Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

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.

AGO 1967 NO. 9 >

The only positions which are outside the classified civil service in the sheriff's office of a first, second or third class county are the positions of sheriff and three principal positions comparable to undersheriff, a chief criminal deputy and a chief civil deputy; accordingly, the sheriff of such a county may not fill the position of jailer or head jailer by appointment outside the classified civil service except to the extent that he may designate himself, or his undersheriff, chief criminal deputy or chief civil deputy as jailer or head jailer.

AGO 1984 NO. 9 >

RCW 41.14.140 does not authorize, or empower, a county sheriff to fix the compensation of his deputies without regard to what the board of county commissioners might have determined.

AGO 1963 NO. 9 >

Where the offices of the city clerk and city attorney in a third class city have been made appointive by the city council, under the authority of RCW 35.24.020, the salary of the office holder may be increased or decreased after appointment.

AGO 1984 NO. 10 >

Economic development councils created in response to (but not pursuant to) RCW 35A.11.060, RCW 35.21.680 or RCW 36.32.410 are not, themselves, municipal corporations or quasi-corporations for the purposes of audit under RCW 43.09.260; however, the State Auditor would nevertheless have the authority to examine the books and records of an economic development council (or any similarly situated private party) as an extension of his authority to audit those municipal corporations or quasi-municipal corporations which have provided funds to such organizations.

AGO 1970 NO. 10 >

A municipality which had an elevator code in effect prior to 1963 may continue to assume jurisdiction over conveyances in buildings owned by the municipality itself as well as privately owned buildings; however, under RCW 70.87.050, as amended, conveyances in buildings owned by the state, a county, or a political subdivision other than the municipality itself have been placed under the jurisdiction of the department of labor and industries of the state of Washington.

AGLO 1981 NO. 10 >

Where, at the request of a new governor, the Senate voluntarily returns the names of those unconfirmed appointees then pending before it, the appointees involved are not thereafter entitled to continue in office until the Governor makes new appointments.

AGLO 1978 NO. 10 >

Because of the provisions of Article VIII, § 4 (Amendment 11) of the Washington State Constitution, the full amount of $375,000 which was appropriated to the State Parks and Recreation Commission by § 15(14), chapter 338, Laws of 1977, 1st Ex.Sess., ". . . for the acquisition of 124 acres adjacent to Dash Point state park . . ." may not be expended for the purchase of a smaller, 75-acre portion of the larger tract.