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April 9, 1970
Honorable Thomas L. Copeland
Speaker, House of Representatives
Walla Walla, Washington 99362
Cite as: AGLO 1970 No. 57
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.
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 However, the particular section of the 1967 act which established this procedure was repealed by § 16 (1) of chapter 261, Laws of 1969, Ex.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