Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1978 NO. 3 >

RCW 43.09.210 does not prohibit the making of those fund transfers by the Department of Agriculture which are provided for in § 31, chapter 339, Laws of 1977, 1st Ex. Sess., as a condition to certain appropriations to the state Department of General Administration.

AGO 1975 NO. 3 >

(1) Where the salary of a superior court aide is fixed by statute, or by the county commissioners or other legislative authority pursuant thereto, a judge of the court is without power to set a higher salary by a directive or order in a nonjudicial proceeding; the court may, however, entertain an action for a writ of mandamus to require the salary fixing authority to raise the salaries of its personnel, but it will only be justified in granting the writ if, applying recognized judicial standards, it finds that the legislative authority involved has acted arbitrarily or capriciously.  (2) Under RCW 2.28.139 it is the obligation of each county (acting through its county commissioners) to furnish the courtroom and related necessary facilities for the conduct of the superior court; if the county fails to do so, the court may order the sheriff to provide the requisite facilities at county expense or, if this administrative remedy fails, the court may compel the commissioners to comply with the requirement of the statute by issuance of a writ of mandamus in a judicial proceeding ‑ subject to a right of appeal and all other procedural requisites of a regular court case.

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 1986 NO. 4 >

Legislative reduction of the terms of office of current members of the Washington State Liquor Control Board does not infringe upon a right of the members to a continuation of salary for the balance of the terms for which they were originally appointed.

AGO 1959 NO. 4 >

(1) The state accident fund, medical aid fund, reserve accident fund, state employees' retirement fund teachers' retirement pension reserve fund, volunteer firemen's relief and pension fund, and Washington state patrol retirement fund are not required by state constitution to be appropriated by the legislature prior to expenditure. (2)  The accident, reserve accident, and medical aid funds are subject to legislative appropriation by direction of the legislature. (3)  Moneys in the state employees' retirement, teachers' retirement pension reserve, volunteer firemen's relief and pension, and Washington state patrol funds, may be expended without legislative appropriation. (4)  The director of budget is authorized to provide information by which the budget will accurately reflect the amount of money appropriated by the legislature.

AGO 1969 NO. 4 >

(1) The water pollution control commission has the authority to establish water quality standards for waters of the state under RCW 90.48.035, including waters found in canals, drains, wasteways and reservoirs of irrigation and drainage systems located within the state.  (2) Persons who propose to discharge wastes of industrial and commercial operations into canals, drains, wasteways or reservoirs or irrigation and drainage systems are required by RCW 90.48.160 to obtain a waste discharge permit prior to such a discharge.

AGO 1984 NO. 4 >

In view of specific language in § 75, chapter 46, Laws of 1983, 1st ex. Sess., neither the Department of Fisheries nor the Department of Game may now deny, or condition, a hydraulic permit applied for under RCW 75.20.100 on the nonstatutory ground that the project, or other work involved‑-for which the permit is sought‑-would physically conflict with the taking of fish or shellfish.

AGO 1965 NO. 4 >

If an assessor has good reason to believe that there may be an error in the tax rolls which would result in certain property being assessed at other than its true and fair value, he has the authority and a duty to determine whether an error does exist, and if so, to take whatever corrective measures that are necessary.