Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1974 NO. 19 > Sep 18 1974

An initial collective bargaining agreement executed under chapter 41.56 RCW between a county, municipality or political subdivision and the bargaining representative of its employees may contain a provision whereby the salary or wage rates therein agreed upon will be payable for services previously rendered, from and after a designated date prior to its execution, but only if there was in existence during that previous period some kind of agreement that the wages received for their work performed between the date of such agreement and the execution of the collective bargaining agreement are not to be considered to be their full compensation; and no such agreement or understanding can be found from the mere act of certification or recognition of a bargaining agent under RCW 41.56.080.

AGO 1978 NO. 21 > Jun 14 1978

(1) Where the boards of directors of two or more public school districts have formed a joint purchasing agency, as authorized by RCW 28A.58.107(3), and that joint purchasing agency itself complies with the bidding requirements of RCW 28A.58.135 in so doing, the agency may then acquire and maintain an inventory of supplies from which the participating school districts may draw without also individually calling for bids as provided for in RCW 28A.58.135.   (2) A joint purchasing agency formed pursuant to RCW 28A.58.107(3) may also act as a purchasing agent for private schools within its general geographic area.   (3) Although a public school district may, alternatively, use the services of a purchasing agent which was not created pursuant to RCW 28A.58.107(3) to acquire supplies and materials, in that event either the district or its agent must comply with the bidding requirements of RCW 28A.58.135.

AGO 1970 NO. 21 > Oct 5 1970

Section 1, chapter 38, Laws of 1970, relating to the investment of the retained percentage of moneys earned in public works contracts, is not applicable to contracts which were executed prior to its effective date.

AGO 1977 NO. 23 > Dec 9 1977

The completion of a probationary period under RCW 28A.67.065 is not a pre‑condition to the nonrenewal of a provisional school district employee during his or her first year of employment under RCW 28A.67.072.

AGLO 1979 NO. 23 > Jun 1 1979

(1) Under the authority granted to it by RCW 28A.50.140(16), a state community college district may offer, under contract with a private college of naturopathy, a two-year course in basic science representing the middle two years of a six-year curriculum leading to the issuance, by the private institution, of an N.D. (doctor of naturopathic medicine) degree, which two-year basic science program would be required to be preceded by two years of college level studies.

(2) The Council for Postsecondary Education is statutorily authorized to review the conduct of such a program and/or make advisory recommendations regarding the conduct thereof.

AGO 1968 NO. 23 > Jun 6 1968

The phrase "one and one half percent of the taxable property," as used in § 1, chapter 92, Laws of 1963 (RCW 39.30.010), authorizing executory conditional sales contracts for the purchase of property by certain municipalities including cities and towns, refers to the actual value of the taxable property located within the contracting municipality rather than to the assessed valuation of such taxable property.

AGO 1961 NO. 24 > Apr 25 1961

A school district calling for bids prior to letting a contract can specify an item by brand name or name of manufacturer without an additional clause inviting bids on similar items of equal quality and serviceability if the public officials have not drafted the specifications arbitrarily and capriciously and are acting in good faith.

AGO 1972 NO. 24 > Oct 25 1972

Because of RCW 35A.40.200, the competitive bidding requirements of RCW 35.23.352 are applicable to contracts executed by a city operating under the optional municipal code when engaged in making public improvements or performing public works; however, these requirements are not applicable to the contracts of such a city for professional or personal services such as those of an insurance broker.

AGLO 1978 NO. 26 > Sep 7 1978

It is a violation of RCW 48.30.140(1) and RCW 48.30.150 for a licensed insurance agent, when selling insurance in connection with an employee's pension and profit sharing plan, to treat his commission for selling such insurance as partially covering the fee which he would otherwise charge for designing and installing the aforesaid plan, thereby reducing the amount of such fee.

AGLO 1980 NO. 26 > Aug 29 1980

In determining whether a particular county road construction or improvement project may be accomplished by day labor under RCW 36.77.060 (in a case where the construction or improvement is not the installation of electrical control devices or the like) prior to the effective date of the repeal thereof on January 1, 1981, the costs of related construction materials need not be taken into consideration irrespective of (a) whether the construction materials were purchased in connection with the particular project rather than being acquired as a part of a general inventory or (b) whether those construction materials were purchased by competitive bidding or not.