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AGO Opinions with Topic: SALARIES
AGO 1980 No. 13 >  May 22, 1980
OFFICES AND OFFICERS - CITY - TERMS - SALARIES
EFFECT OF RCW 29.04.170 ON TERMS AND SALARIES OF CITY OFFICERS (1) In the case of a city councilman, city treasurer, or city clerk elected in November, 1975, to fill a four-year term commencing on the second Tuesday in January, 1976, that term actually ended at midnight on December 31, 1979, as a consequence of the legislature's enactment of RCW 29.04.170. (2) As a result of this shortening of the terms of office involved, the incumbent officials holding those offices were not entitled to a full year's salary for each of the four years initially encompassed in their respective terms since the last year of their terms was shortened by approximately two weeks.
AGO 1981 No. 16 >  October 23, 1981
DISTRICTS - SCHOOLS - CERTIFICATED EMPLOYEES - SALARIES
LIMITATION ON SALARY INCREASES UNDER 1981 LEGISLATION Although a reduction (from 183 to 180) in the number of days in the current (1981-82) school year during which the certificated employees of a certain school district will be required to work, when coupled with a continuation of the same annual salaries as were paid during the previous (1980-81) school year, will result in a "salary increase" in the literal sense as that term is used in § 1, chapter 16, Laws of 1981, such a salary increase would not, by and of itself, trigger the restrictive provisions of the subject legislation.
AGO 1981 No. 17 >  November 5, 1981
OFFICES AND OFFICERS - STATE - LEGISLATORS - SALARIES
CONSTITUTIONALITY OF RESCISSION OF PROSPECTIVE PAY RAISES The legislature may not constitutionally cancel, or rescind, prospective salary increases for its own members which are payable during the remainder of their current terms of office and which were provided for by a law that had already been enacted and taken effect before those current terms began.
AGO 1982 No. 10 >  July 20, 1982
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEY - COMMISSIONERS - SALARIES - ELECTIONS
ESTABLISHMENT OF FULL-TIME PROSECUTOR'S OFFICE IN FIFTH THROUGH NINTH CLASS COUNTY The board of county commissioners of a fifth through ninth class county may not, simply by making a public announcement to that effect prior to the period for candidates' filings, cause the office of county prosecuting attorney to become a full-time office so as to prohibit the candidate then duly elected to that office from thereafter engaging in the private practice of law.
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. 20 >  September 20, 1973
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.
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. 9 >  April 10, 1974
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.
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 1963 No. 76 >  December 19, 1963
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.
AGO 1977 No. 2 >  January 10, 1977
OFFICES AND OFFICERS - COUNTY - COMMISSIONERS - SALARIES - INCREASE IN SALARIES OF COUNTY COMMISSIONERS UPON RECLASSIFICATION OF COUNTY
OFFICES AND OFFICERS ‑- COUNTY ‑- COMMISSIONERS ‑- SALARIES ‑- INCREASE IN SALARIES OF COUNTY COMMISSIONERS UPON RECLASSIFICATION OF COUNTY Under present state constitutional provisions, it is now permissible for county commissioners to receive a legislatively granted mid-term salary increase resulting from an upward reclassification of their county and the commissioners may, constitutionally, adopt appropriate budgetary amendments to fund such salary increases.
AGO 1978 No. 3 >  January 26, 1978
OFFICES AND OFFICERS - STATE - LEGISLATOR - SALARIES - SALARIES PAYABLE TO PERSONS APPOINTED OR ELECTED TO SENATE VACANCIES
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATOR ‑- SALARIES ‑- SALARIES PAYABLE TO PERSONS APPOINTED OR ELECTED TO SENATE VACANCIES (1) A person who is either appointed or elected to an unexpired term to which the $3,800 per year salary provided for by chapter 149, Laws of 1974, 1st Ex. Sess., is applicable is constitutionally prohibited from being paid at the increased salary rate ($7,200 per annum) provided for by § 1, chapter 113, Laws of 1975-76, 2nd Ex. Sess. at any time during the remainder of the Senate term to which he or she is thus appointed or elected.  (2) A person who is either appointed or elected to a Senate vacancy to which the $7,200 per annum rate provided for in chapter 113, supra , is currently applicable is constitutionally prohibited from being paid at the further increased rate of $9,800 per annum, under § 1, chapter 318, Laws of 1977, 1st Ex. Sess. at any time during the remainder of such an unexpired term.  (3) Each of the foregoing conclusions is equally applicable in those instances in which the person so appointed or elected to a Senate vacancy is, at the time of the appointment or election, an incumbent member of the state House of Representatives.
AGO 1969 No. 20 >  October 16, 1969
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEYS - SALARIES - PAYMENT OF ONE HALF BY STATE - FRINGE BENEFITS
OFFICES AND OFFICERS - COUNTY - PROSECUTING ATTORNEYS - SALARIES - PAYMENT OF ONE HALF BY STATE - FRINGE BENEFITS The requirement in RCW 36.17.020, as amended by § 1, chapter 226, Laws of 1969, Ex. Sess., that "one half the salary of each prosecuting attorney shall be paid by the state" does not impose an obligation upon the state to make one half of the employer's required payments for state retirement and social security coverage for such prosecuting attorneys as are participating in these retirement programs.
AGO 1994 No. 8 >  April 29, 1994
STATE OFFICERS - SALARIES - ELECTED OFFICIALS
Authority of the Washington Citizens' Commission on Salaries for Elected Officials to decrease salaries during term; effect of change in number of congressional districts on composition of... 1.  The Washington Citizens' Commission on Salaries for Elected Officials may not decrease the salaries of elected officials during their current terms of office. 2.  If the Washington Citizens' Commission on Salaries for Elected Officials fails to timely adopt a new salary schedule, the last one adopted continues in effect. 3.  The Washington Citizens' Commission on Salaries for Elected Officials may continue to operate lawfully notwithstanding Washington's gain of a ninth representative in Congress after the 1990 census; pending amendatory legislation commission members must be selected from the pre-1990 congressional districts. 4.  A member of the Washington Citizens' Commission may be reappointed to a second term if his or her name is again drawn by lot for the position, or if nominated for a second term pursuant to RCW 43.03.305.
AGO 1956 No. 332 >  October 23, 1956
SALARIES - RIGHT OF ONE ELECTED TO FILL UNEXPIRED TERM OF OFFICE TO INCREASE IN COMPENSATION
SALARIES ‑- RIGHT OF ONE ELECTED TO FILL UNEXPIRED TERM OF OFFICE TO INCREASE IN COMPENSATION The constitutional inhibition against increase or diminution of salary applies to one filling an unexpired term of office.
AGO 1956 No. 322 >  September 27, 1956
CITIES AND TOWNS - SALARIES - ORDINANCES ENACTED BY INITIATIVE
CITIES AND TOWNS ‑- SALARIES ‑- ORDINANCES ENACTED BY INITIATIVE An initiative ordinance providing for the classification of police and firemen under a pay adopted by the council does not prevent the council from fixing their salaries under a charter provision so authorizing, and only prevents the council from changing such classification except by popular vote as provided by another charter provision.
AGO 1956 No. 184 >  January 13, 1956
SALARIES - OFFICES AND OFFICERS - CITY - COUNTY - STATE
SALARIES ‑- OFFICES AND OFFICERS -- CITY -- COUNTY -- STATE A mayor's salary may not be increased after his election.  The salary may be increased after the close of time for filing or the primary election.
AGO 1950 No. 380 >  November 13, 1950
CITIES - SALARIES - RAISE DURING TERM OF OFFICE
CITIES ‑- SALARIES ‑- RAISE DURING TERM OF OFFICE A proposed raise in salary to be effective before a successor to the office has been elected and qualified would be invalid.
AGLO 1976 No. 39 >  June 15, 1976
APPROPRIATIONS - STATE - COMMUNITY COLLEGES - SALARIES
LIMITATION UPON SALARY INCREASES FOR COMMUNITY COLLEGE EMPLOYEES Answers several questions pertaining to the average 5% salary increase provided for by § 6(3), chapter 133, Laws of 1975-76, 2nd Ex. Sess., for community college and other educational employees.
AGLO 1975 No. 21 >  March 5, 1975
OFFICES AND OFFICERS - STATE - LEGISLATORS - SALARIES
LEGISLATORS' SALARIES UNDER INITIATIVE NO. 282 Those state senators elected in 1972 for four-year terms ending in January, 1977, will not be eligible to receive the pay increases provided for by Initiative No. 282 until the commencement of their next ensuing terms of office in 1977.
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 1978 No. 38 >  December 7, 1978
OFFICERS AND EMPLOYEES - STATE - SALARIES - PAYROLL DEDUCTIONS - BLANKET DEDUCTIONS FOR THE PAYMENT OF INSURANCE PREMIUMS
OFFICERS AND EMPLOYEES ‑- STATE ‑- SALARIES ‑- PAYROLL DEDUCTIONS ‑- BLANKET DEDUCTIONS FOR THE PAYMENT OF INSURANCE PREMIUMS A payroll deduction authorization submitted by a state officer or employee for the payment of accident and casualty insurance premiums would not be in compliance with RCW 41.04.230(7) if the authorization were indefinite as to the amount to be deducted or not capable of being determined with reference to a set schedule.
AGLO 1977 No. 23 >  June 9, 1977
OFFICES AND OFFICERS - STATE - LEGISLATOR - SALARIES - ELIGIBILITY FOR ELECTION OR APPOINTMENT UNDER ARTICLE II, § 13 OF THE STATE CONSTITUTION
OFFICES AND OFFICERS ‑- STATE ‑- LEGISLATOR ‑- SALARIES ‑- ELIGIBILITY FOR ELECTION OR APPOINTMENT UNDER ARTICLE II, § 13 OF THE STATE CONSTITUTION

(1) The provisions of Article II, § 13 of the state constitution would not prevent an incumbent state representative elected in November of 1976 from being appointed or elected to the state senate for the remainder of an unexpired term regardless of whether or not a salary increase bill is enacted by the legislature at its current session since any such increase could not constitutionally take effect until the commencement of a new term of office.

(2) The filing fee to be paid under RCW 29.18.050 by a candidate seeking election to the state senate from the 33rd district for the remainder of the current unexpired term will be $38.00.

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. 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 1973 No. 104 >  November 12, 1973
OFFICES AND OFFICERS - STATE - HIGHER EDUCATION PERSONNEL BOARD - CIVIL SERVICE - SALARIES - APPROPRIATIONS
OFFICES AND OFFICERS ‑- STATE ‑- HIGHER EDUCATION PERSONNEL BOARD ‑- CIVIL SERVICE ‑- SALARIES ‑- APPROPRIATIONS Section 86, chapter 137, Laws of 1973, 1st Ex. Sess., does not require the higher education personnel board to adopt, and the various affected educational institutions to accept, a revised salary schedule for those classified employees who are under its jurisdiction that will fully implement 50% of the salary increase for those employees proposed in the board's July, 1972, salary survey, where the appropriations contained therein are insufficient to enable those institutions to fund such salary increases as would be payable under that schedule; the board is, however, required to adopt a salary schedule which will bring the employees covered as close to the board's determination of prevailing wages as is possible within the appropriations.
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