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AGO 1954 No. 223 - March 18, 1954
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Don Eastvold | 1953-1956 | Attorney General of Washington

STATE TAX COMMISSION ‑- SCHOOL DISTRICT BUDGETS ‑- APPOINTMENT OF CITIZEN MEMBERS OF COUNTY REVIEWING COMMITTEES.

Citizen members of county reviewing committees hold office at the pleasure of the State Tax Commission.  The Tax Commission is authorized to adopt procedures which will facilitate the confirmation of such appointments.

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                                                                  March 18, 1954

Honorable E. C. Huntley
Chairman
State Tax Commission
Insurance Building
Olympia, Washington                                                                                           Cite as:  AGO 53-55 No. 223

Dear Sir:

            We have your letter of March 5, 1954, concerning the citizen members of the school budget reviewing committee in each county.  You indicate that it would facilitate the commission's compliance with its statutory duty to make these appointments if a new procedure were followed.  You propose to make appointments for an indefinite term from a list provided by the several county school superintendents.  You desire to shift the responsibility of being advised of vacancies on these committees to the committee members themselves.  You request our opinion as to the validity of such procedure.

            In our opinion such procedure is authorized.

                                                                     ANALYSIS

            Annual budgets for second and third class school districts are governed by RCW 28.63.100-28.63.170.  Each school district's preliminary budget is subject to review by a county committee consisting of the county superintendent of schools, a member of the local board of directors, and three citizens whose qualifications are set out by statute.  RCW 28.63.120.  RCW 28.63.130 provides:

             [[Orig. Op. Page 2]]

            "The state tax commission shall appoint the three citizen members in each county.  They shall serve without compensation."

            There is no statute which limits or defines the tenure of these citizen members of the county committees.  The general rule is that persons appointed for an indefinite term hold office at the pleasure of the appointing power.  42 Am.Jur. Public Officers, § 183.

            Accordingly we advise that we find no legal impediment to the procedure you have proposed.

Very truly yours,

DON EASTVOLD
Attorney General

ANDY ENGEBRETSEN
Assistant Attorney General

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