Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1965 NO. 31 >

(1) A county assessor may, within the limits prescribed by RCW 84.40.030 and Article VII, § 2, Amendment 17, Washington State Constitution (assessment of property at fifty percent of its true and fair value in money) increase the level of assessment on all property in his county on a uniform basis although it may not be possible to make a physical inspection or reappraisement of all the property in the county during a single year. (2) A county assessor whose records do not specifically list the 100% market value of properties in the county, but simply the assessed value, may nevertheless make the contemplated adjustment in the level of assessment since full true and fair market value is ascertainable from the information available in his office.

AGLO 1980 NO. 31 >

(1) A county auditor is legally authorized to reject records of survey which do not meet the requirements set forth in chapter 332-130 WAC, chapter 58.09 RCW and chapter 58.17 RCW.(2) A county auditor is required by RCW 58.17.190‑-prior to approval by the appropriate local legislative body‑-to refuse to accept for recordation any maps or representations which in fact constitute a "plat" of a "subdivision" required to be filed under chapter 58.17 RCW, and which otherwise contain a survey of such a subdivision.

AGO 1961 NO. 31 >

The board of county commissioners of Pacific county is legally authorized to contribute toward the cost of construction of a Washington approach to the proposed Astoria-Megler bridge, within the debt limit requirements.

AGLO 1976 NO. 32 >

The secretary of state would not be legally justified in refusing to perform the new duties imposed upon his office by chapter 46, Laws of 1975-76, 2nd Ex. Sess., merely because the legislature failed to make a specific appropriation to fund the performance of those duties.

AGLO 1977 NO. 32 >

Even though the statutes relating to duties of a county sheriff do not, themselves, expressly require him to conduct search and rescue operations he may well have a duty to do so either because of his involvement in the county emergency services organization or because a criminal investigation may be called for under the facts of a given case.

AGO 1963 NO. 32 >

Under a treaty entered into in 1855 by the United States government and the Yakima Indians, the Indians were given exclusive fishing right on rivers "running through or bordering said reservation."  A rule or regulation of the department of fisheries purporting to authorize fishing at such places, by nonmembers of the tribe, is invalid and must fall as being in conflict with the supremacy clause of the United States Constitution.

AGO 1959 NO. 32 >

The 1959 statutory increase in the per diem allowance for state officials and employees does not affect the 1957 statute allowing reimbursement of expenses of not to exceed $25.00 to the director and supervisors of the department of commerce and economic development.  

AGLO 1976 NO. 33 >

(1) Since the state committee on salaries consists of a total of seven members the quorum requirement for that agency is the attendance of at least four of those members. (2) So long as a quorum of the state committee on salaries is present a motion or other proposition may be passed by the concurring votes of a simple majority of the committee members who are, in fact, in attendance at the particular meeting.

AGLO 1978 NO. 33 >

For lack of statutory authority (and not because of any constitutional objection), the State Department of Fisheries may not give (i.e., transfer without monetary consideration) surplus edible salmon which have come within its possession or ownership, no matter how obtained, to a federally-recognized Indian tribe (or individual members thereof)‑-except in the case of spawned-out salmon and salmon in spawning condition to the extent permitted by RCW 75.12.130; the department may, however, sell any such other salmon to a federally-recognized Indian tribe for whatever price may be agreed upon between the department and the tribe rather than (necessarily) full market value.

AGO 1959 NO. 33 >

The chief of the Washington state patrol may establish separate promotional examinations based on reasonable job classifications under the provisions of RCW 43.43.330 requiring appropriate examinations for promotion of commissioned officers of the state patrol, subject to the limitation that there be only one eligible list.