Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1995 NO. 8 >

It would violate the state and federal constitutions to place students at state-funded colleges and universities and student teachers in "pervasively religious" elementary or secondary schools, as defined in case law; whether a particular school is "pervasively religious" must be analyzed on a case-by-case basis.

AGLO 1976 NO. 12 >

Creditability of service under coverage of the teachers' retirement system in computing supplementary retirement benefits for academic employees of colleges and universities under RCW 28B.10.400(3) and RCW 28B.10.415; prohibition against payment of benefits by teachers' retirement system based on any post-July 1, 1955, service for which credit is also allowed in the computation of supplementary retirement benefits for such academic employees; inclusion of teachers' retirement benefits or social security payments as a part of the basic retirement allowance for such academic employees for the purpose of determining the maximum amount of the supplementary retirement benefits which may be paid to those employees.

AGO 1998 NO. 12 >

Under the language of the 1997-99 operating budget, a university may grant individual salary increases larger or smaller than the average 3.0 percent increase funded by legislative appropriation. A university may use its 1997-99 budget appropriation in part to remedy salary disparities discovered by the university through studies or other means. Under the 1997-99 budget act, a university may honor increases previously agreed to in collective bargaining agreements, using “local” or non-appropriated funds for any portion of the increase which the Legislature has declined to fund with its biennial appropriation. If the Legislature fails to appropriate funds for a salary increase for university employees, the extent to which the university may fund such increases with non-appropriated funds depends on the language of the budget act covering the period in question.

AGLO 1978 NO. 16 >

The governor, through the issuance of an appropriate executive order, may legally designate a private nonprofit organization to guarantee student loans in Washington in accordance with Title IV of the federal Higher Education Act of 1965, as amended by PL 94-42 and PL 95-43.

AGO 1994 NO. 16 >

1. The faculty at four-year state-supported higher education institutions do not have a right under current law to engage in collective bargaining with their employers. 2.  At their discretion, the governing bodies of four-year state-supported higher education institutions may enter into bargaining with representatives of the faculty concerning wages, hours, and working conditions, but such bargaining does not establish the terms of employment for nonrepresented faculty members.

AGO 1993 NO. 18 >

1.  Institutions of higher education have the authority to enter into contracts deemed essential to the institution and to accept and solicit gifts.  If there is consideration flowing to the institution, it has the authority to provide goods and services to a private nonprofit organization, including the use of institution employees to solicit gifts, in exchange for fund-raising and other assistance from the organization. 2.  The statute of frauds, RCW 19.36.010, provides that any agreement not to be performed in one year from the making thereof shall be void.  Thus, any agreement between an institution of higher education and a nonprofit organization should be in writing if it is not to be performed in one year.

AGO 1993 NO. 19 >

A prequalification requirement prohibits a contractor from bidding on a public works contract unless the requirement is satisfied.  There is no statute that establishes a prequalification requirement that contractors must have an apprenticeship program.  In absence of such a statute, a university does not have the authority to establish such a prequalification requirement.

AGLO 1977 NO. 22 >

(1) Payments received by college or university trustees or regents under RCW 28B.10.525, prior to its amendment by § 72, chapter 34, Laws of 1975-76, 2nd Ex.Sess., were subject to employees' contributions for federal social security under chapter 41.48 RCW.

(2) Under RCW 41.48.040 it is the responsibility of an employer (including a state college or university) to cause employees' contributions for federal social security to be collected and remitted to the state and the fact that a particular individual is no longer serving as a regent or trustee does not terminate that obligation insofar as past due contributions are concerned.

(3) Past due employers' social security payments covering services rendered during a prior biennium may only be made from a current appropriation for that purpose or from such local funds as are not subject to the appropriation process under Article VIII, § 4 (Amendment 11) of the state constitution and the budget and accounting act.

AGLO 1981 NO. 22 >

(1) RCW 28B.15.045 applies to all funds generated through the imposition, by a college or university, of services and activities fees, as defined by RCW 28B.15.041. (2) Monies in a college or university's housing and dining fund or account are not covered by the provisions of RCW 28B.15.045 unless, and to the extent that, the board of trustees or regents decides to fund the program, in whole or part, from "S & A" fees.

AGLO 1975 NO. 24 >

The passage of House Bill No. 525, pending before the 1975 legislature, would not result in the establishment of a statutory prohibition against the use and consumption of liquor on a college or university campus pursuant to a duly issued banquet permit.