Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1979 NO. 8 >

House Bill No. 75, currently pending before the legislature, which (if enacted) would permit the voters of any noncharter county to increase the composition of their board of county commissioners from three to five members, would in all probability be unconstitutional in view of Article XI, §§ 4 and 5 of the Washington Constitution as heretofore

AGO 1982 NO. 8 >

There is no authority, under existing state law, for the adoption and implementation, by the board of county commissioners of a noncharter county, of a county personnel system covering the employment, compensation, subsequent promotion, suspension or discharge of all county employees‑-including those appointed by other, independent, county elected officials; there are, however, certain limited actions which may be taken in this area pursuant to a joint agreement between all affected county offices.

AGO 1969 NO. 8 >

The department of institutions presently has no authority, under the provisions of chapter 239, Laws of 1967 (chapter 39.34 RCW), or any other statute, to enter into a contract with a county for the temporary detention of county jail prisoners in any existing state correctional institution for convicted felons.

AGO 1992 NO. 8 >

RCW 41.04.190 provides that insurance benefits are not additional compensation for county elected officials.  RCW 41.04.190 does not apply to insurance benefits provided to water district commissioners pursuant to RCW 57.08.100.

AGLO 1980 NO. 8 >

Analysis and discussion of the effect of so much of § 90, chapter 270, Laws of 1979, 1st Ex. Sess., as appropriated $42,000 from the State Game Fund to defray legal costs associated with the construction and operation of a regulating structure stabilizing the level of water in Silver Lake.

AGLO 1978 NO. 8 >

RCW 41.14.030 does not prohibit a person from simultaneously serving as a county civil service commissioner and as a high school librarian.

 

AGLO 1975 NO. 8 >

(1) A vacancy in the office of county sheriff created by a resignation does not constitute an "incapacity" within the meaning of RCW 36.24.010 so as to require the county coroner to perform the duties of the sheriff until the vacancy is filled by the county commissioners. (2) If, upon the occurrence of a vacancy in the office of county sheriff, the superior court of the county were to appoint an acting sheriff under the provisions of RCW 36.28.090, its action would be entitled to a presumption of validity and even if ultimately established to be invalid, it would nevertheless establish the appointee as the defacto county sheriff.

AGLO 1974 NO. 9 >

In a fourth class county, where the prosecuting attorney serves as ex officio coroner, and where, due to a vacancy in the office of sheriff, the said prosecuting attorney in his capacity as coroner has also performed temporarily the duties of the sheriff by reason of RCW 36.24.010, the prosecuting attorney/coroner is not entitled to the sheriff's salary or fees for the period in which he performed the sheriff's duties.

AGO 1968 NO. 9 >

(1) Where a sheriff finds a reported stolen vehicle abandoned on a public highway or at some other place in his county, he may, in the absence of available public equipment and facilities for such purposes, employ the operator of a private towing and storage service to tow and store such vehicle until the owner appears and claims it. (2) In such a case, the private towing and storage operator who has been thus employed may assert a lien in the vehicle against the owner for payment of such towing and storage charges as are due at the time the owner appears to claim the vehicle.

AGLO 1979 NO. 9 >

Under the provisions of chapter 51.24 RCW, as amended by chapter 85, Laws of 1977, 1st Ex. Sess. (SSB 2154), either the State Department of Labor and Industries or a self-insured employer may legally approve a settlement between an injured worker (or beneficiary) and a third party tortfeasor which is for an amount less than the amount already disbursed by the department or self-insurer for industrial insurance benefits.