TAXATION - PROPERTY - REAL ESTATE EXCISE TAX - CITIES AND TOWNS - COUNTIES
Effect on city and county if city chooses not to impose the optional sales and use tax authorized by RCW 82.14.030(2). 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.
COUNTIES - PUBLIC FUNDS - GIFTS
Authority of county to use sales tax revenue to provide housing for persons of low and moderate income 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.
LODGING TAX - CITIES AND TOWNS - COUNTIES - TOURISM - PUBLIC FUNDS
Authority of municipality to allocate lodging tax revenues to facilities in which the municipality has no ownership interest 1. A municipality lacks authority to allocate lodging tax revenue to operate a tourism-related facility in which the municipality has no ownership interest. 2. A municipality may not spend lodging tax revenue on operating expenses of special events and festivals designed to attract tourists where such events and festivals are operated by non-governmental entities. 3. A municipality may not provide advance payment to private organizations for tourism promotion; payment must occur after the services have been performed.
CITIES AND TOWNS - COUNTIES - INTERLOCAL COOPERATION ACT
Including cost of tort liability in city/county agreement concerning allocation of criminal investigation and prosecution costs 1. When negotiating an agreement under RCW 39.34.180(2) for the allocation of the costs of conducting criminal investigations and prosecutions, a city and a county may include, as a “cost of services”, costs related to anticipated tort liability resulting from the agreement. 2. When negotiating an agreement under RCW 39.34.180(2), a city and a county may lawfully include a provision (if they so choose) in which the city agrees to hold the county harmless for tort liability arising out of the agreement.
CONSERVATION DISTRICTS - COUNTIES - BUDGET LAW
Extent of county’s authority to alter budget and plan of assessments submitted by conservation district 1. A county has the authority to modify a conservation district’s proposed system of assessments but lacks the authority to modify the proposed budget or plan of expenditure. 2. If a county modifies the conservation district’s proposed system of assessments, the district is bound to follow the system as modified by the county but may propose a different system the following year. 3. A conservation district may withdraw or modify its proposed budget and system of assessments after they have been submitted to the county, but any re-submittal must occur within the time deadlines and statutory requirements that are applicable. 4. Conservation district special assessments are statutorily earmarked for use by the district and are not available for use by the county for other purposes (RCW 89.08.400).
OPEN PUBLIC MEETINGS ACT - CITIES AND TOWNS - COUNTIES
Applicability of Open Public Meetings Act when a quorum of the members of a governing body are present at a meeting not called by that body The presence of a quorum of the members of a city or county council at a meeting not called by the council does not, in itself, make the meeting a “public meeting” for purposes of the Open Public Meetings Act (RCW 42.30); the Open Public Meetings Act would apply if the council members took any “action” (as defined in RCW 42.30) at the meeting, such as voting, deliberating together, or using the meeting as a source of public testimony for council action.
SHORELINE MANAGEMENT ACT - GROWTH MANAGEMENT ACT - COUNTIES - CITIES
Extent to which shorelines should be designated as critical areas for purposes of the Growth Management Act 1. When a local jurisdiction designates critical areas under the Growth Management Act (RCW 36.70A), it is not obligated to include, as designated critical areas, shorelines of statewide significance or other shorelines within the jurisdiction; however, the jurisdiction should designate those shorelines within the area, or portions of them, and meet the statutory criteria for designation (RCW 36.70A.030(5)). 2. If a local jurisdiction determines that some of the shorelines within its area should be designated as critical areas under the Growth Management Act (RCW 36.70A), that determination is subject to administrative and judicial review as provided in statute.
INDIANS - COUNTIES - ZONING ORDINANCE - FEE PATENT LAND
INDIANS - COUNTIES - ZONING ORDINANCE - FEE PATENT LAND A county has the authority to enact a zoning ordinance to govern "fee patent land" located within the exterior boundaries of an Indian reservation in the state of Washington.
COUNTIES - HIGHWAYS AND ROADS - MOTOR VEHICLES - LICENSING
Authority to operate off-road vehicles on public highways and roads 1. A properly tagged off-road vehicle (ORV) is not permitted to be operated along a public highway. 2. A county, city, or public subdivision of the state lacks authority to permit off-road vehicles (ORVs) to be operated within its boundaries, except on roads which meet the statutory definition of “nonhighway roads” in RCW 46.09.020(7).
COUNTIES - SUPERVISOR OF COMMUNITY MENTAL HEALTH SERVICES - REMOVAL BY COUNTY COMMISSIONERS
COUNTIES - SUPERVISOR OF COMMUNITY MENTAL HEALTH SERVICES - REMOVAL BY COUNTY COMMISSIONERS The supervisor of community mental health services for a county may be removed from office by the county commissioners without the concurrence or approval of the county's community mental health program administrative board.
COUNTIES - ROADS - LIMITATIONS ON VACATION
COUNTIES - ROADS - LIMITATIONS ON VACATION (1) Section 7, chapter 185, Laws of 1969, Ex. Sess. (RCW 36.87.130) limiting the power of a county to vacate a county road which abuts on a body of salt or fresh water, applies to a county road, a lateral edge of which touches or encroaches upon a body of salt or fresh water, as well as to one whose terminal end touches upon such a body of water.(2) A county road abuts on a body of salt or fresh water if it touches or encroaches upon the line of ordinary high tide or high water as marked by the line of vegetation.
COUNTIES - ZONING LAWS - PLANNING COMMISSIONS
COUNTIES ‑- ZONING LAWS ‑- PLANNING COMMISSIONS Under the provisions of the planning enabling act (chapter 36.70 RCW), a board of county commissioners may not amend a zoning ordinance pursuant to an application for rezoning in a manner contrary to the recommendation of the planning commission, without a public hearing.
PUBLIC FACILITIES DISTRICTS - CITIES AND TOWNS - COUNTIES - TAXATION
Authority of public facilities district to begin one project and later switch funding to other projects A public facilities district created under RCW 35.57 may allocate properly collected sales and use tax revenues to one or more regional centers as the public facilities district determines appropriate, to the extent consistent with applicable interlocal agreements.
PUBLIC FACILITIES DISTRICTS - CITIES AND TOWNS - COUNTIES - SALES AND USE TAX
Extent of authority of cities which have individually formed public facilities districts to also form a joint public facilities district with additional taxing authority. A group of cities which have formed individual public facilities districts levying sales and use taxes under RCW 82.14 may not also form a joint public facilities district with authority to levy additional taxes.
GROWTH MANAGEMENT ACT - COUNTIES - CITIES AND TOWNS
Authority of growth management boards to remand cases 1. The Growth Management Hearings Boards have no authority to remand a case back to a county or city for the purpose of amending their comprehensive plans or development regulations, except where the board has found the plan or regulations to be out of compliance with the Growth Management Act. 2. WAC 242-02-720 is consistent with the statutory authority granted to the Growth Management Hearings Boards.
COUNTIES - PLATS AND SUBDIVISIONS - LEASING OF LAND FOR MOBILE HOMES
COUNTIES ‑- PLATS AND SUBDIVISIONS ‑- LEASING OF LAND FOR MOBILE HOMES (1) The provisions of chapter 58.17 RCW, relating to plats and subdivisions, are applicable to mobile home parks where the ownership of an entire parcel remains in the developer or operator of the park, but the parcel is divided into five or more lots or sites for the purpose of renting the same to mobile home owners on a month-to-month basis. (2) The provisions of chapter 58.17 RCW, relating to plats and subdivisions, are also applicable where a developer or operator retains ownership of an entire parcel of land, but divides the same into five or more lots or sites for the purpose of renting the same on a nightly or weekly basis to the owners of campers, trailers, and such other mobile recreational and camping vehicles.
COUNTIES - CITIES AND TOWNS - PLATTING AND SUBDIVISION
RESUBDIVISION OF LOT WITHIN EXISTING SUBDIVISION Where, within an existing land subdivision established pursuant to either chapter 58.16 or 58.17 RCW, the owner of an individual lot proposes to divide that lot into four or fewer smaller lots for the purpose of sale or lease, such action will not constitute the establishment of a "short subdivision" as defined in RCW 58.17.020(6) and, thereby, be subject to the city or county's short subdivision ordinance as enacted pursuant to RCW 58.17.060; instead, such action will constitute a "resubdivision" and thus be subject to the general provisions of chapter 58.17 RCW relating to subdivisions.
COUNTIES - HOME RULE CHARTER - TAXATION
AUTHORITY OF A 'HOME RULE' CHARTER COUNTY TO IMPOSE A COUNTY-WIDE BUSINESS AND OCCUPATION TAX A county, including a county which has adopted a "home rule" charter under Article XI, § 4 (Amendment 21) of the Washington Constitution, does not have the authority, in the absence of some form of statutory authorization by the state legislature, to impose a county-wide business and occupation tax.
COUNTIES - CITIES AND TOWNS - JAILS
Financial responsibility for costs of medical care provided to arrestees after detainment but before booking into jail The costs of providing medical care to a person arrested on a criminal charge but not yet booked or admitted to the jail fall (1) on the department of social and health services if some payment under RCW 74.09 is available; or (2) on the arrestee personally, to the extent there are resources available; or (3) on whichever unit of government has agreed to assume these costs through an interlocal agreement; or (4) if there is no interlocal agreement, on the unit of government whose law enforcement officers initiated the charges.
SHERIFF - LAW ENFORCEMENT - CITIES AND TOWNS - CONTRACTS - INTERLOCAL COOPERATION ACT - COUNTIES
SHERIFF ‑- LAW ENFORCEMENT ‑- CITIES AND TOWNS ‑- CONTRACTS ‑- INTERLOCAL COOPERATION ACT ‑- COUNTIES 1. The county sheriff's duty to enforce state law applies equally in incorporated and unincorporated areas of the county. 2. If a city is unable to provide for adequate police protection, the county sheriff must take this factor into account in allocating the resources of the sheriff's office. However, the statutes do not obligate the sheriff to provide a city with a specific number of police officers or a specific level of police services. 3. If a city wants to obtain a specific number of county police officers or level of police services, the Interlocal Cooperation Act empowers the city to contract with the county to provide those services.
COUNTIES - TRANSPORTATION - BUSSES - COMMON CARRIERS
RELATIONSHIP BETWEEN COUNTY PUBLIC TRANSPORTATION AUTHORITY AND PREEXISTING PRIVATE CARRIER (1) A county public transportation authority organized under chapter 36.57 RCW may not extend its operations to routes already served by a private carrier holding a certificate of public convenience and necessity under RCW 81.68.040 without either acquiring the affected operating authority and equipment of the private carrier or entering into a contract with that carrier for provision of all or part of such service.(2) A county public transportation authority organized under chapter 36.57 RCW, when extending its operations to routes already served by a private carrier holding a certificate of public convenience and necessity under RCW 81.68.040, may perform part of such service itself and contract with the private carrier to continue to operate part of the service.
COUNTY COMMISSIONERS - COUNTIES - OFFICES AND OFFICERS - DISTRICTS - ELECTIONS
COUNTY COMMISSIONERS ‑- COUNTIES ‑- OFFICES AND OFFICERS ‑- DISTRICTS ‑- ELECTIONS 1. In Board of Estimate v. Morris the United States Supreme Court struck down a voting system in which borough presidents, who were voting members of the Board of Estimates, were elected by the voters of each borough and the boroughs varied greatly in population. 2. In San Juan County commissioners reside in commissioner districts that vary in population, however, the primary and general elections are conducted among voters of the county at large, not merely among the voters of the commissioner district. The United States Supreme Court has approved such at large voting systems, even where the candidates were required to reside in districts that varied in population. Board of Estimate v. Morris does not cast doubt on the validity of these decision. 3. The United States Supreme Court has struck down at large voting systems on grounds that they impermissible diluted the electoral strength of racial or other political minorities in the at large district. This is a factual question. At present we are unaware of any facts tending to show this to be the case in San Juan County.
LICENSES - BOARD OF REGISTRATION FOR ARCHITECTS - ARCHITECT - ENGINEERS - BUILDINGS - CITIES AND TOWNS - COUNTIES
LICENSES ‑- BOARD OF REGISTRATION FOR ARCHITECTS ‑- ARCHITECT ‑- ENGINEERS ‑- BUILDINGS ‑- CITIES AND TOWNS ‑- COUNTIES 1. A registered architect or professional engineer must sign and stamp or seal each individual page containing a building construction drawing, or revision thereto, prepared or reviewed by him or her and submitted or permitted to be submitted in support of an application for a building permit, unless the activities are exempt from the requirement that drawings be signed and stamped or sealed by reason of RCW 18.08.410 or 18.43.130(1)-(7), (9). 2. In the absence of one of the exemptions in RCW 18.08.410, a person who is not a registered professional architect or professional engineer violates RCW 18.08.310 by preparing a design or construction drawing for a building and submitting that design, or permitting that design or drawing to be submitted, in support of a building application. 3. Under RCW 18.08.460(1) a local building official may accept a request for a building permit and issue the permit based on a design or construction drawing that does not bear the signature and stamp or seal of a registered architect or registered professional engineer, even if the activities are subject to the requirement that drawings be signed and stamped or sealed.
COUNTIES - CITIES AND TOWNS - JAILS - PRISONERS
COSTS OF HOUSING PRISONERS IN COUNTY JAILS If a city or town police officer arrests a person for committing a felony within the corporate limits of the city or town and turns such person over to the custody of the county sheriff because the arrest was for a violation of a state law and not a city or town ordinance, it is the county, and not the city, which is then responsible for paying the care, housing and board of such prisoner while he is in the county jail‑-both before and after arraignment.
COUNTIES - WEED CONTROL BOARD - SPECIAL ASSESSMENTS - CITIES AND TOWNS - APPLICABILITY OF SPECIAL ASSESSMENT FOR COUNTY WEED PROGRAM WITHIN INCORPORATED AREAS
COUNTIES ‑- WEED CONTROL BOARD ‑- SPECIAL ASSESSMENTS ‑- CITIES AND TOWNS ‑- APPLICABILITY OF SPECIAL ASSESSMENT FOR COUNTY WEED PROGRAM WITHIN INCORPORATED AREAS RCW 17.10.240(1) authorizes the county legislative authority to levy a special assessment against land for the purpose of operating the county's weed program. This assessment may be levied on land located in incorporated areas within the county.
COUNTIES - ROADS - CONTRACTS
COMPLIANCE WITH BIDDING REQUIREMENTS AS TO CONTRACTS FOR CONSTRUCTION OF COUNTY ROAD IMPROVEMENTS (1) When a board of county commissioners enters into a contract for the construction or improvement of county roads under chapter 36.77 RCW, the board is required to comply with the bidding requirements of RCW 36.77.020 through 36.77.040 even though the estimated cost of the project does not exceed $25,000.(2) A board of county commissioners may direct the performance of road construction or improvements by "day labor," rather than pursuant to contract, if the estimated cost of such project does not exceed $25,000. (3) Where a board of county commissioners hires one or more pieces of equipment and their operators, individually, to perform road construction or improvements in connection with a project having an estimated cost of less than $25,000, it may do so without complying with the bidding requirements of RCW 36.77.020 through 36.77.040 only if the operators so hired acquire the status of county employees rather than serving as independent contractors.
PUBLIC DISCLOSURE LAW - PUBLIC DISCLOSURE COMMISSION - COUNTIES - CITIES AND TOWNS
Meaning of the term “elected legislative body” as used in RCW 42.17.130. 1. For purposes of RCW 42.17.130, which generally prohibits the use of public resources on election campaigns but contains an exception for certain acts of “elected legislative bodies,” the term is limited to bodies composed entirely of persons elected by the people to serve on that body, and it does not include “mixed” bodies of partly elected and partly appointed members or bodies composed of officers serving “ex officio” by virtue of their election to some other position. 2. The term “legislative” for purposes of RCW 42.17.130 is restricted to governing bodies with the power to enact general laws within a defined geographic area, such as the legislative bodies of counties, cities, and towns, and it does not include the governing bodies of districts created for special purposes.
COUNTIES - ROADS - ANNEXATION TO CITY, DISPOSITION OF ROAD DISTRICT TAXES LEVIED
COUNTIES ‑- ROADS ‑- ANNEXATION TO CITY, DISPOSITION OF ROAD DISTRICT TAXES LEVIED Where territory which is part of a county road district is annexed to a city, the annexing city is entitled upon collection to receive from the county treasurer such road district taxes as have been levied but not collected on property within the annexed territory prior to the time of annexation for application to city street fund purposes.
PROPERTY - REAL ESTATE - COUNTIES
Authority of county to impose procedural requirements on recording of property boundary disputes resolved by agreement 1. RCW 58.04.007 permits property owners to resolve uncertain or disputed property boundaries when the boundary line cannot be ascertained through a reference to public records or physical landmarks, or where there is an actual dispute between landowners about the location of the boundary line. 2. A charter county has authority to implement and facilitate the operation of RCW 58.04.007 by prescribing procedures to be followed in recording written agreements concerning the resolution of unknown or disputed boundary lines, including requirements for county review of documents presented for recording where the county provisions are not in conflict with statutory law.
COUNTIES - PUBLIC FUNDS - DONATIONS
Authority of a county to donate land and buildings to a nonprofit corporation operating programs for the developmentally disabled When a noncharter county has acquired land and/or buildings with funds derived from RCW 43.83D (Referendum 29) and/or RCW 43.99C (Referendum 37) and has leased the buildings to a nonprofit corporation operating programs for the developmentally disabled, and the lease has expired, the county lacks statutory authority to donate the buildings and lands to the lessee.
COUNTIES - JAILS - SHERIFF - STATE OFFICERS - STATE PATROL
Responsibility of county jail to accept for booking persons arrested and presented at the jail by state patrol officers or other state employees with law enforcement powers 1. A county sheriff, as supervisor of the county jail, is required to accept arrestees presented at the jail for booking and housing pending disposition of charges, whether the arrestees are presented by county officers, by state patrol officers, or by other state employees with criminal law enforcement responsibilities. 2. The county sheriff does not have authority to (1) limit the hours during which the county jail will accept arrestees presented for booking by state officers, or (2) limit the number of arrestees that can be presented during a stated time period. 3. RCW 43.135.060 does not require the state to reimburse counties for the cost of booking or housing arrestees presented at the county jail by state patrol officers or other state employees, since this practice is neither a “new program” nor an “expansion of an existing program.”
TAXATION - PROPERTY - COUNTIES - MEETINGS - PUBLIC - ATTENDANCE BY PUBLIC AT SESSIONS OF A COUNTY BOARD OF EQUALIZATION
TAXATION ‑- PROPERTY ‑- COUNTIES ‑- MEETINGS ‑- PUBLIC ‑- ATTENDANCE BY PUBLIC AT SESSIONS OF A COUNTY BOARD OF EQUALIZATION RCW 84.48.010, in requiring county boards of equalization convened pursuant thereto to meet in open session, requires that all sessions of a county board of equalization which have been convened pursuant to this statute be open to attendance by the public except where the county assessor proposes to offer in evidence information which he has obtained under RCW 84.48.340; where such evidence is offered, the board's session must be closed to the public unless the taxpayer against whom the evidence is offered accedes to the opening of the session to the public, and thereby waives his right to confidentiality.
COUNTIES - TRANSPORTATION - OLD AGE - CHILDREN - HANDICAPPED PERSONS
REDUCED OR ELIMINATED TRANSIT FARES FOR SENIOR CITIZENS, SCHOOL CHILDREN OR LOW INCOME OR HANDICAPPED INDIVIDUALS (1) A county transportation authority organized under chapter 36.57 RCW may entirely eliminate fares for all transit users if the system it operates can be sustained from taxes or other available revenues. (2) A county transportation authority may, likewise, reduce or eliminate fares for all classes of users during non-peak hours only, for the purpose of achieving a more balanced and economical operation.(3) Both because of a lack of statutory authority and possible constitutional objections under Washington Constitution, Article VIII, section 7, however, a county transportation authority may not, instead, directly reduce or eliminate fares only for (a) senior citizens, a category being created only on the basis of age, or (b) students attending public schools except (in the latter case) through an interlocal cooperation act agreement with participating school districts.(4) Likewise, although such action would not be constitutionally objectionable in the case of low income citizens or the handicapped, a county transportation authority presently lacks the requisite statutory authority to reduce or to entirely eliminate fares for those individuals.
TAXATION - PROPERTY - COUNTIES - CITIES AND TOWNS
APPLICATION OF 106 PERCENT LIMITATION TO COUNTY TAX REFUND LEVY he 106 percent limitation on property taxes imposed by RCW 84.55.010 applies to taxes levied by a county pursuant to RCW 84.68.040 for the county refund fund; and the limitation is to be applied to the levy for the year in which the refund is made and not the year for which it is made.
TREASURER - COUNTIES - TAXATION - PROPERTY - PAYMENT BY CREDIT CARD
TREASURER ‑- COUNTIES ‑- TAXATION ‑- PROPERTY ‑- PAYMENT BY CREDIT 1. RCW 84.56.023 authorizes counties to accept payment of property taxes by credit card. If the county utilizes this procedure, it must collect fully payment of taxes, interest and penalties without discount. 2. RCW 84.56.023 does not grant the county the authority to collect from the taxpayer a service fee on behalf of the bank issuing the credit card.
WETLANDS - PUGET SOUND WATER QUALITY AUTHORITY - DEPARTMENT OF ECOLOGY - CITIES AND TOWNS - COUNTIES
WETLANDS ‑- PUGET SOUND WATER QUALITY AUTHORITY ‑- DEPARTMENT OF ECOLOGY ‑- CITIES AND TOWNS ‑- COUNTIES Chapter 90.70 RCW authorizes the Puget Sound Water Quality Authority to make recommendations regarding the protection of wetlands. However, chapter 90.70 RCW does not empower the Authority to set minimum standards for wetlands protection or to require local governments to adopt the Authority's recommendations.
CRIMES - COURTS - COUNTIES - CITIES AND TOWNS
PENALTY ASSESSMENTS FOR CRIME VICTIMS' COMPENSATION (1) Under the provisions of § 6, chapter 8, Laws of 1982, 1st Ex. Sess., the Administrator for the Courts is required, in 1983, to compile a report covering crime victims' compensation penalty assessments paid, or due, during calendar year 1982.(2) A crime victims' compensation penalty assessment is to be paid pursuant to RCW 7.68.035(3), as amended by chapter 8, Laws of 1982, 1st Ex. Sess., upon forfeiture of bail where the offense with which the defendant was charged is either (a) a crime defined by state law which is punishable, thereunder, as a felony or a gross misdemeanor, or (b) a crime defined by a city ordinance which is punishable thereunder as a gross misdemeanor and which, in addition, covers conduct which is the same, or substantially the same, as conduct which is defined to be criminal by state law.(3) A crime victims' compensation penalty assessment is to be imposed under RCW 7.68.035(1), as amended, when an accused individual is found guilty of having committed any crime defined by either a state statute or a county or city ordinance, including ordinary misdemeanors, with the exception of those motor vehicle crimes expressly referred to in subsection (2) of the statute, whether defined by state statute or by a substantially similar municipal ordinance.(4) The penalty assessment provided for by RCW 7.68.035(1), as amended, is applicable in the case of a conviction, on or after March 27, 1982, of a crime committed prior to the date.(5) If a person is found guilty of a number of separate counts contained in the same criminal information, each of which represents a separate and distinct crime, a penalty assessment is to be imposed under RCW 7.68.035(1), as amended, on the basis of each such count.(6) A crime victims' compensation penalty assessment is not to be imposed, under RCW 7.68.035, as amended, on an alleged juvenile offender who has undergone diversion proceedings pursuant to chapter 13.40 RCW.
COUNTIES - SEWERS - WATER - ESTABLISHMENT OF COUNTY WATER AND/OR SEWERAGE SYSTEMS UNDER CHAPTER 36.94 RCW
COUNTIES ‑- SEWERS ‑- WATER ‑- ESTABLISHMENT OF COUNTY WATER AND/OR SEWERAGE SYSTEMS UNDER CHAPTER 36.94 RCW (1) Under chapter 36.94 RCW, a county may either construct a single system of water and/or sewerage disposal for the entire county or it may create several separate such systems for separate portions of the county.(2) If a county establishes separate systems of water and/or sewerage disposal for separate parts of the county, each system must be covered by a separate "general plan" under RCW 36.94.030, and there must be a separate review committee under RCW 36.94.050 for each such proposed system and plan.
COUNTIES - SHERIFF - CORONER - MOTOR VEHICLES - USE OF MOTOR VEHICLES FORFEITED BY SHERIFF
COUNTIES ‑- SHERIFF ‑- CORONER ‑- MOTOR VEHICLES ‑- USE OF MOTOR VEHICLES FORFEITED BY SHERIFF RCW 69.50.505(f)(1) provides that forfeited property may be retained for use by a law enforcement agency of the state. A coroner does not act as a law enforcement agency of the state. Therefore, a coroner is not entitled to use a motor vehicle forfeited pursuant to RCW 69.50.505(f)(1).
COUNTIES - TAXATION - INITIATIVE AND REFERENDUM
INITIATIVE ON ADDITIONAL LOCAL SALES AND USE TAX Where the voters of a home rule charter county possesses the general power of initiative, § 19, chapter 49, Laws of 1982, 1st Ex. Sess. requires that the "special initiative procedure" provided for in that section conform to the requirements of the county's initiative procedure.
COUNTIES - CITIES AND TOWNS - FIREARMS - POLICE POWER
REGULATION OR PROHIBITION OF HANDGUNS OR OTHER FIREARMS BY COUNTUES, CITIES OR TOWNS (1) A county, city or town may not, in the exercise of its police power, enact a general prohibition against the sale or possession of handguns, at any time or place, within the limits of its territorial jurisdiction because such an ordinance would have the effect of prohibiting conduct which state law, instead, sanctions and regulates. (2) A county, city or town may not require the presentation of a concealed weapons permit as a condition to the sale of handgun ammunition because of an express statutory preemption by the state, in RCW 70.74.201, of the regulation, in general, of small arms ammunition. (3) A county, city or town police power ordinance prohibiting the possession of firearms, including handguns, on public or private school grounds or college campuses within its territorial jurisdiction would be valid because such an ordinance would not be in conflict with state law under the applicable, judicially enunciated, test.
COUNTIES - PROSECUTING ATTORNEY - CAMPAIGN FINANCING - PUBLIC DISCLOSURE LAW - STATE OFFICERS
Applicability of state and local campaign finance limitations to prosecuting attorney and candidates for that office 1. The specific campaign finance limitations set forth in RCW 42.17 do not apply to the office of prosecuting attorney, although the related reporting and disclosure requirements do apply to that office. 2. A county prosecuting attorney is subject to campaign finance limitations adopted by a county and generally covering county officers and employees, except to the extent directly in conflict with a state statute. 3. The state ethics law, RCW 42.52, does not apply to the office of prosecuting attorney.
COUNTIES - CITIES AND TOWNS - TELECOMMUNICATIONS
Authority of cities, towns, and counties to provide telecommunications services Those counties and cities that have “home rule” powers (that is, charter counties, first class cities, and cities operating under the Optional Municipal Code) have authority to provide telecommunications services to their residents; other cities, towns, and counties lack this authority.
COURTS - JUSTICE - COUNTIES - CRIMES - FUNDS - COMPENSATION FOR ATTORNEYS OF INDIGENT DEFENDANTS
COURTS ‑- JUSTICE ‑- COUNTIES ‑- CRIMES ‑- FUNDS ‑- COMPENSATION FOR ATTORNEYS OF INDIGENT DEFENDANTS Attorneys who are constitutionally required to be appointed to represent indigent defendants in misdemeanor cases before a district justice court are to be compensated for their services under RCW 10.01.110; however, the costs of such compensation must be drawn from the county current expense fund of the county in which the court is situated and not from justice court revenues under RCW 3.62.050.
CITIES - COUNTIES - PUBLIC HOUSING AUTHORITIES
APPLICABILITY OF STATE PREVAILING WAGE LAW The construction, alteration, repair or improvement (other than ordinary maintenance) of low income housing facilities by a public housing authority established pursuant to chapter 35.82 RCW constitutes a public work which is subject to the provisions of the state prevailing wage law (chapter 39.12 RCW) where it is paid for with state or municipal funds or where, in any event, it gives rise to a lien or charge, on the part of the contractor or others involved, against the property of the housing authority.
COUNTIES - CITIES AND TOWNS - FIREARMS - POLICE POWER
REGULATION OR PROHIBITION OF HANDGUNS OR OTHER FIREARMS BY COUNTIES, CITIES OR TOWNS (1) The provisions of § 12, chapter 232, Laws of 1983, prohibiting cities, towns and counties from enacting local laws and ordinances which are inconsistent with, or more restrictive than, that 1983 act do not bar such a municipality from regulating or restricting the possession or use of firearms in specified places (such as taverns, cocktail lounges, public and private schools and institutions of higher learning, municipal and superior court rooms, or city and county jails by visitors and inmates) -even by one who has lawfully obtained a state concealed weapons permit. (2) The provisions of RCW 9.94.040 and 9.94.043, relating to the possession of firearms on the premises of state penal or correctional institutions, do not apply to county or city jails. (3) Although a superior court may, under certain circumstances, order the forfeiture of a firearm possessed by one who was under the influence of intoxicating liquor pursuant to § 6(1)(d), chapter 232, Laws of 1983, the aforesaid act does not make the mere possession of a concealed weapon by such a person a misdemeanor.
COUNTIES - CITIES AND TOWNS - TAXATION - INITIATIVE AND REFERENDUM
REFERENDUM ON ADDITIONAL LOCAL SALES AND USE TAX AND REAL ESTATE EXCISE TAX As a consequence of the enactment of § § 2 and 3, chapter 99, Laws of 1983, every county or city ordinance enacted after the effective date of that act (April 22, 1983) which imposes or alters the rate of a local sales or use tax imposed under RCW 82.14.030(2), or a real estate excise tax imposed under RCW 82.46.010(2), is subject to the referendum procedures prescribed by those two sections of the subject act.
CITIES AND TOWNS - COUNTIES - PORT DISTRICTS - INDUSTRIAL DEVELOPMENT - BONDS - INCOMPATIBLE OFFICES
MEMBERSHIP ON BOARD OF DIRECTORS OF PUBLIC CORPORATION Exercising the authority granted to it by RCW 39.84.040 a municipality, in creating a public corporation in connection with the issuance of industrial development revenue bonds under chapter 39.84 RCW, may provide in the ordinance establishing the corporation that one or more positions on its board of directors shall be filled by a member (or members) of its governing body serving ex officio; however, if the number of members of the governing body who are to serve, ex officio, on the board of directors of corporations is less than the total number of members of the governing body, the ordinance should also, itself, state the criteria for determining which members of the governing body are also to serve as directors of the corporation.
COUNTIES - CITIES AND TOWNS - COURTS - FIREARMS - WEAPONS
INFORMATION WHICH MAY BE REQUIRED OF APPLICANT FOR CONCEALED WEAPONS PERMIT A county sheriff, municipal police chief or judge of a court of record may not refuse to issue a concealed weapons permit to an applicant, otherwise qualified, simply because of his or her refusal to be photographed, to produce a valid Washington driver's license, or to indicate his or her federal social security number, or solely on the ground that the applicant lives outside the particular county or municipality involved.
PENITENTIARY - PRISONERS - COUNTIES - CITIES AND TOWNS
IMPACT FUNDS FOR ADDITIONAL STATE CORRECTIONAL FACILITIES Identification and application of criteria to be used in determining the eligibility of a community for state funds appropriated by § 51, chapter 76, Laws of 1983, 1st Ex. Sess. for the one‑time cost impact to communities associated with locating additional state correctional facilities.
COUNTIES - FUNDS - MUNICIPAL CORPORATIONS - STATE RESTRICTIONS UPON USE OF FEDERAL REVENUE SHARING FUNDS RECEIVED UNDER PUBLIC LAW 92-512
COUNTIES ‑- FUNDS ‑- MUNICIPAL CORPORATIONS ‑- STATE RESTRICTIONS UPON USE OF FEDERAL REVENUE SHARING FUNDS RECEIVED UNDER PUBLIC LAW 92-512 (1) No county of any class may donate a portion of its federal revenue sharing entitlement under Public Law 92-512 (the state and local fiscal assistance act of 1972) to a private nonprofit senior citizens' center. (2) A county not operating under a home rule charter may not donate a portion of its entitlement under this federal act to a fire protection district for the purchase of an ambulance by such district.
OFFICES AND OFFICERS - COUNTIES - SALARIES - AUTHORITY TO FIX SALARIES OF COUNTY ELECTED OFFICIALS
OFFICES AND OFFICERS ‑- COUNTIES ‑- SALARIES ‑- AUTHORITY TO FIX SALARIES OF COUNTY ELECTED OFFICIALS (1) Chapter 88, Laws of 1973, Ex. Sess., authorizes the legislative authorities of all classes of counties to increase or decrease the salaries of those county officers whose salaries are fixed by its provisions. (2) Under Article XXX, § 1 (Amendment 54) of the state Constitution, prohibiting mid-term salary increases for elective and appointive officers who fix their own compensation, a board of county commissioners or other legislative authority may not grant a mid-term increase in compensation to its own members under chapter 88, Laws of 1973, Ex. Sess. (3) A board of county commissioners or other legislative authority exercising the powers granted by chapter 88, Laws of 1973, Ex. Sess., is effectively authorized by this chapter to fix the salaries of its other elective officials at or above their current levels by an ordinance adopted prior to January 1, 1974, but it may not reduce any of those salaries below those levels. (4) After January 1, 1974, a board of county commissioners or other county legislative authority which by inaction has simply allowed the new salary levels fixed by the legislature to take effect most likely will not be able then to roll those salaries back to their prior levels in the case of any county elective officials then serving ‑ except on a basis which will cause those salary decreases not to take effect until the commencement of the next ensuing terms of the respective county officers.
DISTRICTS - PUBLIC UTILITY - ANNEXATION - COUNTIES - BOUNDARIES
DISTRICTS ‑- PUBLIC UTILITY ‑- ANNEXATION ‑- COUNTIES ‑- BOUNDARIES A public utility district may annex adjacent territory located in a county other than that in which the district was created where such adjacent territory is not situated within the boundaries of another public utility district.
OFFICES AND OFFICERS - COUNTIES - SALARIES - FRINGE BENEFITS - PAYMENT OF MID-TERM SALARY INCREASES TO COUNTY COMMISSIONERS
OFFICES AND OFFICERS ‑- COUNTIES ‑- SALARIES ‑- FRINGE BENEFITS ‑- PAYMENT OF MID-TERM SALARY INCREASES TO COUNTY COMMISSIONERS The members of a board of county commissioners, during the remainder of the terms of office they were serving on the effective date of the salary increases granted by the legislature in chapter 88, Laws of 1973, 1st Ex. Sess., may receive those legislatively granted increases; they may not, however, constitutionally receive mid-term increases in such health care benefits as they have provided for themselves and other county officers and employees under the provisions of RCW 41.04.180.
CITIES AND TOWNS - COUNTIES - JOINT OPERATION OF MUNICIPAL AIRPORT - AUTHORITY TO IMPOSE CHARGE ON PASSENGERS BOARDING AIRPLANES
CITIES AND TOWNS ‑- COUNTIES ‑- JOINT OPERATION OF MUNICIPAL AIRPORT ‑- AUTHORITY TO IMPOSE CHARGE ON PASSENGERS BOARDING AIRPLANES A city or county acting separately or together does not have the authority to impose a flat charge upon each passenger boarding an airplane at a municipal airport which is operated jointly by said city and county.
COUNTIES - OFFICES AND OFFICERS - FEES - AUTHORITY OF NONCHARTER COUNTY TO PAY CERTAIN MEMBERSHIP DUES FOR ITS OFFICERS
COUNTIES ‑- OFFICES AND OFFICERS ‑- FEES ‑- AUTHORITY OF NONCHARTER COUNTY TO PAY CERTAIN MEMBERSHIP DUES FOR ITS OFFICERS A county, including a noncharter county, may pay the dues required to maintain optional membership in a professional association on behalf of an officer of the county in those cases where the main object of the expenditure is an anticipated direct benefit to the county such as a subscription to periodicals, services, or other valuable rights of commensurate value; however, a county may not pay those dues in a case where membership in the association is required by law as a prerequisite for holding the office in question.
COUNTIES - LIABILITY - INJURED PRISONERS - INSURANCE
COUNTIES ‑- LIABILITY ‑- INJURED PRISONERS ‑- INSURANCE (1) A county may be liable (a) for the cost of hospitalization and care of an injured county jail prisoner depending upon the prisoner's financial status; (b) for damages sustained by a county jail prisoner injured through negligent conduct attributable to the county. (2) Where there is a possible county liability, insurance may be purchased for the county by the board of county commissioners.
LABOR - CITIES AND TOWNS - MUNICIPALITIES - COUNTIES - CONTRACTS - VALIDITY OF RETROACTIVE PAY PROVISION IN INITIAL COLLECTIVE BARGAINING AGREEMENT UNDER CHAPTER 41.56 RCW
LABOR ‑- CITIES AND TOWNS ‑- MUNICIPALITIES ‑- COUNTIES ‑- CONTRACTS ‑- VALIDITY OF RETROACTIVE PAY PROVISION IN INITIAL COLLECTIVE BARGAINING AGREEMENT UNDER CHAPTER 41.56 RCW An initial collective bargaining agreement executed under chapter 41.56 RCW between a county, municipality or political subdivision and the bargaining representative of its employees may contain a provision whereby the salary or wage rates therein agreed upon will be payable for services previously rendered, from and after a designated date prior to its execution, but only if there was in existence during that previous period some kind of agreement that the wages received for their work performed between the date of such agreement and the execution of the collective bargaining agreement are not to be considered to be their full compensation; and no such agreement or understanding can be found from the mere act of certification or recognition of a bargaining agent under RCW 41.56.080.
COUNTIES - CITIES AND TOWNS - MUNICIPAL CORPORATIONS - FORMATION OF CITY-COUNTY
COUNTIES ‑- CITIES AND TOWNS ‑- MUNICIPAL CORPORATIONS ‑- FORMATION OF CITY-COUNTY Retention or dissolution of existing municipal corporations upon formation of a city-county under Article XI, § 16 (Amendment 58) of state constitution; conditions applicable for the election of freeholders to frame a city-county charter; retention or nonretention of certain county elected officials; assumption of existing intergovernmental contracts by a newly formed city-county; ability of a city-county to make contracts under the interlocal cooperation act; power of a city-county to impose an income tax; eligibility of a city-county for state funds which are statutorily distributable to counties or cities; legality of a city-county two year zoning moratorium; retirement coverage for employees of a newly formed city-county.
COUNTIES - COMMISSIONERS - ROADS - FRANCHISE APPLICATION - DESCRIPTION OF ROADS
COUNTIES ‑- COMMISSIONERS ‑- ROADS ‑- FRANCHISE APPLICATION ‑- DESCRIPTION OF ROADS A franchise application by a utility company for permission from a board of county commissioners to utilize certain county roads adequately describes those roads by referring to the section, township, and range in which the roads are located.
COUNTIES - FINANCE COMMITTEE - TREASURER - CURRENT EXPENSE FUND - UNBUDGETED CASH BALANCE - INVESTMENT - REDEEMABLE IN CASH ON DEMAND
COUNTIES ‑- FINANCE COMMITTEE ‑- TREASURER ‑- CURRENT EXPENSE FUND ‑- UNBUDGETED CASH BALANCE ‑- INVESTMENT ‑- REDEEMABLE IN CASH ON DEMAND The "unbudgeted cash balance" which counties under RCW 36.40.090 are authorized to retain in their current expense funds must at all times remain in the form of cash or that which is redeemable in cash upon demand as a matter of fixed right.
COUNTIES - FUNDS - INSURANCE - TORT CLAIMS - CREATION OF A SPECIAL COUNTY FUND FOR THE PAYMENT OF TORT CLAIMS NOT COVERED BY INSURANCE
COUNTIES ‑- FUNDS ‑- INSURANCE ‑- TORT CLAIMS ‑- CREATION OF A SPECIAL COUNTY FUND FOR THE PAYMENT OF TORT CLAIMS NOT COVERED BY INSURANCE (1) RCW 36.33.065 does not authorize a board of county commissioners to establish a special fund for the payment of only a certain category of claims against a county; i.e., tort claims not covered by insurance; however, RCW 36.33.020, authorizing the creation of one or more county cumulative reserve funds for specified county purposes, does authorize a board of county commissioners to establish such a special county fund for the payment of tort claims not covered by insurance. (2) Except as provided by RCW 36.29.020, any interest earned through the investment of monies in a county cumulative reserve fund established under RCW 36.33.020, would properly be creditable to the cumulative reserve fund from which the particular investments were made.
COUNTIES - COMMISSIONERS - BUDGET - SUPPORT OF SHERIFF'S CIVIL SERVICE COMMISSION - MEANING OF "PRECEDING YEAR'S TOTAL PAYROLL"
COUNTIES ‑- COMMISSIONERS ‑- BUDGET ‑- SUPPORT OF SHERIFF'S CIVIL SERVICE COMMISSION ‑- MEANING OF 'PRECEDING YEAR'S TOTAL PAYROLL' The term "preceding year's total payroll" as used in RCW 41.14.210 which provides for the support of the sheriff's civil service commission, means the budgeted total payroll for the fiscal year preceding the ensuing fiscal year.
COUNTIES - CITIES AND TOWNS - CONTRACTS - BIDS - NECESSITY FOR BIDDING IN CONNECTION WITH CONTRACT FOR SOLID WASTE DISPOSAL SYSTEM
COUNTIES ‑- CITIES AND TOWNS ‑- CONTRACTS ‑- BIDS ‑- NECESSITY FOR BIDDING IN CONNECTION WITH CONTRACT FOR SOLID WASTE DISPOSAL SYSTEM (1) In the event that a county enters into an interlocal cooperation act agreement with cities of the second, third and fourth class within the county for the operation of a solid waste disposal system, whereby the county is given full authority to manage and operate such system on behalf of the county and the cities, the county would stand in the position of agent for the participating cities and, hence, would be required to comply with the bidding requirements of RCW 35.23.352 and 35.23.353 in making and entering into contracts and purchases for such solid waste disposal system. (2) The fact that a particular county is not subject to mandatory bidding requirements, generally, does not excuse it from compliance with RCW 36.58.050 which requires a county entering into contracts for the hauling of trailers of solid waste from transfer stations to disposal sites and return to do so either by (a) the normal bidding process or (b) negotiation with the qualified collection company servicing the area under the authority of chapter 81.77 RCW.
COUNTIES - HIGHWAYS - ROADS - POLICE POWER - MANDATORY REMOVAL OF SIGHT OBSTRUCTIONS FROM PRIVATE PROPERTY
COUNTIES ‑- HIGHWAYS ‑- ROADS ‑- POLICE POWER ‑- MANDATORY REMOVAL OF SIGHT OBSTRUCTIONS FROM PRIVATE PROPERTY (1) A county ordinance adopted under Article XI, § 11 of the state constitution may not require the owner of land abutting a county road intersection, without compensation, to remove preexisting trees and other vegetation or structures from within a prescribed distance of the intersection in order to provide an unobstructed view across the owner's land for vehicles approaching the intersection. (2) A county may, however, secure the removal of such sight obstructions at an intersection by exercising its constitutional powers of eminent domain.
COUNTIES - COMMISSIONERS - AUTHORITY TO DEVELOP WATERFRONT STREET ENDS INTO BOAT LAUNCHING RAMPS - COUNTY ROAD FUNDS
COUNTIES ‑- COMMISSIONERS ‑- AUTHORITY TO DEVELOP WATERFRONT STREET ENDS INTO BOAT LAUNCHING RAMPS ‑- COUNTY ROAD FUNDS The board of county commissioners of King county has the authority to develop waterfront street ends into boat launching ramps and to use county road funds, including motor vehicle funds, for such purpose.
COUNTIES - POLICE POWER
ABILITY TO ESTABLISH DAY CARE SERVICES IN ABSENCE OF SPECIFIC STATUTORY AUTHORIZATION There is a sufficient basis in Article XI, § 11 of the Washington constitution for upholding a properly drawn ordinance by which a county, including one which has not adopted a home rule charter pursuant to Article XI, § 4 of the constitution, would establish day care services for the children of working mothers who are residents thereof; the appropriate tests for determining the validity of such an ordinance are (1) whether the enactment falls within the range of concerns which the courts have recognized as acceptable areas for the exercise of the police power and (2) whether the measure represents a reasonable method of reaching an objective of that power.
OFFICES AND OFFICERS - COUNTIES - LIABILITY - COMMITMENT OF MENTALLY ILL UNDER CHAPTER 71.02 RCW IN STATE HOSPITAL - DELAY IN TRANSPORTING PATIENT TO HOSPITAL
OFFICES AND OFFICERS ‑- COUNTIES ‑- LIABILITY ‑- COMMITMENT OF MENTALLY ILL UNDER CHAPTER 71.02 RCW IN STATE HOSPITAL ‑- DELAY IN TRANSPORTING PATIENT TO HOSPITAL Where a person is found mentally ill in proceedings brought under chapter 71.02 RCW and committed to a state hospital, the state and not the county is liable for the cost of detention for any period of time which elapses between the entry of the order of hospitalization and the time an ambulance arrives to transport the patient to a state hospital.
DISTRICTS - FIRE PROTECTION - COUNTIES - CITIES AND TOWNS - ENFORCEMENT OF UNIFORM FIRE CODE
DISTRICTS ‑- FIRE PROTECTION ‑- COUNTIES ‑- CITIES AND TOWNS ‑- ENFORCEMENT OF UNIFORM FIRE CODE (1) Within the unincorporated areas of a county which are served by a fire protection district, the uniform fire code, as adopted pursuant to chapter 19.27 RCW, requires the fire chief and the department of that district to perform each of the administrative and enforcement functions listed in § 1.201 thereof, together with such other functions as are required, under the heading of "Administration" in Division II of the code, to be performed by the "Fire Chief" or "Fire Department." (2) A county, however, in the exercise of its authority under RCW 19.27.040 to amend the various component parts of the state building code in certain respects, may alter the manner in which the uniform fire code is administered within any or all of its unincorporated areas through the adoption of an amendment to that code designating some other official as the "Fire Chief" for the purpose of administering and enforcing its provisions.
ELECTIONS - COUNTIES - CITIES AND TOWNS - POLITICAL ACTIVITIES BY MUNICIPAL EMPLOYEES
ELECTIONS ‑- COUNTIES ‑- CITIES AND TOWNS ‑- POLITICAL ACTIVITIES BY MUNICIPAL EMPLOYEES Pursuant to RCW 41.06.250(2) a municipal employee who is covered thereby may, even though governed by a local ordinance, charter provision, resolution or regulation purporting to provide to the contrary: (1) Express his opinion openly and publicly on all political subjects, or on all candidates for either partisan or nonpartisan elective offices; (2) Display political signs on his own property advocating the election of a candidate or candidates seeking either a partisan or nonpartisan office; (3) Assemble or prepare political signs for candidates in support of their candidacies for partisan but not for nonpartisan offices; (4) Install or affix such political signs for partisan but not for nonpartisan candidates in or on locations other than his own property with the permission of the owner of the property in question; (5) Distribute campaign material, such as printed leaflets, brochures, etc., prepared by or for partisan but not for nonpartisan candidates, on a door-to-door basis.
DISTRICTS - WEED - TAXATION - ASSESSMENTS - COUNTIES - CITIES AND TOWNS
APPLICABILITY OF WEED DISTRICT ASSESSMENTS TO CERTAIN CITY-OWNED LAND Lands which are owned by an incorporated city or town (including but not limited to those situated outside the corporate limits of that municipality) are not subject to weed district assessments imposed pursuant to RCW 17.04.240.
COUNTIES - CITIES AND TOWNS - MUNICIPAL CORPORATIONS - LEGISLATURE - EXPENDITURES OF COUNTY, CITY OR OTHER MUNICIPAL FUNDS FOR LOBBYING
COUNTIES ‑- CITIES AND TOWNS ‑- MUNICIPAL CORPORATIONS ‑- LEGISLATURE ‑- EXPENDITURES OF COUNTY, CITY OR OTHER MUNICIPAL FUNDS FOR LOBBYING (1) Neither the state public disclosure law (chapter 42.17 RCW) nor any other statute prohibits or restricts a municipal corporation or political subdivision from employing a lobbyist to be registered as such in accordance with RCW 42.17.150; however, such a person may only be employed pursuant to specific legal authority to expend municipal funds for lobbying purposes ‑ either in the form of a state statute or, in the case of a first class or other charter city, code city or charter county, appropriate local legislation. (2) Only a municipal corporation or political subdivision which is thus authorized to expend its funds for lobbying purposes may, in turn, authorize its officers or employees to appear and testify at municipal expense before a committee of the legislature in support of or opposition to proposed or pending legislation. (3) Nothing in the state public disclosure law (chapter 42.17 RCW) purports to restrict the ability of any committee or member of the state legislature to seek information or opinions from officers or employees of a municipal corporation or political subdivision.
COUNTIES - CITIES AND TOWNS - ROADS AND BRIDGES
APPLICABILITY OF CHAPTER 130, LAWS OF 1983 TO CERTAIN BRIDGE PROJECT Because the First Avenue South Bridge in Seattle is a part of the state highway system, and not a county road, RCW 36.83.010 does not authorize King County to form a service district as a financing tool for improvements and/or new construction relating to that specific bridge.
OFFICES AND OFFICERS - STATE - CORRECTIONS STANDARDS BOARD - JAILS - COUNTIES - CITIES
APPLICABILITY OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES ACT (1) The State Corrections Standards Board is not required by chapter 120, Laws of 1983, the Minority and Women's Business Enterprises Act, to fix goals which would, in turn, necessitate that specified portions of the funds which are awarded by it to local governments be set aside for minority or women-owned businesses.(2) Chapter 120, Laws of 1983, the Minority and Women's Business Enterprises Act, applies only to public works projects undertaken by the State (or an agency thereof) itself and, therefore, does not impose any additional duties or responsibilities on local jurisdictions with respect to jail construction and renovation funded through the State Corrections Standards Board.
MUNICIPAL CORPORATIONS - CITIES AND TOWNS - COUNTIES - DISTRICTS - EMPLOYERS AND EMPLOYEES - MEDICAL BENEFITS - SELF-FUNDING OF EMPLOYEE HEALTH BENEFITS BY LOCAL GOVERNMENT
MUNICIPAL CORPORATIONS ‑- CITIES AND TOWNS ‑- COUNTIES ‑- DISTRICTS ‑- EMPLOYERS AND EMPLOYEES ‑- MEDICAL BENEFITS ‑- SELF-FUNDING OF EMPLOYEE HEALTH BENEFITS BY LOCAL GOVERNMENT Charter counties, charter cities, code cities and municipal corporations, in the exercise of proprietary functions, have broad legislative power that empowers them to self-fund their employee health and welfare benefits. Other municipal corporations have only the powers expressly granted by the Legislature or necessarily or fairly implied in or incident to the powers expressly granted. These municipal corporations do not have the authority to self-fund their employees' health and welfare benefits.
COUNTIES - COLLECTION OF SOLID WASTE - CONTRACTS - STATE REGULATION OF COUNTY GARBAGE COLLECTION
COUNTIES ‑- COLLECTION OF SOLID WASTE ‑- CONTRACTS ‑- STATE REGULATION OF COUNTY GARBAGE COLLECTION (1) Under § 3, chapter 58, Laws of 1975-76, 2nd Ex.Sess., when a comprehensive solid waste plan adopted under RCW 70.95.080 incorporates the use of transfer stations, the transportation of solid waste between disposal sites in transfer trailers, but not in "drop box" detachable containers, is thereby exempt from regulation by the Washington utilities and transportation commission. (2) Under § 3, chapter 58, Laws of 1975-76, 2nd Ex. Sess., a county in which a comprehensive solid waste plan has been adopted may contract for the hauling of solid waste between disposal sites in transfer trailers, but not in detachable containers, either by the normal bidding process or by negotiation with the qualified collection agency serving the area under the authority of chapter 81.77 RCW; contracts utilizing the use of detachable containers, however, must follow the normal bidding process where applicable.
COUNTIES - CITIES AND TOWNS - FIREARMS - POLICE POWER
REGULATION OF FIREARMS POSSESSION BY PERSONS UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS (1) The validity of a local ordinance making it either a criminal or civil offense to be in possession of a firearm while under the influence of alcohol or other drugs will not turn on RCW 9.41.290, in the sense that such a local ordinance is, or is not, thereby statutorily preempted; instead, it will depend upon the effect which a particular ordinance has on constitutionally-protected rights. (2) A local ordinance providing for the mandatory forfeiture of a firearm in the possession of one who is intoxicated would be within the purview of RCW 9.41.290 and, therefore, would be required to be consistent with its state statutory counterpart (RCW 9.41.098) in order to be legally effective.
COUNTIES - TAXATION - FINES - GAME - IMPLEMENTATION OF ELECTION UNDER RCW 77.12.201
COUNTIES ‑- TAXATION ‑- FINES ‑- GAME ‑- IMPLEMENTATION OF ELECTION UNDER RCW 77.12.201 If a given county, during 1976, elects to relinquish fines and bail forfeitures for game law violations and to receive payments in lieu of property taxes instead, as provided for by RCW 77.12.201, and notice of this election is transmitted to the director of the state game department prior to January 1, 1977, the first calendar year during which the county will relinquish said fines and forfeitures and receive payments in lieu of taxes instead will be 1978.
CITIES AND TOWNS - COUNTIES - ELECTIONS - OFFICES AND OFFICERS - CHARTERS - OPTIONAL MUNICIPAL CODE - AUTHORITY TO IMPOSE TERM LIMITATIONS ON ELECTED LOCAL GOVERNMENT OFFICIALS
CITIES AND TOWNS ‑- COUNTIES ‑- ELECTIONS ‑- OFFICES AND OFFICERS ‑- CHARTERS ‑- OPTIONAL MUNICIPAL CODE ‑- AUTHORITY TO IMPOSE TERM LIMITATIONS ON ELECTED LOCAL GOVERNMENT OFFICIALS 1. Charter cities, charter counties, noncharter first class cities and noncharter code cities have the authority to impose a limit on the number of terms a locally elected official can serve. 2. Depending upon the provisions of their charter, charter cities and charter counties can adopt a term limitation as a charter provision by ordinance or through the initiative process. Noncharter first class cities and noncharter code cities can only adopt a term limitation through the passage of an ordinance.
COUNTIES - IRRIGATION - DISTRICTS - ASSESSMENTS - PROPERTY - TAXATION - LIENS
COUNTIES ‑- IRRIGATION ‑- DISTRICTS ‑- ASSESSMENTS ‑- PROPERTY ‑- TAXATION ‑- LIENS ‑- SALE OF PROPERTY ACQUIRED BY FORECLOSURE BY A COUNTY OR AN IRRIGATION DISTRICT 1. RCW 87.06.100(4) provides that when an irrigation district sells property acquired in a foreclosure proceeding, it shall not provide a deed to the purchaser until various outstanding taxes and assessments are paid. These various taxes and assessments must be paid even if they exceed the market value of the property. 2. If a county sells property acquired at a foreclosure proceeding, the distribution of the proceeds of sale is governed by RCW 84.64.230. An irrigation district is entitled to a share of the proceeds of sale under RCW 84.64.230 because the irrigation district lien established by RCW 87.03.265 is of equal rank with the lien for general taxes established by RCW 84.60.010. 3. RCW 84.64.230 provides that no claim shall be allowed against the county on property acquired by the county by tax deed in a foreclosure proceeding. Thus, an irrigation district cannot foreclose its lien on tax deed property held by the county.
COUNTIES - CITIES AND TOWNS - CIVIL SERVICE - SHERIFF - POLICE
Seniority status of city police officer transferring to county sheriff's office RCW 41.14.260 provides that a city police officer transferring to a county sheriff's office pursuant to RCW 41.14.250 shall have the same rights, benefits and privileges as the officer would have been entitled to if the officer had been a member of the sheriff's office since the beginning of the officer's employment with the city. Pursuant to this statute, the officer's seniority is determined by the date of the officer's original hire with the city.
BOUNDARY REVIEW BOARD - DEPARTMENT OF HEALTH - WATER - COUNTIES - CITIES AND TOWNS
Authority of Boundary Review Board to Review Extension of Water Service When the Extension Occurs Pursuant to a Coordinated Water System Plan RCW 70.116.020 establishes the procedure for adopting coordinated water system plans in areas designated as critical water supply service areas. RCW 36.93.090(5) provides that a boundary review board may review extension of water service by a city or town outside existing corporate boundaries. A boundary review board does not have authority under RCW 36.93.050(5) to review extension of water service beyond corporate city or town limits if it is consistent with the coordinated water system plan adopted pursuant to RCW 70.116.020.
COUNTIES - FAIRS - FEES - WAIVER OF ADMISSION CHARGES FOR ATTENDANCE
COUNTIES ‑- FAIRS ‑- FEES ‑- WAIVER OF ADMISSION CHARGES FOR ATTENDANCE Under Article VIII, § 7 of the Washington constitution it is not legal for a county which charges an admission fee for attendance at a fair conducted under RCW 36.37.010, et seq., to waive that charge for nonindigent persons attending the fair for no other consideration, primarily to be entertained rather than in the performance of some official function; it is, however, not illegal for fair officials, news reporters or others who are attending the fair for the benefit thereof in the performance of their employment functions and not merely to be entertained, to be allowed in without paying the usual admission charge.
PUBLIC FUNDS - ANNUAL LEAVE - SICK LEAVE - COUNTIES - PUBLIC EMPLOYEES RETIREMENT SYSTEM
Applicability of Gift of Public Funds Prohibition and Contribution Requirements for Public Employees Retirement System to County Sick Leave Bank 1. There is a proposal by a county to establish a sick leave bank. Under the proposal employees who have accrued vacation leave or sick leave may donate the leave to the sick leave bank. In the event of catastrophic illness or injury, employees who have exhausted their vacation leave and sick leave may apply to the sick leave bank for additional leave. Article 8, section 7 of the Washington Constitution prohibits gifts of public funds. The proposal is not a gift by the county. There is consideration to the county since the donating employees performed service in order to accrue the donated leave. There is donative intent on the part of the donating employee, not the county. 2. Under RCW 41.40.010(8)(a), (b), vacation leave and sick leave donated to the sick leave bank are not compensation earnable of the employee making the donation. Although the employee accrues the leave, he or she is never paid for it. 3. Under RCW 41.40.010(8)(a), (b), leave paid from the sick leave bank is not compensation earnable. Although the employee receives payments from the sick leave bank, the payments are not made in return for services to the county by the receiving employee. The leave was accrued as a result of services performed by the donating employee.
COUNTIES - SECOND CLASS - COMMISSIONERS - SALARIES - ALLOCATION OF PART FROM COUNTY ROAD FUND
COUNTIES ‑- SECOND CLASS ‑- COMMISSIONERS ‑- SALARIES ‑- ALLOCATION OF PART FROM COUNTY ROAD FUND County commissioners in a county of the second class may not under existing statutes allocate a portion of their salaries from the county road fund or from tax mills earmarked for county roads.
COUNTIES - LEGISLATIVE POWER - COUNTY COMMISSIONERS - INITIATIVE AND REFERENDUM - NO CONSTITUTIONAL OR STATUTORY PROVISION PROVIDING FOR DIRECT LEGISLATION BY COUNTY RESIDENTS
COUNTIES ‑- LEGISLATIVE POWER ‑- COUNTY COMMISSIONERS ‑- INITIATIVE AND REFERENDUM ‑- NO CONSTITUTIONAL OR STATUTORY PROVISION PROVIDING FOR DIRECT LEGISLATION BY COUNTY RESIDENTS (1) Under existing state law the residents of a county do not have the power to enact county-wide legislation by initiative. (2) The residents of a county do not have the power of referendum under existing state law in regard to ordinances or regulations duly enacted by a board of county commissioners.
OFFICES AND OFFICERS - COUNTIES - INCOMPATIBILITY OF OFFICES - CHAIRMAN OF COUNTY BOARD OF COMMISSIONERS AND COUNTY CIVIL DEFENSE DIRECTOR
OFFICES AND OFFICERS ‑- COUNTIES ‑- INCOMPATIBILITY OF OFFICES ‑- CHAIRMAN OF COUNTY BOARD OF COMMISSIONERS AND COUNTY CIVIL DEFENSE DIRECTOR Where a local civil defense organization as established by county ordinance under RCW 38.52.070 (1) is governed by a civil defense council consisting of the board of county commissioners and the mayor of each incorporated municipality in the county with the chairman of the board of county commissioners additionally serving as the chairman of the civil defense council, the chairman may not also serve as the civil defense director since the offices are incompatible.
COUNTIES - COMMISSIONERS - AUTHORITY TO FIX DAYS AND HOURS OF COUNTY OFFICERS - EXCEPTIONS
COUNTIES ‑- COMMISSIONERS ‑- AUTHORITY TO FIX DAYS AND HOURS OF COUNTY OFFICERS ‑- EXCEPTIONS The board of county commissioners of each of the counties in the state has the authority under state law to fix the days and hours that county offices shall be open; therefore the commissioners may establish by ordinance or resolution that county offices will be closed on any Friday or Monday when a county legal holiday falls on a weekend. However, the clerk's office and sheriff's office must remain open on all judicial days.
COUNTIES - COUNTY AUDITOR - RECORDING DOCUMENTS
Discretion of recording officer to decide whether to deliver or transmit recorded document a
COUNTIES - CITIES - PORT DISTRICTS - STATE AGENCIES - PUBLIC DISCLOSURE ACT - PUBLIC RECORDS
Applicability of public records sections of RCW 42.17 to associations comprised of counties, county officials, cities, and port districts While associations comprised of counties or local public officers are not “agencies” as defined in RCW 42.17.020, they could in certain circumstances be found to be “functional equivalents” of agencies for purposes of applying particular portions of the Public Disclosure Act; this would be greatly dependent on the facts of a particular case.
COUNTIES - TAXATION
Authority of rural county to use special sales tax revenues to pay for installation of fiber optic cable for privately–owned electrical utility 1. A county may not use revenue from taxes levied under RCW 82.14.370 to acquire or install fiber optic cable for a utility which provides cable service to the county but which is privately owned and operated. 2. RCW 82.14.370, in limiting the use of special sales tax revenue to “public facilities”, does not specify the extent to which an operation might be jointly owned or operated in a public/private partnership and still remain a “public facility”.
PARKS - CITIES AND TOWNS - COUNTIES - STATE PARKS AND RECREATION COMMISSION - AUTHORITY TO ACQUIRE AND OPERATE PUBLIC PARKS - JOINTLY OR INDIVIDUALLY WITHIN THE BOUNDARIES OF ANY MUNICIPALITY
PARKS ‑- CITIES AND TOWNS ‑- COUNTIES ‑- STATE PARKS AND RECREATION COMMISSION ‑- AUTHORITY TO ACQUIRE AND OPERATE PUBLIC PARKS ‑- JOINTLY OR INDIVIDUALLY WITHIN THE BOUNDARIES OF ANY MUNICIPALITY (1) A city or town may acquire and operate a public park located within the corporate limits of another city. (2) Two or more municipalities coming within the provisions of RCW 67.20.010 may jointly own or operate a public park located within the boundaries of one of the municipalities concerned. (3) A county may acquire and operate a park within a city. (4) A city or town may operate a park within the boundaries of a park and recreation district. (5) State parks and recreation commission may obtain land for park purposes located within a city or town without any special legislative authority.
COUNTIES - CITIES AND TOWNS - BUILDINGS
VALIDITY OF AMENDMENTS TO STATE BUILDING CODE The amendment to RCW 19.27.060 in § 10(1), chapter 360, Laws of 1985 applies prospectively to county or city amendments to the State Building Code involving single or multi-family residential housing and does not, therefore invalidate prior county or city amendments to the state code until and unless approved by the building code council.
COURTS - SUPERIOR COURT - COUNTY CLERK - COUNTIES
Authority of superior court to impose filing deadline on county clerk 1. A superior court has authority to adopt a rule requiring the county clerk to file papers within specified periods of time. 2. If a county clerk fails to file papers in court files within the time set forth in superior court rules, the court has several options for sanctions, including a specific order to perform the work or, in appropriate circumstances, an order holding the clerk in contempt; however, the court does not have authority to remove the clerk.
COUNTIES - STATUTES - TAXATION
GEOGRAPHICAL SCOPE OF COUNTY TAXATION AUTHORITY TO PROVIDE EMERGENCY SERVICES COMMUNICATIONS SYSTEM The provisions of RCW 82.14B.010, et seq. , authorize a county, in imposing an excise tax on the use of telephone lines in order to provide an emergency services communications system, to do so within incorporated cities and towns as well as the unincorporated areas of the county.
TAXATION - SALES AND USE TAX - COUNTIES
Authorized uses of local option sales and use tax authorized under RCW 82.14.370 1. A county may use the local option sales and use tax authorized under RCW 82.14.370 for any of the following purposes if the activity in question relates to a public facility as defined in the statute: capital facilities costs, including acquisition, construction, rehabilitation, alteration, expansion, or improvements of public facilities; costs of development and improvement for the public facilities; project-specific environmental costs; land use and permitting costs; costs of site planning and analysis; project design, including feasibility and marketing studies and plans, and debt and revenue impact analysis.
COUNTIES - CONSOLIDATION - LEGISLATION WITH VOTER APPROVAL
COUNTIES ‑- CONSOLIDATION ‑- LEGISLATION WITH VOTER APPROVAL The legislature may without violating the state constitution enact legislation providing for the consolidation of Benton and Franklin counties with the approval of a majority of the voters of each county.
COUNTIES - CITIES AND TOWNS
ADOPTION OF IDENTICAL ORDINANCES ‑- AGREEMENT FOR COUNTY TO ENFORCE BOTH ORDINANCES An incorporated town within the county may by means of an ordinance adopt regulations identical to those of the county and then enter into an agreement for the enforcement of the town's regulations by county employees for which the town must pay true and full value to the county.
COUNTIES - FEES - FRANCHISES - IMPOSITION OF COMPENSATORY FRANCHISE FEE BY COUNTY
COUNTIES ‑- FEES ‑- FRANCHISES ‑- IMPOSITION OF COMPENSATORY FRANCHISE FEE BY COUNTY Impose a reasonable franchise fee in return for the granting of a franchise to cable television company, and likewise, may also impose similarly reasonable fees for the various other kinds of franchises which are authorized to be granted by RCW 36.55.010.
COUNTIES - BUDGET ORDINANCE - HOME RULE COUNTY - COUNTY PROSECUTING ATTORNEY
EFFECT OF APPROPRIATION ON STATUTORY FUNCTIONS OF PROSECUTING ATTORNEY A legislative authority of a home rule county may condition its appropriation to the prosecuting attorney's office on a particular allocation of resources within the prosecuting attorney's office but may not, by its appropriation, effectively prevent the prosecuting attorney from performing statutory duties.
COUNTIES - ASSESSOR - TAXES - VALUATION OF PROPERTY
PRESUMPTION OF CORRECTNESS In an appeal to the State Board of Tax Appeals from a county board of equalization, the presumption of correctness established by RCW 84.40.0301 in valuation of property for taxation applies to the determination of the assessor, not that of the board of equalization.
COUNTIES - REDIVISION - SHORT SUBDIVISION
ADJUSTING BOUNDARY LINES The dividing of a lot in a previously approved subdivision into two halves with the intent that one‑half be sold and attached to an adjoining parcel outside the subdivision does not create a boundary line adjustment.
COUNTIES - BOARD OF COUNTY COMMISSIONERS - TOURIST PROMOTION - ADVERTISING RECREATIONAL FACILITIES - EXPENDITURE OF PUBLIC FUNDS
COUNTIES ‑- BOARD OF COUNTY COMMISSIONERS ‑- TOURIST PROMOTION ‑- ADVERTISING RECREATIONAL FACILITIES ‑- EXPENDITURE OF PUBLIC FUNDS The board of county commissioners of a county does not have the authority to expend public funds for tourist promotion by advertising the county in terms of recreational advantages and facilities to be found therein.
COUNTIES - WEED CONTROL BOARD - POLICE POWER - DEPARTMENT OF AGRICULTURE
Authority of counties to regulate noxious weeds without activating weed control boards 1. Chapter 17.10 RCW establishes weed control boards to regulate noxious weeds. RCW 17.10.040 sets out the procedure to activate a county noxious weed control board. When a weed control board has not been activated, a county can nevertheless regulate noxious weeds under the authority of chapter 17.10 RCW, but only when a weed control board has been ordered to activate by the director of the Department of Agriculture. A county may not continue without a weed control board for a second consecutive year. 2. Article 11, section 11 of the Washington Constitution grants counties broad police power related to the general welfare of the people. This authority must be consistent with laws enacted by the Legislature. The Legislature has enacted a comprehensive system to regulate noxious weeds. A county's exercise of authority to regulate noxious weeds under the police power would be inconsistent with this system. Therefore, a county may not regulate noxious weeds pursuant to its police power authority.
COUNTIES - COMMISSIONERS - SHERIFF - DEFENSE OF FALSE ARREST CASES - EXPENDITURE OF PUBLIC FUNDS
COUNTIES ‑- COMMISSIONERS ‑- SHERIFF ‑- DEFENSE OF FALSE ARREST CASES ‑- EXPENDITURE OF PUBLIC FUNDS A county can in a proper case (in this connection see AGO 61-62 No. 71 [[to Mark Litchman, State Representative on October 11, 1961]], and AGO 63-64 No. 118) provide legal services 61-62 No. 71, and AGO 63-64 No. 118) provide legal services for the sheriff and his deputies when they are sued as the result of an official act but this responsibility is not a statutory duty of the prosecuting attorney's office.
OFFICES AND OFFICERS - COUNTIES - BUDGET - CAPITAL OUTLAY FOR VARIOUS OFFICES
OFFICES AND OFFICERS ‑- COUNTIES ‑- BUDGET ‑- CAPITAL OUTLAY FOR VARIOUS OFFICES The board of county commissioners may not require all capital outlay for the various county offices to be budgeted under one capital outlay category in the board of county commissioners' budget.
CITIES AND TOWNS - COUNTIES - LANDLORD AND TENANT - PREEMPTION
Authority of Local Governments to Impose Rent Control RCW 35.21.830 and 36.01.130 preempt local governments from imposing rent controls on residential structures or sites. An ordinance that prohibits landlords from terminating residential tenancies by increasing rent is a type of rent control and is preempted by these statutes.
COUNTIES - CHANGE OF BOUNDARIES - TRANSFER OR ANNEXATION OF TERRITORY FROM ONE COUNTY TO ANOTHER - ENABLING LEGISLATION
COUNTIES ‑- CHANGE OF BOUNDARIES ‑- TRANSFER OR ANNEXATION OF TERRITORY FROM ONE COUNTY TO ANOTHER ‑- ENABLING LEGISLATION Under Article XI, § 3, of the Washington State Constitution, territory may be transferred from one county to another by (1) petition of the voters living in the territory to be transferred; and (2) compliance with general enabling legislation applicable to the entire state; however, since there is no existing enabling legislation, such legislation would have to be enacted for that purpose.
COUNTIES - ROADS - EASEMENTS - TAX SALE OF PROPERTY - COUNTY EASEMENT RESERVED
COUNTIES ‑- ROADS ‑- EASEMENTS ‑- TAX SALE OF PROPERTY ‑- COUNTY EASEMENT RESERVED A county may reserve county road easements over tax title property which it proposes to sell provided that the right to the easement is first acquired under the county's power of eminent domain or by purchase pursuant to RCW 84.64.320.
COUNTIES - COMMISSIONERS - VOUCHERS - TRANSMITTAL OR BLANKET METHOD OF APPROVAL - AUDITOR - AUTHORITY TO REJECT - LIMITED TO UNLAWFUL EXPENDITURE OR DEFECTIVE VOUCHER IN FORM OR SUBSTANCE
COUNTIES ‑- COMMISSIONERS ‑- VOUCHERS ‑- TRANSMITTAL OR BLANKET METHOD OF APPROVAL ‑- AUDITOR ‑- AUTHORITY TO REJECT ‑- LIMITED TO UNLAWFUL EXPENDITURE OR DEFECTIVE VOUCHER IN FORM OR SUBSTANCE (1) The transmittal or blanket method of voucher approval by which the approval of county vouchers by the board of county commissioners is indicated on a transmittal form attached to a group of vouchers rather than on the face of each is permitted under the laws of this state. (2) The county auditors do not have the authority to refuse to accept claims approved under the transmittal voucher approval system unless the particular expenditure authorized by the board of county commissioners is beyond its legal authority or unless the voucher is in some other respect defective in form or substance.
CRIMES - JUVENILES - SEX OFFENDERS - COUNTIES - DEPARTMENT OF CORRECTIONS
Financial responsibility for treatment of first time sex offenders who are charged before their eighteenth birthdays 1. When a person is charged with a sex crime before his or her eighteenth birthday and is later convicted and receives a "special sex offender sentencing alternative", the state Department of Corrections is financially responsible for any treatment associated with the sentencing alternative. 2. When a person is charged with a sex crime before his or her eighteenth birthday and is later convicted and receives a "special sex offender sentencing alternative", the financial obligation of the Department of Corrections to pay for treatment continues after the person reaches the age of eighteen.
COUNTIES - CITIES AND TOWNS - MUNICIPAL COURTS - INTERLOCAL COOPERATION ACT
Authority of county to decline to enter into contract with city or town to handle misdemeanor cases referred from city law enforcement agency RCW 39.34.180 does not obligate a county to enter into a contract with a city or town to handle, through the county’s court system, misdemeanor cases referred from the city or town’s law enforcement officers; however, once a county has agreed to enter into such an agreement, the county must submit to binding arbitration if no agreement is reached concerning the payments to be made under the agreement.
COUNTIES - ROADS AND BRIDGES - POWER TO CONSTRUCT - JOINT EXERCISE OF POWER BY SEVERAL COUNTIES
COUNTIES ‑- ROADS AND BRIDGES ‑- POWER TO CONSTRUCT ‑- JOINT EXERCISE OF POWER BY SEVERAL COUNTIES Counties may not jointly construct and finance a bridge to be located entirely within the territorial boundary of one county.
CITIES AND TOWNS - COUNTIES - LAW ENFORCEMENT WITHIN CITY - CONTRACT FOR SERVICES OF SHERIFF - REIMBURSEMENT TO COUNTY
CITIES AND TOWNS ‑- COUNTIES ‑- LAW ENFORCEMENT WITHIN CITY ‑- CONTRACT FOR SERVICES OF SHERIFF ‑- REIMBURSEMENT TO COUNTY Under existing law a county and a city located therein lacks the authority to enter into a contract whereby the sheriff will provide law enforcement services to the city on a contractual basis under the terms of which the city would reimburse the county for the men and services utilized.
COUNTIES - FUNDS - COUNTY ROAD FUND - CONSTRUCTION AND MAINTENANCE OF BICYCLE PATHS WITHIN CITY LIMITS
COUNTIES ‑- FUNDS ‑- COUNTY ROAD FUND ‑- CONSTRUCTION AND MAINTENANCE OF BICYCLE PATHS WITHIN CITY LIMITS A county may expend monies in its county road fund to construct and maintain bicycle paths, including a bicycle path within city limits on city-owned property not necessarily in conjunction with an existing or new street or road, where the construction of such a path or paths, by reducing bicycle traffic on such streets or roads, will thereby increase motor vehicle safety.
COUNTIES - TAXATION - MODIFICATION OF LOCAL SALES OR USE TAX FOR PUBLIC TRANSPORTATION
COUNTIES ‑- TAXATION ‑- MODIFICATION OF LOCAL SALES OR USE TAX FOR PUBLIC TRANSPORTATION A county which has heretofore imposed a local sales and use tax for public transportation under the provisions of (former) RCW 82.14.047, with voter approval, may now reduce the rate of that tax while at the same time reserving the right and authority again to increase the tax at a later date, without further voter approval, so long as the increased tax does not exceed the rate originally approved by the voters.
COUNTIES - CONSTITUTIONALITY - UNIFORMITY - COMMISSIONERS - NONCHARTER
INCREASE IN NUMBER BY VOTER APPROVAL A bill permitting the voters of noncharter counties with populations of 210,000 or more to increase the number of county commissioners from three to five is more likely than not unconstitutional.
COUNTIES - LAND USE REGULATIONS - ENVIRONMENTAL REGULATIONS - UNITED STATES - STATE AGENCIES
Authority of county to require federal and state agencies to follow county policies and procedures 1. A county lacks authority to require any agency of the United States to follow county policies or procedures in land use decisions or environmental regulation, except where Congress has specifically directed federal agencies to conform to local law. 2. A county lacks authority to require any agency of the State of Washington to follow county policies or procedures in land use or environmental regulation, except where state law, expressly or by necessary implication, requires state agencies to conform to county procedural or substantive requirements as to a particular agency decision.
COUNTIES - BOARD OF COMMISSIONERS - COUNTY ROAD FUND
BUILDING FOR ROAD EQUIPMENT AND OFFICE OF COUNTY ENGINEER The board of county commissioners may expend county road funds to construct a separate building on courthouse grounds for housing county road equipment and to provide office space for the county engineer.
WASHINGTON CITIZENS' COMMISSION ON SALARY FOR ELECTED OFFICIALS - COURTS - JUDGES - SALARIES AND WAGES - COUNTIES - CONSTITUTIONAL AMENDMENTS - ELECTIONS
Applicability of Amendment 78 to Part-time District Court Judges and Qualifications for Nonattorney to be Elected District Court Judge 1. Article 28 of the Washington Constitution (Amendment 78) provides that an independent salary commission shall set the salary for district court judges. With regard to part-time district court judges, the commission has set the salary based on the proportion of full-time work for which the part-time judge is authorized. The county legislative authority determines the proportion of work for which the part-time district court judge is authorized. 2. Prior to 1991 the commission had not established a salary for part-time district court judges. Amendment 78 provides that salaries in effect in 1987 shall remain in effect until changed by the commission. Thus, part-time district court judge salaries were set pursuant to RCW 3.58.020 until 1991 when the commission changed the salary. At that time, the salaries were properly set by the commission. 3. RCW 3.46.060 provides that a nonattorney can seek election as a district court judge under certain circumstances. A nonattorney district court judge can seek reelection if he or she is a registered voter of the district court district, and has been elected and has served as a district court judge. A nonattorney district court judge with these two qualifications can seek reelection even if the population of the district is between 5,000 and 10,000.
TAXATION - FEES - PLATTING AND SUBDIVISIONS - CITIES AND TOWNS - COUNTIES
FEES Where counties, cities, and towns charge fees for short plats in amounts designed to cover the actual cost of administering a regulatory program, such fees are authorized by statute and are not an improper form of taxation. However, where fees for short platting are designed to raise revenue over and above the actual costs of administering the regulatory program, the fees are a form of taxation in excess of the local government's statutory taxing power.
CRIMES - CITY AND TOWN ORDINANCES - CITIES AND TOWNS - COUNTY FUNDS - COUNTIES - COURTS
CITY AND TOWN ORDINANCES 1. !ih*If a city or town police officer arrests a person for a misdemeanor or gross misdemeanor violation of state law within the city or town limits and delivers that person to county authorities for prosecution, the county has no authority to charge the city or town for booking, jailing, or prosecution of the person, unless the city or town has agreed by contract to assume some of those costs.2. The Court Improvement Act of 1984 (Laws of 1984, Chapter 258) does not require cities and towns to agree to reimburse counties for costs of booking, jailing, or prosecution where the city or town chooses to charge persons for violations of state law, even where the city or town could have chosen to prosecute for parallel violations of city or town ordinance.3. Where a city or town has repealed a portion of its municipal code, defining a crime or crimes equivalent to offenses listed in RCW 46.63.020, but has not reached agreement with the county for apportionment of costs associated with those offenses, the county may not unilaterally assess costs against the city or town. The county may bring court action to force the city or town to meet its obligations under the Court Improvement Act of 1984 (Laws of 1984, Chapter 258), and may be entitled in appropriate cases to recoup portions of costs incurred since the effective date of the Act.
COUNTIES - CITIES - CITY - COUNTY CHARTERS - FREEHOLDERS - INCORPORATION - ANNEXATION
Options available to freeholders elected to present city-county charters 1. A board of freeholders elected pursuant to article 11, section 16 of the Washington Constitution to draft and present a proposed city-county charter may not instead draft a charter relating to the county only. 2. The state constitution requires that a city-county charter specifically provide for the legal status of cities within the new government's territory, and grants broad discretion to the voters in defining which, if any, of the powers and duties of existing cities would continue or change after adoption of a city-county charter. 3. Cities remaining in existence in a city-county operating under a city-county charter retain authority to annex territory, only if and only to the extent that the charter grants such authority. 4. All of the voters of a county may vote on the adoption of a proposed city-county charter, including those residing within any incorporated cities in the county. 5. A board of freeholders lacks authority to use public funds or property to advocate or promote adoption of a city-county charter after it has been drafted and submitted pursuant to the constitution; however, the acts of soliciting and recording public opinion, drafting, debating, deliberating, selecting options, and submitting a charter to the county are all specifically implied by the freeholders' constitutional role and do not constitute an unlawful use of public property.
COURT REPORTERS - COURT COSTS - COUNTIES - COUNTY TREASURERS
Retention of costs recovered from litigants for preparing transcripts of court proceedings 1. Official court reporters are entitled to retain any fees earned from transcribing the records of court proceedings, as compensation in addition to the salary provided in RCW 2.32.210. 2. A county may not lawfully reduce an official reporter's salary by the amount of transcription fees collected by the reporter. 3. A superior court clerk may not lawfully retain fees collected under RCW 2.32.240 for transcription services; such fees are to be deposited in the county treasury. 4. Persons employed to electronically record superior court proceedings pursuant to Civil Rule 80(b) may or may not be entitled to retain fees paid for transcription services; this is a term of employment to be determined by the county employing the recorder. 5. The county, not the state, is responsible for paying necessary transcription or tape copying costs for superior court proceedings involving indigent criminal defendants.
COUNTIES - COUNTY TREASURERS - NOXIOUS WEED CONTROL BOARDS - MOSQUITO CONTROL BOARDS
Authority of county treasurers to collect service charges for special assessments 1. County treasurers are authorized to collect a service fee for collecting "special assessments, fees, rates, or charges" as defined in RCW 36.29.180, but not for general taxes. 2. Mosquito control district assessments authorized under RCW 17.28.255 are "special assessments, fees, rates, or charges" and a county treasurer may charge the district a service fee for collecting such assessments. 3. Assessments levied by a county legislative authority for noxious weed control under RCW 17.10.240 do not constitute "special assessments, fees, rates, or charges" under RCW 36.29.180, because they are levied by the county itself and not by a special district; therefore, the county treasurer has no authority to charge a service fee for collecting such assessments. 4. RCW 43.09.210, which generally requires that one local or state agency or fund be compensated for services performed for another, is superseded by more specific statutes for purposes of determining a county treasurer's authority to charge service fees for tax and assessment collection and related services.
COUNTIES - INTERLOCAL COOPERATION ACT - TAXATION
INTERLOCAL COOPERATION ACT A county may not, through an interlocal cooperation agreement with a city or other municipal corporation, use county revenue generated under the tax imposed pursuant to RCW 82.46.010(1) to fund capital improvements on property owned by the city or municipal corporation, unless the county can show that the improvements relate to a county function or serve a county purpose.
SHORELINES MANAGEMENT ACT - COUNTIES - SHORELANDS
COUNTIES A county does not have authority, either under chapter 36.70 RCW or under article 11, section 11 of the state constitution, to impose greater restrictions on aquaculture developments located in areas designated as shorelines of statewide significance, than those standards adopted by the state and relevant local governments pursuant to chapter 90.58 RCW, the Shorelines Management Act of 1971.
COUNTIES - EMPLOYEES - TRAVEL EXPENSES - REIMBURSEMENT IN LIEU OF ACTUAL EXPENSES - ORDINANCE OR RESOLUTION FIXING AMOUNTS
COUNTIES ‑- EMPLOYEES ‑- TRAVEL EXPENSES ‑- REIMBURSEMENT IN LIEU OF ACTUAL EXPENSES ‑- ORDINANCE OR RESOLUTION FIXING AMOUNTS Under § 2, chapter 116, Laws of 1965, the board of county commissioners is authorized to pass an ordinance or resolution fixing the amounts to be paid county employees for reimbursement of travel expenses incurred in the performance of their officially assigned duties. Travel expense authorization may include transportation, lodging and meals and other expenses necessarily incurred in the course of travel which are not gratuitous or purely personal in nature.
TREASURER - COUNTIES - CITIES - PUBLIC FUNDS - DELEGATION OF POWERS - INVESTMENTS - LETTER OF CREDIT
DEBT LIMITATIONS 1.When RCW 39.59.020(4) authorizes municipal treasurers to invest in " . . . any investments authorized by law for the treasurer of the state of Washington ..." and the state treasurer is authorized by law to invest in commercial paper by RCW 43.84.080(7) but only to the extent consistent with the policy of the State Investment Board, the legal limitations on the state and on municipal treasurers are confined to formally adopted policies of the State Investment Board, and neither the state nor municipal treasurers are bound by State Investment Board policies which are informal or unwritten.2.A municipal treasurer may not lawfully delegate authority to redeem warrants to a banking institution or other party outside the treasurer's office.3.A municipal treasurer may lawfully secure a line of credit for warrant redemption with a bank, to the extent permitted by RCW 220.127.116.11.A municipal treasurer may in certain circumstances secure a letter of credit from a bank for warrant redemption purposes, but only to guarantee payment of warrants the treasurer is statutorily authorized to pay.5.A letter or line of credit is a contingent liability and does not constitute a borrowing by a municipal corporation for purposes of applying constitutional or statutory debt or borrowing limitations; the borrowing occurs if the letter of line of credit is actually drawn down.
COUNTIES - PUBLIC OFFICER COMPENSATION - COUNTY COMMISSIONERS
MIDTERM INCREASES IN COMPENSATION The Legislature clearly intended, by amending RCW 41.04.190 in 1983, to authorize county commissioners to accept increases in health benefits on a midterm basis; the Attorney General will not comment on the constitutionality of the 1983 amendments.
JUDGES - COUNTIES - OFFICES AND OFFICERS - COMPENSATION
JUDGES ‑- COMPENSATION ‑- OFFICES AND OFFICERS ‑- COUNTIES 1.A county may lawfully eliminate its provision of medical, dental, and life insurance benefits to its superior court judges when the judges, who are also state officers, receive similar benefits from the state.2.Where superior court judges as state officers are receiving health and life insurance benefits from the state, a county is not legally required to provide superior court judges with the same type of benefits, whether or not the state benefits are as comprehensive as those offered by the county to its other officers and employees.
COUNTIES - 4TH CLASS - AUTHORITY TO CONSTRUCT AND OPERATE TOLL BRIDGES - WASHINGTON TOLL BRIDGE AUTHORITY - CONSTRUCTION OF FACILITIES - FEASIBILITY STUDIES BY COUNTIES INVOLVED
COUNTIES ‑- 4TH CLASS ‑- AUTHORITY TO CONSTRUCT AND OPERATE TOLL BRIDGES ‑- WASHINGTON TOLL BRIDGE AUTHORITY ‑- CONSTRUCTION OF FACILITIES ‑- FEASIBILITY STUDIES BY COUNTIES INVOLVED (1) A fourth class county does not have the authority to construct and operate a toll bridge. (2) Under the provisions of chapter 47.56 RCW, the Washington toll bridge authority may construct a toll bridge over a river constituting the boundary line between two counties of the state and over a route which would become a part of the county road system but not a state highway. (3) The two affected counties may participate in such construction. (4) Anticipating such construction and participation, the counties involved may not, as a feasibility study, impose a present toll on a presently existing bridge in the immediate vicinity of the proposed new bridge with an understanding that if the proposed facility is not built, the tolls thus collected would be applied to maintenance and repair of the existing facility.
COUNTIES - ROADS - ACQUISITION OF RIGHT OF WAY - PARKING SPACE
COUNTIES ‑- ROADS ‑- ACQUISITION OF RIGHT OF WAY ‑- PARKING SPACE In acquiring right of way for a county road, a county may acquire a strip of land sufficient in width to provide an adjacent and contiguous parking area to relieve anticipated traffic congestion along that particular portion of the roadway.
MUNICIPAL JUDGES - MUNICIPAL COURTS - MUNICIPAL DEPARTMENTS - CITIES - COUNTIES - ELECTIONS - FILLING VACANT MUNICIPAL COURT OR MUNICIPAL DEPARTMENT POSITIONS
MUNICIPAL JUDGES - MUNICIPAL COURTS - MUNICIPAL DEPARTMENTS - CITIES -COUNTIES - ELECTIONS - FILLING VACANT MUNICIPAL COURT OR MUNICIPAL DEPARTMENT POSITIONS 1. If a vacancy occurs in a municipal court position established under Chapter 35.20 RCW (cities of over four hundred thousand population), or Chapter 3.50 RCW (all other cities), the vacancy will be filled by appointment for the remainder of the term, with no midterm special election. 2. If a vacancy occurs in a municipal department of a district court operating pursuant to Chapter 3.46 RCW, the vacancy in the district court position will be filled by appointment by the county legislative authority with subsequent special election for the remainder of the term served (but any such election must occur only in an even-numbered year); the city will subsequently decide which judges on the district court will be designated as municipal department judges. 3. If a city creates a new municipal court position or a new municipal department position, to take effect during the term prescribed by statute for such positions, the new position will be filled in the same manner as if a vacancy had occurred in an existing position in the same court. 4. If a city creates a new municipal court position pursuant to Chapter 3.50 of Chapter 35.20 RCW, effective as of the beginning of the next statutory term for such a judgeship, the initial judge will be chosen by election if it is a full-time position or a part-time position covered by RCW 3.50.055; otherwise, the city may elect to make the position elective or appointive. 5. If a city creates a new municipal department position within a district court pursuant to Chapter 3.46 RCW, and the judge is to serve the municipal department full-time, and the position will take effect with the beginning of the next term for district court judges, the initial judge will be nominated and elected in the manner for district court judges but with only electors of the city voting for the position. 6. If a city creates a new municipal department position within a district court pursuant to Chapter 3.46 RCW, to take effect with the beginning of the next term for district court judges, and the judge is to serve the municipal department part-time, the city may either designate an existing district judge to serve the municipal department, or provide that a new district judge nominated and elected by the judicial district will serve in the new municipal department position.
COUNTIES - BOUNDARIES - LOCATION OF DISPUTED, UNCERTAIN OR AMBIGUOUS LINES - POWER OF LEGISLATURE - CREATION OF BOUNDARY LINE COMMISSION
COUNTIES ‑- BOUNDARIES ‑- LOCATION OF DISPUTED, UNCERTAIN OR AMBIGUOUS LINES ‑- POWER OF LEGISLATURE ‑- CREATION OF BOUNDARY LINE COMMISSION (1) Existing statutory procedures set forth in RCW 36.04.400 and in RCW 36.05.010-36.05.080 do afford a legally sufficient means of establishing the location of disputed county boundary lines; however, this is not to say that these procedures possess optimum practical utility in view of the nature and extent of potential county boundary disputes. (2) The legislature may constitutionally create a county boundary line commission (in the general form provided for by House Bill No. 157) for the purposes set forth in your second question, as paraphrased. (3) The legislature may amend existing statutes describing the boundaries of county boundaries for the sole purpose of removing ambiguities and clarifying uncertainties, without violating the prohibition in Article II, § 28 (18). (4) The legislature may vest a boundary line commission with the power to hear and decide county boundary disputes and, by order, to conclusively locate and establish disputed county boundary lines on a prospective basis ‑ subject to compliance with pertinent criteria regarding the delegation of "quasi-judicial" power. (5) The legislature could, as a part of such legislation, preclude review in the courts by any of the counties involved or any citizen residing in the area affected, as to the prospective application of the true county boundary lines established by the boundary commission's order; however, no such administrative order could have the effect of determining private property rights required prior to the final adjudication of the true county boundaries.
TAXATION - PROPERTY - COUNTIES - BOARD OF EQUALIZATION
Authority of County Board of Equalization to Equalize the Assessment of Property 1. RCW 84.48.010 authorizes the county board of equalization to equalize the assessment of the property in the county. The board has the authority to equalize property on the assessment role on its own motion, even if the property has not been revalued in the current year. 2. If the board of equalization equalizes the value of property on the assessment role, that was not revalued during the current year, the board must measure the value of that property against the fair market value in the assessor's revaluation year in which the property was valued.
CITIES AND TOWNS - COUNTIES - COURTS - JUDGES
Establishment of Municipal Courts and Termination of a Municipal Department of the District Court 1. RCW 3.46.150 provides that a city may give notice to the county legislative authority to require termination of a municipal department of the district court. The municipal department is terminated through amendment to the county's district court districting plan. 2. District court judge who had been serving in a municipal department of the district court remains a district court judge following termination of the municipal department until he or she vacates the position prior to the end of his or her term, or the term expires. 3. The term of office for a judge of a municipal court established by city ordinance is four years.
GROWTH MANAGEMENT ACT - DEPARTMENT OF HEALTH - BOARD OF HEALTH - BUILDINGS - COUNTIES - STATE BUILDING CODE - WATER
Requirement of Adequate Water Supply Before a Building Permit is Issued 1. RCW 19.27.097 provides that an applicant for a building permit must provide evidence of an adequate supply of potable water. The authority to make this determination is the local agency that issues building permits. 2. The Legislature has authorized the Board of Health to establish, and the Department of Health to enforce, a comprehensive regulatory scheme for public water systems. In determining whether water to be supplied from a public water system constitutes an adequate water supply for purposes of RCW 19.27.097, the local agency issuing building permits must apply the standards set by the Board of Health. 3. If water is not supplied from a public water system, the local agency issuing building permits has more discretion to determine if the water supply is adequate for purposes of RCW 19.27.097. At a minimum, there must be sufficient quality and quantity of water for the intended purpose of the building.
OFFICES AND OFFICERS - STATE - COMMISSIONER OF PUBLIC LANDS - FRANCHISES - HIGHWAYS - COUNTIES - NECESSITY FOR ADDITIONAL COMPENSATION WHERE RIGHT OF WAY GRANTEE OF PUBLIC LANDS GRANTS SECONDARY FRANCHISE USE
OFFICES AND OFFICERS ‑- STATE ‑- COMMISSIONER OF PUBLIC LANDS ‑- FRANCHISES ‑- HIGHWAYS ‑- COUNTIES ‑- NECESSITY FOR ADDITIONAL COMPENSATION WHERE RIGHT OF WAY GRANTEE OF PUBLIC LANDS GRANTS... Where the commissioner of public lands, pursuant to RCW 79.01.340, has granted a right of way across public lands to the state highway department, or to a board of county commissioners, for the establishment and construction of a road or street, and has received legally required compensation therefor, the right of way grantee may, in turn, grant a franchise to a public utility for power lines, telephone and telegraph lines, gas lines, water mains, or sewer lines without the payment of additional compensation to the commissioner.
OFFICES AND OFFICERS - SECRETARY OF STATE - FEES - COUNTIES - MOTOR VEHICLES
OFFICES AND OFFICERS ‑- SECRETARY OF STATE ‑- FEES ‑- COUNTIES ‑- MOTOR VEHICLES (1) A county, as a plaintiff commencing suit against a nonresident motorist under RCW 46.04.040, is liable for payment of the fee provided for by this statute when making service on the secretary of state. (2) A prosecuting attorney is required to pay the fees provided for by RCW 43.07.120 when he requests copies or certification of corporate documents from the secretary of state, except where the documents of certification are supplied in connection with a prosecution under a law which it is the duty of the secretary of state to administer and enforce.
DEPARTMENT OF NATURAL RESOURCES - FOREST PRACTICES BOARD - DEPARTMENT OF ECOLOGY - CITIES AND TOWNS - COUNTIES - FOREST LAND - ZONING
Conversion of Forest Land to a Use Other Than Commercial Timber Production 1. RCW 76.09.060(3) provides that a forest practices application shall indicate whether any land covered by the application will be converted or is intended to be converted to a use other than commercial timber production within three years after completion of the forest practices described in it. If the application does not state conversion is intended, for six years after the date of the application, a local government may deny all applications for permits or approvals relating to nonforestry uses of land subject to the application. 2. If a prior landowner did not indicate an intention to convert land to a use other than commercial timber production, RCW 76.09.060 empowers a local government to deny application for permits or approvals relating to nonforestry uses of land subject to the application filed by a subsequent owner of the land for six years after the date of the application by the prior landowner. 3. If a local government does not exercise its authority to deny applications for permits or approvals relating to nonforestry uses of land pursuant to RCW 76.09.060, a new landowner may convert the land to a use incompatible with timber growing, assuming such a change is lawful in other respects. 4. If a local government does not exercise its authority to deny applications for permits or approvals relating to nonforestry uses of land pursuant to RCW 76.09.060, a new forest practices application is necessary if the activity is a forest practice for which a forest practices application is required.
COUNTIES - ORDINANCES - POLICE POWER - MOTORBOATS - REGISTRATION REQUIREMENT
COUNTIES - ORDINANCES - POLICE POWER - MOTORBOATS - REGISTRATION REQUIREMENT Under existing federal and state law, there is considerable doubt as to the authority of a county when enacting an ordinance establishing regulations pertaining to speed and manner of operation of motorboats to include therein a provision that motorboats may not be used on waters of the particular county unless numbered in accordance with a registration requirement of that county or of some other county or state having a similar registration requirement.
OFFICES AND OFFICERS - COUNTIES - FIRST, SECOND OR THIRD CLASS - SHERIFF - APPOINTMENTS OUTSIDE CLASSIFIED CIVIL SERVICE - JAILER - HEAD JAILER
OFFICES AND OFFICERS - COUNTIES - FIRST, SECOND OR THIRD CLASS - SHERIFF - APPOINTMENTS OUTSIDE CLASSIFIED CIVIL SERVICE - JAILER - HEAD JAILER The only positions which are outside the classified civil service in the sheriff's office of a first, second or third class county are the positions of sheriff and three principal positions comparable to undersheriff, a chief criminal deputy and a chief civil deputy; accordingly, the sheriff of such a county may not fill the position of jailer or head jailer by appointment outside the classified civil service except to the extent that he may designate himself, or his undersheriff, chief criminal deputy or chief civil deputy as jailer or head jailer.
COURTS - INTERPRETERS FOR COURT PROCEEDINGS - CITIES AND TOWNS - COUNTIES
COURTS ‑- COUNTIES ‑- CITIES AND TOWNS ‑- INTERPRETERS FOR COURT PROCEEDINGS 1.The 1985 amendments to chapter 2.42 RCW, codified as RCW 2.42.110 through .180 [2.42.180], relate only to interpreter services for the hearing impaired.2.The pre‑1985 portions of chapter 2.42 RCW, codified as RCW 2.42.010 through 2.42.050, apply only to interpreter services for persons with speech defects or non-English speaking cultural backgrounds, except that RCW 2.42.050 applies also to interpreter services for the hearing impaired.3.With respect to criminal proceedings, the government whose officer is responsible for initiating the proceeding, usually the county, is responsible for the cost of providing the interpreter as defined in RCW 2.42.040.
PUBLIC RECORDS - MUNICIPAL BONDS - MUNICIPAL CORPORATIONS - COUNTIES
PUBLIC RECORDS ‑- COUNTIES ‑- MUNICIPAL CORPORATIONS ‑- MUNICIPAL BONDS Where a county sells municipal bonds to an underwriter to finance a public works project, and subsequent sales of the bonds are made with the identities of the bondholders known only to a registrar appointed pursuant to RCW 43.80.125(1), and the registrar is not a public agency but a bank or trust company as required by statute, and the county has never prepared, possessed, used, or retained any list of bondholders, the records identifying such bondholders are not obtainable from the county through a public records request made pursuant to chapter 42.17 RCW.
CITIES AND TOWNS - CHARTERS - AMENDMENT - COUNTIES - AUDITOR - ELECTIONS
Requirements for Placing a City Charter Amendment on the Ballot In a charter city or charter code city the qualified voters may petition, asking for the adoption of a charter amendment. If the petition meets the requirements of the statute, it will be placed on the ballot at the next general election. It is not necessary under state law for a city council to pass a resolution directing the county auditor to place on the ballot a city charter amendment proposed by the people.
INDUSTRIAL INSURANCE - COUNTIES - CRIMES - LIABILITY OF COUNTY FOR COLLECTION AND REMITTANCE TO ACCIDENT AND MEDICAL AID FUNDS - PENALTY FOR UNLAWFUL ISSUANCE OF BUILDING PERMITS
INDUSTRIAL INSURANCE - COUNTIES - CRIMES - LIABILITY OF COUNTY FOR COLLECTION AND REMITTANCE TO ACCIDENT AND MEDICAL AID FUNDS - PENALTY FOR UNLAWFUL ISSUANCE OF BUILDING PERMITS (1) Where a county has entered into a contract with a contractor for the performance of work by employees of the contractor which comes within the provisions of the industrial insurance (workmen's compensation) laws, the county is liable to the state of Washington for collection and remittance of monies due to both the industrial insurance accident fund and the industrial insurance medical aid fund on account of such work. (2) Where a county issues a construction building permit in violation of the provisions of chapter 20, Laws of 1965, Ex. Sess., (RCW 51.12.070) the county itself is not subject to a criminal penalty; however, if the violation is wilful, the county employee issuing the permit may be prosecuted for commission of a misdemeanor under RCW 42.20.100; in addition, the county may be liable to the state for resulting unpaid industrial insurance premiums depending upon the facts of a particular case.
COUNTIES - TAXATION - LEASES - COUNTY STADIUM FINANCING UNDER CHAPTER 236, LAWS OF 1967
COUNTIES - TAXATION - LEASES - COUNTY STADIUM FINANCING UNDER CHAPTER 236, LAWS OF 1967 (1) Under the provisions of chapter 236, Laws of 1967, a class AA county may enter into a lease agreement with private parties pursuant to which such parties would acquire real property and construct thereon a public stadium with associated facilities and upon completion of construction thereof lease the same to the county as lessee with the county's obligation to make rental payments over the term of the lease being secured by a pledge of the proceeds of the two percent excise tax on lodgings authorized by § 11 of the act. (2) Such a county, having entered into such a lease agreement, may thereafter sublease the stadium and use the rental revenues derived from the sublease for the purpose of making the rental payments due under the primary lease; however, the county is not authorized to specifically pledge or assign such revenues for this purpose. (3) Such a county may enter into a long-term lease of such a stadium, as lessee, provided (a) that the rental obligations can be met out of current revenues and (b) that it is good business for the county to enter into a long-term lease; the county may then sublease the stadium for such period and under such terms and conditions as the board of county commissioners may determine. …
GROWTH MANAGEMENT ACT - COUNTIES - CITIES AND TOWNS
Applicability of the Growth Management Act to Cities Located in More Than One County 1. RCW 36.70A.040 provides that if a county is required or chooses to adopt comprehensive land use plans and development regulations under the Growth Management Act, each city located within the county must also adopt comprehensive land use plans and development regulations under the Act. This requirement applies to cities located partially within a county planning under the Act and partially within another county.2. A city that adopts comprehensive land use plans and development regulations because it is partially located in a planning county must adopt plans and regulations for the entire city, even that part of the city located within a county that is not planning under the Act.
COUNTIES - CITIES AND TOWNS - CONSTITUTIONAL AMENDMENTS - DEBT - TAXATION - INDEBTEDNESS AND TAXATION OF COMBINED CITY AND COUNTY MUNICIPAL CORPORATION
COUNTIES - CITIES AND TOWNS - CONSTITUTIONAL AMENDMENTS - DEBT - TAXATION - INDEBTEDNESS AND TAXATION OF COMBINED CITY AND COUNTY MUNICIPAL CORPORATION (1) In the event of formation of a combined city and county municipal corporation, as provided for by Article XI, § 16 (Amendment 23) of the Washington constitution, such municipality would be a single municipal corporation for purposes of measuring its limitation upon indebtedness under Article VIII, § 6 (Amendment 27) of the constitution. (2) Article VII, § 1 (Amendment 14) of the Washington constitution would require that taxes levied by such a combined city and county municipal corporation ". . . be uniform upon the same class of property within the territorial limits of . . ." such combined county and city. (3) The legislature, as part of an act providing for the formation of a combined city and county municipal corporation, could authorize the formation of subsidiary units which would be analogous to the community municipal corporations authorized by chapter 73, Laws of 1967.
COUNTIES - FOREST - TAXATION - DISTRICTS - DISTRIBUTION AND PRORATION OF STATE FOREST LAND REVENUES
COUNTIES - FOREST - TAXATION - DISTRICTS - DISTRIBUTION AND PRORATION OF STATE FOREST LAND REVENUES Where state forest land revenues are distributed to a county by the department of natural resources under the provisions of RCW 76.12.030 and 76.12.120, they are to be prorated and paid to the various taxing unit funds which would receive real property taxes from the state forest land producing the revenues if those lands were in private ownership, in the same manner that general taxes, including excess tax levies, are paid and distributed by the county, as tax collector, during the year of payment.
COURTS - JUDGES - COUNTIES - APPOINTMENT OF COURT COMMISSIONERS IN MULTICOUNTY JUDICIAL DISTRICTS UNDER CHAPTER 87, LAWS OF 1967, EX. SESS.
COURTS - JUDGES - COUNTIES - APPOINTMENT OF COURT COMMISSIONERS IN MULTICOUNTY JUDICIAL DISTRICTS UNDER CHAPTER 87, LAWS OF 1967, EX. SESS. Under the provisions of RCW 2.24.010, as amended by chapter 87, Laws of 1967, Ex. Sess., the superior court judge or judges of a multicounty judicial district may, in his or their discretion, continue to appoint a court commissioner for each county situated within the judicial district or, in the alternative, appoint a single court commissioner to serve the entire judicial district.
DEPARTMENT OF AGRICULTURE - CITIES AND TOWNS - COUNTIES - AGRICULTURE - PREEMPTION - PESTICIDE
State Preemption of Local Authority to Regulate Pesticide 1. Chapter 17.21 RCW authorizes the Department of Agriculture to regulate pesticide application and use. This chapter preempts cities and counties from regulating pesticide application and use, except the first class cities and the counties in which they are located can regulate structural pest control operators, exterminators, and fumigators. 2. Chapter 15.58 RCW authorizes the Department of Agriculture to regulate formulation, distribution, storage, and disposal of pesticides. This chapter does not preempt cities and counties from regulating these activities, so long as the local regulations do not conflict with state law.
DIKING, DRAINAGE, AND FLOOD CONTROL - SPECIAL ASSESSMENTS - COUNTIES - DISTRICTS
DIKING, DRAINAGE, AND FLOOD CONTROL ‑- DISTRICTS ‑- COUNTIES ‑- SPECIAL ASSESSMENTS 1.Chapter 85.38 RCW authorizes "special assessments" which may be imposed only on property specially benefitted in accordance with article 7, section 9, of the Washington Constitution as interpreted in case law; this chapter does not authorize the imposition of "rates and charges" based on some standard other than special benefit.2.Assessments made under chapter 85.38 [RCW] must be based on the special benefit conferred by a public work or activity on particular property, and may not lawfully be based on the extent of use of public services or other criteria.
TAXATION - PUBLIC FUNDS - COUNTIES - CITIES AND TOWNS - TOURISM - USE OF EXCISE TAXES LEVIED UNDER RCW 67.28.210 FOR PRODUCTION AND SALE OF SHIRTS PROMOTING LOCAL COMMUNITY EVENT
TAXATION - PUBLIC FUNDS - COUNTIES - CITIES AND TOWNS - TOURISM - USE OF EXCISE TAXES LEVIED UNDER RCW 67.28.210 FOR PRODUCTION AND SALE OF SHIRTS PROMOTING LOCAL COMMUNITY EVENT 1. The term "tourist expansion" as used in RCW 67.28.210 refers to activities designed to increase tourism and tourist activity in a given geographical area. 2. RCW 67.28.210 does not generally permit counties or cities to use tax revenues generated thereunder for the production or resale of shirts containing the logo of an annual community event; however, the proviso added to the statute by Laws of 1995, Ch. 290, section 1 does permit the proceeds to be used for advertising and promotional materials, which might include promotional shirts, where the conditions set forth in the proviso are met. 3. RCW 67.28.210 governs the expenditure of revenues authorized by its language; RCW 35.21.700 is a more general statute covering expenditure by cities of other available revenues.
COUNTIES - ROADS - POLICE POWERS - INTERLOCAL COOPERATION ACT
Authority of non-charter county to maintain federally-owned roads not open to the general public 1. Federally-owned roads which are closed to the general public are not "county roads" and a non-charter county therefore lacks authority to maintain such roads with state and county funds. 2. A county has authority, if it chooses, to set and enforce traffic signals on federally-owned roads within the county, except where superseded by federal law; however, the county has no obligation to set and enforce traffic signals on such roads because they are not "county roads" as defined in state law. 3. A county may contract with an agency of the United States to maintain federally-owned roads within the county, or to set and enforce traffic controls for such roads, in return for payment by the federal agency of the costs incurred by the county in performing such services. 4. A county may use "county road property tax revenues" as defined in statute, after diverting them to the current expense fund pursuant to law, for setting and enforcing traffic controls on federally-owned roads within the county. 5. For purposes of allocating the state motor vehicle fuel tax under RCW 46.68.120, .122, and .124, federally-owned roads in a county which are closed to the general public are not "county roads" and should not be considered in making the allocation. 6. A county which deposited revenues from the county road property tax levy into its current expense fund to pay the expenses related to setting and enforcing traffic controls on federally-owned roads within the county would not thereby lose its eligibility to receive state funding under such statutes as RCW 36.79.140.
WATER - DEPARTMENT OF ECOLOGY - DEPARTMENT OF HEALTH - CITIES - COUNTIES - DISTRICTS
Interpretation of legislation recognizing interties between public water supply systems 1. The procedure established in RCW 90.03.383(3) for modifying a water right permit based on an intertie between public water supply systems applies only to interties existing and in use on January 1, 1991. 2. Under RCW 90.03.383(3), when the Department of Ecology processes a change in place of use occasioned by an intertie between public water supply systems, the resulting permit(s) should show the quantity of water delivered through the intertie as well as the change in place of use. 3. Under RCW 90.03.383(4), the Department of Ecology's scope of inquiry is whether each system's use is within the annual and instantaneous withdrawal rate specified in its water right authorization and whether the exchange or delivery through the intertie adversely affects existing water rights.
STATE - CITIES AND TOWNS - COUNTIES - TREASURER - FUNDS - INVESTMENTS - PUBLIC FUNDS
Ability of state and local governments to invest in commercial paper 1. Article 8, sections 5 and 7, and article 12, section 9 of the Washington Constitution prohibit gifts or loans of public money or credit and the acquisition of interests in private stocks or bonds. 2. RCW 43.84.080(7) authorizes the state treasurer, under certain circumstances, to invest public funds in commercial paper. RCW 39.59.020 empowers local governments to make investments authorized by law for the state treasurer. 3. Under article 8, sections 5 and 7, and article 12, section 9 of the Washington Constitution, state and local governments can invest in commercial paper purchased on the secondary market.
CITIES AND TOWNS - COUNTIES - COURTS - TRAFFIC INFRACTIONS - MOTOR VEHICLES - DEPARTMENT OF LICENSING
Ability of district courts to require attendance at a traffic school 1. RCW 46.83.050 provides when a court finds that a person has committed a traffic infraction, the person may be required to attend a traffic school as part of the sentence imposed or as a condition for suspension or deferral of the sentence. However, the court does not have the authority to defer making a finding that a traffic infraction has been committed and then order the person to attend traffic school as a condition of dismissing the charge. 2. RCW 46.63.151 provides no costs may be awarded to either party in a traffic infraction case, except for certain costs related to failure to provide proof of financial responsibility pursuant to RCW 46.30.020(2). A court cannot require the payment of costs as a condition of dismissing a traffic infraction charge. 3. If a court enters a finding that a person has committed a traffic infraction, RCW 46.20.270(2) requires the court to forward an abstract of that finding to the Department of Licensing. RCW 46.52.120(1) requires the Department to keep this record, and RCW 46.52.130 authorizes the Department to furnish this record to certain insurance carriers. If the court does not enter a finding that a traffic infraction has been committed, there is no requirement to furnish any information to the Department.
PLATTING AND SUBDIVISIONS - COUNTIES - CITIES AND TOWNS
Effect of 1969 Platting Act on land platted before enactment 1. The requirements of chapter 58.17 RCW, enacted in 1969 and relating to platting and subdivisions, apply to land platted before 1937 under chapter 58.08 RCW or its predecessor statutes. 2. Cities and towns may accept plats and subdivisions filed pursuant to the 1937 platting act (chapter 58.16 RCW, repealed in 1969), but are not obligated to do so.
REAL PROPERTY - TAXATION - COUNTIES - HOMESTEADS
Effect of homestead declaration and declaration of allodial ownership on property tax liability 1. A recorded declaration that a property owner holds real estate in "allodial freehold" is ineffective to exempt the real estate from property taxes levied under state law. 2. A declaration of homestead filed on real estate pursuant to chapter 6.13 RCW does not prevent the foreclosure and sale of real estate for unpaid property taxes, as property taxes are not "debts of the owner" and thus are not rendered exempt from execution by RCW 6.13.070.
COUNTIES - POLICE POWER - CRIMES - PRISONERS - JAILS - SENTENCES - COSTS
Authority of a county to charge a fee for booking prisoners sentenced to serve time in a county jail on intermittent days Counties have the authority to define certain local offenses and to prescribe penalties for their commission including the imposition of specific costs. Subject to certain limitations, a county may include as a cost a multiple booking fee imposed on persons convicted of such county offenses and sentenced to serve time in the county jail on intermittent days. Such a multiple booking fee could offset the cost to the county of processing the individual in and out of jail.2. A county does not have the authority to impose a multiple booking fee on individuals serving time in the county jail on intermittent days who have been convicted of violating a state statute. The Legislature, rather than the county, specifies the punishment for state crimes including costs.
COUNTIES - COUNTY AUDITOR - COUNTY TREASURER - RECORDING DOCUMENTS - TRUSTS - BUSINESS ORGANIZATIONS - TAXATION
Duty of county auditors and treasurers to record documents 1. Under current Washington case law, a county auditor or similar recording officer has a ministerial duty to record a document purporting on its face to affect title to real estate located within the jurisdiction, if the document is presented for recording and the appropriate fee is tendered. 2. “Non-statutory abatements" are not documents purporting to affect title to real property, and county officers have no duty to record such documents. 3. A county auditor or similar officer lacks authority to decline to record a document presented for recording, and otherwise qualifying to be recorded, based on doubt that the entity purporting to record the document has been lawfully created or constituted. 4. County auditors and recording officers have no duty to record documents purporting to establish "trusts;" such documents are not among those listed in statute as recordable. 5. Conveyance of real estate to a "Massachusetts trust" or other "business trust" does not affect the property tax liability for the real estate. 6. Conveyance of real estate to a private trust, in which the grantors and their family members or other designees are among the beneficiaries of the trust, does not affect the property tax liability for the real estate. 7. Where the owners of real estate transfer title to a trust or business organization without any change in the beneficial ownership of the property, the transfer is not a "sale" as defined in RCW 82.45.010 and is exempt from excise tax. 8. A county auditor or similar officer is prohibited from recording real estate transfer documents until the County Treasurer has affixed a stamp reflecting either that the taxes have been paid or that none are due. 9. A county treasurer or other officer has no authority to require that documents offered for recording be first submitted to the Prosecuting Attorney, the Department of Revenue, or the Attorney General's Office for review and comment, except that a county officer has a reasonable time to consult with the Prosecuting Attorney for advice concerning his or her duties.
STATE - COUNTIES - CITIES AND TOWNS - MUNICIPAL CORPORATIONS - PUBLIC FUNDS - RELATIONSHIP OF INTERGOVERNMENTAL DISPOSITION OF PROPERTY ACT TO RCW 43.09.210
STATE - COUNTIES - CITIES AND TOWNS- MUNICIPAL CORPORATIONS - PUBLIC FUNDS - Relationship of Intergovernmental Disposition of Property Act to RCW 43.09.210 1.When one government disposes of property to another government pursuant to chapter 39.33 RCW, RCW 43.09.210 requires that the transferring government receive "full value" for the transfer; "full value" has a flexible meaning depending on the circumstances of the transfer.2.RCW 39.33.020, which requires public notice and a hearing before a government disposes of property having a value of more than $50,000, applies only to intergovernmental transfers of property made pursuant to chapter 39.33 RCW.
COUNTIES - OFFICES AND OFFICERS - HEALTH - DISTRICTS - COUNTY COMMISSIONERS
Simultaneous service of one spouse as county commissioner while other spouse is administrator of the local Health Department in the same county RCW 42.23.030 does not prohibit the service of one spouse as a county commissioner (and ex officio local health board member) while the other spouse serves as administrative officer of the health department; these positions are both public offices and the compensation for them does not arise out of contract.
COUNTIES - CHARTERS - FREEHOLDERS
Authority of county officials to submit alternative provisions for proposed county charter to voters When the state constitution authorizes alternative provisions of a new county charter to be submitted to the voters, it refers exclusively to charter provisions drafted and submitted by the freeholders who have prepared the proposed charter; the law does not permit the county commissioners or any other person to submit alternative provisions to be voted on with the original proposal.
DISTRICT COURTS - DISTRICT JUDGES PRO TEMPORE - SALARY AND COMPENSATION - COUNTIES
Authority of district courts to employ pro tempore judges to handle excess workload 1. A district court judge lacks authority to engage a judge pro tempore to assist in handling an excess court workload.2. When a judge pro tempore serves a district court for more than 30 days in a year because of the absence of the regular judge owing to disqualification from hearing one or more cases, the salary of the regular judge must be reduced as specified in RCW 3.34.130(1), unless the judge's absence meets one of the exceptions specified in the statute.3. RCW 3.34.130, which generally requires a reduction in a district court judge's salary when a judge pro tempore serves in the judge's place for more than 30 days in a year, does not apply when a visiting judge from another court serves pursuant to RCW 3.34.140.
DISTRICTS - SCHOOLS - COUNTIES - INTERMEDIATE SCHOOL DISTRICTS - TRANSFER OF COUNTY FUNDS - COUNTY SUPPORT OF INTERMEDIATE SCHOOL DISTRICTS UNDER CHAPTER 176, LAWS OF 1969, EX. SESS.
DISTRICTS - SCHOOLS - COUNTIES - INTERMEDIATE SCHOOL DISTRICTS - TRANSFER OF COUNTY FUNDS - COUNTY SUPPORT OF INTERMEDIATE SCHOOL DISTRICTS UNDER CHAPTER 176, LAWS OF 1969, EX. SESS. (1) A board of county commissioners will be in compliance with § 18, chapter 176, Laws of 1969, Ex. Sess., if, during the remainder of the calendar year 1969, it pays to the intermediate school district in which it is located an amount equal to one half of the amount which the county appropriated to the budget of its county superintendent of schools for the entire year 1969. (2) A county's payments to the intermediate school district in which it is located, as provided for in § 18, chapter 176, Laws of 1969, Ex. Sess., may be transmitted on a monthly basis rather than being made in the form of a single lump sum payment. (3) A county's payments to the intermediate school district in which it is located may be made by county warrants drawn upon the county current expense fund. (4) In making the payment from its current expense fund to the intermediate school district in which it is located, a county is not authorized to withhold from the amount to be paid a sum sufficient to pay the salary of its county superintendent of schools during the remainder of his term of office. (5) The board of county commissioners of the county which is providing office facilities for an intermediate school district may not require the district to make payment to the county for the use of these facilities. (6) A board of county commissioners may not charge an intermediate school district for the services rendered to the district by its county prosecutor, treasurer, or auditor. (7) It is permissible for an intermediate school district, in accordance with its own budget, to pay one of its employees a salary in excess of the amount which was budgeted for that employee, as a county superintendent's employee, by a board of county commissioners.
DEATH - DEATH CERTIFICATES - OFFICES AND OFFICERS - COUNTIES - CORONER
Authority to issue certificate of presumptive death The county coroner or equivalent officer has discretion to decide whether to issue a certificate of presumptive death as to a person whose body has not been found but who may be presumed to have drowned in the waters of the county or in contiguous waters as a result of an accident or natural disaster; the officer's decision must take into account where the person was last seen and where the events occurred which probably caused the person's death, in addition to such other factors as may be relevant.
CITIES AND TOWNS - COUNTIES - SHERIFF - POLICE - PUBLIC EMPLOYMENT
Transfer rights of sheriff's employees laid off as a result of formation of police department in city incoporated before enactment of statutes granting transfer rights RCW 35.13.360 through .400 do not entitle sheriff's employees to transfer to the police department of a city which, having incorporated prior to the effective date of those statutes, but having contracted with the county for law enforcement services for several years, then (subsequent to the enactment of the statutes) forms its own police department.
PUBLIC MEETINGS - OPEN PUBLIC MEETINGS ACT - COUNTIES - RECORDING OFFICIAL PROCEEDINGS
Authority of county to restrict video and/or sound recording of county meetings 1. A county does not have authority to ban video or sound recording of a meeting required to be open to the public by the Open Public Meetings Act (RCW 42.30); the county could regulate recording only to the extent necessary to preserve order at the meeting and facilitate public attendance. 2. A county has authority to ban video or sound recording of any lawful executive session of a public meeting. 3. If a meeting is not an “open public meeting” as defined in RCW 42.30, but is required to be an open meeting by some other statute, the extent of the county's authority to restrict recording of such a meeting would depend on the language and the intent of the controlling statute. 4. If a county officer conducts a “private meeting” as may be defined in law, the county has authority to restrict or prohibit the recording of such meetings.
PUBLIC TRANSPORTATION BENEFIT AREA - CITIES AND TOWNS - COUNTIES
Authority of Public Transportation Benefit Area to contract with cities or counties for projects benefiting public transportation services A Public Transportation Benefit Area (PTBA) may contract with a city, town, or county whose jurisdiction includes territory served by the PTBA for the use of PTBA funds to pay for, or contribute toward the cost of , construction projects in public rights of way which will provide a tangible and accountable benefit for improving, enhancing or extending or extending the PTBA's public transportation services.
PLATTING AND SUBDIVISIONS - COUNTIES - CITIES AND TOWNS - GROWTH MANAGEMENT ACT
Effect of Growth Management Act on option of counties to require resubdivision of lands platted before 1937 The Growth Management Act does not obligate a county to require the replatting or resubdivision of lands in the county which are outside any urban growth area and which were platted before 1937, but allows local flexibility in applying GMA standards to such lands.
AIR POLLUTION CONTROL AUTHORITIES - CITIES AND TOWNS - COUNTIES - AIR
Selection of member of air pollution control authority who represents largest city in county 1. When an air pollution control authority is comprised of a single county, the member representing the largest city in the county is not required to be an elected official or an employee of the city. 2. When an air pollution control authority is comprised of a single county, the city selection committee is not obligated to select, as the representative on the authority of the largest city in the county, a person nominated or designated by the city's mayor or city council.
ELECTIONS - BALLOTS - NAME OF CANDIDATE OFFICES AND OFFICERS - COUNTIES - AUTHORITY OF COUNTY AUDITOR TO REJECT A DECLARATION OF CANDIDACY
ELECTIONS ‑- BALLOTS ‑- NAME OF CANDIDATE OFFICES AND OFFICERS ‑- COUNTIES ‑- AUTHORITY OF COUNTY AUDITOR TO REJECT A DECLARATION OF CANDIDACY (1) A candidate, in filing for office, has the right to have printed on the ballot any name by which he is commonly known in the community. (2) A county auditor has no authority to reject a declaration of candidacy.
TAXATION - COUNTIES
TAX EXEMPT STATUS OF PROPERTY BELONGING TO A NONPROFIT CORPORATION UNDER RCW 84.36.030 ‑- COUNTY REAL ESTATE TAX EXEMPTION OF NONPROFIT CORPORATION Property used by a nonprofit corporation for educational, benevolent, protective, or social departments of the association may claim the statutory exemption from county real estate tax under RCW 84.36.030.
BUDGET LAW - AUTHORITY OF COUNTY COMMISSIONERS TO DISAPPROVE ITEMS OF VOUCHERS OF OTHER ELECTIVE COUNTY OFFICIALS - COUNTIES - AUTHORITY OF COUNTY COMMISSIONERS TO DISAPPROVE VOUCHERS DRAWN BY OTHER ELECTIVE COUNTY OFFICIALS - OFFICES AND OFFICERS - AUTHORITY OF PURCHASING AGENT IN FIRST CLASS COUNTY - AUTHORITY OF COMMISSIONERS OF FIRST CLASS COUNTY TO APPOINT PURCHASING AGENT
BUDGET LAW ‑- AUTHORITY OF COUNTY COMMISSIONERS TO DISAPPROVE ITEMS OF VOUCHERS OF OTHER ELECTIVE COUNTY OFFICIALS -- COUNTIES ‑- AUTHORITY OF COUNTY COMMISSIONERS TO DISAPPROVE VOUCHERS DRAWN BY... (1) It is permissible, but not mandatory for the county commissioners of a first class county to appoint a county purchasing agent, but his authority is limited. (2) The several boards of county commissioners are authorized to refuse approval of only those claims which are not legally chargeable against the county.
TAXATION - VOID SALES OF REAL PROPERTY AT TAX SALE - TITLE ACQUIRED BY PURCHASER - REFUND OF PURCHASE PRICE - COUNTIES - ERRONEOUS SALE OF PROPERTY OWNED BY COUNTY IS INVALID
TAXATION ‑- VOID SALES OF REAL PROPERTY AT TAX SALE ‑- TITLE ACQUIRED BY PURCHASER ‑- REFUND OF PURCHASE PRICE -- COUNTIES ‑- ERRONEOUS SALE OF PROPERTY OWNED BY COUNTY IS INVALID When real property in tax exempt ownership is erroneously assessed and sold by the county for nonpayment of taxes, such taxes are void, the sale is invalid, no title passes to the purchaser and the purchase price cannot be refunded.
CIVIL DEFENSE - LOCAL ORGANIZATIONS - AUTHORITY TO CONTRIBUTE FUNDS TO LOCAL CIVIL DEFENSE ORGANIZATION OF ANOTHER STATE - COUNTIES - CIVIL DEFENSE - AUTHORITY TO CONTRIBUTE FUNDS TO LOCAL CIVIL DEFENSE ORGANIZATION OF ANOTHER STATE
CIVIL DEFENSE ‑- LOCAL ORGANIZATIONS ‑- AUTHORITY TO CONTRIBUTE FUNDS TO LOCAL CIVIL DEFENSE ORGANIZATION OF ANOTHER STATE -- COUNTIES ‑- CIVIL DEFENSE ‑- AUTHORITY TO CONTRIBUTE FUNDS TO LOCAL... A county civil defense organization is not legally authorized to contribute money to a civil defense organization of another state except during an actual emergency and pursuant to a mutual aid agreement.
COUNTIES - SIDEWALKS AND CURBS - AUTHORITY OF COUNTY COMMISSIONERS TO GRANT PERMISSION TO ABUTTING OWNERS TO CONSTRUCT ON COUNTY ROAD RIGHT OF WAYS - ROADS - SIDEWALKS AND CURBS - SAME
COUNTIES ‑- SIDEWALKS AND CURBS ‑- AUTHORITY OF COUNTY COMMISSIONERS TO GRANT PERMISSION TO ABUTTING OWNERS TO CONSTRUCT ON COUNTY ROAD RIGHT OF WAYS -- ROADS ‑- SIDEWALKS AND CURBS ‑- SAME Counties may not grant permission to owners of land abutting county roads to construct sidewalks and curbs on county road right of ways.
MARRIAGE - SOLEMNIZATION - COUNTIES - AUDITOR'S DISCRETION IN ISSUANCE OF MARRIAGE LICENSES
MARRIAGE ‑- SOLEMNIZATION ‑- COUNTIES ‑- AUDITOR'S DISCRETION IN ISSUANCE OF MARRIAGE LICENSES Solemnization of marriage may be performed by one who is either a regularly licensed or ordained minister or priest or who is so authorized to solemnize or attest thereto as the presiding, officiating, or recording officer of a religious organization.
CITIES - COUNTIES - PUBLIC RESTROOM FACILITIES - JOINT COUNTY-CITY HEALTH DEPARTMENTS
CITIES ‑- COUNTIES ‑- PUBLIC RESTROOM FACILITIES ‑- JOINT COUNTY-CITY HEALTH DEPARTMENTS A city may legally appropriate funds for the acquisition, operation, and maintenance of public restroom facilities, and may maintain such facilities on premises leased by the city for that purpose. A city and county may not maintain such facilities in the city as a joint county-city function separate and apart from other joint operations expressly authorized by statute.
COUNTIES - AUTHORITY TO LEASE PASSENGER VEHICLES AND PERMIT USE BY COUNTY EMPLOYEES - MOTOR VEHICLES - AUTHORITY OF COUNTY TO LEASE AND DIVIDE COST OF RENTAL BETWEEN COUNTY AND EMPLOYEE
COUNTIES ‑- AUTHORITY TO LEASE PASSENGER VEHICLES AND PERMIT USE BY COUNTY EMPLOYEES -- MOTOR VEHICLES ‑- AUTHORITY OF COUNTY TO LEASE AND DIVIDE COST OF RENTAL BETWEEN COUNTY AND EMPLOYEE A county is not legally authorized to lease passenger vehicles which may be used both by county and by the employee personally with the cost to be divided between the two.
HEALTH - COUNTIES - CITIES AND TOWNS - BOARDING HOMES FOR THE AGED - PLACES OF REFUGE - REGULATION AND LICENSING
HEALTH ‑- COUNTIES ‑- CITIES AND TOWNS ‑- BOARDING HOMES FOR THE AGED ‑- PLACES OF REFUGE ‑- REGULATION AND LICENSING Local authorities may not enact or enforce local ordinances or regulations pertaining to the licensure and/or inspection of places of refuge or boarding homes for the aged, as defined by chapter 253, Laws of 1957 (chapter 74.32 RCW).
COUNTIES - RESPONSIBILITY FOR CARE OF MENTALLY ILL PATIENTS PENDING COMMITMENT - CITIES, TOWNS, COUNTIES - AUTHORITY TO CONTRIBUTE COST OF REMODELING ROOMS IN PRIVATE NONPROFIT HOSPITAL FOR CARE OF PSYCHOTIC PATIENTS PENDING COMMITMENT - PSYCHOTIC PATIENTS - RESPONSIBILITY OF CITIES AND COUNTIES FOR CARE PENDING COMMITMENT PROCEEDINGS
COUNTIES ‑- RESPONSIBILITY FOR CARE OF MENTALLY ILL PATIENTS PENDING COMMITMENT -- CITIES, TOWNS, COUNTIES ‑- AUTHORITY TO CONTRIBUTE COST OF REMODELING ROOMS IN PRIVATE NONPROFIT HOSPITAL FOR CARE... (1) Cities, towns and counties may not contribute funds to a private hospital for remodeling rooms to provide facilities for the care of psychotic patients pending commitment proceedings. (2) Responsibility for the cost of detention care is the responsibility of the patient's spouse or children, if financially able, otherwise the county is responsible.
SCHOOLS - COUNTIES - COUNTY BUDGETS - COUNTY COMMISSIONERS - COUNTY SUPERINTENDENT OF SCHOOLS - COUNTY BOARD OF EDUCATION, POWERS OF
SCHOOLS ‑- COUNTIES ‑- COUNTY BUDGETS ‑- COUNTY COMMISSIONERS ‑- COUNTY SUPERINTENDENT OF SCHOOLS ‑- COUNTY BOARD OF EDUCATION, POWERS OF RCW 28.19.110 (§ 29, chapter 157, Laws of 1955) removes from the board of county commissioners the discretionary authority to determine the amount of funds to be annually allocated to the county superintendent of schools, and requires the county commissioners to allocate the amount of funds to the county superintendent of schools that is certified as needed by the county board of education to the board of county commissioners.
COUNTIES - COUNTY COMMISSIONERS - POWER TO ESTABLISH A CIVIL SERVICE OR MERIT SYSTEM FOR DEPUTY SHERIFFS
COUNTIES ‑- COUNTY COMMISSIONERS ‑- POWER TO ESTABLISH A CIVIL SERVICE OR MERIT SYSTEM FOR DEPUTY SHERIFFS The Board of County Commissioners of Clallam County cannot establish a civil service or merit system without a statute enabling them to do so.
COUNTIES - RESPONSIBILITY FOR COSTS UNDER CHAPTER 196, LAWS OF 1959 (COMMITMENT OF MENTALLY ILL)
COUNTIES - RESPONSIBILITY FOR COSTS UNDER CHAPTER 196, LAWS OF 1959 (COMMITMENT OF MENTALLY ILL) (1) (2) Chapter 196, Laws of 1959 does not make a county responsible for payment of costs of care, treatment, etc., for mentally ill persons but any financial responsibility of the county is provided for under RCW 71.02.230 where the regular mental illness proceeding has resulted in a finding by a court of mental illness. (3) Under chapter 196, Laws of 1959 a person detained, who has been found to be mentally ill by a physician within the 12 hour period but who has not been committed and who has been released within the 72 hour period, is liable to the county for the costs incurred. (4) (5) County commissioners are authorized to enter into agreements with hospitals but such authority is discretionary with the commissioners and in the absence of such an agreement the county is responsible for the costs of care, treatment and custody of a person detained under chapter 196, Laws of 1959.
LIBRARY FUNDS - EXPENDITURE - COUNTIES
LIBRARY FUNDS -- EXPENDITURE -- COUNTIES If rural county library funds are accumulated according to the provisions of RCW 27.12.220, it is necessary at the time expenditure of such accumulated funds is desired that an item for such expenditure be included in the appropriate year's budget. The trustees of a rural county library district may not declare an emergency for the purpose of expending funds not included in the annual budget, assuming the necessary funds of an emergency nature exist.
CITIES AND TOWN - COUNTY ZONING INAPPLICABLE TO MUNICIPAL AIRPORT - COUNTIES - ZONING LAWS INAPPLICABLE TO MUNICIPAL AIRPORT
CITIES AND TOWN ‑- COUNTY ZONING INAPPLICABLE TO MUNICIPAL AIRPORT -- COUNTIES ‑- ZONING LAWS INAPPLICABLE TO MUNICIPAL AIRPORT The City of Tacoma would not be governed by the county zoning regulations in the establishing of an airport outside its corporate limits.
COUNTIES - AUTHORITY TO OFFER REWARDS - WHEN COUNTIES MAY AUTHORIZE OFFICER - REWARDS - RIGHT TO CLAIM
COUNTIES ‑- AUTHORITY TO OFFER REWARDS ‑- WHEN COUNTIES MAY AUTHORIZE OFFICER ‑- REWARDS ‑- RIGHT TO CLAIM A county has no authority to offer a reward for information leading to the arrest of a person against whom no criminal charge has been filed. It is against public policy for sheriffs, their deputies, or other peace officers to claim a reward offered by a county for apprehending persons wanted for, or charged with, a crime.
COUNTIES - ROADS AND BRIDGES - DUTY TO MAINTAIN BRIDGES - DUTY OF INTERFERER WITH PUBLIC RIGHT OF WAY TO MAINTAIN
COUNTIES ‑- ROADS AND BRIDGES ‑- DUTY TO MAINTAIN BRIDGES ‑- DUTY OF INTERFERER WITH PUBLIC RIGHT OF WAY TO MAINTAIN The county is obliged to repair and maintain all bridges, by whomsoever constructed, which lie on the right of way of an established county road. Such obligation does not extend, however, to public roads within the county, which have not been duly established as county roads by resolution of the board of county commissioners, or which have not been made part of the system of county roads by operation of law.
COUNTIES - TUBERCULOSIS - JOINT TUBERCULOSIS SANATORIA - LEASE OR SALE OF SANATORIUM PROPERTY TO THE STATE - INTERGOVERNMENTAL SALES BY BOARD OF COUNTY COMMISSIONERS
COUNTIES ‑- TUBERCULOSIS ‑- JOINT TUBERCULOSIS SANATORIA ‑- LEASE OR SALE OF SANATORIUM PROPERTY TO THE STATE ‑- INTERGOVERNMENTAL SALES BY BOARD OF COUNTY COMMISSIONERS The board of county commissioners of each of the counties comprising a joint sanatorium group has the power to lease or sell its property interest in a joint tuberculosis hospital to the state upon such terms and conditions as the boards of county commissioners deem for the best interest of their respective counties.
COUNTIES - CITIES AND TOWNS - HEALTH - AIR POLLUTION - AIR POLLUTION CONTROL DISTRICTS - NUISANCE - CONSTITUTIONAL LAW
COUNTIES ‑- CITIES AND TOWNS -- HEALTH ‑- AIR POLLUTION ‑- AIR POLLUTION CONTROL DISTRICTS -- NUISANCE -- CONSTITUTIONAL LAW ‑- TAXATION ‑- FORTY MILL LIMITATION 1. Chapter 232, Laws of 1957, chapter 70.94 RCW, requires that an entire county be included within an air pollution control district but does not require that two or more cities, exclusive of any unincorporated county area, be contiguous. 2. Chapter 232, Laws of 1957, chapter 70.94 RCW, requires each city, town or county to conduct tests and surveys prior to the enactment of air pollution control measures for the formation of an air pollution control district. 3. Chapter 70.94 RCW, chapter 232, Laws of 1957, does not require that each component city, town or county of an air pollution control district separately enact air pollution control measures but does provide that the district as a governmental unit may promulgate rules and regulations for this purpose. 4. It is not necessary that a city, town or county follow the procedure established in chapter 232, Laws of 1957, chapter 70.94 RCW, in order to enact or enforce air pollution control measures. 5. Amendment 17 to the Washington State Constitution requires that any tax by a city, town, county or district in excess of the 40-mill limitation must be [[Orig. Op. Page 2]]submitted to the electorate each year that such governmental unit seeks to levy the additional tax.
COUNTIES - AUTOMOBILES - BID REQUIREMENTS FOR PURCHASE
COUNTIES ‑- AUTOMOBILES ‑- BID REQUIREMENTS FOR PURCHASE It is not mandatory to call for bids, advertise for a call for bids, and accept the lowest bid in the purchase of an auto for the officers of a third class county.
COUNTIES - PUBLIC ASSISTANCE - PUBLIC ASSISTANCE, EXPENDITURES FOR - SURPLUS COMMODITIES
COUNTIES; PUBLIC ASSISTANCE; PUBLIC ASSISTANCE, EXPENDITURES FOR; SURPLUS COMMODITIES County funds may not be obligated or expended, in conjunction with the State Department of Public Assistance, to provide facilities for or distribute surplus commodities donated by the United States Government through the Department of Agriculture.
COUNTIES - OFFICERS AND EMPLOYEES
COUNTIES ‑- OFFICERS AND EMPLOYEES Payment of premiums on false arrest insurance for the sheriff and his deputies is for individual benefit and is not a legitimate county expense.
COUNTIES - COMMISSIONERS - POWERS OF CITIES AND TOWNS - ANNEXATION
COUNTIES, COMMISSIONERS, POWERS OF CITIES AND TOWNS, ANNEXATION A board of county commissioners has no discretion in calling or not calling an annexation election under RCW 35.13.040
INCOMPATIBLE OFFICES - OFFICES AND OFFICERS - CITY - COUNTY - CITIES AND TOWNS - COUNTIES - COUNTY COMMISSIONERS
INCOMPATIBLE OFFICES -- OFFICES AND OFFICERS ‑- CITY ‑- COUNTY -- CITIES AND TOWNS -- COUNTIES -- COUNTY COMMISSIONERS The offices of county commissioner and mayor of a third class city are incompatible.
COUNTIES - EMERGENCY APPROPRIATIONS - TRANSFER OF FUNDS
COUNTIES ‑- EMERGENCY APPROPRIATIONS ‑- TRANSFER OF FUNDS County commissioners may declare an emergency to aid the assessor in carrying out provisions of the property revaluation act, but the tuberculosis hospitalization fund may not be used to pay the emergency warrants.
COUNTIES - GENERAL OBLIGATION BONDS - REDEMPTION BY ESTABLISHING TOLLS ON BRIDGE
COUNTIES - GENERAL OBLIGATION BONDS - REDEMPTION BY ESTABLISHING TOLLS ON BRIDGE The redemption of general obligation bonds issued by Whatcom county for construction of a bridge may not be accelerated by establishing tolls on the bridge during the peak traffic months.
COUNTIES - RIVER IMPROVEMENT FUNDS - USE OF CUMULATIVE RESERVE - OBLIGATION OF FUNDS FOR FUTURE PROJECTS
COUNTIES - RIVER IMPROVEMENT FUNDS - USE OF CUMULATIVE RESERVE - OBLIGATION OF FUNDS FOR FUTURE PROJECTS (1) A cumulative reserve for specific river work in the future may not be retained out of the yearly river improvement fund levy. (2) County commissioners may not obligate future river improvement funds for specific river work to be initiated several years in the future.
MUNICIPAL CORPORATIONS - CITIES AND TOWNS - COUNTIES - FINANCES - INVESTMENT OF FUNDS, DEPOSITARIES FOR FUNDS
MUNICIPAL CORPORATIONS ‑- CITIES AND TOWNS ‑- COUNTIES ‑- FINANCES ‑- INVESTMENT OF FUNDS, DEPOSITARIES FOR FUNDS A municipal corporation may not deposit or invest any of its funds in a savings account in any bank or mutual savings bank, or deposit or invest any of its funds in any other manner except pursuant to specific statutory authority.
PUBLIC LIBRARIES - REGIONAL LIBRARIES - CITIES AND TOWNS - COUNTIES - RURAL LIBRARY DISTRICTS - EMINENT DOMAIN
PUBLIC LIBRARIES ‑- REGIONAL LIBRARIES ‑- CITIES AND TOWNS ‑- COUNTIES ‑- RURAL LIBRARY DISTRICTS ‑- EMINENT DOMAIN Where a city and a county rural library district have joined together to establish and maintain a regional library pursuant to RCW 27.12.080, the city may condemn land for a situs for the library building within the city limits.
COUNTIES - OFFICIAL NEWSPAPER - PRINTING - COUNTY PRINTING CONTRACT
COUNTIES ‑- OFFICIAL NEWSPAPER ‑- PRINTING ‑- COUNTY PRINTING CONTRACT The county commissioners of a county, under the provisions of chapter 36.72 RCW, may only award the official county newspaper printing contract to one newspaper publisher within the county.
STATE EMPLOYEES' RETIREMENT SYSTEM - OASI PLAN - AMENDMENT - COUNTIES - SUBMISSION - WITHDRAWAL OF APPROVAL ONCE GIVEN
STATE EMPLOYEES' RETIREMENT SYSTEM ‑- OASI PLAN -- AMENDMENT -- COUNTIES ‑- SUBMISSION ‑- WITHDRAWAL OF APPROVAL ONCE GIVEN 1. County cannot submit plan for extension of OASI coverage to county-employee members of state employees' retirement system. 2. County commissioners cannot withdraw approval of plan for OASI for county-employee members of state employees' retirement system, either before or after referendum. 3. State employees' retirement board cannot amend plan for OASI for members of retirement system after approval by governor.
COUNTIES - LIABILITY FOR JURY FEE DEPOSIT WHEN COUNTY DEMANDS JURY
COUNTIES ‑- LIABILITY FOR JURY FEE DEPOSIT WHEN COUNTY DEMANDS JURY. The county is liable for the payment of a jury deposit in a civil action when the county demands a jury trial.
COUNTIES - FLOOD CONTROL - DRAINS - FLOOD WATERS - SURFACE WATERS - COUNTY ROAD FUNDS - BUILDING PERMITS
COUNTIES ‑- FLOOD CONTROL ‑- DRAINS ‑- FLOOD WATERS ‑- SURFACE WATERS ‑- COUNTY ROAD FUNDS ‑- BUILDING PERMITS ‑- RIVER IMPROVEMENT FUNDS ‑- FLOOD CONTROL MAINTENANCE FUNDS. Chapter 86.12 RCW, which is derived from chapter 204, Laws of 1941, empowers the various counties of this state to condemn land for and make culverts and waterways to alleviate flood conditions caused by "flood waters" only, but does not empower counties to alleviate flood conditions caused by "surface waters" comprising rain water moving across country and not coming from any definite source. Expenditures for flood water improvements must be made out of a county river improvement fund and not out of the general or current expense fund. County road funds may not be used for drainage of private property within the county, except the county may provide adequate drainage for its roads which may incidentally benefit adjacent private property. Chapter 36.43 RCW does not give counties the power to drain private property within a county merely because county officials have issued building permit for such property.
CITIES AND TOWNS - METROPOLITAN PARK DISTRICTS - PARKS - SWIMMING POOLS - COUNTIES - SCHOOL DISTRICTS
CITIES AND TOWNS ‑- METROPOLITAN PARK DISTRICTS ‑- PARKS ‑- SWIMMING POOLS ‑- COUNTIES ‑- SCHOOL DISTRICTS. Chapter 67.20 RCW, which empowers separately organized park districts to acquire land for swimming pools, to build, operate and maintain swimming pools, to enact police regulations therefor and to contract with other governmental units for conducting a recreation program, does not increase the power of a metropolitan park district organized pursuant to chapter 35.61 RCW so as to permit such a district to create local improvement district for the construction of a swimming pool. Chapter 67.20 RCW does not empower a first class city, either independently or jointly with a county and school district, to form a local improvement district for financing the construction of a swimming pool, where part of the area to be benefited by the improvement and thereby assessed therefor, lies outside the city limits and within the area of the county and/or the school district.
COUNTIES - GARBAGE DUMPS - DUTY OF COUNTY COMMISSIONERS TO PROVIDE
COUNTIES ‑- GARBAGE DUMPS ‑- DUTY OF COUNTY COMMISSIONERS TO PROVIDE It is the duty of county commissioners to provide garbage dumps for unincorporated areas but not for incorporated areas within the county.
COUNTIES - CITIES AND TOWNS; SPECIAL DISTRICTS - NOTICE OF SPECIAL MEETINGS OF AGENCIES THEREOF TO THE PRESS, RADIO, AND TELEVISION
COUNTIES; CITIES AND TOWNS; SPECIAL DISTRICTS; NOTICE OF SPECIAL MEETINGS OF AGENCIES THEREOF TO THE PRESS, RADIO, AND TELEVISION. Procedural rules for the guidance of agencies of counties, cities, and towns, and special districts in notifying the press, radio, and television of special meetings in accordance with § 1, chapter 216, Laws of 1953 (RCW 42.32.010 [1955 Supp.]).
COUNTIES - PROSECUTING ATTORNEYS - DEPUTIES - APPOINTMENT - RESIDENCE
COUNTIES ‑- PROSECUTING ATTORNEYS ‑- DEPUTIES ‑- APPOINTMENT ‑- RESIDENCE A board of county commissioners can determine the number of deputy prosecuting attorneys necessary for their county and the salary to be paid to each, but may not participate in the selection and removal of such deputies. A deputy prosecuting attorney must be a resident for voting purposes in the county which he serves.
COUNTIES - HEALTH AND WELFARE PLAN
COUNTIES ‑- HEALTH AND WELFARE PLAN The county commissioners cannot authorize a health and welfare plan for employees without statutory authority.
COUNTIES - PURCHASE AND OPERATION OF ROCK CRUSHING, GRAVEL OR OTHER ROAD BUILDING MATERIAL EXTRACTION EQUIPMENT - FUNDS AVAILABLE THEREFORE
COUNTIES ‑- PURCHASE AND OPERATION OF ROCK CRUSHING, GRAVEL OR OTHER ROAD BUILDING MATERIAL EXTRACTION EQUIPMENT ‑- FUNDS AVAILABLE THEREFORE County boards may make available the county road fund for the purchase and operation of rock crushing, gravel or other road building material extraction equipment. The equipment rental and revolving fund may not be utilized for this purpose.
COUNTIES - PROSECUTING ATTORNEYS - GUARDIANSHIP PROCEEDINGS PRIVATE PRACTICE
COUNTIES ‑- PROSECUTING ATTORNEYS ‑- GUARDIANSHIP PROCEEDINGS PRIVATE PRACTICE A prosecuting attorney in a county other than class A may not accept employment in guardianship proceedings where notice of hearing would otherwise be issued requiring him to appear in his official capacity.
COUNTIES - LIABILITY FOR DAMAGES RESULTING FROM REMOVAL OF STOP SIGNS
COUNTIES ‑- LIABILITY FOR DAMAGES RESULTING FROM REMOVAL OF STOP SIGNS 1. County could be held liable for damages resulting from the removal of stop signs deemed unnecessary by county officials. 2. An avoidance of liability for the removal of stop signs will be dependent upon the usual defenses to negligence, no procedure for avoidance of liability can be recommended except the giving of adequate warning to highway users.
COUNTIES - FUNDS - EMERGENCY - APPROPRIATION FOR EMPLOYER'S OASI CONTRIBUTIONS
COUNTIES ‑- FUNDS ‑- EMERGENCY ‑- APPROPRIATION FOR EMPLOYER'S OASI CONTRIBUTIONS County Commissioners may properly make emergency appropriation to pay employer's OASI contributions for period between adoption of coverage and earlier effective date thereof.
COUNTIES - EMPLOYEES - BONDS - TERM
COUNTIES ‑- EMPLOYEES ‑- BONDS ‑- TERM Blanket Bonds for non-elective county employees are not restricted by statute to annual basis.
COUNTIES - HOSPITALS - TAX LEVY - LIMITATION
COUNTIES ‑- HOSPITALS ‑- TAX LEVY ‑- LIMITATION. A county must levy a tax under RCW 36.62.090, for hospital purposes, but in doing so may not exceed the eight mill limitation imposed under RCW 84.52.050.
COUNTIES - TRANSFER OF FUNDS
HOSPITAL FUNDS TRANSFERRED TO FAIRGROUND BUILDING AND IMPROVEMENT FUND 1. The county electorate may transfer funds from Special Hospital Building funds, where building plans have been abandoned, into a Fairground Building and Improvement Fund by a simple majority vote. 2. Expenditures from this new Fairground Building and Improvement Fund would be limited by RCW 36.37.040.
HIGHWAYS - CATTLE‑CROSSING SIGNS - COUNTIES
HIGHWAYS ‑- CATTLE‑CROSSING SIGNS ‑- COUNTIES A county has authority to post signs at cattle crossings, but is not liable for failure to continuously maintain them.
COUNTIES - PUBLIC AND PRIVATE SENILE PATIENTS, AUTHORITY TO ESTABLISH FACILITIES FOR CARE
COUNTIES ‑- PUBLIC AND PRIVATE SENILE PATIENTS, AUTHORITY TO ESTABLISH FACILITIES FOR CARE The Board of County Commissioners of any county has authority to establish facilities for the care of senile patients in available buildings and grounds; however, priority for admission to these facilities must be given to recipients of public assistance and medical indigents of our state.
COUNTIES - EMPLOYEES - COMPENSATION - PAYMENT FOR SICK LEAVE
COUNTIES ‑- EMPLOYEES ‑- COMPENSATION ‑- PAYMENT FOR SICK LEAVE A county may pay its employees under its rules relating to sick leave for the first three days following an injury while engaged in county work.
COUNTIES - HOSPITALS - OBLIGATION TO OBSERVE LEGAL HOLIDAYS - LEGAL HOLIDAYS - OBLIGATION OF COUNTY HOSPITALS TO OBSERVE STATUTORY HOLIDAYS
COUNTIES ‑- HOSPITALS ‑- OBLIGATION TO OBSERVE LEGAL HOLIDAYS ‑- LEGAL HOLIDAYS ‑- OBLIGATION OF COUNTY HOSPITALS TO OBSERVE STATUTORY HOLIDAYS County hospitals are not required by statute to observe the legal holidays defined by law but only those designated by the board of trustees of such institutions.
COUNTIES - SHERIFFS - PROPERTY - AUTOMOBILES
COUNTIES ‑- SHERIFFS ‑- PROPERTY ‑- AUTOMOBILES Automobiles and other personal property supplied by a county to the sheriff is to be treated and dealt with as other county property (overruling Opinion No. 51-53-259).
COUNTIES - AGED INDIGENTS - AUTHORITY TO ESTABLISH AND OPERATE FACILITIES FOR CARE
COUNTIES ‑- AGED INDIGENTS ‑- AUTHORITY TO ESTABLISH AND OPERATE FACILITIES FOR CARE The county has authority to establish and operate nursing homes for the care of aged indigents, such authority not being impaired by the public assistance laws of 1953.
COUNTIES - ROADS - IMPROVEMENT OF STREET WITHIN A TOWN
COUNTIES ‑- ROADS ‑- IMPROVEMENT OF STREET WITHIN A TOWN A county has no legal authority to gratuitously surface a town street.
COUNTIES - PLANNING COMMISSIONS - DEDICATION OF MCNARY DAM - EXPENDITURE OF PUBLIC FUNDS
COUNTIES ‑- PLANNING COMMISSIONS ‑- DEDICATION OF McNARY DAM -- EXPENDITURE OF PUBLIC FUNDS A county may not make an advanced contribution to a fund to be administered by private parties to defray the cost of dedicating McNary Dam. It may, however, pay certain items of cost upon duly certified vouchers after the services have been performed or the materials furnished.
PUBLIC ASSISTANCE - MEDICAL CARE - CONTRACT PRICE PAID TO COUNTIES - FACTORS CONSIDERED - COUNTIES - ALSO UNDER DEPARTMENT OF HEALTH
PUBLIC ASSISTANCE ‑- MEDICAL CARE ‑- CONTRACT PRICE PAID TO COUNTIES ‑- FACTORS CONSIDERED -- COUNTIES ‑- ALSO UNDER DEPARTMENT OF HEALTH The State Department of Health may consider the cost of adapting an existing county facility to the care of senile patients, in determining the contract price to be paid a county for services rendered in caring for public assistance recipients and medical indigents.
COUNTIES - CONTRACTS - PROPERTY - SALE OF CRUSHED ROCK
COUNTIES ‑- CONTRACTS ‑- PROPERTY ‑- SALE OF CRUSHED ROCK A county has no power to sell crushed rock to private parties other than as provided by RCW 36.82.110 or 36.82.100.
COUNTIES - HOSPITALS
ESTABLISHMENT OF RATES BY PUBLIC HOSPITAL DISTRICTS Commissioners of public hospital districts may establish rates to be charged for hospital rooms and medical care, but these rates are not controlling upon the state department of health since services rendered for this department are subject to contract between the department and the vendor.
COUNTIES - FUNDS
DUES TO NATIONAL ASSOCIATION OF COUNTY COMMISSIONERS
County auditor may lawfully draw warrants for dues to state and national associations of county commissioners.
EMINENT DOMAIN - COUNTIES - CITIES AND TOWNS - PARKS - STREETS
EMINENT DOMAIN ‑- COUNTIES ‑- CITIES AND TOWNS ‑- PARKS ‑- STREETS
(1) A county has no right of eminent domain to acquire rights-of-way for public highways within city limits. (2) A fourth class town may dedicate a street through park property provided that the use of the land for street purposes will not be inconsistent with the use of the remaining land for park purposes.
ZONING - COUNTIES - PLANNING COMMISSIONS
ZONING ‑- COUNTIES ‑- PLANNING COMMISSIONS A city or county may not enact restrictive zoning ordinances or resolutions without appointing a planning commission and complying with statutory procedure.
COUNTIES - BUDGET - LAPSE - TIME FOR PRESENTMENT OF CLAIMS
COUNTIES ‑- BUDGET ‑- LAPSE ‑- TIME FOR PRESENTMENT OF CLAIMS.
A claim against a county for services performed during the preceding year, filed within thirty days thereof, is properly payable out of the previous year's budget appropriation, although such payment may be made after that time.The lapse provision for county budget appropriations in RCW 36.40.200 applies only to time for filing claims not to the time for payment.
COUNTIES - POLICE POWER - ZONING
COUNTIES ‑- POLICE POWER ‑- ZONING There may be partial or piecemeal zoning of a county under RCW 36.43.020, but license fees within any class must be equal.
CITIES - COUNTIES - DEPARTMENT OF HEALTH - JAILS - JUVENILE DETENTION HOMES - MEDICAL CARE
CITIES ‑- COUNTIES ‑- DEPARTMENT OF HEALTH ‑- JAILS ‑- JUVENILE DETENTION HOMES ‑- MEDICAL CARE 1. When an inmate of a city or county jail becomes ill or is injured and requires medical attention, being unable to pay for the services and not a recipient of public assistance, the city or county, i.e., the confining authority, is responsible for furnishing the medical services required. 2. When a ward in a juvenile detention homes becomes ill or is injured and the juvenile's parents are not financially able to provide the medical care and the juvenile is not a recipient of public assistance, the juvenile detention home shall provide the necessary medical services. 3. In the absence of a city ordinance or county resolution requiring the city or county to do so, cities or counties are not bound to arrange emergency medical care for those without funds, but not recipients of public assistance, but may very properly do so, and if either does so the cost is to be borne by either the city or county actually arranging or contracting the emergency medical service.
COUNTIES - POWER TO DECLARE EMERGENCY - FLOODS - ROAD MAINTENANCE - TRANSFER OF MONEYS FROM ONE FUND TO ANOTHER
COUNTIES ‑- POWER TO DECLARE EMERGENCY ‑- FLOODS ‑- ROAD MAINTENANCE ‑- TRANSFER OF MONEYS FROM ONE FUND TO ANOTHER Road and flood control work, made necessary by flood, falls within the purview of RCW 36.40.180, which permits county commissioners by a unanimous vote to make any expenditures necessary to meet nondebatable emergencies. Money may not be transferred from the current expense fund to the road fund or to the river improvement fund, to finance such emergencies.
CENSUS - COUNTIES - CLASSIFICATION OF - TIME LIMITATION
CENSUS ‑- COUNTIES ‑- CLASSIFICATION OF ‑- TIME LIMITATION
RCW 36.13.020 is not violated by the commencement of census work 11 days prior to the expiration of the three‑year waiting period required by the statute provided the census work is not completed until after the three years have expired, since the term "made" imports completion of the census enumeration.In determining whether a county has sufficient population to rate a change of classification under chapter 36.13 RCW, the State Census Board may not forego obtaining the name, age, and occupation, if any, of each person resident in the county, but rather must strictly comply with the procedure set forth in RCW 36.13.030 for taking county censuses.
COUNTIES - LICENSING - AUTHORITY OF COMMISSIONERS TO LICENSE TRANSIENT VENDORS AND AUCTIONEERS
COUNTIES ‑- LICENSING ‑- AUTHORITY OF COMMISSIONERS TO LICENSE TRANSIENT VENDORS AND AUCTIONEERS County commissioners have no authority to impose additional license requirements upon "peddlers." They may, however, impose reasonable conditions upon the issuance of auctioneers' licenses.
COUNTIES - REAL ESTATE SALES TAX - IMPROVEMENTS, APPLICATION OF REAL ESTATE SALES TAX
COUNTIES ‑- REAL ESTATE SALES TAX ‑- IMPROVEMENTS, APPLICATION OF REAL ESTATE SALES TAX The real estate sales tax applies to the entire selling price of land without deduction for improvements retained by the seller except as that reduces the total price.
COUNTIES - REAL ESTATE SALES TAX - PRIORITY OF LIENS - PRIORITY OF LIEN OVER PREVIOUS MORTGAGE
COUNTIES ‑- REAL ESTATE SALES TAX ‑- PRIORITY OF LIENS‑-PRIORITY OF LIEN OVER PREVIOUS MORTGAGE A previously executed and separate mortgage has priority over the lien of the real estate excise tax imposed upon a subsequent sale to another than the mortgagee.
COUNTIES - REAL ESTATE EXCISE TAX - MUNICIPAL CORPORATIONS - APPLICATION FOR REAL ESTATE SALES TAX - APPLICATION OF TAX UPON REVERTER FOR CONDITION BROKEN - INDUSTRIAL DEVELOPMENT DISTRICTS
COUNTIES ‑- REAL ESTATE EXCISE TAX ‑- MUNICIPAL CORPORATIONS, APPLICATION FOR REAL ESTATE SALES TAX ‑- APPLICATION OF TAX UPON REVERTER FOR CONDITION BROKEN ‑- INDUSTRIAL DEVELOPMENT DISTRICTS The county real estate sales tax is imposed upon the transfer of real property back to industrial development districts for condition of particular use broken pursuant to statute and/or deed.
COUNTIES - REAL ESTATE SALES TAX - FORECLOSURE ACTIONS - FORFEITURE ACTIONS - VENDEE'S INTEREST TRANSFERRED BACK TO VENDOR - ASHFORD V. REESE DOCTRINE
COUNTIES ‑- REAL ESTATE SALES TAX ‑- FORECLOSURE ACTIONS ‑- FORFEITURE ACTIONS ‑- VENDEE'S INTEREST TRANSFERRED BACK TO VENDOR ‑- ASHFORD v. REESE DOCTRINE The county real estate sales tax is imposed upon the transfer back of the vendee's interest in a breached contract to purchase real property unless the transfer is by court action to forfeit (not foreclose) based upon a proper forfeiture clause in the contract.
COUNTIES - AUTHORITY TO ACCEPT GRANTS PARKS - OPERATED BY COUNTY THROUGH NON-PROFIT [[NONPROFIT]]CORPORATION
COUNTIES ‑- AUTHORITY TO ACCEPT GRANTS PARKS ‑- OPERATED BY COUNTY THROUGH NON-PROFIT [[NONPROFIT]]CORPORATION A county may accept a dedication under section 4 of the Columbia Basin Project Act of lands to be used for park purposes under the control and management of a non-profit [[nonprofit]]corporation.
COUNTIES - CAN THE BOARD OF COUNTY COMMISSIONERS OF PACIFIC COUNTY SELL THE COUNTY'S INTEREST IN THE MEGLER FERRY LANDING?
COUNTIES ‑- CAN THE BOARD OF COUNTY COMMISSIONERS OF PACIFIC COUNTY SELL THE COUNTY'S INTEREST IN THE MEGLER FERRY LANDING? The Board of County Commissioners of Pacific County cannot sell the interest owned by Pacific County in the Megler Ferry landing, without first obtaining express authority for such sale from the state legislature.
COUNTIES - CONTRACTS FOR ROAD EQUIPMENT - IMPLIED AUTHORITY - FOREIGN CORPORATIONS
COUNTIES ‑- CONTRACTS FOR ROAD EQUIPMENT ‑- IMPLIED AUTHORITY ‑- FOREIGN CORPORATIONS. County commissioners may, under the general authority granted by RCW 36.75.020, to improve, maintain, etc., county roads, enter into any and all contracts necessary to the proper performance of their functions.
COUNTIES - REAL ESTATE SALES TAX - TAXABLE SELLING PRICE - LIFE INSURANCE EXPECTANCY TABLES
COUNTIES ‑- REAL ESTATE SALES TAX ‑- TAXABLE SELLING PRICE ‑- LIFE INSURANCE EXPECTANCY TABLES The determination of selling price for real estate sales tax purposes, where actual price is not ascertained at time of sale, is a discretionary problem for the county commissioners.
COUNTIES - EXPENDITURE - INDUSTRIAL SURVEY
COUNTIES ‑- EXPENDITURE ‑- INDUSTRIAL SURVEY A county does not have authority to expend funds to make an industrial survey of the county looking toward the possible local industrial use of electrical power that will eventually become available within the county.
COUNTIES - WHETHER IT IS LAWFUL FOR THE BOARD OF COUNTY COMMISSIONERS TO DECLARE AN EMERGENCY FOR THE PURPOSE OF ALLOCATING FUNDS TO RECORD INSTRUMENTS IN A LEGAL MANNER, IF SUCH INSTRUMENTS TO BE PUT OF RECORD WERE SUBMITTED TO THE COUNTY AUDITOR IN OTHER THAN THE PRESENT FISCAL YEAR
COUNTIES ‑- WHETHER IT IS LAWFUL FOR THE BOARD OF COUNTY COMMISSIONERS TO DECLARE AN EMERGENCY FOR THE PURPOSE OF ALLOCATING FUNDS TO RECORD INSTRUMENTS IN A LEGAL MANNER, IF SUCH INSTRUMENTS TO BE... Where a County Auditor has recorded instruments over a period of years not in accordance with the law, in good faith but erroneously, resulting in the expenditure of additional funds to correct the situation, which has exhausted or will soon exhaust the funds in his current budget which was unforeseen at the time the current budget was adopted, an emergency exists within the meaning of RCW 36.40.140.
COUNTIES - CIVIL DEFENSE - AUTHORITY TO IMPOSE SPECIAL LEVY IN EXCESS OF FORTY MILL LIMITATION
COUNTIES ‑- CIVIL DEFENSE ‑- AUTHORITY TO IMPOSE SPECIAL LEVY IN EXCESS OF FORTY MILL LIMITATION County may impose special levy of one‑half mill for civil defense purposes when such levy is submitted to and approved by the county electors in the manner prescribed by constitutional and statutory provisions.
COUNTIES - OFFICERS - DIRECTOR OF HEALTH - FUNDS - COUNTY
TRANSFER OF FUNDS WITHIN THE BUDGET The county director of health may not legally transfer funds from one general class of his budget to another.
COUNTIES - AUTHORITY TO LET EXCLUSIVE CONTRACTS FOR THE COLLECTION OF GARBAGE IN UNINCORPORATED AREAS
COUNTIES ‑- AUTHORITY TO LET EXCLUSIVE CONTRACTS FOR THE COLLECTION OF GARBAGE IN UNINCORPORATED AREAS Counties may enter into exclusive contracts for the collection of garbage in unincorporated areas of the county which are not included within a sanitary district.
COUNTIES - PROPRIETY OF COUNTY ASSESSOR'S USE OF COUNTY FUNDS TO PURCHASE SLEEPING BAGS FOR FIELD DEPUTIES
COUNTIES ‑- PROPRIETY OF COUNTY ASSESSOR'S USE OF COUNTY FUNDS TO PURCHASE SLEEPING BAGS FOR FIELD DEPUTIES The decision as to the propriety of the use of county funds for the purchase of sleeping bags by the county assessor, is within the discretionary powers of the board of county commissioners.
COUNTIES - DISTRIBUTION OF LIQUOR REVENUES TO - LAST FEDERAL CENSUS THEREOF
COUNTIES -- DISTRIBUTION OF LIQUOR REVENUES TO -- LAST FEDERAL CENSUS THEREOF
1. In addition to the federal decennial census the population of a county as determined by special federal census or sample survey shall be used in determining the ratio between counties for distribution of liquor revenues.2. The state auditor is required to make immediate revision after official publication of the last federal population survey or census and is not required to make retroactive ratio determinations for periods earlier than the last revision following publication of a federal census.
COUNTIES - AIRPORTS - DISPOSITION OF REMAINING FUNDS DERIVED FROM OPERATION OF AIRPORT UPON TRANSFER OF PHYSICAL ASSETS
COUNTIES ‑- AIRPORTS ‑- DISPOSITION OF REMAINING FUNDS DERIVED FROM OPERATION OF AIRPORT UPON TRANSFER OF PHYSICAL ASSETS Upon the transfer of the physical assets of the Clallam County Airport to the Clallam County Port District the funds remaining in the county airport fund and which were derived from revenues from the operation of the airport should also be transferred to the port district.
COUNTIES - SALE OF ROAD MATERIALS - COUNTY COMMISSIONERS' AUTHORITY TO SELL COUNTY PROPERTY
COUNTIES ‑- SALE OF ROAD MATERIALS ‑- COUNTY COMMISSIONERS' AUTHORITY TO SELL COUNTY PROPERTY
County Commissioners have no authority to sell gravel produced at sites owned by the county to private individuals.
COUNTIES - AUDITOR - DEPUTY - UNDER 21 YEARS OF AGE
COUNTIES ‑- AUDITOR ‑- DEPUTY ‑- UNDER 21 YEARS OF AGE
A person under the age of 21 who is otherwise qualified may be appointed a deputy county auditor and may perform authorized functions of the office which are ministerial in nature.
HIGHWAYS - ABANDONMENT - COUNTIES
RESPONSIBILITY OF COUNTIES FOR HIGHWAY ABANDONED BY THE STATE The bridge across the Columbia River between Kennewick and Pasco lies outside the corporate limits of both cities and can therefore be abandoned by the state under chapter 57, Laws of 1953, and the responsibility for the care and maintenance of the bridge falls upon the counties of Benton and Franklin even though neither county has a road connecting to the bridge.
COUNTIES - CONTRACTS
POWER TO CONTRACT WITH SAFETY COUNCIL No power has been granted which permits a county to contract with a safety council to supply the council's services to said county.
COUNTIES - COMMISSIONERS - POWERS - AERIAL SURVEY
COUNTIES ‑- COMMISSIONERS ‑- POWERS ‑- AERIAL SURVEY Although there is no expressed statutory authority authorizing the county commissioners to expend money for an aerial survey, it may be implied that such an expenditure would be proper.
COUNTIES - EMERGENCIES - ASSESSOR - AERIAL SURVEY
COUNTIES -- EMERGENCIES -- ASSESSOR -- AERIAL SURVEY A contemplated emergency order appropriating $22,000 for an aerial survey for the county assessor after the county commissioner had considered a larger item for the same purpose and stricken it in the regular budget would not constitute an emergency.
COUNTIES - CURRENT EXPENSE FUND - REFUNDS OF FORFEITED BAIL
COUNTIES ‑- CURRENT EXPENSE FUND ‑- REFUNDS OF FORFEITED BAIL Refunds of forfeited bail from highway traffic violations may be paid out of the county current expense fund.
COUNTIES - FINANCIAL ASSISTANCE TO PRIVATE CEMETERY ASSOCIATIONS
COUNTIES ‑- FINANCIAL ASSISTANCE TO PRIVATE CEMETERY ASSOCIATIONS Counties may not give financial assistance to a private cemetery association for the purpose of expanding the cemetery facilities of such an association.
COUNTIES - SALE OF TAX TITLE PROPERTY - DEEDS - LIMITATIONS IN
COUNTIES ‑- SALE OF TAX TITLE PROPERTY ‑- DEEDS ‑- LIMITATIONS IN A county may sell land acquired through tax foreclosure proceedings and issue a deed therefor containing a valid time limitation for the removal of timber on the land sold.
COUNTIES - EMPLOYEES OF COUNTY COMMISSIONERS - LABOR UNION CONTRACTS
COUNTIES -- EMPLOYEES OF COUNTY COMMISSIONERS -- LABOR UNION CONTRACTS
County commissioners may contract with representatives of their employees concerning employment conditions, hours and wages.
COUNTIES - BONDS - TOTAL COUNTY INDEBTEDNESS LIMITED TO FIVE PER CENT OF TAXABLE PROPERTY
COUNTIES ‑- BONDS ‑- TOTAL COUNTY INDEBTEDNESS LIMITED TO FIVE PER CENT OF TAXABLE PROPERTY A county may not issue bonds for county purposes for the full amount of five per cent and also issue county road bonds for an additional five per cent of the taxable property.
UNIFORM MILK FLUID ACT - COUNTIES - ORDINANCES
UNIFORM MILK FLUID ACT ‑- COUNTIES ‑- ORDINANCES Where the county has not been certified as a local milk inspection service unit, the State Uniform Milk Fluid Act does not deprive the county appeal board of its powers to review degrading orders of the local health officer made in compliance with the local ordinance and not inconsistent with the provisions of the State Act.
COUNTIES - ELECTIONS - FEDERAL CENSUS - RECLASSIFICATION OF COUNTIES - INCREASED COMPENSATION OF OFFICIALS
COUNTIES ‑- ELECTIONS ‑- FEDERAL CENSUS ‑- RECLASSIFICATION OF COUNTIES ‑- INCREASED COMPENSATION OF OFFICIALS
1. The auditors should require candidates to pay a filing fee based upon annual salary for the class of county as shown by the unofficial census bulletins. 2. The salaries of county officials elected in 1950 will not be affected by the fact that the filing fee was paid upon a different classification than was finally determined to be the correct classification by the Bureau of Census.
COUNTIES - DISTRICTS - JOINT PARK AND RECREATION DISTRICT
AUTHORITY OF COUNTY COMMISSIONERS TO EXCLUDE LAND (1) Where the residents of two adjoining counties petition for the creation of a joint park and recreation district under RCW 36.69.420, the county commissioners of one of those counties may only exclude from the proposed district all land located within that county on the basis of a reasonable factual determination that no parcel of land in the county will benefit from its inclusion within the proposed district.
COURTS - SUPERIOR - COUNTIES
COMPOSITION OF CERTAIN JUDICIAL DISTRICT The failure of Pend Oreille to have approved the additional judicial position for Ferry, Pend Oreille and Stevens Counties, jointly, which was conditionally provided for by chapter 65, Laws of 1981, does not mean that Ferry County is to continue to be treated as part of a judicial district with Okanogan County.
COUNTIES - INTOXICATING LIQUOR - LICENSES
ISSUANCE OF RETAIL LIQUOR LICENSE BY COUNTY In view of the subsequent enactment of RCW 66.08.120, a part of the 1933 State Liquor Code, a county may not lawfully grant a "retail license" to an establishment selling liquor pursuant to the territorial statute codified as RCW 67.14.040.
COUNTIES - CITIES AND TOWNS - BUILDING - FIRE - PLATTING AND SUBDIVISIONS
COMPLIANCE WITH ACCESS REQUIRIEMENTS OF UNFORM FIRE CODE Explanation of the interrelationship between § 13.208 of the Uniform Fire Code, 1976 Edition, and the platting of subdivisions or short subdivisions under chapter 58.17 RCW and/or a local short subdivision ordinance; consideration of the respective roles of the original subdivider and subsequent purchasers of building lots in achieving compliance with the access requirements of § 13.208 of the Uniform Fire Code.
COUNTIES - CITIES AND TOWNS - PLATTING AND SUBDIVISIONS
RESUBDIVISION OF LOT WITHIN EXISTING SUBDIVISION(1) When, within an existing land subdivision established pursuant to either chapter 58.16 or chapter 58.17 RCW, the owner of an individual lot proposes to divide it into a number of smaller lots for the purpose of sale or lease, while such action constitutes a "resubdivision" as defined in RCW 58.17.020(6) and is, thereby, subject to the general provisions of chapter 58.17 RCW relating to subdivisions (AGO 1980 No. 5), the subdivider is not, in addition, required to vacate his existing lot or lots pursuant to chapter 58.11 RCW or alter the plat pursuant to chapter 58.12 RCW; if, however, the vacation of a plat or part thereof entails the vacation of a county road, one or the other of the procedures set forth in chapter 58.11 RCW and chapter 36.87 RCW, respectively, must be utilized.
COUNTIES - CITIES AND TOWNS - PENSIONS - RETIREMENT - PROBATIONARY EMPLOYEES
MEMBERSHIP IN LAW ENFORCEMENT OFFICERS' AND FIRE FIGHTERS' RETIREMENT SYSTEM It is not necessary for a city fire fighter or a county deputy sheriff to have satisfactorily completed the probationary periods of service provided for in RCW 41.08.100 or RCW 41.14.130 in order to obtain membership in the Law Enforcement Officers' and Fire Fighters' Retirement System; likewise, as a matter of state law, it is not necessary for a city police officer to have satisfactorily completed the probationary period specified in RCW 41.12.100 in order to obtain membership in the retirement system but, conceivably, such a qualification could be established in this instance by a local charter provision or ordinance.
COUNTIES - BOUNDARY REVIEW BOARDS
DATE OF ESTABLISHMENT OR CREATION For the purposes of RCW 36.93.140, a county boundary review board in other than a class AA or class A county is to be deemed to have been created as of the date of the resolution of the board of county commissioners establishing the boundary review board even though some or all of the members of the board are not appointed by the Governor until a later date.
COUNTIES - CITIES AND TOWNS - ZONING CODES - STATE BUILDING CODE
APPLICABILITY TO STATE AGENCIES A city, town or county may not amend the state building code as it applies within its jurisdiction so as to require state agencies to comply with local zoning or other land use controls as a condition precedent to receiving a local building permit.
TAXATION - COUNTIES - CITIES AND TOWNS
IMPOSITION OF LOCAL SALES AND USE TAX Impact upon residents of incorporated cities and towns, and upon the governing bodies thereof, of a decision by the county within which they are located to impose a local sales and use tax under RCW 82.14.030.
COUNTIES - TAXATION
APPLICABILITY OF STATE BUSINESS AND OCCUPATION TAX TO COUNTY DATA PROCESSING SERVICES The deduction from the measure of the business and occupation tax authorized by RCW 82.04.430(1) is applicable to a county which provides data processing services to other counties and cities in the manner discussed in AGLO 1975 No. 97 [[to Robert E. Schillberg, Prosecuting Attorney, Snohomish County on December 22, 1975, an Informal Opinion, AIR-75597]].
COUNTIES - CITIES AND TOWNS - TAXATION - GAMBLING
USE OF COUNTY OR CITY GAMBLING TAX REVENUES Under RCW 9.46.113 law enforcement activities related to the enforcement of state gambling laws must be regarded as having the "first call" on municipal gambling tax revenues authorized by RCW 9.46.110.
INITIATIVE NO. 276 - COUNTIES - CITIES AND TOWNS - POLICE RECORDS
ACCESS TO POLICE RECORDS UNDER THE INITIATIVE A discussion of the extent to which the provisions of RCW 42.17.310(1)(d) and (e) prohibit public access to police records.
PLATS AND PLATTING - COUNTIES
AUTHORITY OF COUNTY TO REGULATE CERTAIN SUBDIVISIONS A county may, by ordinance, require the platting of subdivisions in accordance with chapter 58.17 RCW in any case in which the smallest lot within a subdivision is fifty acres or less in area.
COUNTIES - EMPLOYEES - CIVIL SERVICE - ELECTIONS
POLITICAL ACTIVITIES BY CERTAIN COUNTY EMPLOYEES The extent to which RCW 41.06.250(2) supersedes § 560 of the King county charter restricting political activities by county employees.
COUNTIES - OFFICERS - ELECTIONS - FREEHOLDERS
NONPARTISAN COUNTY OFFICERS A county charter may provide for the nonpartisan election of county council members.
COUNTIES - CITIES AND TOWNS - BOUNDARY REVIEW BOARD
DISINCORPORATION OF MUNICIPALITIES In the event of a proposal to disincorporate a city or town under chapter 35.07 RCW, there will be sufficient compliance with RCW 36.93.090 if the initiators of a petition for disincorporation file their notice of intent with the boundary review board having jurisdiction at the same time as they formally file the petition itself with the city or town council involved.
INITIATIVE NO. 276 - COUNTIES - CITIES AND TOWNS - POLICE RECORDS
ACCESS TO POLICE RECORDS UNDER THE INITIATIVE(1) Under the provisions of RCW 42.17.260 ‑ 42.17.310, a determination that certain records in the custody of a city police department do, or do not, contain specific intelligence information or the identity of persons who file complaints with investigative, law enforcement, or penology agencies will not, by and of itself, establish whether the records involved may legally be disclosed to the news media or other members of the public; instead, in each case a further determination must be made, on the basis of the facts of the particular case, whether disclosure will violate an individual's right of personal privacy or a vital governmental interest.
COUNTIES - ELECTIONS - ADVISORY
CONDUCT OF ADVISORY ELECTIONS BY COUNTIES In connection with its adoption of an ordinance under RCW 36.32.120, a board of county commissioners may, but is not required to, conduct an advisory election to be participated in by the voters of the county.
COUNTIES - NEWSPAPERS
DESIGNATION OF OFFICIAL COUNTY NEWSPAPER A newspaper which is published on less than a weekly basis may not be designated as the official paper of a county under RCW 36.72.010, et seq.
TAXATION - REAL PROPERTY - COUNTIES
DEADLINE FOR ANNUAL PROPERTY TAX LEVIES If a board of county commissioners elects to conduct its annual budget hearing on the first Monday in December, as permitted by RCW 36.40.071, instead of conducting that hearing on the first Monday in October as provided for under RCW 36.40.070, the board may then lawfully fix the amount of the county property tax levy necessary to fund the budget at that later time rather than on the second Monday in October as "apparently mandated" by RCW 84.52.070.
COURTS - JUSTICE - COUNTIES - CITIES - LEAVE OF ABSENCE - SICK LEAVE
PAYMENT OF COMPENSATION Although a city which has established a department of a district justice court under chapter 3.46 RCW is required by RCW 3.46.090 to pay all or a portion of the district judge's salary, such city is not required to pay any portion of the county's terminal leave benefits to the judge upon his retirement.
COUNTIES - EMPLOYEES - MILITARY - VETERANS PREFERENCE
VETERANS PREFERENCE A person is not eligible for a veteran's preference in a competitive examination for public employment under RCW 41.04.010(1) solely on the basis of a six year enlistment in the Washington National Guard under 10 U.S.C.§ 511(d) with respect to which his only period of active duty (aside from drills and annual training exercises) was for a four month training period as required by that federal statute.
COUNTIES - PUBLIC TRANSPORTATION SYSTEMS - TAXATION
RATES The rate of any such excise tax as would be imposed under proposed legislation to finance county public transportation systems would not constitutionally be required to be graduated so that higher rates would be paid by persons or businesses situated near or immediately adjacent to the transportation route involved than are paid by persons or businesses more remotely situated within the zone served by the public transportation system.
COUNTIES - TAXATION - REAL ESTATE - TAX TITLE LAND - SANITARY LAND FILL
COUNTY USE OF TAX TITLE LAND (1) The legislative authority of a county is not first required to convey tax title land to itself in its proprietary capacity under RCW 36.35.030 before exchanging such property for other land under RCW 36.35.050. (2) Subsequent tax revenues derived from tax title property which was conveyed to private ownership under RCW 36.35.050 are to be distributed to the taxing districts in which the land is situated. (3) A county is not required by RCW 36.35.030 to operate a sanitary land fill on former tax title land at a profit.
COUNTIES - CITIES AND TOWNS - BUILDINGS
EFFECT OF STATE BUILDING CODE UPON INSTALLATION OF SAFETY GLASS The state building code, chapter 96, Laws of 1974, 1st Ex. Sess., supersedes the provisions of chapter 2, Laws of 1973, 1st Ex. Sess., to the extent that the two acts are in conflict.
SCHOOLS - COUNTIES - CHILDREN - DAY CARE CENTERS
AUTHORITY OF COUNTY TO PROVIDE DAY CARE CENTERS FOR CHILDREN OF WORKING MOTHERS Under existing law, a noncharter county may not expend federal revenue sharing moneys to fund a portion of the operation of a day care center for children of working mothers which is operated by a nonprofit corporation; however, to the extent permitted by Article VIII, § 7 of the state constitution such authority would be granted by the passage of House Bill No. 384 or Senate Bill No. 2151, currently pending before the 1975 legislature.
COUNTIES - CITIES AND TOWNS
AUTHORITY OF COUNTY TO PROVIDE FINANCIAL ASSISTANCE TO THE CITY FIRE SERVICE RCW 36.32.470 authorizes a county under certain stated circumstances to provide financial assistance, without consideration, to a city located within the county for the purpose of improving its municipal water system in order to improve the fire fighting capability of the city.
COUNTIES - BUILDINGS - STATE BUILDING CODE
AUTHORITY OF COUNTY TO EXEMPT CERTAIN STRUCTURES FROM STATE BUILDING CODE A board of county commissioners, under RCW 19.27.060(3), may not exempt a class of buildings from the operation of the entire state building code.
COURTS - JUSTICE - CITIES - COUNTIES
PROBATION OF CITY OFFENDERS IN DISTRICT COURTS (1) A district justice court has the authority to place a defendant convicted of a violation of a city ordinance on probation under the supervision of a county probation officer serving in a county department organized pursuant to RCW 9.95.210 even without an interlocal cooperation agreement. (2) A district court does not have authority to direct a defendant convicted of a misdemeanor to pay a probation service fee to the county probation department as revenue to assist in the administration of the department.
TAXATION - COUNTIES - CITIES AND TOWNS - FUNDS - STATE - LEGISLATURE
DIVISION OF CERTAIN LOCAL EXCISE TAX REVENUES Extent to which the 1975 legislature may constitutionally divert proceeds derived from local motor vehicle excise taxes under RCW 35.58.273, et seq., from the taxing municipality for other purposes.
COUNTIES - CITIES AND TOWNS
LOCAL REGULATION OF NOISE Procedures to be followed by a county or city in adopting local noise controls differing from those established by the state department of ecology under chapter 183, Laws of 1974, 1st Ex. Sess.
COUNTIES - CITIES AND TOWNS - ZONING - POLICE POWER - REGULATION OF CONDOMINIUM DEVELOPMENTS
COUNTIES ‑- CITIES AND TOWNS ‑- ZONING ‑- POLICE POWER ‑- REGULATION OF CONDOMINIUM DEVELOPMENTS
The provisions of RCW 64.32.110, a section of the horizontal property regimes act (condominiums) of 1963, have no effect on local police power regulations which do not relate to zoning (e.g., building codes) ‑- as distinguished from the pertinent provisions of local zoning codes themselves.
COUNTIES - PLATS AND SUBDIVISIONS - APPROVAL OF DEDICATIONS IN SHORT PLAT
COUNTIES ‑- PLATS AND SUBDIVISIONS ‑- APPROVAL OF DEDICATIONS IN SHORT PLAT A county, under authority of RCW 58.17.060, may adopt an ordinance which would authorize the director of planning to approve a short plat containing dedications without submission of the dedications to the county commissioners for approval under RCW 58.17.070.
COUNTIES - ANIMALS - FEES - OPERATION OF COUNTY ZOO AND IMPOSITION OF ADMISSION CHARGES IN CONNECTION THEREWITH
COUNTIES ‑- ANIMALS ‑- FEES ‑- OPERATION OF COUNTY ZOO AND IMPOSITION OF ADMISSION CHARGES IN CONNECTION THEREWITH Under the provisions of RCW 36.68.090 a county may construct and operate a county zoo and impose reasonable admission charges in connection therewith.
COUNTIES - COURTS - FISH - FINES - DISPOSITION OF FINES AND COSTS COLLECTED FOR FISHING LAW VIOLATIONS
COUNTIES ‑- COURTS ‑- FISH ‑- FINES ‑- DISPOSITION OF FINES AND COSTS COLLECTED FOR FISHING LAW VIOLATIONS Where, in connection with a prosecution in superior court for a violation of state fishing laws, there has been a change of venue from the county in which the action was commenced to another where the trial took place, and a fine was assessed and collected, the county entitled to retain fifty percent of that fine under RCW 75.08.230 is the one in which (1) the trial took place in superior court resulting in a judgment assessing the fine and (2) the fine is collected by the superior court to be remitted to the county treasurer.
TAXATION - PROPERTY - COUNTIES - HEALTH
RATE OF PROPERTY TAX FOR PUBLIC HEALTH WORK The increased rate of property taxation for public health work in each county which is provided for by RCW 70.12.010, as amended by § 1, chapter 291, Laws of 1975, 1st Ex. Sess., is applicable both to 1975 taxes to be collected in 1976 and 1976 taxes to be collected in 1977.
COUNTIES - TAXATION
APPLICABILITY OF STATE BUSINESS AND OCCUPATION TAX TO COUNTY DATA PROCESSING SERVICES(1) A county which provides data processing services to other municipal corporations (such as other counties and cities) and to title insurance companies on a regular and continuous basis is thereby subject to the business and occupation tax imposed by chapter 82.04 RCW.
TAXATION - COUNTIES - REAL ESTATE EXCISE TAX - TRANSFER OF REAL PROPERTY BETWEEN PARENT AND SUBSIDIARY CORPORATIONS
TAXATION ‑- COUNTIES ‑- REAL ESTATE EXCISE TAX ‑- TRANSFER OF REAL PROPERTY BETWEEN PARENT AND SUBSIDIARY CORPORATIONS A transfer of an interest in real property by a parent corporation to a subsidiary corporation, or by a subsidiary corporation to a parent corporation, is not subject to the one percent real estate excise tax under chapter 28A.45 RCW where the transferee corporation does not issue or transfer stock certificates to the transferor corporation in exchange for the interest in real property thus transferred.
COUNTIES - HOUSING AUTHORITY - CONTRACTS
JOINT CONSTRUCTION OF GROUP HOME A county of the first class and a housing authority may contract for the joint construction and/or operation of a group home for the developmentally disabled under chapter 35.82 RCW as amended by chapter 198, § 2, Laws of 1973, 1st Ex. Sess.
OFFICES AND OFFICERS - STATE - THERMAL POWER PLANT SITE EVALUATION COUNCIL - COUNTIES - COMPOSITION OF COUNCIL
COUNTY REPRESENTATIVE The representative of a county who is to be appointed to the thermal power plant site evaluation council under RCW 80.50.030(4) whenever an application for a proposed thermal power plant site within the county is filed with the council is required to be a member of the legislative authority of the county.
COUNTIES - SEWERS - EASEMENTS
INSTALLATION OF FACILITIES ON PRIVATE LANDS A county, in the exercise of its authority under chapter 36.94 RCW, to construct and maintain a drainage system, may place any of the physical facilities involved on privately owned land pursuant to easements by the private owners of the land.
COUNTIES - BOARDS OF EQUALIZATION - OPEN MEETINGS
COUNTIES ‑- BOARDS OF EQUALIZATION ‑- OPEN MEETINGS The various county boards of equalization and the state board of tax appeals are excluded from the open meetings act when dealing with property tax exemption cases; however, county boards of equalization must conduct open sessions in such cases under RCW 84.48.010.
COURTS - SUPERIOR - COUNTIES - EMPLOYEES - REPORTERS
COURTS ‑- SUPERIOR ‑- COUNTIES ‑- EMPLOYEES ‑- REPORTERS Court reporters appointed by the various superior court judges under RCW 2.32.180 are employees of the county or counties whose superior courts they serve pursuant to such appointments.
VETERANS - COUNTIES - RELIEF - PROCEDURES FOR PAYMENTS OF COUNTY VETERANS RELIEF BENEFITS
VETERANS ‑- COUNTIES ‑- RELIEF ‑- PROCEDURES FOR PAYMENTS OF COUNTY VETERANS RELIEF BENEFITS
(1) The Allied Veterans' Council of Washington State does not qualify as a veterans' organization for the purposes of RCW 73.08.010.
(2) Chapter 73.08 RCW does not authorize a board of county commissioners to contract with an outside organization for the purpose of administering its county veterans' relief fund.
COURTS - SUPERIOR - COMMISSIONERS - COUNTIES - APPOINTMENT
COURTS ‑- SUPERIOR ‑- COMMISSIONERS ‑- COUNTIES ‑- APPOINTMENT Under Article IV, § 23 of the Washington Constitution there may be appointed one or more court commissioners, not exceeding three in number, for each county.
DISTRICTS - SCHOOLS - COUNTIES - LOCAL IMPROVEMENT - PETITIONS
DISTRICTS ‑- SCHOOLS ‑- COUNTIES ‑- LOCAL IMPROVEMENT ‑- PETITIONS A school district, acting through its board of directors, may sign a petition for the formation of a utility local improvement district under RCW 36.94.230, or sign a protest petition against the formation of such a district under RCW 36.94.240.
COUNTIES - COURT HOUSES
LOCATION OF COUNTY COURT HOUSE A board of county commissioners, in the exercise of its responsibility under RCW 36.32.120(1) and related statutes to provide for the erection and maintenance of a county court house, may not locate that court house outside the territorial boundaries of the city which has been designated as the county seat.
COUNTIES - CARRIERS - FERRIES - AUTHORITY OF 7TH CLASS COUNTY TO ENGAGE IN TRANSPORTATION BUSINESS
COUNTIES ‑- CARRIERS ‑- FERRIES ‑- AUTHORITY OF 7th CLASS COUNTY TO ENGAGE IN TRANSPORTATION BUSINESS Except to the extent that it is authorized under RCW 36.54.010, et seq., to own and operate a ferry system, a 7th class county is not authorized to engage in the transportation business for hire.
COUNTIES - COMMISSIONERS - ADOPTION OF AMENDMENTS TO THE JUSTICE COURT DISTRICTING PLAN
COUNTIES ‑- COMMISSIONERS ‑- ADOPTION OF AMENDMENTS TO THE JUSTICE COURT DISTRICTING PLAN A board of county commissioners is not divested of its authority to adopt amendments to its justice court districting plan by virtue of its failure to have done so within the time period specified in RCW 3.38.040.
COUNTIES - AMBULANCES - OPERATION OF UNDER CHAPTER 89, LAWS OF 1972, EX. SESS
COUNTIES ‑- AMBULANCES ‑- OPERATION OF UNDER CHAPTER 89, LAWS OF 1972, EX. SESS Chapter 89, Laws of 1972, Ex. Sess., authorizes a third class county to establish an ambulance service for the entire county including that portion of the county lying within an incorporated city or town; such county ambulance service may compete with a municipal system owned and operated by a fourth class city but it may not compete with existing private ambulance system.
OFFICES AND OFFICERS - COUNTIES - ASSESSOR - ADVISORY COMMITTEE MEMBERS - TENURE
OFFICES AND OFFICERS ‑- COUNTIES ‑- ASSESSOR ‑- ADVISORY COMMITTEE MEMBERS ‑- TENURE Persons appointed to serve as members of an advisory committee under § 11, chapter 212, Laws of 1973, Ex. Sess., serve at the pleasure of the board of county commissioners; they may be compensated for mileage and other expenses pursuant to RCW 36.17.030.
COUNTIES - CONTRACTS - COMPREHENSIVE PROCEDURES - REAL OR PERSONAL PROPERTY
COUNTIES ‑- CONTRACTS ‑- COMPREHENSIVE PROCEDURES ‑- REAL OR PERSONAL PROPERTY Extent to which chapter 36.34 RCW applies to the sale, lease or other disposition of county real or personal property in a county which has adopted its own comprehensive procedures for the management of county property under the provisions of chapter 196, Laws of 1973, 1st Ex. Sess.
COUNTIES - CITIES AND TOWNS - SPOT ZONING
COUNTIES ‑- CITIES AND TOWNS ‑- SPOT ZONING Criteria to be applied in determining whether a rezone from Forestry Recreation and Residential to Industrial constitutes illegal spot zoning under prior decisions of the Washington Supreme Court.
COUNTIES - CITIES AND TOWNS - CONTRACTS - BIDS - PROFESSIONAL SERVICES
COUNTIES ‑- CITIES AND TOWNS ‑- CONTRACTS ‑- BIDS ‑- PROFESSIONAL SERVICES (1) Second, third and fourth class cities are required by RCW 35.23.352 to call for bids in connection with the purchase of professional services where the anticipated cost for such services will exceed $2,000, and this statute contains no exception to reflect the possibibility of a conflict between its requirements and a canon of professional ethics which is so written as to prohibit the members of the profession which it governs from responding to a city's call for bids for their service.
(2) Counties, code cities and first class cities are not required to bid for professional services and therefore, the governing bodies of such municipalities may exercise discretion in connection with this matter.
OFFICES AND OFFICERS - STATE - LIQUOR BOARD - TAXES - COUNTIES - ALCOHOLISM ADMINISTRATIVE BOARDS - RECEIPT OF LIQUOR TAXES BY CITIES AND COUNTIES
OFFICES AND OFFICERS ‑- STATE ‑- LIQUOR BOARD ‑- TAXES ‑- COUNTIES ‑- ALCOHOLISM ADMINISTRATIVE BOARDS ‑- RECEIPT OF LIQUOR TAXES BY CITIES AND COUNTIES Extent to which an alcoholism administrative board is required in order for a city and county to receive liquor taxes and profits under chapter 70.96 RCW, as amended by chapter 155, Laws of 1973, 1st Ex. Sess.
DISTRICTS - FIRE PROTECTION - COUNTIES - CITIES AND TOWNS - SCHOOL DISTRICTS - MUNICIPALITIES
SERVICE CHARGES FOR CERTAIN FIRE PROTECTION Chapter 126, Laws of 1974, 1st Ex. Sess., does not authorize a board of fire commissioners to impose a service charge on real and personal property owned by the state or any county or other municipal corporation which is benefited by fire protection service offered by a fire protection district.
COUNTIES - ZONING LAWS
ADOPTION AND REGULATION OF COUNTY ZONING CODES Time period for adoption of official controls following adoption of comprehensive plan pursuant to RCW 36.70.320 ‑ 36.70.440; authority to adopt interim zoning ordinance; amendment of interim zoning ordinance and map prior to adoption of permanent zoning ordinance; necessity for periodic update of comprehensive plan; legality of a moratorium on land development while comprehensive plan is being updated; time limitations for bringing a lawsuit for testing the validity of planning or zoning actions taken by a board of county commissioners.
COUNTIES - EMPLOYEES - INSURANCE
AUTHORITY TO PAY MEDICAL INSURANCE PREMIUMS FOR RETIRED COUNTY EMPLOYEES (1) A county does not presently have the authority to pay medical insurance premiums for its retired former employees except those who were, before retirement, members of the law enforcement officers' and fire fighters' retirement system. (2) A county does not have the present authority to make payroll deductions from the salary of its current employees to fund the payment of medical insurance premiums for them after their retirement.
COUNTIES - CITIES AND TOWNS - DISTRICTS - SCHOOLS
CONTRACTS(2) Ability of fourth class city and county to enter into agreement under the interlocal cooperation act whereby county road funds will be expended to repair and maintain a city street; the expenditure of county road funds to maintain a nonpublic roadway on school district property; applicability of interlocal cooperation act to intergovernmental disposition of school district property.
CITIES AND TOWNS - COUNTIES
PLATS AND SUBDIVISIONS The legislative body of a city, town or county, in adopting regulations and procedures for the approval of short subdivisions under RCW 58.17.060, as amended by § 3, chapter 134, Laws of 1974, 1st Ex. Sess., may not specify, at its option, the number of lots, tracts or parcels into which land must be divided before such regulations and procedures will be applied.
OFFICES AND OFFICERS - STATE - WASHINGTON STATE PATROL - COUNTIES - SHERIFFS - CITIES
POLICE Jurisdiction of Washington State Patrol, county sheriffs and city police with respect to state, county and city traffic law violations.
COUNTIES - EMPLOYEES - ELECTIONS
POLITICAL ACTIVITIES OF COUNTY EMPLOYEES RCW 41.06.250, as amended by § 1, chapter 136, Laws of 1974, 1st Ex. Sess., in granting to the employees of the state or any political subdivision thereof the right to engage in certain described political activities, does supersede the provisions of § 560 of the King county charter to the extent that this charter provision is in conflict with the state statute as thus amended.
COUNTIES - CITIES AND TOWNS - TAXATION
AUTHORITY TO IMPOSE SPECIAL EXCISE TAX A county, and a city situated within that county may both impose the special excise tax authorized by RCW 67.28.180 on statutorily taxable transactions occurring within the city.
COUNTIES - HEALTH - BOARD OF HEALTH - WATER - PUBLIC UTILITY DISTRICTS
Authority of county health board to order fluoridation of water supply. 1. A county health board may lawfully order the fluoridation of a water supply system owned and operated by a public utility district and located within the county’s jurisdiction. 2. Subject to constitutional requirements, a county health board may lawfully order a public utility district to fluoridate a discrete portion of the PUD’s water supply system. 3. A county health board may enact a regulation requiring the fluoridation of water supply systems generally but, subject to constitutional requirements, a generally applicable regulation is not prerequisite to the issuance of enforcement orders on the subject. 4. A county health board may lawfully order the fluoridation of a water supply system where the order is contingent upon a third-party source of funding for the fluoridation process.
INTERLOCAL COOPERATION ACT - CITIES AND TOWNS - COUNTIES - COLLEGES AND UNIVERSITIES
Authority of city, county, and university to enter into an interlocal agreement to provide services concerning potential effects of climate change. A city, county, and university have the authority to enter into an interlocal agreement under which the city would contract to use the services of the university’s extension program with the county to provide educational programs and other services concerning the potential effects of climate change.
COUNTIES - ELECTIONS - BOARD OF COUNTY COMMISSIONERS - PETITIONS - COUNTY SEAT
Authority to process petitions and canvass elections for the removal of a county seat 1. The board of county commissioners is required to canvass petitions seeking to remove the county seat; the board may not delegate the discretionary elements of the canvassing process. 2. Canvassing of signatures on a petition to remove the county seat by the board of county commissioners is action that must be taken at a properly called meeting as set forth in the Open Public Meetings Act. 3. There is no statutory limit on the amount of time that may elapse between the date that a petition to remove a county seat is signed and the date when the petition is submitted to the county legislative authority. 4. Signatures on a petition to remove the county seat may be withdrawn, and serial petitions adding signatures may be submitted, prior to the statutory deadline for filing any removal petition.
COUNTIES - DISTRICTS - HEALTH
REGULATION OF SOLID WASTE DISPOSAL Identification of unit of government of Spokane county with responsibility under chapter 70.95 for issuance of permit for operation of a sanitary landfill; applicability of site permit system provided for by RCW 70.95.170 to both "inert waste matter" and "garbage and other similar waste matters; agency required to prepare environmental impact statement with respect to sanitary landfill in Spokane county; authority of county engineer to grant or deny an application for permit to operate a sanitary landfill under RCW 70.95.170.
COUNTIES - ROADS - CONTRACTS
COST OF MATERIALS AS FACTOR IN DETERMINING PROJECT COST UNDER RCW 36.77.060(1) In determining whether a particular county road construction or improvement project may be accomplished by day labor under RCW 36.77.060 (in a case where the construction or improvement is not the installation of electrical control devices or the like) prior to the effective date of the repeal thereof on January 1, 1981, the costs of related construction materials need not be taken into consideration irrespective of (a) whether the construction materials were purchased in connection with the particular project rather than being acquired as a part of a general inventory or (b) whether those construction materials were purchased by competitive bidding or not.
COURTS, SUPERIOR - COUNTIES - LEGISLATURE
Authority Of County Legislative Authority To Eliminate A Superior Court Position Upon Occurrence Of A Vacancy
The state constitution vests authority in the legislature to direct the number of judges of the superior court. A county legislative authority wishing to reduce the number of existing judgeships may work with the legislature to accomplish that result.
COUNTIES - COUNTY TREASURERS - MUNICIPAL CORPORATIONS - TAXES - INTEREST
Sweeping Interest And Investment Returns Into County Current Expense Fund
RCW 36.29.020 allows a county treasurer to allocate the interest and investment returns earned on the investment of a county’s own funds into the county current expense fund, except for county funds as to which the legislature has specifically provided that interest and investment returns are to be dedicated to a specific purpose, or be retained in their original fund.
COUNTIES - CITIES - DISTRICTS - INTERLOCAL COOPERATION ACT - BIDS
Requirement That Local Agencies Comply With Procurement Procedures For Architectural And Engineering Services
Cities, counties, and special districts cannot contract directly with another agency for architectural and engineering services without first complying with the procurement procedures set forth in RCW 39.80, except where the legislature has granted specific statutory authority to do so.
COUNTIES - COUNTY COMMISSIONER - CONTRACT - LEGISLATIVE AUTHORITY
Power Of County Legislative Authority To Enter Into Contract That Binds The County Legislative Authority In The Future
A county legislative authority is generally prohibited from entering into contracts that bind the future legislative actions of the county. The application of this principle depends upon a distinction between actions that are legislative in nature and those that are merely administrative or proprietary.
COUNTIES - COUNTY TREASURER - CHARTERS
Power Of County Legislative Authority To Suspend County Treasurer
1. The legislative authority of a charter county has the authority to suspend the county treasurer from office under RCW 36.29.090. RCW 36.29.090 authorizes the legislative authority to suspend a county assessor-treasurer from his or her duties as treasurer, but not from duties as assessor. 2. For purposes of RCW 36.29.090, an action based upon “official misconduct” is a civil or criminal lawsuit alleging official misconduct and would include recall petitions, criminal prosecutions, and civil actions on required bonds posted by county treasurers to ensure the faithful performance of their duties. 3. The legislature may, by general law, authorize the legislative authority of charter counties to suspend county treasurers or treasurer-assessors from their duties so long as the legislature’s action does not violate constitutional limitations generally applicable to legislative actions.
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.