Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1965 NO. 1 >

(1) A school district pursuant to chapter 75, Laws of 1963 (RCW 41.04.180-41.04.190), may contract with more than one insurance carrier or health service contractor and allow each employee to choose the plan he or she desires, as long as each plan meets all of the requirements of chapter 75, Laws of 1963. (2) A school district pursuant to chapter 75, Laws of 1963, may designate specific categories of its employees to be covered by a group policy or contract to the exclusion of other categories of employees. (3) A school district which has designated specific categories of employees to be covered by a group policy or contract to the exclusion of other categories of employees is not required to make provision for like benefits for such excluded categories of employees by entering into similar contracts for such employees if the categories established by the district are not arbitrary, capricious or invidiously discriminatory. (4) If existing employees' term contracts do not provide in any manner for such insurance, the school district may not provide such benefits during the term of such contracts since under RCW 41.04.190 such benefits constitute additional compensation and under Article II, § 25, Amendment 35, extra compensation may not be granted to any employee after the contract of employment has been entered into.

AGO 1963 NO. 45 >

(1) A water district has the power to initiate and maintain a group medical insurance plan or health care plan for its employees and their dependents and to pay the entire cost thereof. (2) Same: A water district does not have any authority to pay all or any part of the cost of such plan for the benefit of the commissioners of the district since they are officers not employees of the district.

AGO 1965 NO. 48 >

1. A diking district may improve a portion of the channel of a stream located outside its boundaries. 2. A diking district is authorized to operate a pumping plant which would evacuate waters from district lands into a river bordering the district. 3. A diking district may construct and operate a floodwater retarding structure located outside its boundaries.

AGLO 1973 NO. 64 >

The county commissioners of a fifth class county having a 1970 census population of 15,796 inhabitants does not have the authority to provide for the election of a single, full time judge to serve a justice court district encompassing the entire county.

AGO 1953 NO. 94 >

Treasurer: 1. Cannot refuse to distrain where facts require; 2. May charge realty in addition but not as alternative; 3. Is subject to penalty for non-feasance [[nonfeasance]]on statutory complaint; 4. Is personally liable in addition for loss to county through his non-feasance [[nonfeasance]]in civil action by prosecuting attorney; 5. May be compelled to perform duty by mandamus after demand and refusal, by prosecutor, citizen, or in extreme case by attorney general or governor.

AGO 1960 NO. 165 >

The construction of a bridge on Government Island eight and one half miles east of the interstate bridge by the State of Washington is prohibited by RCW 47.56.220 which forms part of the Vancouver-Portland bond resolution.

AGO 1951 NO. 478 >

The sentencing justice of the peace may not preclude himself in advance from granting good behavior credits.