Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1996 NO. 15 >

RCW 42.23.030 does not prohibit the service of one spouse as a county commissioner (and ex officio local health board member) while the other spouse serves as administrative officer of the health department; these positions are both public offices and the compensation for them does not arise out of contract.

AGO 1972 NO. 15 >

(1) Under chapter 36.94 RCW, a county may either construct a single system of water and/or sewerage disposal for the entire county or it may create several separate such systems for separate portions of the county.(2) If a county establishes separate systems of water and/or sewerage disposal for separate parts of the county, each system must be covered by a separate "general plan" under RCW 36.94.030, and there must be a separate review committee under RCW 36.94.050 for each such proposed system and plan.

AGO 1992 NO. 15 >

1.  RCW 3.46.150 provides that a city may give notice to the county legislative authority to require termination of a municipal department of the district court.  The municipal department is terminated through amendment to the county's district court districting plan.  2.  District court judge who had been serving in a municipal department of the district court remains a district court judge following termination of the municipal department until he or she vacates the position prior to the end of his or her term, or the term expires.  3.  The term of office for a judge of a municipal court established by city ordinance is four years.

AGO 1998 NO. 15 >

1.  A county does not have authority to ban video or sound recording of a meeting required to be open to the public by the Open Public Meetings Act (RCW 42.30); the county could regulate recording only to the extent necessary to preserve order at the meeting and facilitate public attendance. 2.  A county has authority to ban video or sound recording of any lawful executive session of a public meeting. 3.  If a meeting is not an “open public meeting” as defined in RCW 42.30, but is required to be an open meeting by some other statute, the extent of the county's authority to restrict recording of such a meeting would depend on the language and the intent of the controlling statute. 4.  If a county officer conducts a “private meeting” as may be defined in law, the county has authority to restrict or prohibit the recording of such meetings.

AGO 1965 NO. 16 >

Counties may not jointly construct and finance a bridge to be located entirely within the territorial boundary of one county.

AGO 1969 NO. 16 >

(1) A board of county commissioners will be in compliance with § 18, chapter 176, Laws of 1969, Ex. Sess., if, during the remainder of the calendar year 1969, it pays to the intermediate school district in which it is located an amount equal to one half of the amount which the county appropriated to the budget of its county superintendent of schools for the entire year 1969. (2) A county's payments to the intermediate school district in which it is located, as provided for in § 18, chapter 176, Laws of 1969, Ex. Sess., may be transmitted on a monthly basis rather than being made in the form of a single lump sum payment. (3) A county's payments to the intermediate school district in which it is located may be made by county warrants drawn upon the county current expense fund. (4) In making the payment from its current expense fund to the intermediate school district in which it is located, a county is not authorized to withhold from the amount to be paid a sum sufficient to pay the salary of its county superintendent of schools during the remainder of his term of office. (5) The board of county commissioners of the county which is providing office facilities for an intermediate school district may not require the district to make payment to the county for the use of these facilities. (6) A board of county commissioners may not charge an intermediate school district for the services rendered to the district by its county prosecutor, treasurer, or auditor. (7) It is permissible for an intermediate school district, in accordance with its own budget, to pay one of its employees a salary in excess of the amount which was budgeted for that employee, as a county superintendent's employee, by a board of county commissioners.

AGO 1961 NO. 16 >

Where territory which is part of a county road district is annexed to a city, the annexing city is entitled upon collection to receive from the county treasurer such road district taxes as have been levied but not collected on property within the annexed territory prior to the time of annexation for application to city street fund purposes.

AGO 1971 NO. 17 >

(1) The provisions of chapter 58.17 RCW, relating to plats and subdivisions, are applicable to mobile home parks where the ownership of an entire parcel remains in the developer or operator of the park, but the parcel is divided into five or more lots or sites for the purpose of renting the same to mobile home owners on a month-to-month basis. (2) The provisions of chapter 58.17 RCW, relating to plats and subdivisions, are also applicable where a developer or operator retains ownership of an entire parcel of land, but divides the same into five or more lots or sites for the purpose of renting the same on a nightly or weekly basis to the owners of campers, trailers, and such other mobile recreational and camping vehicles.

AGO 1983 NO. 17 >

Exercising the authority granted to it by RCW 39.84.040 a municipality, in creating a public corporation in connection with the issuance of industrial development revenue bonds under chapter 39.84 RCW, may provide in the ordinance establishing the corporation that one or more positions on its board of directors shall be filled by a member (or members) of its governing body serving ex officio; however, if the number of members of the governing body who are to serve, ex officio, on the board of directors of corporations is less than the total number of members of the governing body, the ordinance should also, itself, state the criteria for determining which members of the governing body are also to serve as directors of the corporation.

AGO 1975 NO. 17 >

(1) A county ordinance adopted under Article XI, § 11 of the state constitution may not require the owner of land abutting a county road intersection, without compensation, to remove preexisting trees and other vegetation or structures from within a prescribed distance of the intersection in order to provide an unobstructed view across the owner's land for vehicles approaching the intersection.  (2) A county may, however, secure the removal of such sight obstructions at an intersection by exercising its constitutional powers of eminent domain.