Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 2002 NO. 2 >

While associations comprised of counties or local public officers are not “agencies” as defined in RCW 42.17.020, they could in certain circumstances be found to be “functional equivalents” of agencies for purposes of applying particular portions of the Public Disclosure Act; this would be greatly dependent on the facts of a particular case.

AGO 1975 NO. 2 >

Retention or dissolution of existing municipal corporations upon formation of a city-county under Article XI, § 16 (Amendment 58) of state constitution; conditions applicable for the election of freeholders to frame a city-county charter; retention or nonretention of certain county elected officials; assumption of existing intergovernmental contracts by a newly formed city-county; ability of a city-county to make contracts under the interlocal cooperation act; power of a city-county to impose an income tax; eligibility of a city-county for state funds which are statutorily distributable to counties or cities; legality of a city-county two year zoning moratorium; retirement coverage for employees of a newly formed city-county.

AGO 2005 NO. 2 >

1.  RCW 58.04.007 permits property owners to resolve uncertain or disputed property boundaries when the boundary line cannot be ascertained through a reference to public records or physical landmarks, or where there is an actual dispute between landowners about the location of the boundary line.  2.  A charter county has authority to implement and facilitate the operation of RCW 58.04.007 by prescribing procedures to be followed in recording written agreements concerning the resolution of unknown or disputed boundary lines, including requirements for county review of documents presented for recording where the county provisions are not in conflict with statutory law.

AGO 1983 NO. 2 >

The construction, alteration, repair or improvement (other than ordinary maintenance) of low income housing facilities by a public housing authority established pursuant to chapter 35.82 RCW constitutes a public work which is subject to the provisions of the state prevailing wage law (chapter 39.12 RCW) where it is paid for with state or municipal funds or where, in any event, it gives rise to a lien or charge, on the part of the contractor or others involved, against the property of the housing authority.

AGO 1979 NO. 2 >

(1) In the event that a county enters into an interlocal cooperation act agreement with cities of the second, third and fourth class within the county for the operation of a solid waste disposal system, whereby the county is given full authority to manage and operate such system on behalf of the county and the cities, the county would stand in the position of agent for the participating cities and, hence, would be required to comply with the bidding requirements of RCW 35.23.352 and 35.23.353 in making and entering into contracts and purchases for such solid waste disposal system.  (2) The fact that a particular county is not subject to mandatory bidding requirements, generally, does not excuse it from compliance with RCW 36.58.050 which requires a county entering into contracts for the hauling of trailers of solid waste from transfer stations to disposal sites and return to do so either by (a) the normal bidding process or (b) negotiation with the qualified collection company servicing the area under the authority of chapter 81.77 RCW.

AGO 2000 NO. 2 >

RCW 39.34.180 does not obligate a county to enter into a contract with a city or town to handle, through the county’s court system, misdemeanor cases referred from the city or town’s law enforcement officers; however, once a county has agreed to enter into such an agreement, the county must submit to binding arbitration if no agreement is reached concerning the payments to be made under the agreement.

AGO 1991 NO. 2 >

1.  RCW 84.56.023 authorizes counties to accept payment of property taxes by credit card.  If the county utilizes this procedure, it must collect fully payment of taxes, interest and penalties without discount.  2.  RCW 84.56.023 does not grant the county the authority to collect from the taxpayer a service fee on behalf of the bank issuing the credit card.

AGO 2011 NO. 2 >

Cities, counties, and special districts cannot contract directly with another agency for architectural and engineering services without first complying with the procurement procedures set forth in RCW 39.80, except where the legislature has granted specific statutory authority to do so.

AGO 1986 NO. 3 >

In an appeal to the State Board of Tax Appeals from a county board of equalization, the presumption of correctness established by RCW 84.40.0301 in valuation of property for taxation applies to the determination of the assessor, not that of the board of equalization.