VACANCY - CONSTITUTION - COUNTIES - ATTORNEY, PROSECUTING - COUNTY COMMISSIONER - POLITICAL PARTIES
Process For Appointing A New County Prosecuting Attorney To Fill A Vacancy
- 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.
- 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.
- 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.
- 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.
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
- 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.
- 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.
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
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.
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.
FIREARMS - CRIMES
Whether A Criminal Conviction In A Foreign Country Disqualifies An Applicant From Obtaining A Concealed Pistol License
- 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.
issuing authority is prohibited from issuing a concealed pistol license
to any applicant with a foreign conviction comparable to a Washington
COUNTIES - COUNTY COMMISSIONER - LEGISLATIVE AUTHORITY - PUBLIC MEETINGS
Whether A County Legislative Authority Can Meet Outside The County To Hold A Joint Meeting With Another County’s Legislative Authority
A county legislative authority may not meet outside of its county in
order to hold a joint meeting with the legislative authority of another
county unless a specific exception applies, but the legislative
authorities may conduct joint meetings using video conferencing.
LAW ENFORCEMENT - PRIVACY - RECORDING CONVERSATIONS
Video And Audio Recording Of Communications Between Citizens And Law Enforcement Officers Using Body Cameras Attached To Police Uniforms
- The Washington Privacy Act, RCW 9.73, does not require the
consent of a law enforcement officer to use body cameras attached to
police uniforms. A local collective bargaining agreement, however, might
limit or prohibit such use.
- Conversations between law enforcement officers and members of the
public are not generally considered private for purposes of the Privacy
- As a general matter, the Privacy Act does not require a law
enforcement officer to cease recording a conversation at the request of a
citizen, because such conversations are not private to begin with.
- In order to use a recording as evidence in a criminal or civil
case, the recording would be subject to the same laws and rules
governing all evidence, including the requirement that the chain of
custody be established to prove no tampering has occurred. Laws relating
to the retention and disclosure of public records, including records
retention schedules, would govern retention and disclosure of
- RCW 9.73.090 does not limit the use of body cameras to the use of such cameras in conjunction with vehicle-mounted cameras.