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AGO Opinions with Topic: EMPLOYEES
AGO 1970 No. 6 >  March 3, 1970
CIVIL SERVICE - STATE - EMPLOYEES - TRANSFER - ACCUMULATED LEAVE
CIVIL SERVICE - STATE - EMPLOYEES - TRANSFER - ACCUMULATED LEAVE (1) When a state employee transfers from a classified civil service position which is subject to chapter 41.06 RCW to either a classified or an exempt position which is covered by chapter 28B.16 RCW, he is not entitled to receive payment for his accumulated annual leave under RCW 43.01.041; instead, his accumulated annual leave is to be transferred from his old employing agency to his new one as provided for in RCW 43.01.040.(2) A permanent status employee transferring from a position under chapter 41.06 RCW, to a classified position in an institution of higher learning under chapter 28B.16 RCW, is subject to such "probationary period" regulations as are promulgated by the higher education personnel board under RCW 28B.16.100.
AGO 1961 No. 12 >  February 20, 1961
DISTRICTS - PORT - EMPLOYEES - CONTRACT FOR ADDITIONAL PENSION PROGRAM
DISTRICTS ‑- PORT ‑- EMPLOYEES ‑- CONTRACT FOR ADDITIONAL PENSION PROGRAM Under the provisions of RCW 53.08.170 a port district may contribute to an additional pension program established by contract between a trade association acting as collective bargaining agent for various employers including a port district and a labor union representing, among others, certain employees of the port district even though the eligible employees of said port district are members of the Washington State Employees' Retirement System.
AGO 1981 No. 8 >  July 21, 1981
DISTRICTS - SCHOOL - EMPLOYEES - INSURANCE - COLLECTIVE - BARGAINING
CONTINUATION OF PREVIOUS RATE FOR EMPLOYEES' INSURANCE BENEFITS RCW 43.63.040 [46.63.040] does not vest a municipal or police court with jurisdiction over a traffic infraction based on an alleged violation of state law‑-as distinguished from one involving a local, municipal ordinance; therefore, such a court does not have exclusive, or even concurrent, jurisdiction over a traffic infraction case which is so based, even in the absence of a contract with the county to have those traffic infractions committed within the city or town adjudicated by a district court.
AGO 1982 No. 8 >  June 17, 1982
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - EMPLOYEES - CIVIL SERVICE
ADOPTION AND IMPLEMENTATION OF COUNTY PERSONNEL SYSTEM There is no authority, under existing state law, for the adoption and implementation, by the board of county commissioners of a noncharter county, of a county personnel system covering the employment, compensation, subsequent promotion, suspension or discharge of all county employees‑-including those appointed by other, independent, county elected officials; there are, however, certain limited actions which may be taken in this area pursuant to a joint agreement between all affected county offices.
AGO 1972 No. 17 >  August 15, 1972
COMMUNITY COLLEGES - EMPLOYEES - PROFESSIONAL NEGOTIATIONS - DELEGATION OF DUTY TO NEGOTIATE
COMMUNITY COLLEGES ‑- EMPLOYEES ‑- PROFESSIONAL NEGOTIATIONS ‑- DELEGATION OF DUTY TO NEGOTIATE The board of trustees of a community college may delegate its duty to meet, confer and negotiate with representatives of its academic employees under chapter 196, Laws of 1971, 1st Ex. Sess., to a committee composed of members of the board; however, it may not delegate this function to a negotiating committee that consists either partly or entirely of non-board members.
AGO 1982 No. 17 >  December 30, 1982
DISTRICTS - SCHOOLS - EMPLOYEES - SALARIES
LEGISLATIVE RESTRICTION ON SCHOOL EMPLOYEE SALARY INCREASE FOR 1982-1983 In view of restrictions contained in the 1981-83 appropriations act, as last reflected in chapter 50, Laws of 1982, 1st Ex. Sess., school districts are not legally permitted to grant salary increases (other than as permitted by RCW 28A.58.095(3)) for the 1982-83 school year prior to June 30, 1983, except in the case of those employees who are covered by contracts entered into prior to April 20, 1982 which entitle the subject employees to salary increases during the 1982-83 school year prior to June 30, 1983.
AGO 1973 No. 3 >  January 15, 1973
DISTRICTS - SCHOOLS - EMPLOYEES - CONTRACTS
DISTRICTS ‑- SCHOOLS ‑- EMPLOYEES ‑- CONTRACTS A school district, as a condition of reemployment of its certificated teachers for a new school year, may require such teachers to sign and return their formal written employment contracts within a specified, reasonable period of time after the mailing of these contracts to the teachers.
AGO 1973 No. 9 >  March 30, 1973
DISTRICTS - SCHOOLS - EMPLOYEES - CONTRACTS - RETIREMENT - INSURANCE
DISTRICTS ‑- SCHOOLS ‑- EMPLOYEES ‑- CONTRACTS ‑- RETIREMENT ‑- INSURANCE (1) An agreement by a school district in reducing its force of certificated teachers for financial reasons to grant those teachers whose contracts are not to be renewed an unpaid leave of absence coupled with a right to return at some future date, if and when future teaching vacancies occur within the district for which they are qualified, will be enforceable by a separated teacher only if it is supported by an adequate legal consideration. (2) Such an agreement must be in writing in order to satisfy the requirements of RCW 28A.67.070, and of RCW 19.36.020 as well if the rights thereby granted are intended to be enforceable for more than one year beyond the date of its execution. (3) Considerable doubt must be expressed as to the enforceability of such a leave of absence coupled with a right of return if the term of leave exceeds one year in duration. (4) During the period of an unpaid leave of absence a teacher will not be eligible for active participation in the state teachers' retirement system as an employee of the district granting the leave. (5) Whether during the period of an unpaid leave of absence a teacher will be eligible to continue participating at his own expense in a medical insurance program provided for by the school district under RCW 28A.58.420 or RCW 41.04.180 will depend upon the terms of the particular insurance contract involved.
AGO 1983 No. 5 >  March 23, 1983
DISTRICTS - SCHOOL - EMPLOYEES - RETIREMENT - PENSIONS - SOCIAL SECURITY
WITHDRAWAL BY INDIVIDUAL DISTRICTS Because of the necessity for a legally sufficient description in connection with an offer to sell, or sale of, real property an offer to sell a portion of a larger tract of land, or the execution of a purchase and sale agreement covering such a tract of land, constitutes a "division" of the land under the definition of a "short subdivision" contained in RCW 58.17.020(6) or (7) so as to render applicable the various provisions of chapter 58.17 RCW relating to short plats and short subdivisions.
AGO 1983 No. 18 >  September 2, 1983
DISTRICTS - SCHOOLS - EMPLOYEES - INSURANCE
COMPUTATION OF INSURANCE FRINGE BENEFITS FOR SCHOOL DISTRICT EMPLOYEES Read together, the provisions of RCW 28A.58.095 and the 1983-85 Biennial Operating Appropriations Act do not permit school districts to pool the total amount of money allowed for certificated and classified employee medical insurance benefits in order to provide each employee, regardless of the class of employees to which he or she belongs, an equal employer insurance benefit contribution.
AGO 1983 No. 25 >  November 18, 1983
EMPLOYEES - STATE - ANNUAL LEAVE
SIGNIFICANCE OF ADDITIONAL VACATION LEAVE FOR STATE EMPLOYEES UNDER CHAPTER 283, LAWS OF 1983 Employees of the state an of its political subdivisions are not entitled as a matter of right to a leave of absence to attend week end or week night military reserve meetings held during the employees' working hours.
AGO 1983 No. 27 >  December 2, 1983
OFFICES AND OFFICERS - STATE - WASHINGTON STATE CONVENTION AND TRADE CENTER - CIVIL SERVICE - EMPLOYEES
CIVIL SERVICE STATUS OF EMPLOYEES OF STATE CONVENTION AND TRADE CENTER (1) The Washington State Convention and Trade Center corporation which was created pursuant to § 2, chapter 34, Laws of 1982 to construct and operate the State convention and Trade Center is a state agency for purposes of the state civil service law, chapter 41.06 RCW.(2) Identification, based upon the foregoing conclusion, of those offices or positions within the corporation which are, nevertheless, exempt from civil service coverage under RCW 41.06.070.
AGO 1973 No. 25 >  December 20, 1973
DISTRICTS - SCHOOLS - EMPLOYEES - PROFESSIONAL NEGOTIATIONS - SALARIES - POLICIES
DISTRICTS ‑- SCHOOLS ‑- EMPLOYEES ‑- PROFESSIONAL NEGOTIATIONS ‑- SALARIES ‑- POLICIES (1) The board of directors of a public school district in this state is required by existing law to adopt an annual salary schedule for all of its certificated employees within the meaning of RCW 28A.67.066; it is not, however, so required by any specific statute to adopt official policies with regard to (a) the maximum number of students in a classroom; (b) the number of elementary specialists to be used in connection with such subjects as physical education and music; (c) secondary planning periods; or (d) a schedule calendar.  (2) The provisions of the "professional negotiations act" for school district certificated personnel (chapter 28A.72 RCW) permit but do not require the board of directors of a school district (or a committee thereof) to "meet, confer and negotiate" with the representatives of a duly designated employee organization as to proposed school policies initiated by that organization rather than by the board itself, except where those proposals are submitted by the employee organization as counterproposals during the course of pending negotiations on school policies initially proposed to be adopted by the board.
AGO 1974 No. 15 >  July 25, 1974
OFFICES AND OFFICERS - EMPLOYEES - STATE - INSTITUTIONS - SALARIES - USE OF STATE‑OWNED OR LEASED AUTOMOBILES
OFFICES AND OFFICERS ‑- EMPLOYEES ‑- STATE ‑- INSTITUTIONS ‑- SALARIES ‑- USE OF STATE‑OWNED OR LEASED AUTOMOBILES (1) The governing body of a state institution may not, in the exercise of its statutory authority to employ and fix the salaries and duties of the various administrative officers and employees of that institution, provide those officers and employees with the unrestricted use of an automobile owned or leased by the institution for that purpose.  (2) Where the statutory authority of a state institution is to "employ," or "employ and compensate" its necessary officials or employees, that institution may, in the exercise of this authority, contract to provide the unrestricted use of an automobile leased by the institution for that purpose, but it may not so contract in the case of a state‑owned automobile in view of WAC 82-28-200 which provides that state cars shall be used only for official business.
AGO 1962 No. 115 >  April 17, 1962
PLANNING COMMISSION - REGIONAL - EMPLOYEES - AGENCY OF THE PARTICIPATING MUNICIPAL CORPORATION
PLANNING COMMISSION ‑- REGIONAL ‑- EMPLOYEES ‑- AGENCY OF THE PARTICIPATING MUNICIPAL CORPORATION (1) A regional planning commission organized under RCW 35.63.070 is an agency of the participating municipal corporation and not a separate municipal corporation. (2) Employees of such a commission are employees of the participating municipal corporations.
AGO 1975 No. 7 >  April 22, 1975
COMMUNITY COLLEGES - EMPLOYEES - LABOR - LEGALITY OF AGENCY SHOP CLAUSE COVERING COMMUNITY COLLEGE ACADEMIC EMPLOYEES
COMMUNITY COLLEGES ‑- EMPLOYEES ‑- LABOR ‑- LEGALITY OF AGENCY SHOP CLAUSE COVERING COMMUNITY COLLEGE ACADEMIC EMPLOYEES The board of trustees of a community college district may not legally include what is commonly referred to as an "agency shop" clause in a negotiated agreement entered into between such board and the faculty employees of the district under the provisions of chapter 28B.52 RCW for the reason that such a clause is prohibited by RCW 28B.52.070.
AGO 1976 No. 10 >  April 6, 1976
DISTRICTS - SCHOOLS - EMPLOYEES - LEAVE OF ABSENCE WITH PAY FOR CERTAIN SCHOOL EMPLOYEES
ACCUMULATION OF SICK LEAVE AND RETIREMENT CREDIT WHILE ON LEAVE (1) If a school district under RCW 28A.58.100 allows a certified employee to take a leave of absence with pay pursuant to a written policy adopted by its board of directors, the employee may use such leave to perform service as an elected officer of a state or local employee organization or union unless precluded from doing so by the board policy; however, a school district leave policy designed specifically to allow this to be done, whether by agreement with the employee organization or union involved or otherwise, would be of doubtful validity under Article VIII, § 7 of the state constitution. (2) At the discretion of the employing school district, the rate of pay which an employee on nonmandatory leave of absence under RCW 28A.58.100 may receive during the period of such leave may be either the same, lower, or higher than that which the employee would have otherwise received for the performance of employment services if not on leave of absence. (3) A certificated school district employee who serves as an elected officer of a state or local employee organization or union while on a discretionary leave of absence without pay under RCW 28A.58.100(2) will be entitled to such sick leave during the period of his leave of absence as the school board by which he is employed elects to allow under its written leave policy. (4) A certificated school district employee who is on a leave of absence with pay while serving as an elected officer of a state or local employee organization or union and who is listed as employed by his school district is entitled to service credit for the period of such leave for purposes of the state teachers' retirement system.
AGO 1985 No. 5 >  February 7, 1985
PUBLIC WORKS - EMPLOYEES - APPRENTICES
APPLICABILITY OF STATE PREVAILING WAGE LAW A federal Bureau of Apprenticeship and Training (BAT) apprentice program may not be substituted for a state‑approved apprenticeship program under chapter 49.04 RCW for the purposes of ascertainment of the prevailing wage on public works projects under RCW 39.12.021.
AGO 1964 No. 120 >  September 9, 1964
OFFICES AND OFFICERS - STATE - DEPARTMENT OF LABOR AND INDUSTRIES - ELECTRICIANS' LICENSE - CONTRACTING FIRM - EMPLOYEES - PRE‑EMPTION PREVENTS LICENSING BY CITIES AND TOWNS
OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF LABOR AND INDUSTRIES ‑- ELECTRICIANS' LICENSE ‑- CONTRACTING FIRM ‑- EMPLOYEES ‑- PRE‑EMPTION PREVENTS LICENSING BY CITIES AND TOWNS The state acting through the department of labor and industries may not require each electrician-employee of an electrical contracting firm (which firm is licensed by the state under chapter 19.28 RCW) to obtain an individual state license.  The state license issued to the firm which entitles it to engage in business "in any and all places in the state of Washington" precludes a city or town from requiring a local license of the employees of such firm.
AGO 1964 No. 128 >  December 8, 1964
CITIES AND TOWNS - FOURTH CLASS - EMPLOYEES - DISABILITY MONTHLY INCOME COVERAGE - PAYROLL DEDUCTIONS
CITIES AND TOWNS ‑- FOURTH CLASS ‑- EMPLOYEES ‑- DISABILITY MONTHLY INCOME COVERAGE ‑- PAYROLL DEDUCTIONS (1) A city of the fourth class utilizing the provisions of RCW 35.23.460 may pay all or a part of the costs of disability monthly income coverage for its employees if the coverage is obtained on a group insurance basis.(2) A city of the fourth class having less than twenty-five employees is authorized but not required to make payroll deductions for purposes of paying the costs of group health and accident disability coverage.
AGO 1978 No. 19 >  May 25, 1978
DISTRICTS - SCHOOL - EMPLOYEES - APPROPRIATION FOR SCHOOL DISTRICT AVERAGE COMPENSATION INCREASES
DISTRICTS ‑- SCHOOL ‑- EMPLOYEES ‑- APPROPRIATION FOR SCHOOL DISTRICT AVERAGE COMPENSATION INCREASES (1) For the purposes of § 96(1), chapter 339, Laws of 1977, 1st Ex Sess., a school district's average compensation level for the 1976-77 school year is to be computed on the basis of the compensation which was actually provided by the district to its employees during that school year.  (2) In determining the extent of funding to which a given school district is entitled under either subparagraph (a) or (b) of § 96(1), chapter 339, Laws of 1977, 1st Ex Sess., the district's actual average compensation level for the 1977-78 school year is not required to be taken into account.
AGO 1978 No. 28 >  October 26, 1978
EMPLOYEES - STATE - SALARY - PAYROLL DEDUCTIONS FOR VOLUNTARY POLITICAL CONTRIBUTIONS
EMPLOYEES ‑- STATE ‑- SALARY ‑- PAYROLL DEDUCTIONS FOR VOLUNTARY POLITICAL CONTRIBUTIONS (1) There is, at present, no state statutory authority whereby a state employee may cause portions of his or her salary or wages to be withheld, through a payroll deduction system, for the specified purpose of making voluntary political contributions to a labor union or other employee organization.   (2) Nothing contained in the Federal Elections Campaign Act of 1971, as amended, either authorizes or requires a state to provide for a system of payroll deductions in order to facilitate voluntary political contributions by state employees.
AGO 1987 No. 17 >  June 19, 1987
STATE - BOARD OF TAX APPEALS - EMPLOYEES - CIVIL SERVICE
AUTHORITY TO DETERMINE SALARIES, JOB DESCRIPTIONS AND QUALIFICATION FOR POSITIONS WITHIN THE BOARD OF TAX APPEALS The Board of Tax Appeals may appoint, discharge and fix the compensation of non-exempt employees listed in RCW 82.03.070 under the guidelines and requirements of chapter 41.06 RCW.
AGO 1966 No. 76 >  March 7, 1966
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.
AGO 1967 No. 24 >  June 27, 1967
DISTRICTS - SCHOOLS - EMPLOYEES - LEAVE OF ABSENCE
DISTRICTS - SCHOOLS - EMPLOYEES - LEAVE OF ABSENCE (1) Under the provisions of RCW 28.58.100 (15), a school district employee does not accumulate sick leave while on a sabbatical leave or a leave of absence unless the particular school district has made provision to the contrary in its regulation governing sick leave. (2a) When a school district employee is granted a sabbatical leave or a leave of absence, he retains such sick leave benefits as he had accumulated prior to his departure so long as he returns to the district at the end of the period of his authorized leave. (2b) When a school district employee severs his employment relationship, as through retirement or separation, he has no right to be recredited with sick leave accumulated prior to his retirement or separation unless the school district has adopted a rule or regulation providing for such recrediting. (3) When a school district employee, upon completion of an authorized period on sabbatical leave or leave of absence, transfers employment from the school district which granted him the leave to another school district within the state, he retains the same accumulated sick leave benefits that he had in his previous position to the extent provided for in RCW 28.67.076; however, where a school district employee has retired or otherwise separated from employment with one school district and at some later time enters the employment of another school district, under circumstances which cannot be characterized as a transfer of employment from one school district to another, he does not retain the sick leave benefits which he had accumulated in his previous position.
AGO 1956 No. 337 >  November 9, 1956
TAXATION - EXCISE TAXES - EMPLOYEES
TAXATION ‑- EXCISE TAXES ‑- EMPLOYEES State business and occupation and sales taxes apply to charges made by persons who work by the day in the construction and remodeling of homes or buildings furnishing only labor if their status is that of an independent contractor.   Said taxes do not apply if their status is that of an employee.
AGO 1956 No. 183 >  January 13, 1956
BONDS - CONSTITUTIONALITY - STATE INSTITUTIONS - RENTAL HOUSING - EMPLOYEES
BONDS, CONSTITUTIONALITY, STATE INSTITUTIONS, RENTAL HOUSING, EMPLOYEES (a) A legislative act permitting private corporations to construct, own, and rent housing on grounds of state institutions to employees thereof probably would be constitutional. (b) Legislation permitting rental housing for employees of state institutions such housing to be constructed from the proceeds of a bond issue, the bonds being retired from the rentals, would be constitutional. (c) Legislation pledging rentals from existing housing, for employees of state institutions, in aid of the retirement of a bond issue for new housing for the same purpose, would be constitutional. (d) Legislation providing for one bond issue for all rental housing to be constructed for employees of state institutions would be valid if the overall financing plan is constitutional.
AGO 1955 No. 59 >  April 14, 1955
DISTRICTS - P.U.D. - OFFICERS - EMPLOYEES - GROUP INSURANCE
DISTRICTS ‑- P.U.D. -- OFFICERS -- EMPLOYEES -- GROUP INSURANCE Where a public utility district has less than the minimum number of employees required to contract for group insurance, it may not provide insurance for its commissioners.
AGO 1955 No. 5 >  January 12, 1955
COUNTIES - EMPLOYEES - BONDS - TERM
COUNTIES ‑- EMPLOYEES ‑- BONDS ‑- TERM Blanket Bonds for non-elective county employees are not restricted by statute to annual basis.
AGO 1954 No. 287 >  July 22, 1954
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.
AGO 1955 No. 115 >  July 15, 1955
PORT DISTRICTS - EMPLOYEES - STATE EMPLOYEES RETIREMENT SYSTEM - OASI COVERAGE PLAN
PORT DISTRICTS ‑- EMPLOYEES ‑- STATE EMPLOYEES RETIREMENT SYSTEM ‑- OASI COVERAGE PLAN Port district cannot submit plan for optional OASI coverage for employees covered by State Employees Retirement System.
AGLO 1982 No. 1 >  January 18, 1982
DISTRICTS - SCHOOLS - EMPLOYEES - RETIREMENT
REIMBURSEMENT FOR UNUSED SICK LEAVE In order to receive reimbursement for unused sick leave, pursuant to RCW 28A.58.097, at the time of separation from school district employment due to retirement, an employee must have separated from such employment and have been granted a retirement allowance under the laws governing the Teachers' Retirement System or the Public Employees' Retirement System, whichever applies;  however, it is not necessary that the employee have actually filed for retirement prior to the date of his or her separation so long as the application is thereafter filed within a reasonable period of time and without the occurrence of any intervening covered employment.
AGLO 1981 No. 17 >  July 15, 1981
DISTRICTS - SCHOOL - EMPLOYEES - SICK LEAVE
SIMULTANEOUS RECEIPT OF WORKERS' COMPENSATION UNDER STATE INDUSTRIAL INSURANCE ACT Resolution of several legal issues relating to the simultaneous receipt, by school district employees, of sick leave under RCW 28A.58.100 as amended by chapter 182, Laws of 1980, and workers' compensation payments under the state Industrial Insurance Act pursuant to a negotiated collective bargaining agreement.
AGLO 1980 No. 3 >  January 14, 1980
FERRIES - INSURANCE - EMPLOYEES
STATE‑FUNDED INSURANCE COVERAGE FOR FERRY SYSTEM EMPLOYEES (1) Employees of the Washington State Ferry System are subject to the jurisdiction of the State Employees Insurance Board under chapter 41.05 RCW with respect to the design of such employer-funded insurance coverage as they receive from the state. (2) The employer's contribution of the Washington Department of Transportation under RCW 41.05.050(2) is not, in the case of ferry system employees, limited to that which the State Employees Insurance Board sets as the employer's contribution for state agencies generally.
AGLO 1980 No. 17 >  April 18, 1980
COMMUNITY COLLEGES - EMPLOYEES - SICK LEAVE
CASHING OUT ACCUMULATED SICK LEAVE UNDER CHAPTER 150, LAWS OF 1979, 1ST EX. SESS. (1) An otherwise eligible community college employee who had, at the beginning of a particular calendar year, accumulated the statutory maximum number of sick leave days (180) allowed by RCW 28B.50.551 prior to its amendment by § 3, chapter 182, Laws of 1980 and who, during that calendar year, used none of those accumulated sick leave days may receive no remuneration for unused sick leave earned and accumulated during that year pursuant to RCW 41.04.340.
AGLO 1976 No. 9 >  February 5, 1976
CONFLICT OF INTEREST - EMPLOYEES - STATE
GIFTS TO STATE EMPLOYEES UNDER EXECUTIVE CONFLICT OF INTEREST ACT Unless modified by regulations promulgated by the governor under RCW 42.18.270, a "thing of economic value" as defined in RCW 42.18.140, prohibiting certain gifts to state employees, includes even those items of tangible personal property which are of minimal monetary value.
AGLO 1976 No. 26 >  April 5, 1976
DISTRICTS - SCHOOLS - EMPLOYEES
DIRECT DEPOSIT PAYROLL PROGRAM RCW 28A.58.730 does not permit a school district to require its employees to participate in a direct deposit payroll program established thereunder.
AGLO 1976 No. 31 >  April 29, 1976
VETERANS - EMPLOYEES - VETERANS' PREFERENCE - CIVIL SERVICE
PUBLIC EMPLOYMENT A discussion of the relationship between RCW 73.16.010, RCW 41.04.010 and 41.06.150 with respect to the preference rights of veterans in public employment with the state and its political subdivisions.
AGLO 1976 No. 40 >  June 23, 1976
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.
AGLO 1976 No. 48 >  August 3, 1976
LABOR - RAILROADS - EMPLOYEES
REQUIRING RAILROAD EMPLOYEES TO PURCHASE THEIR OWN UNIFORMS RCW 81.40.060 does not prohibit a railroad from requiring it employees to purchase their own uniforms; instead, the statute merely makes it unlawful for a railroad or other transportation company to require its employees to purchase uniforms from a particular vendor.
AGLO 1976 No. 61 >  October 4, 1976
COLLEGES AND UNIVERSITIES - EMPLOYEES - LABOR
EXCLUSIVE BARGAINING AGENT FOR COLLEGE AND UNIVERSITY FACULTY MEMBERS The board of regents of the University of Washington may not grant formal recognition to a single employee organization as exclusive bargaining agent for the faculty.
AGLO 1976 No. 65 >  November 2, 1976
ELECTRICIANS - LICENSES - EMPLOYEES
INSTALLATION WORK Employees of a given employer who do not hold an electrician's certificate of competency as provided for in chapter 18.37 RCW may perform electrical work on the premises of their employers.
AGLO 1975 No. 14 >  February 10, 1975
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.
AGLO 1975 No. 18 >  February 21, 1975
COMMUNITY COLLEGES - EMPLOYEES - LABOR - ELECTIONS
WEIGHTED VOTING IN SELECTION OF BARGAINING REPRESENTATIVE A community college district may not adopt a regulation under which those academic employees working full time would each be allocated one full vote, those employed two-thirds of full time would be allotted two-thirds of a vote, and those employed less than two-thirds of full time would be allocated one‑third of a vote in the election of their recognized bargaining representative under chapter 28B.52 RCW.
AGLO 1975 No. 27 >  March 14, 1975
COMMUNITY COLLEGES - EMPLOYEES - CONTRACTS
PAYMENT OF SALARIES TO COMMUNITY COLLEGE EMPLOYEES A community college, pursuant to contract, may legally pay its academic employees their salaries in twelve equal installments commencing in September and concluding in August of the succeeding year where the employee in question is assigned to teach fall, winter and spring quarters; or fall, winter and summer quarters; or fall, spring and summer quarters, but not winter, spring and summer quarters.
AGLO 1975 No. 28 >  March 17, 1975
RETIREMENT - PENSIONS - CITIES AND TOWNS - EMPLOYEES - LEOFF
CONSTITUTIONALITY OF CERTAIN PENSION LEGISLATION (1) The legislature can require those cities which desire not to have their employees covered by a state pension system to establish and maintain a local, municipal pension system for all of their law enforcement officers and fire fighters who are currently members of the state law enforcement officers' and fire fighters' retirement system (LEOFF), as codified in chapter 41.26 RCW. (2) In the event a city determines to stay out of a proposed state pension system, the city may, in the event that it is currently operating a pension system of its own for its general, municipal employees, include within the coverage of that system any new fire fighters or law enforcement officers employed by it after the effective date of a state law which disqualifies all such newly employed fire fighters or law enforcement officers from coverage under the LEOFF system.
AGLO 1975 No. 36 >  March 28, 1975
COLLEGES AND UNIVERSITIES - EMPLOYEES - SALARIES
RETROACTIVE PAY RAISES FOR CLASSIFIED EMPLOYEES Under Article II, § 25 (Amendment 35) of the state constitution, a retroactive pay increase for college and university classified employees would be unconstitutional; however, the higher education personnel board may implement § 2, chapter 9, Laws of 1975 by providing for pay raises to take effect as of March 1, 1975, for those personnel still employed in the positions covered on and after the date of the board's action granting the raises.
AGLO 1975 No. 68 >  August 7, 1975
COMMUNITY COLLEGES - EMPLOYEES - SALARIES - APPROPRIATION - STATE
SALARY INCREASES FOR COMMUNITY COLLEGE EMPLOYEES So much of § 11, chapter 269, Laws of 1975, 1st Ex. Sess., as provides that not more than $117,016,320 in general fund moneys shall be expended for the continuation of certain specified salary increases for state employees does not have the effect of prohibiting community college faculty and staff who are not covered by chapter 28B.16 RCW from being granted additional pay raises during the 1975-77 biennium in accordance with RCW 28B.50.140(3).
AGLO 1975 No. 76 >  August 29, 1975
DISTRICTS - FIRE PROTECTION - EMPLOYEES
APPLICABILITY OF THE WASHINGTON INDUSTRIAL SAFETY AND HEALTH ACT (WISHA) TO VOLUNTEER FIREMEN The Washington industrial safety and health act (WISHA) is applicable to all volunteer firemen who are in any way monetarily compensated for their services as such ‑ including such compensation as is received by reason of their coverage as enrolled members of the volunteer firemen's relief and pension system.
AGLO 1977 No. 27 >  July 7, 1977
COMMUNITY COLLEGES - EMPLOYEES - RELEASED TIME FOR LABOR NEGOTIATIONS - SUPPLIES AND MATERIALS FOR EMPLOYEE ORGANIZATION
COMMUNITY COLLEGES ‑- EMPLOYEES ‑- RELEASED TIME FOR LABOR NEGOTIATIONS ‑- SUPPLIES AND MATERIALS FOR EMPLOYEE ORGANIZATION

(1) It is only permissible for a community college to authorize released time, without loss of compensation, for union activities by its employees if it can readily be shown, based upon the factual circumstances involved, that the work thus being performed is also of significant benefit to the college as employer.

(2) The board of trustees of a community college may agree to provide community college property and facilities to a teachers' union or other employee organization only if (a) such use of the property or facilities is not inconsistent with the purposes of the college and (b) some form of equivalent consideration is provided for in return.

AGLO 1977 No. 30 >  July 15, 1977
OFFICES AND OFFICERS - STATE - STATE BOARD FOR COMMUNITY COLLEGE EDUCATION - COMMUNITY COLLEGES - APPROPRIATIONS - EMPLOYEES
OFFICES AND OFFICERS ‑- STATE ‑- STATE BOARD FOR COMMUNITY COLLEGE EDUCATION ‑- COMMUNITY COLLEGES ‑- APPROPRIATIONS ‑- EMPLOYEES The state board for community college education may not use funds from the appropriation contained in § 114, chapter 339, Laws of 1977, 1st Ex.Sess., to fund staff positions in minority affairs in the office of the state board itself.
AGLO 1974 No. 31 >  March 15, 1974
DISTRICTS - SCHOOLS - EMPLOYEES
CONTRACTS Where a school district has entered into a supplemental contract with a certificated employee to serve as high school principal and athletic coach, as provided for in RCW 28A.67.074, the district may not terminate that individual's employment as principal and coach during the term of such contract without compliance with RCW 28A.58.450; it may, however, elect not to renew the contract without compliance with RCW 28A.67.070.
AGLO 1973 No. 10 >  January 17, 1973
EMPLOYEES - STATE - RETROACTIVE PAY RAISES
EMPLOYEES ‑- STATE ‑- RETROACTIVE PAY RAISES A purely retroactive pay increase for state employees, not involving either the Aldrich or Christie situations, would be unconstitutional under Article II, § 25 (Amendment 35) of the Washington Constitution.
AGLO 1973 No. 15 >  January 29, 1973
EMPLOYEES - CIVIL SERVICE - POLITICAL ACTIVITIES - FEDERAL FUNDING
EMPLOYEES ‑- CIVIL SERVICE ‑- POLITICAL ACTIVITIES ‑- FEDERAL FUNDING Repeal of RCW 41.06.250 (4) would have no impact on eligibility of state to continue receiving federal funding.
AGLO 1973 No. 17 >  January 31, 1973
DISTRICTS - FIRE PROTECTION - EMPLOYEES - GROUP LIFE INSURANCE COVERAGE
DISTRICTS ‑- FIRE PROTECTION ‑- EMPLOYEES ‑- GROUP LIFE INSURANCE COVERAGE Alternative procedures available for procurement of group life insurance for employees of a fire protection district under RCW 48.24.020 and RCW 52.08.030.
AGLO 1973 No. 54 >  May 21, 1973
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.
AGLO 1973 No. 56 >  May 23, 1973
COLLEGES AND UNIVERSITIES - EMPLOYEES - LABOR - EXCLUSIVE BARGAINING AGENT FOR COLLEGE AND UNIVERSITY FACULTY MEMBERS
COLLEGES AND UNIVERSITIES ‑- EMPLOYEES ‑- LABOR ‑- EXCLUSIVE BARGAINING AGENT FOR COLLEGE AND UNIVERSITY FACULTY MEMBERS The governing body of a state college or university does not have the authority to grant formal recognition to a single employee organization as exclusive bargaining agent for the faculty.
AGLO 1973 No. 57 >  May 29, 1973
EMPLOYEES - STATE - SALARIES - CONSTITUTIONALITY OF RETROACTIVE TERMINAL LEAVE PAY AND OTHER BENEFITS
EMPLOYEES ‑- STATE ‑- SALARIES ‑- CONSTITUTIONALITY OF RETROACTIVE TERMINAL LEAVE PAY AND OTHER BENEFITS A proposal to amend House Bill No. 1054 at the September legislative session so as to cause the terminal leave benefits provided for therein to be applicable, retroactively, to employees previously terminated by reason of the state facility to be closed would be unconstitutional.
AGLO 1973 No. 62 >  June 1, 1973
SCHOOLS - DISTRICTS - EMPLOYEES - INDUSTRIAL INSURANCE - WORKMEN'S COMPENSATION - ATHLETIC EVENTS
SCHOOLS ‑- DISTRICTS ‑- EMPLOYEES ‑- INDUSTRIAL INSURANCE ‑- WORKMEN'S COMPENSATION ‑- ATHLETIC EVENTS Referees, umpires, other athletic officials, ticket sellers, ticket takers, parking lot attendants and others who are employed by school districts or their student body organizations to work at interscholastic and other athletic events conducted by such districts are not excluded from the coverage of the Industrial Insurance Act by RCW 51.12.030 (3).
AGLO 1973 No. 66 >  June 15, 1973
DISTRICTS - SCHOOLS - EMPLOYEES - PENSIONS - SALARIES
DISTRICTS ‑- SCHOOLS ‑- EMPLOYEES ‑- PENSIONS ‑- SALARIES Under RCW 28A.58.100 (2) (f), which states that accumulated sick leave to a maximum of forty-five days shall be creditable as service rendered for the purpose of determining the time at which a school district employee is eligible to retire, an employee utilizing this accumulated sick leave for that purpose is to receive no other compensation.
AGLO 1974 No. 35 >  March 19, 1974
PENSIONS - PERS - RETIREMENT - EMPLOYEES - MUNICIPAL
METRO TRANSIT Applicability of public employees' retirement system (PERS) to employees of private transportation company acquired by Metro Transit; entitlement of such employees to service credit for periods of employment with private company; funding of such service credit by employer; impact of labor contract between Metro Transit and bargaining representative of employees on the foregoing.
AGLO 1974 No. 54 >  May 10, 1974
COMMUNITY COLLEGES - EMPLOYEES - SICK LEAVE
LEGALITY OF SICK LEAVE BANK PLAN In adopting sick leave policies for its professional staff employees under RCW 28B.50.551, a community college district may not provide for the establishment of a "sick leave bank" into which voluntarily participating employees would be allowed to contribute a designated amount of their accumulated sick leave which could thereafter be withdrawn and used by any participants in the plan who have exhausted all of their own accumulated sick leave benefits.
AGLO 1974 No. 59 >  May 27, 1974
DISTRICTS - SCHOOLS - EMPLOYEES - CONTRACTS
WAIVER OF RIGHTS (1) A school district may not offer employment to a certificated employee under circumstances not covered by either RCW 28A.67.900 or the second paragraph of RCW 28A.67.074 by tendering a contract to that individual which contains a condition that the employee waives his rights under RCW 28A.67.070 or 28A.58.450. (2) If an employee signs such a contract, that waiver condition is not valid or enforceable.
AGLO 1973 No. 84 >  July 25, 1973
OFFICES AND OFFICERS - STATE - PERSONNEL BOARD - CIVIL SERVICE - EMPLOYEES - PROBATIONARY PERIOD
OFFICES AND OFFICERS ‑- STATE ‑- PERSONNEL BOARD ‑- CIVIL SERVICE ‑- EMPLOYEES ‑- PROBATIONARY PERIOD The state personnel board may by regulation require permanent employees in the classified service (i.e., employees who have successfully completed an initial six-months probationary period) to serve another six-month probationary period in any higher class of covered employment to which they are later promoted in order to obtain permanent status in that class as distinguished from their previously acquired permanent status in the civil service system per se.
AGLO 1974 No. 85 >  October 7, 1974
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.
AGLO 1974 No. 97 >  November 19, 1974
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.
AGLO 1974 No. 99 >  November 22, 1974
OFFICES AND OFFICERS - STATE BOARD FOR COMMUNITY COLLEGE EDUCATION - COMMUNTIY COLLEGES - EMPLOYEES
SALARIES WAC 131-16-300(2)(a) and (b), relating to salary increases for non-civil [[*sic (noncivil)]]service community college employees, authorize alternative choices or approaches which are legally available to all community colleges operating within the state system.
AGO 2009 No. 1 >  March 5, 2009
STATE AGENCIES - STATUTORY AUTHORITY - EMPLOYEES
Authority of Public Works Board over staff assigned to it by the Department of Community, Trade, and Economic Development The Public Works Board lacks the statutory authority to hire, supervise, evaluate, transfer, and fire staff assigned to it by the Department of Community, Trade, and Economic Development.
AGO 1987 No. 14 >  May 4, 1987
SCHOOL DISTRICTS - EMPLOYEES
AUTHORITY TO PERFORM CATHETERIZATION WITHOUT MEDICAL LICENSE We would advise against school district employees performing catheterization without a medical license.
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