ELECTION OF ADDITIONAL PORT COMMISSIONERS UNDER CHAPTER 219, LAWS OF 1982(1)

DISTRICTS ‑- PORT ‑- ELECTIONS ‑- ELECTION OF ADDITIONAL PORT COMMISSIONERS UNDER CHAPTER 219, LAWS OF 1982 

Although additional port commissioners may be elected under RCW 53.12.120 as amended by § 1, chapter 219, Laws of 1982 at a special election conducted in November of 1982 (rather than waiting for the next port district general election in November of 1983), the terms of those additional commissioners, if they are so elected, will, nevertheless, not commence until January 1, 1984 since that is ". . . the date provided by law for port commissioners to next commence their terms of office"; in turn, their successors will then be elected in November of 1987 and 1989, respectively, at the same time as other port commissioners, generally, are elected. 

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                                                                 August 13, 1982 

Honorable Lorraine Wojahn
State Senator, 27th District
3592 East "K" Street
Tacoma, Washington 98404

Cite as:  AGO 1982 No. 11                                                                                                                

 Dear Senator Wojahn:

             We are in receipt of your letter requesting our opinion on the following question:

             "If a Port District special election is called in an even-numbered year in a District which has increased in membership from three to five (pursuant to § 1, chapter 219, Laws of 1982), for how long will the person(s) elected serve and when will their successor(s) be elected?"

             We respond in the manner set forth in our analysis.

                                                                     ANALYSIS

             The foregoing question, as noted, arises in the context of § 1, chapter 219, Laws of 1982 by which the legislature amended RCW 53.12.120, relating to port districts, to read as follows:

             "((In port districts having a population of)) When the  [[Orig. Op. Page 2]] population of a port district reaches five hundred thousand ((or more)), in accordance with the latest United Statesregular or special census or with the official state population estimate, there shall be submitted to the voters of the district, at the ((first)) next general election ((after June 11, 1953)) or at a special port election called for that purpose, the proposition of increasing the number of commissioners to five.  At any general election thereafter, the same proposition may be submitted by resolution of the port commissioners, by filing a certified copy of the resolution with the county auditor at least four months prior to the general election.  If the proposition is adopted, the commission in that port district shall consist of five commissioners in positions numbered as specified in RCW 53.12.035, the additional commissioners to take office five days after the election."

             In AGO 1982 No. 7, copy enclosed, this office concluded that the "next general election," for purposes of the foregoing statute, will be the November, 1983 port district general election as provided for in RCW 29.13.020.  In so concluding, however, we also noted the possibility of an earlier special election which, conceivably, could be held during the fall of 1982, instead.  And, in turn, we later confirmed that latter proposition in our letter to State Representative Wendell Brown of July 12, 1982, a copy of which is also enclosed for your immediate reference, where we observed that:

             ". . . It is only the general elections of cities, towns or districts which are required by RCW 29.13.020 to be conducted in an odd-numbered year‑-on the first Tuesday following the first Monday in November."

             Your question also takes cognizance of this latter possibility and inquires as to the terms of office which the two additional port commissioners will serve if the subject election is, indeed, conducted this year rather than in 1983.  The answer, basically, will be found in RCW 53.12.130 which provides as follows:

             ". . . The additional commissioner thus elected receiving the highest number of votes shall hold office for six years and the other shall hold office for four years from the date provided by law for port commissioners to next commence their terms of office.

              [[Orig. Op. Page 3]]

            "A successor to a commissioner holding position four or five whose term is about to expire, shall be elected at the general election next preceding such expiration, for a term of six years."

             In AGO 1982 No. 7 we alluded to the possibility that if the two additional commissioners were to be elected at the November, 1982 state general election (instead of the November, 1983port district election) they would then serve terms which would be ". . . totally out of step with the terms of the other commissioners."  That conjecture, however, assumed (without deciding) that the terms of the two new commissioners would begin on January 1, 1983, so as to then end on January 1, 1987 and January 1, 1989, respectively.  And even under that schedule it is possible that the anomaly (as we called it) could have been rectified (as we later suggested to the Secretary of State's Office) through application of the common law holdover rule‑-under which an incumbent may hold over after the conclusion of his term until the election and qualification of a successor.  See, 63 Am.Jur.2d, Public Officers and Employees, § § 157-160.1/