Other Languages(1) Under the provisions of chapter 9.73 RCW, the "incoming phone calls" exception in RCW 9.73.090(1)(a) does permit a police agency to record those incoming calls which are not of an "emergency" nature(2) Assuming the foregoing, however, care must be taken in applying the "incoming phone calls" exception in RCW 9.73.090(1)(a) where the call is received by a police agent who has deliberately induced a criminal suspect, not yet arrested or formally charged, to make an incoming call to the police agency; there, wherever the spirit or the letter of the statute dictates taped mutual consent or judicial authorization prior to recording a telephone conversation with a criminal suspect, the "incoming calls" exception could well be held inapplicable even if single party consent is present.(3) The several statutory exceptions to the Privacy Act set forth in RCW 9.73.030(2), RCW 9.73.090(1)(a), RCW 9.73.090(1)(b) and RCW 9.73.090(2) do not overlap each other in such a way as to render any such exception(s) totally duplicative of another and therefore unnecessary and superfluous.
The records of funds deposited by the commissioner of public lands in approved state depositories, pursuant to RCW 43.85.130 and 43.85.140, are available for public inspection in accordance with RCW 43.88.200.
The requirement in RCW 36.17.020, as amended by § 1, chapter 226, Laws of 1969, Ex. Sess., that "one half the salary of each prosecuting attorney shall be paid by the state" does not impose an obligation upon the state to make one half of the employer's required payments for state retirement and social security coverage for such prosecuting attorneys as are participating in these retirement programs.
(1) Chapter 88, Laws of 1973, Ex. Sess., authorizes the legislative authorities of all classes of counties to increase or decrease the salaries of those county officers whose salaries are fixed by its provisions. (2) Under Article XXX, § 1 (Amendment 54) of the state Constitution, prohibiting mid-term salary increases for elective and appointive officers who fix their own compensation, a board of county commissioners or other legislative authority may not grant a mid-term increase in compensation to its own members under chapter 88, Laws of 1973, Ex. Sess. (3) A board of county commissioners or other legislative authority exercising the powers granted by chapter 88, Laws of 1973, Ex. Sess., is effectively authorized by this chapter to fix the salaries of its other elective officials at or above their current levels by an ordinance adopted prior to January 1, 1974, but it may not reduce any of those salaries below those levels. (4) After January 1, 1974, a board of county commissioners or other county legislative authority which by inaction has simply allowed the new salary levels fixed by the legislature to take effect most likely will not be able then to roll those salaries back to their prior levels in the case of any county elective officials then serving ‑ except on a basis which will cause those salary decreases not to take effect until the commencement of the next ensuing terms of the respective county officers.
Where a person is found mentally ill in proceedings brought under chapter 71.02 RCW and committed to a state hospital, the state and not the county is liable for the cost of detention for any period of time which elapses between the entry of the order of hospitalization and the time an ambulance arrives to transport the patient to a state hospital.
The state industrial insurance laws, as presently written, do not permit the State Department of Labor and Industries to issue a certification to two or more employers to self-insure as members of a group, rather than individually.
The Washington State Bar Act (chapter 2.48 RCW) is not unconstitutional by reason of Article XII, § 1 of the Washington state constitution since the State Bar Association is a public agency and not a private corporation.
(1) A board of county commissioners may not appoint one of its members to fill a vacancy in the office of county auditor. (2) Same: If a county commissioner were to resign his office for the sole purpose of accepting an appointment as the county auditor under a prior agreement to that effect with the board of which he was a member, the member would still be ineligible for the appointment notwithstanding his resignation.
The provisions of chapter 67, Laws of 1981 (Substitute House Bill 101) require that such hearings examiners as are employed by the Employment Security Department's Appeal Tribunal be transferred to the Office of Administrative Hearings on July 1, 1982.
The clerk of a superior court is not required by law to return a jury fee paid in a civil lawsuit either (1) when the demand for jury has been stricken by the court more than three days before the date of trial for the reason that the demand was untimely filed or (2) when, after the case has been set for trial, the court is notified of a settlement in the case prior to the trial date.