Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1989 NO. 15 >

 1.In order to be lawful, "incentive payments" made to certificated school district personnel under the authority of RCW 28A.58.0951(4) must be related to some identifiable, measurable "incentive" defined in a district policy or contract and amounting to more than the performance of duties and functions defined by statute as "basic education". 2.A school district must retain documentation of eligibility for payments made under RCW 28A.58.0951(4), but the exact form of the documentation depends on the nature of the payments and the policy choices of the State Auditor under RCW 43.09.200.

AGO 1991 NO. 15 >

1.  Prior to its amendment in 1990, RCW 28B.50.140(3) empowered a community college board of trustees to fix the salary and duties of community college presidents.  RCW 28B.50.140(3) only empowered the board to pay salary.  Payments to reimburse a president for the president's transportation expenses did not constitute salary and were not authorized under RCW 28B.50.140(3).    2.  In 1990 RCW 28B.50.140(3) was amended.  Laws of 1990, ch. 135, § 1, p. 926.  Amended RCW 28B.50.140(3) authorizes a community college board of trustees to fix the compensation and duties of community college presidents.  Payments to reimburse a president for the president's transportation expenses are not authorized as compensation since RCW 43.03.060(1) provides the procedure to reimburse state employees for travel expenses.  RCW 28B.50.140(3) does not authorize the board to supplant this reimbursement system.

AGO 1965 NO. 15 >

The adjutant general and the two assistant adjutants general of the state of Washington while on active duty as such officers should each receive pay and allowances prescribed for his military rank by the current federal laws and regulations for an officer of his grade and years of service.

AGO 1982 NO. 16 >

The provisions of Article XI, § 8 (Amendment 57) of the state constitution which prohibit the salaries of those county officers who fix their own compensation from being increased, or diminished, after their election or during their term of office are applicable even in the case of a county which has adopted a home rule charter pursuant to Article XI, § 4 (Amendment 21).

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 1988 NO. 29 >

1.A county may lawfully eliminate its provision of medical, dental, and life insurance benefits to its superior court judges when the judges, who are also state officers, receive similar benefits from the state.2.Where superior court judges as state officers are receiving health and life insurance benefits from the state, a county is not legally required to provide superior court judges with the same type of benefits, whether or not the state benefits are as comprehensive as those offered by the county to its other officers and employees.

AGO 1965 NO. 30 >

Members of the boards of trustees of the state colleges are entitled to reimbursement for expenses incurred in attending board meetings (RCW 43.03.050, RCW 43.03.060); however, the legislature has not authorized the board to establish in addition thereto, payment of compensation to board members for attendance at board meetings.

AGLO 1980 NO. 30 >

(1) A county transportation authority established pursuant to chapter 36.57 RCW may not fix a rate of compensation for its members which is less than that fixed by RCW 36.57.030.(2) Consideration of several related questions arising from previous resolutions relating to the compensation payable to members of the Grays Harbor County Transportation Authority.

AGLO 1977 NO. 47 >

(1) The term "victim," for purposes of the state crime victims compensation act, does not include those persons who have sustained only property losses as a result of a felony or gross misdemeanor. (2) Under the provisions of § 10(1), chapter 302, Laws of 1977, 1st Ex. Sess., the court is to impose a $25 penalty assessment after conviction of a felony or gross misdemeanor involving a "victim" even if the punishment for the crime involves only incarceration.

AGO 1963 NO. 66 >

(1) The offices of county sheriff and civil defense director are not incompatible. (2) A sheriff who also holds the office of civil defense director may receive compensation for said office in addition to his regular salary as sheriff.