Bob Ferguson
Other LanguagesAGLO 1970 No. 90 -
Attorney General Slade Gorton
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June 9, 1970
Honorable Paul Klasen
Prosecuting Attorney
Grant County Court House
Ephrata, Washington 98823
Cite as: AGLO 1970 No. 90
Re: Cemetery districts ‑ director ‑
secretary
Dear Mr. Klasen:
In your previous correspondence you requested an opinion on the question of whether or not a director of a cemetery district can legally serve also as secretary for the district.
ANALYSIS
A similar situation was discussed in AGO 59-60 No. 157 [[to Prosecuting Attorney, Franklin County on November 10, 1960]]and the question was answered in the negative. A copy of this opinion is enclosed. However, in that situation the secretary had some substantial duties which caused us to regard the secretary's position as that of an officer of the district, and his office incompatible with that of commissioner.
The statutes relative to fire protection districts have since been amended to eliminate the problem of incompatibility in that situation.
In reviewing the statutes relative to cemetery districts, chapter 68.16 RCW, we find sufficient dissimilarity to conclude that the problem of incompatible offices does not exist. In fact, according to the normal tests described in AGO 59-60 No. 157, the position of cemetery district secretary seems to be that of employment, rather than that of an office. Therefore, the existence or nonexistence of a conflict would depend upon the factors described in chapter 42.23 RCW, the municipal conflict of interest statutes. The only possible conflict that could arise, in our opinion, would arise by reason of a payment of compensation to the secretary at a rate in excess of $200 per month.
[[Orig. Op. Page 2]] We trust that these views will be of some assistance to you.
Very truly yours,
FOR THE ATTORNEY GENERAL
Robert F. Hauth
Assistant Attorney General