Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1982 NO. 22 >

Consideration of questions regarding the legal authority of the Washington Criminal Justice Training Commission to adopt certain proposed regulations establishing minimum standards of mental, physical and moral fitness for appointment to various state and local law enforcement positions.

AGO 1978 NO. 22 >

(1) The provisions of chapter 42.23 RCW are not violated by the appointment, by a board of fire commissioners, of the wife of one such commissioner to serve as secretary of the district.  (2) It is not a violation of RCW 52.12.010 for the wife of a fire protection district commissioner who has been appointed to serve as secretary of the district to be compensated for her services as such.

AGO 1991 NO. 22 >

1.  Charter cities, charter counties, noncharter first class cities and noncharter code cities have the authority to impose a limit on the number of terms a locally elected official can serve.   2.  Depending upon the provisions of their charter, charter cities and charter counties can adopt a term limitation as a charter provision by ordinance or through the initiative process.  Noncharter first class cities and noncharter code cities can only adopt a term limitation through the passage of an ordinance.

AGO 1967 NO. 22 >

The judge appointed to fill the new superior court judgeship created in Snohomish county by § 3, chapter 84, Laws of 1967, Ex. Sess., is entitled, after June 8, 1967, to receive the $22,500 annual salary established for superior court judges under chapter 65, Laws of 1967.

AGLO 1976 NO. 22 >

The state department of ecology may not condition a water right permit issued under RCW 90.03.290 by providing, pursuant to an administrative regulation, that once such a permit has been in effect for at least twenty-five years the state, upon giving five years' notice, may utilize a certain prescribed formula for the measurement of damages if it exercises its power of eminent domain to condemn the water right embodied in the permit ‑ in lieu of paying full compensation as ascertained by the court or jury under Article I, § 16 (Amendment 9) of the state constitution.

AGLO 1974 NO. 22 >

Where during a legislative session and prior to the general adjournment thereof a bill not subject to referendum and bearing an immediate effective date is partially vetoed by the governor, the remainder of the bill takes effect immediately and the secretary of state is required to record it and assign it a chapter number under RCW 44.20.020.

AGLO 1979 NO. 22 >

(1) Under RCW 38.12.030 the governor, in appointing the state adjutant general, is required to order said appointee to active service as defined by RCW 38.04.010 and RCW 38.38.004.

(2) In view of those statutory definitions, the position of state adjutant general must be deemed to be a full-time job; while this does not mean that the adjutant general may not also have some other employment, it does mean that any such other employment must be secondary to the state position.

AGO 1987 NO. 22 >

RCW 28B.50.050 prohibits a member of the State Board for Community College Education from also serving as the interim director of the Joint Center for Higher Education.

AGLO 1980 NO. 22 >

(1) The Island County auditor may not accept filings for the office of coroner to be placed on the 1980 primary and general election ballot solely on the basis of an assumption or anticipation that Island County will be reclassified as a third class county following completion of the 1980 federal census. (2) In the absence of reclassification of Island County on the basis of the federal census prior to the candidates' filing period set forth in RCW 29.18.030, it would be a prerequisite to placing the office of coroner on the ballot that the county commissioners first do what is contemplated by RCW 36.13.020, et seq., in order to cause Island County to become a third, instead of a fourth, class county.

AGO 1971 NO. 23 >

On and after the effective day of chapter 284, Laws of 1971, 1st Ex. Sess., portions of which were vetoed by the governor, occupational drivers' permits can continue to be issued in this state as provided for in RCW 46.20.390.