Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1974 NO. 15 >

(1) The governing body of a state institution may not, in the exercise of its statutory authority to employ and fix the salaries and duties of the various administrative officers and employees of that institution, provide those officers and employees with the unrestricted use of an automobile owned or leased by the institution for that purpose.  (2) Where the statutory authority of a state institution is to "employ," or "employ and compensate" its necessary officials or employees, that institution may, in the exercise of this authority, contract to provide the unrestricted use of an automobile leased by the institution for that purpose, but it may not so contract in the case of a state‑owned automobile in view of WAC 82-28-200 which provides that state cars shall be used only for official business.

AGLO 1982 NO. 15 >

After July 1, 1982, the hearing contemplated by WAC 392-137-060, relating to the approval of inter-district student transfers by the State Superintendent of Public Instruction, will have to be conducted by an administrative law judge in accordance with the provisions of chapter 34.12 RCW unless the hearing is conducted, instead, by the Superintendent of Public Instruction himself.

AGLO 1974 NO. 15 >

A board of county commissioners acting pursuant to RCW 36.32.200 may, with the approval of a majority of the county superior court judges, employ an attorney to advise the board on general matters of its concern; such employment contract, however, may not extend beyond the term of the board.

AGO 1975 NO. 15 >

(1) In the absence of specific legal authorization or direction, a public agency governed by Initiative No.276 (chapter 42.17 RCW) is prohibited by RCW 42.17.260(5) from supplying the names of natural persons in list form when the person requesting such information from the public records of the agency intends to use it to contact or in some way personally affect the individuals identified on the list and when the purpose of the contact would be to facilitate that person's commercial activities.  (2) Application of above principles to several specific factual situations involving records in the custody of the state department of motor vehicles.

AGLO 1976 NO. 15 >

Discussion of the respective responsibility of the department of labor and industries and the state board of electrical examiners in the process of licensing electrical contractors under RCW 19.28.120.

AGO 1996 NO. 15 >

RCW 42.23.030 does not prohibit the service of one spouse as a county commissioner (and ex officio local health board member) while the other spouse serves as administrative officer of the health department; these positions are both public offices and the compensation for them does not arise out of contract.

AGO 1970 NO. 15 >

The director of fisheries may lawfully close a given area to commercial fishing without also closing it to sports fishing where his action is taken for the purposes of conservation and for the protection and proper management of the state's fisheries.

AGLO 1980 NO. 15 >

(1) The State Board of Industrial Insurance Appeals may not use Title 51 RCW accident fund or medical aid fund monies to process and adjudicate appeals arising under the Crime Victims' Compensation Act. (2) In the absence of any funds which may legally be used for the processing of crime victims compensation appeals, no appeal processing which requires an expenditure of state funds can properly be carried on by the Board of Industrial Insurance Appeals.

AGO 1977 NO. 15 >

(1) If a vacancy occurs in a partisan county or legislative office prior to the state general election which is to be held on November 8, 1977, an election will then be required for the remainder of the unexpired term regardless of whether or not the vacancy is initially filled by appointment.  (2) If such a vacancy occurs on or before the last Friday in July of 1977, filings should be accepted pursuant to RCW 29.18.030 and the election should be conducted accordingly in the usual manner.  (3) If such a vacancy occurs after the last Friday in July of 1977, but on or before the first Friday in August, nominations and filings may be made by the political parties under RCW 29.18.150.  (4) If, however, the vacancy does not occur until after the first Friday in August, 1977, the only method for conducting the election will be on a write‑in basis since RCW 29.21.350-29.21.410 only pertain to elections for nonpartisan offices.

AGO 1985 NO. 16 >

When a vacancy occurs in a joint legislative district located partly in a home rule county governed by a legislative body consisting of more than three members, and partly in a county governed by a three‑member board of county commissioners, each county is entitled to cast three votes in the appointment process.