Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1974 NO. 67 >

(1) Assuming that all of its officers are United States citizens, an incorporated city or town may be issued a retail liquor license by the state liquor control board under the provisions of RCW 66.24.010. (2) The liquor control board, acting through its enforcement officers and subject to the applicable provisions of the Administrative Procedures Act, may enforce the liquor act and related regulations in the case of violations thereof by an incorporated city or town as licensee.

AGO 1959 NO. 68 >

The Department of Public Assistance has no authority to place children for adoption but it has authority to accept the custody of dependent children as that term is defined in chapter 74.12 RCW.

AGO 1966 NO. 68 >

Where a school district or other municipal corporation issues and sells refunding bonds pursuant to chapter 138, Laws of 1965, Ex. Sess., and places the proceeds in the custody of its county treasurer for investment pending ultimate application to the purpose for which the bonds have been issued, the investment service fee provided by RCW 28.58.440 or RCW 39.29.020 is to be charged.

AGLO 1976 NO. 68 >

The Washington state hospital commission has the authority, under RCW 70.39.140, to devise and approve the use of alternative systems of payment to hospitals for services provided to health care recipients covered under Medicare, Medicaid, Industrial Insurance or similar programs which the payors under those programs may then, in the exercise of their legal authority, require such hospitals to utilize.

AGO 1961 NO. 69 >

(1) The investment service fee payable to the county treasurer under chapters 123 and 254, Laws of 1961, can be imposed only upon investments authorized by governing bodies of municipal corporations subsequent to the effective dates of the acts. (2) Chapter 123, Laws of 1961, does not amend § 1, chapter 29, Laws of 1945 (cf. RCW 28.51.120) to allow investment income from school building fund investments to be credited to any other fund than the building fund of the district, nor to permit the county treasurer, rather than the board of directors of a school district, to select the type of investment in which building funds may be invested. (3) The provisions of chapters 123 and 254, Laws of 1961, require payment of the specified investment service fee on school district building fund investments, after termination of the investment when the interest or earnings becomes available to the district. (4) Chapter 123, Laws of 1961, is by its terms applicable to school districts only.  The only effect of chapter 254, Laws of 1961, upon the investment powers and duties of water districts is the requirement that the investment service fee be charged against water district fund investments made by the county treasurer in savings and loan associations and in short term United States government securities.

AGO 1966 NO. 69 >

(1) Under § 6 of the 1965 Public Officials' Code of Ethics Act (chapter 150, Laws of 1965, Ex. Sess.), which requires "public officials" to make regular periodic written disclosures of certain financial interests and activities, the term "public official" includes (a) all state officers expressly mentioned in § 2 of the act, (b) all other state officials, and (c) state employees who are engaged in supervisory, policy making or policy enforcing work.  The term includes, but is not limited to, appointive executive department or service agency heads, directors, assistant directors, executive secretaries, and managers; appointive members of state boards or commissions; assistant attorneys general; supervisory employees of the supreme court; and supervisory or policy making or enforcing deputies or assistants to elective officials.  Any state employee believing his position is by reason of its function thus included who has any reportable financial interest or activity should file a report unless he has received reliable legal advice to the contrary.

AGLO 1974 NO. 69 >

County prosecuting attorneys are required to provide legal counsel and representation to county transportation authorities created pursuant to chapter 167, Laws of 1974, 1st Ex. Sess.

AGO 1961 NO. 70 >

There is no state law which prohibits a political party in this state from endorsing a candidate in the primary election since such "endorsement" of a political party cannot exclude others from filing for the same office at the primary as a candidate of the same political party.

AGO 1966 NO. 70 >

(1) In computing the three‑day waiting period for issuance of a marriage license a county auditor may count days on which his office is closed. (2) If the third day falls on a day on which a county auditor's office is closed, the auditor may authorize a qualified person in the sheriff's office to deliver the marriage license to the applicant at the sheriff's office on such date provided (1) the person who actually delivers the license has been appointed as a deputy county auditor under RCW 36.16.070; and (2) the county commissioners by resolution have authorized such activity.

AGLO 1974 NO. 70 >

The Washington State Personnel Board has the statutory authority under RCW 41.06.150 to promulgate rules defining and excluding "executive management," "supervisors" and "individuals regularly privy to confidential matters affecting the employer-employee relationship" from the right to bargain collectively with their appointing authorities, as it does currently under merit system rules 356-06-010 and 356-42-010(2).