Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1977 NO. 2 >

Under present state constitutional provisions, it is now permissible for county commissioners to receive a legislatively granted mid-term salary increase resulting from an upward reclassification of their county and the commissioners may, constitutionally, adopt appropriate budgetary amendments to fund such salary increases.

AGLO 1980 NO. 2 >

The failure of a newly elected county clerk to execute and furnish an official bond pursuant to RCW 36.16.050 does not cause a vacancy in the office to exist pursuant to RCW 42.12.010; instead, such omission merely bars the newly elected clerk from qualifying and, thus, continues the term of his or her predecessor who, however, may, by resigning or refusing to serve, cause a vacancy to come into existence.

AGLO 1977 NO. 2 >

Because of the definitions of certain key terms in RCW 80.50.020(17) it is not possible to determine in advance of the commencement of operation whether a certain proposed project of the Mobil Oil Company in Whatcom county will be such as to be subject to a requirement of site certification under the provisions of chapter 80.50 RCW (the state siting law).

AGLO 1979 NO. 3 >

Extent of the legal ability of the Department of Social and Health Services, in the light of an existing collective bargaining agreement, to contract for the performance of crisis intervention services as proposed by Senate Bill No. 2036 (1979), amending RCW 74.13.031.

AGLO 1974 NO. 3 >

It is not a violation of Article VIII, §§ 5 or 7 of the state Constitution for the governor to proclaim a legal holiday in accordance with the authority granted to him in RCW 1.16.050.

AGO 1979 NO. 3 >

(1) The facilities of a state college or university may be used for a candidates' forum to which candidates for elective office would be invited on a nondiscriminatory basis to appear on campus to present their views and respond to questions from the audience, which forum would be sponsored by the student body or some other campus group and would involve no charge to the candidates for attendance or for use of the facilities.  (2) The facilities of a state college or university may be used for the conduct of a political party convention on campus provided that the political party involved actually rents the facilities from the college pursuant to a legitimate lease or rental agreement.  (3) A state college or university may allow student campus groups to sponsor meetings involving organizations such as the "Crab Shell Alliance" group opposing the Trident Base at Bangor and the "Greenpeace" group opposing nuclear power plants, utilizing the public facilities at the college as a forum for such organizations to espouse their beliefs.

AGO 1961 NO. 3 >

The board of county commissioners is not granted authority by RCW 36.32.120 or 67.20.010 to construct and operate a sports stadium or arena or to purchase on behalf of the county a major league professional sports franchise including but not limited to baseball and football.

AGLO 1982 NO. 3 >

The State Jail Commission may not suspend or withhold funding from a city or county for new jail construction or remodeling on the basis that the Commission has ordered closure of the existing jail facility of such city or county for failure to comply with mandatory state custodial care standards.

AGO 1983 NO. 3 >

Neither the common law doctrine of incompatible public offices nor any other state law precludes a person from simultaneously serving as a member of the council of a city or town proposing to be annexed by a fire protection district and as a paid or volunteer firefighter for the subject district.

AGO 1959 NO. 3 >

A county health officer may be paid a fee for examination of persons suspected of being mentally ill but not be paid per diem for his attendance and testimony on the mental illness complaint.