Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1990 NO. 4 > May 24 1990

1.  The county sheriff's duty to enforce state law applies equally in incorporated and unincorporated areas of the county.  2.  If a city is unable to provide for adequate police protection, the county sheriff must take this factor into account in allocating the resources of the sheriff's office.  However, the statutes do not obligate the sheriff to provide a city with a specific number of police officers or a specific level of police services.  3.  If a city wants to obtain a specific number of county police officers or level of police services, the Interlocal Cooperation Act empowers the city to contract with the county to provide those services.

AGO 1979 NO. 4 > Feb 28 1979

Neither RCW 28A.58.136 nor any other present statute allows a school district to contract with a food service contractor to purchase foodstuff and other supplies, collect money, prepare tax returns, etc.; instead, such food service contractors may only be utilized for the preparation and service of food.

AGLO 1979 NO. 4 > Jan 17 1979

It would be a violation of Article VIII, § 7 of the state constitution for a municipal utility or public utility district to advance funds to its customers in order to enable them to purchase conservation materials notwithstanding a projected resulting benefit to utility customers, generally.

AGO 1977 NO. 4 > Jan 13 1977

(1) A code city is not required to call for competitive bids when contracting for the purchase of supplies, materials and equipment which are not being procured in connection with a public work or improvement project.   (2) A code city is required to call for competitive bids when contracting for the purchase of equipment which is being procured in connection with a public work or improvement having an estimated cost in excess of five thousand dollars.  (3) The provisions of chapter 56, Laws of 1975, 1st Ex. Sess., (now codified as RCW 35.22.620 ‑ 35.22.650) do not apply so as to permit a code city, when contracting for a public work or improvement, to refrain from calling for competitive bids if the estimated cost of such work or improvement, including the cost of materials, supplies and equipment, although in excess of five thousand dollars, does not exceed ten thousand dollars (or fifteen thousand dollars if the public work or improvement is for the construction of water mains).

AGO 1990 NO. 5 > Jun 12 1990

1.  RCW 71A.12.110 empowers the Secretary of the Department of Social and Health Services to enter into agreements to pay the contracting party to perform services that the Secretary is authorized to provide under Title 71A RCW.   2.   The Secretary's discretion to contract out, granted by RCW 71A.12.110, may be limited by negotiated collective bargaining agreements entered into pursuant to RCW 41.06.150(13).

AGLO 1974 NO. 5 > Jan 9 1974

Taxing district which constitute "municipal corporations" under chapter 64, Laws of 1973, 1st Ex. Sess.; determination of the rate of compensation to be paid by a municipal corporation for fire protection services thereunder; consequences of refusal of a municipal corporation to contract with a fire protection district; municipal bids for fire protection services.

AGO 1972 NO. 5 > Dec 7 1972

(1) RCW 28A.58.420, as amended by § 2, chapter 269, Laws of 1971, 1st Ex. Sess., permits but does not require all school districts to make available to their employees an insurance program which would include medical or health care coverage entitling the beneficiaries to utilize the services of those practitioners who are licensed pursuant to chapters 18.22, 18.25, 18.53, 18.57 and 18.71 RCW.(2) If an insurance contract procured by a school district for its employees under RCW 28A.58.420, as amended, does include medical coverage relating to services which can be rendered by more than one of the above enumerated classes of licensees, the contract must then entitle the beneficiaries to choose between the services of each of those categories of licensees which are authorized to treat the particular covered illness or injury in question.(3) Where the board of directors of a school district is providing medical or health care insurance coverage for its employees under RCW 28A.58.420, as amended, it is not necessary that the contract for insurance or protection allow its beneficiaries to utilize the services of any practitioners in this state licensed pursuant to the enumerated RCW chapters; instead, it is permissible for the insurance contract to afford to those beneficiaries only the services of a designated list of named licensees practicing in a particular geographical area.

AGLO 1973 NO. 6 > Jan 10 1973

The provisions of RCW 42.23.010, et seq., prohibiting certain municipal contracts because of "beneficial interests" therein by officers of the municipality do not apply where the officer's interest is not of a pecuniary or financial nature.

AGLO 1982 NO. 7 > Apr 14 1982

(1) RCW 54.24.018 does not apply to PUD contractual obligations not involving issuance, by the district, of its own bonds.(2) If a PUD issues bonds in order to fund a prior contractual liability, the provisions of Wash. Const., Article VIII, § 6 (but not Article VII, § 2 or Article VIII, § 7) would be applicable.

AGO 1981 NO. 9 > Jul 24 1981

(1) In the light of 1981 legislation, the maximum rate of interest, or service charge, which may now lawfully be imposed in connection with designated types of transactions is as follows: (a) Contract sales of real property‑-the higher of twelve percent per annum or four percentage points over the equivalent coupon issue yield of the average bill rate for twenty-six week treasury bills as determined at the first bill market auction conducted during the preceding calendar month (e.g., for contracts entered into in June, 1981, 20.58 percent), except that this limitation is not applicable if the particular contract is not primarily entered into for personal, family or household purposes or if the transaction is for agricultural, commercial, investment or business purposes and the purchaser is not a natural person; (b) Retail installment sales transactions‑-1-1/2 percent per month (or $1 if greater) for retail charge agreement transactions (e.g., purchases pursuant to a retailer's credit card) and, in the case of purchases covered by a retail installment contract, six percentage points above the average of the equivalent coupon yields of the bill rates for twenty-six week treasury bills for the last market auction conducted during February, May, August and November of the year prior to the year in which the contract is executed (e.g., for retail installment contracts during calendar year 1981, 18.5 percent); (c) Bank credit card transactions‑-the higher of (i) 12 percent, (ii) the rate computed by application of the same formula as now applies to real estate contracts, above, or (iii) 1 percent above the Federal Reserve Bank's discount rate;(2) The foregoing interest rate limitations apply to (a) contracts for the sale of real property entered into on or after May 8, 1981, with the caveat that the general usury statute, chapter 19.52 RCW, should be deemed to have become applicable to such contracts as of February 11, 1981; (b) retail installment transactions likewise occurring on or after May 8, 1981 with, however, a limited exception involving certain existing agreements; and (c) bank credit card transactions entered into on or after May 8, 1981, the effective dates of chapters 77 and 78, Laws of 1981.[[Orig. Op. Page 2]]