Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

Pending Attorney General's Office Formal Opinion Requests

The Washington Attorney General issues formal published opinions in response to requests by the heads of state agencies, state legislators, and county prosecuting attorneys.  When the Attorney General's Office receives a request for a formal opinion, a summary of that opinion request will be published here and distributed via our mailing list

Formal Requests:

Informal Requests:

If you are interested in commenting on any of these requests, you should notify the Attorney General’s Office of your interest by the date listed below each request.  This is not the due date by which comments must be received.  However, if you do not notify the Attorney General’s Office of your interest in commenting on an opinion request by this date, the opinion may be issued before your comments have been received. 

 You may notify the Attorney General’s Office of your intention to comment by:

  • Writing to the Office of the Attorney General, Solicitor General Division, Attention: Jeff Even, Deputy Solicitor General, P.O. Box 40100, Olympia, Washington 98504-0100;  or
  • Emailing jeff.even@atg.wa.gov.

When you notify the office of your intention to comment, you may be provided with:

  • A copy of the opinion request in which you are interested;
  • Information about the Attorney General’s Opinion process;
  • Information on how to submit your comments; and 
  • A due date by which your comments must be received to ensure that they are fully considered.

 

Formal Opinion Requests:

 


 

Opinion Docket No. 16-12-01: Request by the Honorable Steve Conway, State Senator, District 29

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by January 11, 2017.

Does the invocation of survivor rights for a designated spouse under RCW 41.18.042 alone, and not under RCW 41.26.164, mean that the payment of survivor rights to the decedent firefighter's surviving spouse is the full benefit to which that surviving spouse is entitled under RCW 41.18 or is the benefit that which is mandated by RCW 4.1.18 minus the benefit that would have been offset under RCW 41.26 had the decedent firefighter invoked the 2002 or 2005 RCW 41.26 statutes?

Entire text of original request

 


 

Opinion Docket No. 16-11-01: Request by Isabel Mûnoz-Colón, Chair, Washington State Board of Education

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by December 14, 2016.

Is a waiver from basic education requirements by the State Board of Education, acting under the authority granted by RCW 28A.305.140, needed in order for a school district to use a full scheduled day on the school calendar for the purpose of teacher-parent-guardian conferences as defined in RCW 28A.150.205?

Entire text of original request

 


 

Opinion Docket No. 16-08-02: Request by the Honorable Kevin Van De Wege, State Representative, District 24

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by September 14, 2016.

Are the meetings of the local FACs, and of the FAC executive committee, subject to RCW 42.30, the Open Public Meetings Act?

Entire text of original request

 

 


 

Opinion Docket No. 16-01-01: Request by the Honorable Marcus Riccelli, State Representative, District 3

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by April 27, 2016.

1. Does RCW 42.23.070(4) restrict public officials from disclosing information shared during meetings conducted as executive sessions under the Open Public Meetings Act?  If so, does the statute categorically prohibit disclosure, or is its reach limited to “confidential information”?  If limited, how should public officials define “confidential information”?

2. If RCW 42.23.070(4) does prohibit public officials from disclosing information exchanged during executive sessions, would a violation of that prohibition constitute a misdemeanor under RCW 42.20.100 (“Failure of duty by a public wrongful conduct”) and/or “official misconduct” under RCW 9A.80.010?

Entire text of original reques

 


Opinion Docket No. 15-10-01: Request by the Honorable Sam Hunt, State Representative, District 22

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by November 16, 2015.

1.  Are the positions of school board director and planning commission member incompatible under Washington law? How is that determination made and, if the positions are incompatible, what remedies are available to address the incompatibility?

2. Is there a conflict of interest between such dual positions under Washington law? How is that determination made, and if a conflict or potential conflict exists, what remedies are available to address it?

3. Does holding such dual positions violate the appearance of fairness provisions of RCW 42.36? How is that determination made, and what remedies are available to address it?

4. In the scenario presented, what obligations does Washington law impose on the person holding dual positions in regard to confidential information?

5. Under what circumstances, if any, may a school board exclude an elected member from executive session because of concerns about incompatibility of office, conflict of interest, appearance of fairness or confidential information?

Entire text of original request

 


 

Informal Opinion Requests:

 


 

Opinion Docket No. 17-03-03: Request by the Honorable Andy Billig, State Senator, District 3

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by April 5, 2017.

May a municipality choose to provide its own ambulance/emergency transport services when the municipality's current contract for private ambulance/emergency transport services expires?

Entire text of original request

 


 

Opinion Docket No. 17-03-01: Request by the Honorable Matt Shea, State Representative, District 4

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by March 17, 2017.

Under RCW 9.41.010, does the 590 Shock-6 Shot firearm (reference: Mossberg #50659) fit within the current state law definition of "pistol?"

Entire text of original request


 

Opinion Docket No. 16-08-05: Request by the Honorable Christopher Hurst, State Representative, District 31

The Attorney General’s Office seeks public input on the following opinion request. If you are interested in commenting on this request, you should notify the Attorney General’s Office of your interest by September 13, 2016.

Are local and county police departments able to use unmarked vehicles to patrol traffic?

Entire text of original request

 


Opinion Docket No. 16-06-01: Request by the Honorable Norm Johnson, State Representative, District 14

1. Does RCW 70.94.100(6) or WAC 173-400-220(2) prevent a Clean Air Agency Board Member from holding a position on the Board?

2. Does either prevent the member from participating in discussion about the industrial sector?

3. If – in the opinion of a majority of the Board – the affected member can vote objectively on an action involving the sector, may the affected member vote?

Entire text of original request

 


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