Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1980 NO. 12 >

When, within an existing land subdivision established pursuant to either chapter 58.16 or chapter 58.17 RCW, the owner of an individual lot proposes to divide it into a number of smaller lots for the purpose of sale or lease, while such action constitutes a "resubdivision" as defined in RCW 58.17.020(6) and is, thereby, subject to the general provisions of chapter 58.17 RCW relating to subdivisions (AGO 1980 No. 5), the subdivider is not, in addition, required to vacate his existing lot or lots pursuant to chapter 58.11 RCW or alter the plat pursuant to chapter 58.12 RCW; if, however, the vacation of a plat or part thereof entails the vacation of a county road, one or the other of the procedures set forth in chapter 58.11 RCW and chapter 36.87 RCW, respectively, must be utilized.

AGO 1991 NO. 13 >

Chapter 3.50 RCW empowers certain cities to establish a municipal court that is not part of the state's district court system.  If a city establishes a municipal court pursuant to chapter 3.50 RCW, the salary of its municipal court judges is set by the city by ordinance.  A city may pay its municipal court judges less than full-time district judges receive when serving in a municipal department established pursuant to chapter 3.46 RCW.

AGLO 1979 NO. 13 >

The provisions of RCW 64.32.110, a section of the horizontal property regimes act (condominiums) of 1963, have no effect on local police power regulations which do not relate to zoning (e.g., building codes) ‑- as distinguished from the pertinent provisions of local zoning codes themselves.

AGO 1961 NO. 13 >

A warrant of arrest issued by a municipal judge of a city of the fourth class charging a violation of a town ordinance is not valid for service outside the corporate limits of the town.

AGO 1995 NO. 13 >

Cities and towns of all classes have authority to establish and administer employee incentive programs for their employees, so long as the program and appropriately definite performance standards are established before the period covered by the program.

AGO 1978 NO. 13 >

(1) The provisions of Article VIII, § 7 of the Washington Constitution prohibit a city or public utility district from assisting its utility customers, generally, in the purchase of such conservation materials as insulation or storm windows from private suppliers by providing to the seller a guarantee of payment of part or all of the agreed upon purchase price for the conservation materials involved.  (2) The same provisions of Article VIII, § 7 of the Washington Constitution, however, do not prohibit a city or public utility district from itself purchasing and then later selling such conservation materials to its customers, generally, by means of installment contracts under which payment of the purchase price, plus a service charge, would be made by the purchasers on a periodic basis over a specified period of time.

AGO 1986 NO. 13 >

A city civil service system for city police provided by charter does not substantially accomplish the purpose of chapter 41.12 RCW if it does not provide for any appeal in the case of an employee suspended for less than five days.

AGO 1969 NO. 13 >

(1) In order to qualify for retirement in a position higher than the rank of captain, in accordance with RCW 41.20.050, as amended by § 36, chapter 209, Laws of 1969, Ex. Sess., it is not necessary that the retiree has served in such a position for three consecutive years immediately prior to the date of his retirement; it is sufficient that he has served in such a position for a minimum of three years at sometime during his period of covered service.(2) Under § 36, chapter 209, Laws of 1969, Ex. Sess., a person seeking to qualify for retirement in a position higher than the rank of captain must pay into the first-class city relief and pension fund, in addition to his normal contributions, an amount equal to six percent of that portion of all monthly salaries previously received without limitation as to time of receipt upon which a sum equal to six percent has not heretofore been deducted.

AGO 1982 NO. 14 >

(1) A county, city or town may not, in the exercise of its police power, enact a general prohibition against the sale or possession of handguns, at any time or place, within the limits of its territorial jurisdiction because such an ordinance would have the effect of prohibiting conduct which state law, instead, sanctions and regulates. (2) A county, city or town may not require the presentation of a concealed weapons permit as a condition to the sale of handgun ammunition because of an express statutory preemption by the state, in RCW 70.74.201, of the regulation, in general, of small arms ammunition. (3) A county, city or town police power ordinance prohibiting the possession of firearms, including handguns, on public or private school grounds or college campuses within its territorial jurisdiction would be valid because such an ordinance would not be in conflict with state law under the applicable, judicially enunciated, test.

AGO 2005 NO. 14 >

A public facilities district created under RCW 35.57 may allocate properly collected sales and use tax revenues to one or more regional centers as the public facilities district determines appropriate, to the extent consistent with applicable interlocal agreements.