AGO Opinions

AGO 2007 No. 999

Mon, 05 Mar 2007 08:00:00 GMT

AGO 2007 No. 2

Mon, 08 Jan 2007 08:00:00 GMT

Where an air pollution control authority is coterminous with a county, and portions of the county are within an Indian reservation, and the EPA directly sets air quality standards within the reservation pursuant to federal law, cities and towns lying within the reservation are still fully subject to property taxation and statutory assessments for the expenses of the air pollution control authority.

AGO 2007 No. 1

Thu, 04 Jan 2007 08:00:00 GMT

1. The Department of Fish and Wildlife may not require hydraulic project approval permits under RCW 77.55.021 to regulate planting, growing, or harvesting of farm-raised geoduck clams by private parties. 2. The planting, growing, and harvesting of farm-raised geoduck clams would require a substantial development permit under the Shoreline Management Act if a specific project or practice causes substantial interference with normal public use of the surface waters, but not otherwise. 3. Where a geoduck clam culture project would require a substantial development permit, the local government and the Department of Ecology would have a variety of enforcement options available; in some cases, conditional use permits might also be used to regulate this practice.

AGO 2006 No. 177

Tue, 21 Nov 2006 08:00:00 GMT

The offices of state representative and public utility district commissioner are not incompatible.

AGO 2006 No. 169

Wed, 20 Dec 2006 08:00:00 GMT

Counties may not grant permission to owners of land abutting county roads to construct sidewalks and curbs on county road right of ways.

AGO 2006 No. 161

Tue, 05 Sep 2006 07:00:00 GMT

The board of county commissioners of a county in which part of a joint school district is located may not expend federal forest funds for improvement or addition to school buildings situated in another county, where the joint district belongs to such other county under RCW 28.57.250.

AGO 2006 No. 77

Thu, 14 Dec 2006 08:00:00 GMT

Under § 1, chapter 162, Laws of 1965, Ex. Sess., the legislature has vested the state superintendent of public instruction with the discretionary authority to accelerate, upon petition of a school district, the distribution to it of appropriated state funds not to exceed five percent of the total amount to become due and apportionable to the petitioning district during its fiscal year, if he finds: (1) The emergency situation described in the petition of the district warrants such an advance distribution; and (2) funds are available with which to make the advance distribution.

AGO 2006 No. 19

Tue, 21 Nov 2006 08:00:00 GMT

An increase in salary generally payable to all current firefighters, such as additional payment to all firefighters for qualifying as Emergency Medical Technicians (EMTs), is “basic salary” for purposes of calculating the pensions of firefighters retired under RCW 41.18; by contrast, employer contributions to a deferred compensation plan would not meet the “basic salary” definition of the same statute.

AGO 2006 No. 18

Mon, 09 Oct 2006 07:00:00 GMT

1. If a city has chosen not to impose the optional sales and use tax authorized by RCW 82.14.030(2), and the county in which the city is located has chosen to impose the same tax, the revenue from the tax would go to the county.2. If a city chooses to impose a local real estate excise tax authorized by RCW 82.46.010 in lieu of the optional sales and use tax authorized by RCW 82.14.030(2), the city may not arrange for the county to continue to pay the city a portion of the revenue from the optional sales and use tax, unless the city and county have entered into a local service agreement under RCW 36.115.

AGO 2006 No. 17

Mon, 25 Sep 2006 07:00:00 GMT

1. In reviewing a water conservancy board record of decision concerning a water right transfer application, the Department of Ecology is not limited to reviewing the record established by the water conservancy board but may base its decision upon an independent factual investigation. 2. In reviewing a water conservancy board record of decision concerning a water right transfer application, the Department of Ecology is not required to: 1) defer to the water conservancy board’s findings of fact, or 2) defer to the board’s interpretation of the law. 3. A water conservancy board, in making a decision concerning a water right transfer application, is not legally required to follow policies or guidelines of the Department of Ecology which have not been adopted as statutes or administrative rules; however, the Department of Ecology may refer to and follow its own policies or guidelines in reviewing the local board’s decision.

AGO 2006 No. 16

Mon, 25 Sep 2006 07:00:00 GMT

For purposes of the Ethics in Government Act, RCW 42.52, the Code Reviser’s Office is an agency of the legislative branch of state government, and the Code Reviser’s employees are subject to the jurisdiction of the Legislative Ethics Board.

AGO 2006 No. 15

Thu, 06 Jul 2006 07:00:00 GMT

1. Corrections officers may carry concealed pistols without obtaining a concealed weapon permit if they meet the statutory definition of a law enforcement officer and are authorized by the Department of Corrections to carry a concealed weapon. 2. Under RCW 10.93.020(4), corrections officers are limited authority Washington peace officers if they meet the requirements set forth in that statute. 3. Corrections officers who meet the definition of “limited authority Washington peace officers” under RCW 10.93.020(4) are “law enforcement officers” for the purposes of RCW 9.41, but not necessarily for other purposes.

AGO 2006 No. 14

Mon, 19 Jun 2006 07:00:00 GMT

1. State employees may exercise their right of nonassociation with a labor union under RCW 41.80.100(2) based upon strongly held private religious objections to union membership, even if the objections are not based on the teachings of an established church or religious body. If there is a dispute between an employee and a union concerning the exercise of the right of nonassociation under RCW 41.80.100(2), the matter is resolved by the Public Employment Relations Commission. 3.State employees are not required to use a payroll deduction system to pay the union fees and dues set forth in RCW 41.80.100, but they may pay separately by personal check or other method so long as they make timely payments in the correct amount.

AGO 2006 No. 13

Wed, 31 May 2006 07:00:00 GMT

1. RCW 29A.72.110-.130, as amended by Laws of 2005, ch. 239, requires each initiative or referendum petition to contain a printed “declaration” concerning signature gathering and the penalties for forged and false signatures, but does not require that such a declaration actually be signed or provide any legal consequences for failure to sign or for signing a false declaration. 2. If an initiative or referendum petition fails to contain the printed “declaration” required by RCW 29A.72.110–.130 as amended by Laws of 2005, ch. 239, the secretary of state may refuse to file the petition or accept the signatures on such a petition, under RCW 29A.72.170.

AGO 2006 No. 12

Tue, 30 May 2006 07:00:00 GMT

1. RCW 82.46.075 authorizes a county to impose certain sales and use taxes for the purpose of providing affordable housing for persons of low and moderate income; it does not violate the constitutional provisions against gifts and lending of credit to provide housing assistance to persons or households whose incomes could reasonably be described as “low” or “moderate.” 2. RCW 82.46.075 authorizes a county to develop criteria for eligibility for housing programs funded through the sales tax authorized by the statute; the statute is broad enough to permit a county to provide a preference to public employees if the county can show that such a preference will further the statutory purpose of the program.