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AGO Opinion Archives 2010-2014
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AGO 2014 No. 1 >  January 13, 2014
VACANCY - CONSTITUTION - COUNTIES - ATTORNEY, PROSECUTING - COUNTY COMMISSIONER - POLITICAL PARTIES
Process For Appointing A New County Prosecuting Attorney To Fill A Vacancy

 

  1. If the county commission appoints a person to fill a vacancy in the office of county prosecuting attorney within 60 days of the vacancy occuring, but the appointee declines to accept the position, the authority to fill the vacancy does not transfer to the governor 60 days after the initial vacancy arose.
  2. If an individual appointed by a county commission to fill a vacancy in the office of county prosecuting attorney declines to accept the position, the county commission may request that the relevant political party provide a new list of three nominees.
  3. The county commission lacks the authority to appoint a person who has not been nominated by the relevant political party to fill a vacancy in the office of county prosecuting attorney.
  4. If the county commission appoints an individual who has not been nominated by the relevant political party to fill a vacancy in the office of county prosecuting attorney, that individual lacks the legal authority to act as prosecuting attorney.
AGO 2014 No. 2 >  January 16, 2014
STATUTES - INITIATIVE AND REFERENDUM - ORDINANCES - COUNTIES - CITIES AND TOWNS - PREEMPTION - POLICE POWERS
Whether Statewide Initiative Establishing System For Licensing Marijuana Producers, Processors, And Retailers Preempts Local Ordinances

 

  1. Initiative 502, which establishes a licensing and regulatory system for marijuana producers, processors, and retailers, does not preempt counties, cities, and towns from banning such businesses within their jurisdictions.
  2. Local ordinances that do not expressly ban state-licensed marijuana licensees from operating within the jurisdiction but make such operation impractical are valid if they properly exercise the local jurisdiction’s police power.
AGO 2014 No. 3 >  February 5, 2014
TORT LIABILITY - EMERGENCIES - VOLUNTEERS - EMPLOYERS AND EMPLOYEES
Immunity From Liability For Acts Of Covered Volunteer Emergency Workers
 
An organization that sponsors a team of its members to act as covered volunteer emergency workers is immune from liability under RCW 38.52.180(3)(d) or (f) only if the organization is the employer of the covered volunteer emergency workers or is a local organization (created by a county, city, or town) that registered the covered volunteer emergency workers.  
AGO 2014 No. 4 >  March 28, 2014
FEES - TOLLS - FERRIES - INITIATIVE AND REFERENDUM - LEGISLATURE - AMENDMENTS - STATUTORY AUTHORITY
Whether RCW 43.135.055(1) Supersedes The Delegation Of Authority To The Transportation Commission To Set Toll Rates And Ferry Fares

RCW 43.135.055(1), as most recently amended by Initiative 1185 and previously by Initiatives 960 and 1053, does not amend or repeal approval the legislature has granted in other statutes for the imposition or increase of fees, and makes no distinction as to when legislative approval must take place.
AGO 2014 No. 5 >  May 28, 2014
COLLECTIVE BARGAINING - BENEFITS - HEALTH INSURANCE - RETIREMENT
Whether Supplemental Retirement Benefits Or Retiree Health And Welfare Benefits For State Employees Are Mandatory, Permissive, Or Illegal Subjects For Co...

 

RCW 41.80.040(5) prohibits the State, as an employer, from engaging in collective bargaining regarding supplemental retirement benefits for state employees independent of state-controlled retirement plans.  It also prohibits engaging in collective bargaining regarding retiree health and welfare benefits.

AGO 2014 No. 6 >  June 2, 2014
FIREARMS - CRIMES
Whether A Criminal Conviction In A Foreign Country Disqualifies An Applicant From Obtaining A Concealed Pistol License

 

  1.  An individual who has been convicted in a foreign country of a crime that is comparable to a felony under Washington law is prohibited from possessing a firearm in Washington and, accordingly, is ineligible for a concealed pistol license.
  2. An issuing authority is prohibited from issuing a concealed pistol license to any applicant with a foreign conviction comparable to a Washington felony.

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