Letter Opinion 1970 No. 042

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                                                                  March 25, 1970
 
 
 
Honorable James P. McNally
Prosecuting Attorney
Pend Oreille County
Newport, Washington 99156
                                                                                                               Cite as:  AGLO 1970 No. 42
 
 
Dear Sir:
 
            This is written in response to your letter dated March 20, 1970, regarding the matter of the anticipated resignation of the Pend Oreille County superintendent of schools.
 
                                                                     ANALYSIS
 
            As you have correctly pointed out, the statute which will govern this situation arising in consequence of the anticipated resignation is RCW 28.19.530, codifying § 7, chapter 176, Laws of 1969, Ex. Sess.  Under this statute:
 
            ". . .  All existing county and intermediate district superintendents shall continue in office until the end of their respective terms of office.  While holding such positions the existing superintendents shall continue to receive the salary of that office paid by the boards of county commissioners as prescribed by law existing immediately prior to April 25, 1969.  Unless all positions of county and intermediate school district superintendents within an intermediate school district shall become vacant before the expiration of the existing terms of office, no vacancies shall be filled, but the intermediate school district board shall designate another such superintendent within the district to serve in that vacant position for the duration of that term of office.  . . ."
 
            Pend Oreille County, as we understand it, is a part of a five‑county intermediate school district which also includes the counties of Stevens, Ferry, Lincoln and Spokane.  Accordingly, unless all five of the school superintendents of these several counties should vacate their offices prior  [[Orig. Op. Page 2]] to the expiration of their current (and last) terms of office as county school superintendents, none of the vacancies created by individual resignations are to be filled.  Therefore, there will be no basis for filling the vacancy in the office of the Pend Oreille County superintendent of schools which it is anticipated will occur in May, 1970, unless all of the four other county school superintendents of the counties which comprise the subject intermediate school district should also vacate their offices prior to the expiration of their current terms.
 
            Under RCW 28.19.530, supra, the functions of the Pend Oreille County school superintendent will, during the period remaining between the anticipated resignation and the expiration of the current term, be performed by a school superintendent from one of the other four counties in the intermediate district ". . . for the duration of that term of office.  . . ."  However, the full obligation to pay the salary to that individual will remain that of the particular county whose school superintendent the individual in question is.
 
            We trust that the foregoing will be of assistance to you.
 
Very truly yours,
 
FOR THE ATTORNEY GENERAL
 
 
Philip H. Austin
Assistant Attorney General