Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1975 NO. 9 > May 1 1975

The requirement of chapter 39.12 RCW that the "prevailing rate of wage" be paid to laborers, workmen or mechanics upon all public works of the state, or any county, municipality, or political subdivision, does not necessitate that such persons employed subject to its provisions be provided with actual "bona fide fringe benefit programs" so long as wages are paid in an amount which includes the prevailing costs of such programs as are identified in RCW 39.12.010.

AGO 1973 NO. 9 > Mar 30 1973

(1) An agreement by a school district in reducing its force of certificated teachers for financial reasons to grant those teachers whose contracts are not to be renewed an unpaid leave of absence coupled with a right to return at some future date, if and when future teaching vacancies occur within the district for which they are qualified, will be enforceable by a separated teacher only if it is supported by an adequate legal consideration. (2) Such an agreement must be in writing in order to satisfy the requirements of RCW 28A.67.070, and of RCW 19.36.020 as well if the rights thereby granted are intended to be enforceable for more than one year beyond the date of its execution. (3) Considerable doubt must be expressed as to the enforceability of such a leave of absence coupled with a right of return if the term of leave exceeds one year in duration. (4) During the period of an unpaid leave of absence a teacher will not be eligible for active participation in the state teachers' retirement system as an employee of the district granting the leave. (5) Whether during the period of an unpaid leave of absence a teacher will be eligible to continue participating at his own expense in a medical insurance program provided for by the school district under RCW 28A.58.420 or RCW 41.04.180 will depend upon the terms of the particular insurance contract involved.

AGO 1992 NO. 11 > Jun 29 1992

1.  A water district commissioner is a municipal officer subject to the Code of Ethics for Municipal Officers, chapter 42.23 RCW.  Under RCW 42.23.030 a water district commissioner cannot have a beneficial interest in a contract with the district where the water district's total liability exceeds $750 in any calendar month. 2.  A part-time employee, operating under the control of a board of water commissioners is not a municipal officer subject to the Code of Ethics for Municipal Officers.  Thus, the restrictions in RCW 42.23.030 do not apply to the part-time employee.

AGO 1976 NO. 11 > May 26 1976

(1) Under § 3, chapter 58, Laws of 1975-76, 2nd Ex.Sess., when a comprehensive solid waste plan adopted under RCW 70.95.080 incorporates the use of transfer stations, the transportation of solid waste between disposal sites in transfer trailers, but not in "drop box" detachable containers, is thereby exempt from regulation by the Washington utilities and transportation commission.  (2) Under § 3, chapter 58, Laws of 1975-76, 2nd Ex. Sess., a county in which a comprehensive solid waste plan has been adopted may contract for the hauling of solid waste between disposal sites in transfer trailers, but not in detachable containers, either by the normal bidding process or by negotiation with the qualified collection agency serving the area under the authority of chapter 81.77 RCW; contracts utilizing the use of detachable containers, however, must follow the normal bidding process where applicable.

AGO 1982 NO. 12 > Sep 23 1982

So long as the maximum rate does not exceed that which is permitted by RCW 63.14.130(1) in those instances where that statute applies, the Washington Retail Installment Sales Act, as codified in chapter 63.14 RCW, does not prohibit a retail seller from imposing a variable rate of service charge in a retail installment contract for the purchase of a manufactured home.

AGO 1980 NO. 12 > May 20 1980

A two-party real estate contract for the sale of residential real property, involving only the owner-seller (whether commercial or private) of the real property and the purchaser thereof, is not subject to the twelve percent per annum interest limitation contained in Washington's usury statute, RCW 19.52.020.

AGO 1983 NO. 13 > Jul 25 1983

The provisions of chapter 39.12 RCW, the state prevailing wage law, do not apply to bus drivers or like personnel employed by private companies providing transportation services to a school district by contract.

AGO 1977 NO. 13 > Jun 8 1977

(1) A person newly employed by a school district in a teaching or other supervisory certificated position remains a "provisional employee," within the meaning of RCW 28A.67.072, for a twelve‑month (or 365 day) period commencing on the date of his employment and ending one year later.  (2) The procedures for contract renewal which are provided for under RCW 28A.67.072 in the case of provisional school district employees may only be utilized if notice of nonrenewal is given by not later than the May 15th date which falls within the term of an individual's first year of employment as above defined.

AGO 1978 NO. 13 > May 1 1978

(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 1978 NO. 14 > May 3 1978

The provisions of chapter 39.04 RCW, relating to public works projects by the state and certain municipalities, are applicable to public port districts organized pursuant to Title 53 RCW.

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