Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1987 NO. 11 >

A bill permitting the voters of noncharter counties with populations of 210,000 or more to increase the number of county commissioners from three to five is more likely than not unconstitutional.

AGO 1975 NO. 13 >

A board of county commissioners receiving federal forest funds under RCW 36.33.110 is not authorized or directed by that or any other statute to distribute any portion of those funds to a joint school district belonging to another county but lying partially within the county receiving the funds.

AGO 1978 NO. 17 >

Except under certain special circumstances whereby the normal relationship between a board of county commissioners and a county housing authority is modified, as further indicated herein, the sale of real property by a county commissioner to a county housing authority within the same county does not violate any statutory provision concerning conflicts of interest.

AGO 1957 NO. 19 >

A board of county commissioners has no discretion in calling or not calling an annexation election under RCW 35.13.040

AGO 1992 NO. 21 >

1.  RCW 54.12.080(4) provides that any public utility district providing group insurance for its employees may provide its commissioners with the same insurance coverage.  In this circumstance, public utility district commissioners may receive insurance as part of their compensation. 2.  Article 2, section 25 (amend. 35) of the Washington Constitution provides that the compensation of a public officer shall not be increased during his or her term of office.  Article 30, section 1 of the Washington Constitution permits mid-term compensation increases only for public officers who do not fix their own compensation. Accordingly, public utility districts may decide to purchase life insurance policies for their commissioners, but may not actually provide the policies until the next terms of the respective commissioners' offices begin.

AGO 1972 NO. 27 >

(1) Where a public utility district commissioner ceases to be a resident and qualified voter of the commissioner district in which he resided and voted at the time of his election as a consequence of his voluntary removal of his place of residence from one such commissioner district to another, his office is not deemed to have been vacated. (2) Where, as a consequence of the realignment of public utility district commissioner district boundaries under RCW 54.12.010, a duly elected commissioner of a public utility district ceases to be a resident and qualified voter of the commissioner district in which he resided and voted at the time of his election, his office is not deemed to have become vacant.

AGO 1961 NO. 29 >

(1) County funds which are neither transferable without limitation nor not transferable at all may be loaned on a temporary basis to a solvent fund.(2) The responsibility for making the loan is that of the Board of County Commissioners rather than the County Treasurer.(3) Insolvency of the borrowing fund, in the sense of no assured income within the control of the governmental body to which the fund belongs, would preclude the loan being legally made.(4) The permissive duration of a loan from one county operating fund to another may extend beyond the county fiscal period but must not be a permanent transfer.(5) The County Commissioners must charge a stated interest rate per annum to the borrowing or benefited fund.

AGO 1961 NO. 39 >

Under the provisions of chapter 27, Laws of 1961, boards of county commissioners may adopt such provisions of chapter 19.28 RCW as are necessary for the regulation and control of the installation of electrical wires, equipment, apparatus or appliances, including any rules or regulations relating to such installation as are presently promulgated by the department of labor and industries.

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.

AGLO 1977 NO. 53 >

(1) Per diem compensation received by irrigation district commissioners under RCW 87.03.460 is subject to employees' contributions for federal social security under Chapter 41.48 RCW. (2) The fact that a given commissioner of an irrigation district may have paid the maximum amount due for OASI contributions for a given year on his self-employment income does not affect the liability of the district for payments in accordance with (1), supra, instead, the remedy of any individual who has thus overpaid his social security taxes is then to claim a refund or tax credit on his federal income tax return.