Category: Washington Attorney General Opinions

Honorable Mary Margaret Haugen Attorney General of Washington — Opinion March 6, 2000 COUNTIES — CITIES AND TOWNS — MUNICIPAL COURTS — INTERLOCAL COOPERATION ACT — Authority of county to decline to enter into contract with city or town to handle misdemeanor cases referred from city law enforcement agency. RCW 39.34.180 does not obligate a […]

Honorable Mike Kreidler Attorney General of Washington — Opinion August 13, 2007 INSURANCE — INSURANCE COMMISSIONER — PUBLIC RECORDS — PUBLICDISCLOSURE LAW — Extent to which RCW 48.02.065, making certain recordsconfidential and privileged, mandates nondisclosure of the records inresponse to a public records request. 1. RCW 48.02.065(1), making certain records provided to the InsuranceCommissioner privileged […]

Honorable Fred A. Johnson Attorney General of Washington — Opinion September 4, 1996 CHRISTINE O. GREGOIRE, Attorney General MAUREEN HART, Senior Assistant Attorney General Honorable Fred A. Johnson Prosecuting Attorney Wahkiakum County P.O. Box 397 Cathlamet, WA 98612 Dear Prosecutor Johnson: By letter previously acknowledged, you have asked whether RCW 42.23.030 prohibits an individual from […]

Honorable Jan Shabro Attorney General of Washington — Opinion January 27, 2006 SHORELINE MANAGEMENT ACT — GROWTH MANAGEMENT ACT — COUNTIES —CITIES — Extent to which shorelines should be designated ascritical areas for purposes of the Growth Management Act. 1. When a local jurisdiction designates critical areas underthe Growth Management Act (RCW 36.70A), it is […]

Honorable Hans Dunshee Attorney General of Washington — Opinion February 3, 1999 CHRISTINE O. GREGOIRE Honorable Hans Dunshee State Representative, 39th District P.O. Box 40600 Olympia, Washington 98504-0600 Dear Representative Dunshee: By letter previously acknowledged, you have requested our opinion on a question we have paraphrased as follows: How should the use of military leave […]

Honorable Randall K. Gaylord Attorney General of Washington — Opinion October 28, 1998 CHRISTINE O. GREGOIRE, Attorney General JEFFREY T. EVEN, Assistant Attorney General Honorable Randall K. Gaylord San Juan County Prosecuting Attorney 350 Court Street PO Box 760 Friday Harbor, WA 98250 Dear Mr. Gaylord: By letter previously acknowledged, you have requested our opinion […]

Honorable Michael Heavey Attorney General of Washington — Opinion August 6, 1996 CHRISTINE O. GREGOIRE, Attorney General JAMES K. PHARRIS, Senior Assistant Attorney General Honorable Michael Heavey Senator 34th Legislative District P.O. Box 40482 Olympia, Washington 98504-0482 Dear Senator Heavey: By letter previously acknowledged, you have requested our opinion as to whether Initiative Measure No. […]

Honorable Randall K. Gaylord Attorney General of Washington — Opinion March 18, 2002 COUNTIES — TAXATION — Authority of rural county to use specialsales tax revenues to pay for installation of fiber optic cablefor privately-owned electrical utility. 1. A county may not use revenue from taxes levied underRCW 82.14.370 to acquire or install fiber optic […]

Honorable James L. Nagle Attorney General of Washington — Opinion July 28, 2009 DISTRICTS — MUNICIPAL CORPORATIONS — STATUTORY AUTHORITY — Status ofdistrict or municipal corporation after legislative repeal of authorizingstatutes. The Legislature’s repeal of statutes authorizing the formation of waterdistribution districts for irrigation and governing their operation,without making provision for existing districts, resulted in […]

Honorable Betti L. Sheldon Attorney General of Washington — Opinion October 6, 2004 HOUSING AUTHORITIES — INTERLOCAL COOPERATION ACT — Authority of housingauthority to perform administrative services for agencies in otherstates. A housing authority may perform such administrative services such as”Section 8″ contract administration for housing agencies located in otherstates, if (1) such services are […]

Honorable Mary Margaret Haugen Attorney General of Washington — Opinion September 30, 2003 CITIES AND TOWNS — MOSQUITO CONTROL DISTRICTS — SPECIALASSESSMENTS — Extent to which city-owned property is subject tospecial assessment for operations of mosquito control district. Lands owned by a city, which are located within the corporate limits ofthe city and also within […]

Bill Keim, Ph.D. Attorney General of Washington — Opinion November 19, 2007 SCHOOL DISTRICTS — TAXATION — PROPERTY — Extent to which taxableproperty located in dissolved school district is subject to excess taxlevies previously approved in district to which territory istransferred. When a school district is dissolved and all of its territory istransferred to another […]

Honorable Bob Morton Attorney General of Washington — Opinion November 18, 2005 WATER — WATER RIGHTS — DEPARTMENT OF ECOLOGY — RULES AND REGULATIONS —Interpretation of statutory language exempting withdrawals of groundwaterfor stock-watering from permitting requirements. 1. RCW 90.44.050 exempts withdrawals of groundwater for stock-wateringpurposes from the permitting requirement, without setting a numeric limiton the […]

Honorable Bradley W. Anderson Attorney General of Washington — Opinion August 4, 1999 CHRISTINE O. GREGOIRE, Attorney General JEFFREY T. EVEN, Assistant Attorney General Honorable Bradley W. Anderson Skamania County Prosecuting Attorney PO Box 790 Stevenson, WA 98648 Dear Mr. Anderson: By letter previously acknowledged, you have requested our opinion on the following paraphrased questions: […]

Cindi Holmstrom, Director Attorney General of Washington — Opinion January 30, 2008 TAXATION — PROPERTY — LEVY LID LIFTS — Effect of multi-year levy lidlift on the calculation of a taxing district’s levy lid in yearssubsequent to those covered by the lid lift. If a taxing district gains voter approval for a multi-year propertytax levy […]

Honorable Mary C. McQueen Attorney General of Washington — Opinion January 31, 1996 CHRISTINE O. GREGOIRE, Attorney General JAMES K. PHARRIS, Senior Assistant Attorney General Honorable Mary C. McQueen Administrator for the Courts P.O. Box 41170 Olympia, WA 98504-1170 Dear Ms. McQueen: By letter previously acknowledged, you have asked for our opinion on the following […]

Joe McGavick, Chairman Attorney General of Washington — Opinion February 29, 1996 MAUREEN HART, Senior Assistant Attorney General Joe McGavick, Chairman Mike Murphy, Member Jack Rabourn, Member Washington State Liquor Control Board P.O. Box 43075 Olympia, WA 98504-3075 Dear Chairman McGavick and Messrs. Murphy and Rabourn: By letter previously acknowledged, you have asked for an […]

Honorable Toby Nixon Attorney General of Washington — Opinion May 31, 2006 INITIATIVE AND REFERENDUM — Nature of “declaration” onpetitions as required by RCW 29A.72.110-.130 as amended by Lawsof 2005, ch. 239. 1. RCW 29A.72.110-.130, as amended by Laws of 2005, ch. 239,requires each initiative or referendum petition to contain aprinted “declaration” concerning signature gathering […]

Honorable Harold Hochstatter, Honorable Rosemary McAuliffe Attorney General of Washington — Opinion July 30, 1998 CHRISTINE O. GREGOIRE, Attorney General JAMES K. PHARRIS, Sr. Assistant Attorney General Honorable Harold Hochstatter State Senator, 13th District Honorable Rosemary McAuliffe State Senator, 1st District Senate Committee on Education 219 John A. Cherberg Building PO Box 40482 Olympia, Washington […]

Honorable Jeremy Randolph Attorney General of Washington — Opinion April 17, 2006 FIRE PROTECTION DISTRICTS — CITIES AND TOWNS — ANNEXATION —TAXATION — Effect on fire protection district’s taxing authorityof annexing part of the district into a code city. If a fire protection district issues non-voted, limited taxgeneral obligation bonds, and a portion of the […]

Michael Connelly, Chair Attorney General of Washington — Opinion April 4, 2005 PUBLIC DISCLOSURE LAW — PUBLIC DISCLOSURE COMMISSION — COUNTIES — CITIESAND TOWNS — Meaning of the term “elected legislative body” as used in RCW42.17.130. 1. For purposes of RCW 42.17.130, which generally prohibits the use ofpublic resources on election campaigns but contains an […]

Richard Curtis Attorney General of Washington — Opinion September 7, 2005 GROWTH MANAGEMENT ACT — COUNTIES — CITIES AND TOWNS —Authority of growth management boards to remand cases. 1. The Growth Management Hearings Boards have no authority to remanda case back to a county or city for the purpose of amending theircomprehensive plans or development […]

Honorable Brian Thomas Attorney General of Washington — Opinion May 10, 1999 JAMES K. PHARRIS, Senior Assistant Attorney General Honorable Brian Thomas State Representative, 5th Legislative District P.O. Box 40600 Olympia, WA 98504-0600 Dear Representative Thomas: By letter previously acknowledged, you have requested our opinion on the following question:[1] Does the state constitution permit the […]

Honorable Richard A. Weyrich Attorney General of Washington — Opinion March 27, 2008 COUNTIES `HEALTH’ BOARD OF HEALTH `WATER’ PUBLIC UTILITY DISTRICTS’Authority of county health board to order fluoridation of watersupply. 1. A county health board may lawfully order the fluoridation of awater supply system owned and operated by a public utility district andlocated within […]

Honorable Jim Hargrove Attorney General of Washington — Opinion April 10, 2007 FIREARMS — Whether certain weapons meet the statutory definition of”short-barreled shotgun.” If a weapon, as originally manufactured, did not meet the statutorydefinition of a “shotgun,” then the weapon is not a “short-barreledshotgun” for purposes of state law, either as originally manufactured oras later […]

Honorable Mary Margaret Haugen Attorney General of Washington — Opinion February 29, 1996 CHRISTINE O. GREGOIRE, Attorney General JAMES K. PHARRIS, Senior Assistant Attorney General Honorable Mary Margaret Haugen State Senator P.O. Box 40482 Olympia, WA 98504-0482 Dear Senator Haugen: By letter previously acknowledged, you have requested an opinion on the following questions: 1. Do […]

Honorable Andrew K. Miller Attorney General of Washington — Opinion September 19, 2008 COUNTIES — ELECTIONS — BOARD OF COUNTY COMMISSIONERS — PETITIONS — COUNTY SEAT — Authority to process petitions and canvass elections for the removal of a county seat. 1. The board of county commissioners is required to canvass petitionsseeking to remove the […]

Honorable Brian Sonntag Attorney General of Washington — Opinion November 30, 1998 CHRISTINE O. GREGOIRE, Attorney General MAUREEN A. HART, Sr. Assistant Attorney General Honorable Brian Sonntag Washington State Auditor Legislative Building P.O. Box 40021 Olympia, WA. 98540-0021 Dear Mr. Sonntag: By letter previously acknowledged, you have asked for our legal opinion on several questions […]

Honorable Peggy Johnson, Honorable Harold Hochstatter, Attorney General of Washington — Opinion March 9, 1998 CHRISTINE O. GREGOIRE JAMES K. PHARRIS, Sr. Assistant Attorney General Honorable Peggy Johnson, State Representative, 35th District Honorable Harold Hochstatter, State Senator, 13th District Co-Chairs Joint Select Committee on Education Restructuring P.O. Box 40600 Olympia, WA 98504-0600 Dear Representative Johnson […]

Honorable Brian Sonntag Attorney General of Washington — Opinion October 6, 1997 CHRISTINE O. GREGOIRE, Attorney General JAMES K. PHARRIS, Sr. Assistant Attorney General Honorable Brian Sonntag State Auditor Legislative Building P.O. Box 40021 Olympia, Washington 98504-0021 Dear Mr. Sonntag: By letter previously acknowledged, you have asked for our opinion on the following questions: 1. […]

Honorable Juelanne Dalzell Attorney General of Washington — Opinion January 30, 2008 SCHOOL DISTRICTS — FOREST LAND — BONDS — Authority of school districtto transfer surplus state forest land revenue from the district’s debtservice fund to a school district capital projects fund. 1. RCW 79.64.110(3) allows a school district to transfer surplus stateforest land revenue […]

Mr. Gregory R. Dallaire, Chair Attorney General of Washington — Opinion May 12, 1999 NARDA PIERCE, Solicitor General Mr. Gregory R. Dallaire, Chair Commission on Judicial Conduct PO Box 1817 Olympia, WA 98507-1817 Dear Mr. Dallaire: You have asked our opinion on the following three questions regarding the ability of the Commission on Judicial Conduct […]

Honorable Brian Hatfield, Honorable Erik Poulsen, Honorable Mark Doumit, Honorable Helen Sommers, Honorable Aaron Reardon, Honorable Mary Lou Dickerson, Honorable Jeff Gombosky, Honorable Laura Ruderman, Honorable Ruth Fisher. Attorney General of Washington — Opinion November 19, 2001 LEGISLATURE — CONSTITUTION — EQUAL PROTECTION —Constitutionality of House of Representatives’ rule requiringconsent of both House co-speakers to […]

Honorable Ken Jacobsen Attorney General of Washington — Opinion April 17, 2006 CONSERVATION DISTRICTS — COUNTIES — BUDGET LAW — Extent ofcounty’s authority to alter budget and plan of assessmentssubmitted by conservation district. 1. A county has the authority to modify a conservationdistrict’s proposed system of assessments but lacks the authorityto modify the proposed budget […]

Honorable Tim Sheldon Attorney General of Washington — Opinion September 4, 2001 TAXATION — SALES AND USE TAX — COUNTIES — Authorized uses oflocal option sales and use tax authorized under RCW 82.14.370. 1. A county may use the local option sales and use tax authorizedunder RCW 82.14.370 for any of the following purposes if […]

Honorable Jay Rodne. Attorney General of Washington — Opinion September 6, 2007 INTERLOCAL COOPERATION ACT — LEOFF RETIREMENT SYSTEM — PUBLICEMPLOYEES’ RETIREMENT SYSTEM — FIRE FIGHTERS — CITIES AND TOWNS — FIREPROTECTION DISTRICTS — RETIREMENT — “Employer” status for retirementsystem purposes of nonprofit corporation formed by cities and fireprotection districts to carry out cooperative functions […]

Honorable Gregory L. Zempel Attorney General of Washington — Opinion September 21, 2009 WATER — WATER RIGHTS — WELLS — INTERLOCAL COOPERATIONACT — Inter-pretation of statutes exempting certain withdrawals ofgroundwater from permitting requirements, and authorizing theDepartment of Ecology to withdraw waters from appropriation 1. The statutory exemption from the permitting requirement foruse in watering lawns […]

WAGES — DEPARTMENT OF LABOR AND INDUSTRIES — PUBLIC EMPLOYEES — Application Of Wage Payment Act To Employees Of State And Local Governmental Agencies Attorney General of Washington — Opinion September 1, 2010 WAGES — DEPARTMENT OF LABOR ANDINDUSTRIES — PUBLIC EMPLOYEES — Application Of Wage Payment Act ToEmployees Of State And Local Governmental Agencies […]

Pam Roach Attorney General of Washington — Opinion October 4, 2005 GROWTH MANAGEMENT ACT — COUNTIES — CITIES AND TOWNS — Authority of growth management boards to remand cases. 1. The Growth Management Hearings Boards have no authority to remand a case back to a county or city for the purpose of amending their comprehensive […]

Wayne Ehlers Attorney General of Washington — Opinion September 25, 2006 LEGISLATIVE ETHICS BOARD — LEGISLATURE — CODE REVISER —Jurisdiction of Legislative Ethics Board over Code Reviseremployees for purposes of RCW 42.52. For purposes of the Ethics in Government Act, RCW 42.52, theCode Reviser’s Office is an agency of the legislative branch ofstate government, and […]

Honorable Nathan S. Ford Attorney General of Washington — Opinion May 17, 1996 CHRISTINE O. GREGOIRE, Attorney General JAMES K. PHARRIS, Senior Assistant Attorney General Honorable Nathan S. Ford Chairman Washington State Liquor Control Board P.O. Box 43075 Olympia, Washington 98504-0075 Dear Chairman Ford: By letter previously acknowledged, the board has requested our opinion on […]

Honorable Bill Finkbeiner Attorney General of Washington — Opinion March 7, 2005 PROPERTY — REAL ESTATE — COUNTIES — Authority of county to imposeprocedural requirements on recording of property boundary disputesresolved by agreement. 1. RCW 58.04.007 permits property owners to resolve uncertain ordisputed property boundaries when the boundary line cannot be ascertainedthrough a reference to […]

Honorable John Pennington Attorney General of Washington — Opinion May 20, 1997 CHRISTINE O. GREGOIRE, Attorney General ANNE E. EGELER, Assistant Attorney General Honorable John Pennington State Representative 18th Legislative District P.O. Box 40600 Olympia, Washington 98504-0600 Dear Representative Pennington: By letter previously acknowledged, you have requested our opinion on two questions which we paraphrase […]

Honorable Lynn Kessler, Honorable Timm Ormsby Attorney General of Washington — Opinion April 5, 2005 LIBRARY — FEES — FINES — Authority of public library to charge feesand/or assess fines for keeping loaned materials beyond due date. 1. A public library organized under RCW 27.12 may not charge “user fees”for public access to library materials. […]

Honorable Alex Deccio Attorney General of Washington — Opinion March 28, 2006 OPEN PUBLIC MEETINGS ACT — CITIES AND TOWNS — COUNTIES —Applicability of Open Public Meetings Act when a quorum of themembers of a governing body are present at a meeting not calledby that body. The presence of a quorum of the members of […]

Honorable Ralph Munro Attorney General of Washington — Opinion June 21, 1999 CHRISTINE O. GREGOIRE, Attorney General JAMES K. PHARRIS, Senior Assistant Attorney General Honorable Ralph Munro Secretary of State P.O. Box 40220 Olympia, WA 98504-0220 Dear Secretary Munro: By letter previously acknowledged, you have requested our opinion on the following three questions: 1. If […]

Neil Gorrell, Chair Attorney General of Washington — Opinion February 1, 2010 Page 1 GAMBLING — CHARITY — STATE EMPLOYEES — ETHICS INPUBLIC SERVICE ACT — Raffles Conducted By State Employees ForCharitable Or Benevolent Entity 1. RCW 9.46.0209 authorizes state employees to conductcharitable raffles, but such raffles may benefit a person or familyin need through […]

Honorable Michael J. Murphy Attorney General of Washington — Opinion March 30, 2006 PUBLIC STADIUM AUTHORITY — PUBLIC FUNDS — Extent of obligationof professional football team to provide a profit and lossstatement under RCW 36.102.060(8). RCW 36.102.060(8) does not require the master tenant leasebetween the public stadium authority and the team affiliate tocontain a provision […]

Honorable Lynn Schindler Attorney General of Washington — Opinion February 10, 2006 SCHOOL DISTRICTS — EDUCATION — COLLECTIVE BARGAINING — LABOR —Status of “independent professional educators’ associations” as”employee organization” for collective bargaining purposes. An “independent professional educators’ association” whichdefines itself as not engaging in bargaining on behalf ofeducational employees concerning wages, hours, or terms andconditions […]

Honorable Bob Morton Attorney General of Washington — Opinion July 12, 2001 ELECTIONS — CONSERVATION — CONSERVATION DISTRICTS — Effect ofchanging eligibility to vote in conservation district elections onwhen and how elections are conducted. 1. By removing property qualification as a condition to voting inconservation elections, in Laws of 1999, ch. 305, the Legislatureautomatically made […]

Honorable Bob Morton Attorney General of Washington — Opinion September 17, 2001 PUBLIC FUNDS — CONSERVATION — PUBLIC UTILITY DISTRICTS —Authority of Public Utility District to finance certain projectsfor the purpose of conserving electrical energy. 1. Article VIII, section 10 of the Washington Constitution and RCW54.16.280 do not authorize public utility districts to financeprojects that […]

Honorable Jeff Gombosky, Honorable Duane Sommers Attorney General of Washington — Opinion July 28, 2000 ELECTIONS — PUBLIC OFFICERS — CITIES AND TOWNS —CHARTERS — COUNTY AUDITOR — Holding special city election inconjunction with state general election in even-numbered year. Where a first-class city has amended its charter to create new officerpositions, and the charter […]

Honorable Andy Miller Attorney General of Washington — Opinion September 26, 1996 CHRISTINE O. GREGOIRE, Attorney General GREGORY J. TRAUTMAN, Assistant Attorney General Honorable Andy Miller Prosecuting Attorney Benton County 7320 West Quinault Kennewick, WA 99336-7693 Dear Mr. Miller: By letter previously acknowledged, you requested our opinion on the following paraphrased questions: 1. Does Benton […]

Honorable Jeremy Randolph Attorney General of Washington — Opinion September 5, 2000 CRIMES D JUVENILES D SEX OFFENDERS D COUNTIES D DEPARTMENT OF CORRECTIONSD Financial responsibility for treatment of first time sex offenders whoare charged before their eighteenth birthdays 1. When a person is charged with a sex crime before his or her eighteenthbirthday and […]

Honorable John Koster Attorney General of Washington — Opinion January 19, 2000 BOUNDARY REVIEW BOARDS — CITIES AND TOWNS — ANNEXATION — Authority of boundary review board to add additional territory to a proposal to annex territory to a city by the petition method. A boundary review board has authority, when reviewing a proposal to […]

Honorable Jim Honeyford Attorney General of Washington — Opinion May 16, 2005 DEPARTMENT OF AGRICULTURE — STATE BUDGET — Authority to chargeadministrative overhead to “local” agricultural funds. The Department of Agriculture may use funds from the fruit and vegetableaccount, created by RCW 15.17.240, to pay for the Department’sadministrative overhead expenses incurred in the implementation andenforcement […]

Jeff Hall Attorney General of Washington — Opinion February 5, 2010 COURTS, SUPERIOR — COUNTIES — LEGISLATURE — Authority of CountyLegislative Authority To Eliminate A Superior Court Position UponOccurrence of A Vacancy The state constitution vests authority in the legislature todirect the number of judges of the superior court. A countylegislative authority wishing to reduce […]

Honorable Bob Morton Attorney General of Washington — Opinion October 13, 2008 CITIES AND TOWNS — FIREARMS — PREEMPTION — Authority of city to enact a local law prohibiting possession of firearms on city property or in city-owned facilities. RCW 9.41.290 preempts a city’s authority to enact local laws thatprohibit possession of firearms on city […]

Honorable Arthur D. Curtis Attorney General of Washington — Opinion July 9, 2002 FIREARMS — CRIMES — When convicted persons are entitled torestoration of firearm possession rights 1. RCW 9.41.040 defines the circumstances under which a personconvicted of a misdemeanor might lose the right to possess afirearm and the circumstances in which such a right […]

Mr. Eldon Vail Attorney General of Washington — Opinion November 16, 2009 LAW ENFORCEMENT OFFICERS — LAW ENFORCEMENTAGENCIES — FIREARMS — DEPARTMENT OFCORRECTIONS — Authority Of Limited Authority Washington PeaceOfficers Employed By The Department Of Corrections To CarryConcealed Pistols While Off Duty 1. Community corrections officers, corrections officers, andother Department of Corrections employees who qualify […]

Honorable Steve E. Kolodney Attorney General of Washington — Opinion October 7, 1997 CHRISTINE O. GREGOIRE, Attorney General JAMES K. PHARRIS, Sr. Assistant Attorney General Honorable Steve E. Kolodney Director, Department of Information Services P.O. Box 42445 Olympia, Washington 98504-2445 Dear Director Kolodney: By letter earlier acknowledged you have asked for an opinion on two […]

Honorable Mary Margaret Haugen Attorney General of Washington — Opinion October 17, 1997 CHRISTINE O. GREGOIRE, Attorney General ANNE E. EGELER, Assistant Attorney General Honorable Mary Margaret Haugen State Senator, District 10 435 John A. Cherberg Building PO Box 40482 Olympia, Washington 98504-0482 Dear Senator Haugen: By letter previously acknowledged, you requested our opinion on […]

Jeff Hall Attorney General of Washington — Opinion August 31, 2011 TRAFFICINFRACTIONS — SCHOOL PROPERTY — FINES — Application OfStatute Doubling Monetary Penalty For Speeding In A School OrPlayground Speed Zone RCW 46.61.440(3), which requires doubling the monetarypenalties in a school or play-ground speed zone, applies toinfractions committed in violation of both RCW 46.61.440(1) andRCW […]

Representative Ruth Kagi Attorney General of Washington — Opinion August 27, 2009 Page 1 SEWER DISTRICTS — PUBLIC FUNDS — GIFT OFPUBLIC FUNDS — GIFTS — LOANS — Use of public funds torepair or replace side sewers. Municipal sewer districts have statutory authority to usepublic funds to repair or replace side sewers located on privateproperty […]

Honorable Janice E. Ellis Attorney General of Washington — Opinion December 23, 2003 COUNTIES — PROSECUTING ATTORNEY — CAMPAIGN FINANCING —PUBLIC DISCLOSURE LAW — STATE OFFICERS — Applicability ofstate and local campaign finance limitations to prosecuting attorney andcandidates for that office. 1. The specific campaign finance limitations set forth in RCW 42.17 donot apply to […]

Honorable Bill Hinkle Attorney General of Washington — Opinion January 8, 2007 AIR POLLUTION CONTROL AUTHORITIES — AIR POLLUTION — CITIES AND TOWNS— Whether cities and towns lying within an Indian reservation aresubject to assessment for expenses of an air pollution controlauthority. Where an air pollution control authority is coterminous with a county,and portions of […]

Honorable Michael Baumgartner Attorney General of Washington — Opinion September 7, 2011 COUNTIES — CITIES — DISTRICTS — INTERLOCALCOOPERATION ACT — BIDS — Requirement That Local AgenciesComply With Procurement Procedures For Architectural And EngineeringServices Cities, counties, and special districts cannot contract directlywith another agency for architectural and engineering serviceswithout first complying with the procurement procedures […]

James R. Ellis Attorney General of Washington — Opinion December 6, 1996 CHRISTINE O. GREGOIRE, Attorney General JAMES K. PHARRIS, Senior Assistant Attorney General James R. Ellis Chairman, Board of Directors Washington State Convention Trade Center 701 Fifth Avenue #5000 Seattle, Washington 98104-7078 Dear Chairman Ellis: By letter previously acknowledged, you have requested our opinion […]

Larry Williams Attorney General of Washington — Opinion March 5, 2009 STATE AGENCIES — STATUTORY AUTHORITY — EMPLOYEES-Authority of PublicWorks Board over staff assigned to it by the Department of Community,Trade, and Economic Development. The Public Works Board lacks the statutory authority to hire,supervise, evaluate, transfer, and fire staff assigned to it by theDepartment of […]

Honorable Brian Sonntag Attorney General of Washington — Opinion January 17, 2001 CITIES AND TOWNS — UTILITIES — Authority of cities and townsto shift costs of street lighting from the general government to utilitycustomers. Cities and towns lack the authority to operate their street lighting as autility or to impose a charge on the city’s […]

Honorable Ralph Munro Attorney General of Washington — Opinion March 13, 1997 CHRISTINE O. GREGOIRE, Attorney General ANNE E. EGELER, Assistant Attorney General Honorable Ralph Munro Secretary of State P.O. Box 40232 Olympia, WA 98504-0232 Dear Secretary Munro: By letter previously acknowledged, you have asked whether diet information forms sent by members of the public […]

Honorable Mary Margaret Haugen Attorney General of Washington — Opinion July 21, 2003 ACTIVE SERVICE — ELECTED OFFICIALS — LEAVE OF ABSENCE— MILITARY — OFFICERS AND EMPLOYEES — PUBLIC OFFICERS— Application of military leave statute to elected officials. RCW 38.40.060, which provides fifteen days of military leave for stateofficers and employees who are subject to […]

Sue Byington, Chair Attorney General of Washington — Opinion March 3, 2003 WASHINGTON CITIZENS’ COMMISSION ON SALARY FOR ELECTED OFFICIALS —SALARIES AND WAGES — PUBLIC OFFICERS — Authority of Citizens’Commission to consider economic and budget issues in setting electedofficials’ salaries. The Citizens’ Commission on Salary for Elected Officials may considersuch factors as the state of […]

Honorable Barbara Bailey Attorney General of Washington — Opinion November 30, 2010 OPEN PUBLIC MEETINGS ACT — Meetings Of Committee Attended By OtherMembers Of Governing Body The Open Public Meetings Act requires that notice be properly givenof a meeting of the governing body. This requirement is not satisfied bynotice given for a meeting of a […]

Honorable Geoff Simpson Attorney General of Washington — Opinion. January 12, 2006 MUNICIPAL CORPORATIONS — DISTRICTS — ELECTIONS — Authority ofgoverning boards of special purpose districts to pass resolutionsendorsing or opposing ballot propositions. The governing bodies of special purpose districts lackauthority to adopt motions or resolutions supporting or opposingballot propositions. The Legislature has not granted […]

Honorable Karen Fraser Attorney General of Washington — Opinion February 2, 2006 LODGING TAX — CITIES AND TOWNS — COUNTIES — TOURISM — PUBLICFUNDS — Authority of municipality to allocate lodging taxrevenues to facilities in which the municipality has no ownershipinterest. 1. A municipality lacks authority to allocate lodging taxrevenue to operate a tourism-related facility […]

Honorable Judy Schurke Attorney General of Washington — Opinion September 15, 2010 MINIMUM WAGE — Annual Adjustment Of Minimum Wage Following DecreaseIn Cost Of Living Initiative 688 requires the Department of Labor and Industries to holdthe minimum wage steady in years following a decline in the cost ofliving, until the cost of living returns to […]

Honorable Jeff Morris Attorney General of Washington — Opinion December 15, 2003 COUNTIES — CITIES AND TOWNS — TELECOMMUNICATIONS —Authority of cities, towns, and counties to provide telecommunicationsservices. Those counties and cities that have “home rule” powers (that is, chartercounties, first class cities, and cities operating under the OptionalMunicipal Code) have authority to provide telecommunications […]

Honorable Pam Roach Attorney General of Washington — Opinion January 6, 2010 LAW ENFORCEMENT — LAW ENFORCEMENT AGENCIES — Use Of AssetForfeiture Funds For Accreditation And ReaccreditationOf Law Enforcement Agencies Law enforcement agencies can use the net proceeds of assetforfeitures under RCW 10.105.010 for accreditation, reaccreditation,and necessary associated training which serves toimprove law enforcement activity, […]

Honorable Jeff Morris Attorney General of Washington — Opinion April 23, 2001 PUBLIC UTILITY DISTRICTS — PORT DISTRICTS — MUNICIPALCORPORATIONS — TELECOMMUNICATIONS — Authority of public utilitydistricts and rural port districts to provide telecommunicationsservices and facilities to others. 1. Public utility districts and port districts lack authority tosell “excess capacity” telecommunications services to “end users”. […]