Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1976 NO. 19 >

RCW 52.36.020, requiring contracts for fire protection services to other municipalities, is inapplicable to municipal property situated within an incorporated city or town even though such property is adjacent to a fire protection district.

AGLO 1978 NO. 19 >

Under the provisions of RCW 41.20.050, as amended by § 36, chapter 209, Laws of 1969, 1st Ex. Sess., a first-class city police officer's service retirement allowance may not be based upon the salary of a position higher than that of captain in the absence of an election to that effect made on or before September 1, 1969.

AGO 1974 NO. 19 >

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.

AGLO 1976 NO. 20 >

The legislature may not allocate, for general state purposes, revenues derived from the local motor vehicle excise tax provided for by RCW 35.58.273-35.58.279 without amending those preexisting substantive statutes.

AGO 1992 NO. 20 >

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.

AGO 1978 NO. 20 >

Where a city council member in a code city operating under the mayor-council plan of government indicates his or her intent to resign as of a specified date certain in the future, no vacancy will come into existence until the effective date of such resignation; accordingly, the city council may not appoint someone to succeed the resigning member under RCW 35A.12.050 until the effective date of the aforesaid resignation.

AGO 1988 NO. 21 >

A city may not, solely on the basis of recognizing a moral obligation, reimburse another party to a lawsuit for costs and attorney fees, where the court has determined that the city has no legal liability for the fees and costs in question.

AGO 1983 NO. 21 >

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.  

AGO 1980 NO. 21 >

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.