Letter Opinion 1970 No. 057

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                                                                    April 9, 1970
 
 
 
Honorable Thomas L. Copeland
Speaker, House of Representatives
Route 3
Walla Walla, Washington 99362
                                                                                                               Cite as:  AGLO 1970 No. 57
 
 
Dear Sir:
 
            This is written in response to your recent request for our opinion regarding the appointment of members of a board of trustees of a community college district under the provisions of RCW 28.85.100, as amended by § 7, chapter 261, Laws of 1969, Ex. Sess.  Your question is whether the statute, as amended (including the governor's veto of a portion of the proposed amendment) now permits the governor to make appointments to the various boards of trustees of the several community college districts without reference to a list of nominees submitted by legislator composed nominating committees?
 
            We answer this question in the affirmative.
 
                                                                     ANALYSIS
 
            The procedure for appointing community college trustees only from a list of nominees submitted by the nominating committee composed of members of the legislature residing within the boundaries of each community college district was a feature of the original, 1967, community college reorganizational law ‑ chapter 8, Laws of 1967, Ex. Sess.  However, the particular section of the 1967 act which established this procedure was repealed by § 16 (1) of chapter 261, Laws of 1969, Ex. Sess.
 
            In addition, a revised version of this original 1967 provision, which was proposed as an amendment to RCW 28.85.100 (codifying § 10, chapter 8, Laws of 1967, Ex. Sess.) by § 7 of Engrossed Second Substitute House Bill No. 480 (1969) was vetoed by the governor when this bill reached his desk ‑ and as a consequence of this veto, RCW 28.85.100, as amended, contains no requirement for resort by the governor to a list of nominees submitted by nominating committees composed of members of the state legislature as a basis for the appointment of community college district trustees.
 
             [[Orig. Op. Page 2]]
            We trust that the foregoing will be of assistance to you.
 
Very truly yours,
 
FOR THE ATTORNEY GENERAL
 
 
Philip H. Austin
Assistant Attorney General