Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1978 NO. 18 >

A county which has heretofore imposed a local sales and use tax for public transportation under the provisions of (former) RCW 82.14.047, with voter approval, may now reduce the rate of that tax while at the same time reserving the right and authority again to increase the tax at a later date, without further voter approval, so long as the increased tax does not exceed the rate originally approved by the voters.

AGLO 1974 NO. 18 >

The representative of a county who is to be appointed to the thermal power plant site evaluation council under RCW 80.50.030(4) whenever an application for a proposed thermal power plant site within the county is filed with the council is required to be a member of the legislative authority of the county.

AGO 1957 NO. 18 >

Payment of premiums on false arrest insurance for the sheriff and his deputies is for individual benefit and is not a legitimate county expense.

AGO 1974 NO. 19 >

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 1996 NO. 19 >

1.  The procedure established in RCW 90.03.383(3) for modifying a water right permit based on an intertie between public water supply systems applies only to interties existing and in use on January 1, 1991. 2.  Under RCW 90.03.383(3), when the Department of Ecology processes a change in place of use occasioned by an intertie between public water supply systems, the resulting permit(s) should show the quantity of water delivered through the intertie as well as the change in place of use. 3.  Under RCW 90.03.383(4), the Department of Ecology's scope of inquiry is whether each system's use is within the annual and instantaneous withdrawal rate specified in its water right authorization and whether the exchange or delivery through the intertie adversely affects existing water rights.  

AGO 1988 NO. 19 >

A county may not, through an interlocal cooperation agreement with a city or other municipal corporation, use county revenue generated under the tax imposed pursuant to RCW 82.46.010(1) to fund capital improvements on property owned by the city or municipal corporation, unless the county can show that the improvements relate to a county function or serve a county purpose.

AGO 1977 NO. 19 >

Impose a reasonable franchise fee in return for the granting of a franchise to cable television company, and likewise, may also impose similarly reasonable fees for the various other kinds of franchises which are authorized to be granted by RCW 36.55.010.

AGLO 1975 NO. 19 >

The state building code, chapter 96, Laws of 1974, 1st Ex. Sess., supersedes the provisions of chapter 2, Laws of 1973, 1st Ex. Sess., to the extent that the two acts are in conflict.

AGO 1957 NO. 19 >

A board of county commissioners has no discretion in calling or not calling an annexation election under RCW 35.13.040

AGO 1994 NO. 20 >

1.  A board of freeholders elected pursuant to article 11, section 16 of the Washington Constitution to draft and present a proposed city-county charter may not instead draft a charter relating to the county only.  2.  The state constitution requires that a city-county charter specifically provide for the legal status of cities within the new government's territory, and grants broad discretion to the voters in defining which, if any, of the powers and duties of existing cities would continue or change after adoption of a city-county charter.  3.  Cities remaining in existence in a city-county operating under a city-county charter retain authority to annex territory, only if and only to the extent that the charter grants such authority.  4.  All of the voters of a county may vote on the adoption of a proposed city-county charter, including those residing within any incorporated cities in the county.  5.  A board of freeholders lacks authority to use public funds or property to advocate or promote adoption of a city-county charter after it has been drafted and submitted pursuant to the constitution; however, the acts of soliciting and recording public opinion, drafting, debating, deliberating, selecting options, and submitting a charter to the county are all specifically implied by the freeholders' constitutional role and do not constitute an unlawful use of public property.