Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1991 NO. 29 >

1.  There is a proposal by a county to establish a sick leave bank.  Under the proposal employees who have accrued vacation leave or sick leave may donate the leave to the sick leave bank.  In the event of catastrophic illness or injury, employees who have exhausted their vacation leave and sick leave may apply to the sick leave bank for additional leave.  Article 8, section 7 of the Washington Constitution prohibits gifts of public funds.  The proposal is not a gift by the county.  There is consideration to the county since the donating employees performed service in order to accrue the donated leave.  There is donative intent on the part of the donating employee, not the county.   2.  Under RCW 41.40.010(8)(a), (b), vacation leave and sick leave donated to the sick leave bank are not compensation earnable of the employee making the donation.  Although the employee accrues the leave, he or she is never paid for it.  3.  Under RCW 41.40.010(8)(a), (b), leave paid from the sick leave bank is not compensation earnable.  Although the employee receives payments from the sick leave bank, the payments are not made in return for services to the county by the receiving employee.  The leave was accrued as a result of services performed by the donating employee.

AGLO 1974 NO. 30 >

A county, in the exercise of its authority under chapter 36.94 RCW, to construct and maintain a drainage system, may place any of the physical facilities involved on privately owned land pursuant to easements by the private owners of the land.

AGO 1967 NO. 31 >

(1) Under the provisions of chapter 236, Laws of 1967, a class AA county may enter into a lease agreement with private parties pursuant to which such parties would acquire real property and construct thereon a public stadium with associated facilities and upon completion of construction thereof lease the same to the county as lessee with the county's obligation to make rental payments over the term of the lease being secured by a pledge of the proceeds of the two percent excise tax on lodgings authorized by § 11 of the act. (2) Such a county, having entered into such a lease agreement, may thereafter sublease the stadium and use the rental revenues derived from the sublease for the purpose of making the rental payments due under the primary lease; however, the county is not authorized to specifically pledge or assign such revenues for this purpose. (3) Such a county may enter into a long-term lease of such a stadium, as lessee, provided (a) that the rental obligations can be met out of current revenues and (b) that it is good business for the county to enter into a long-term lease; the county may then sublease the stadium for such period and under such terms and conditions as the board of county commissioners may determine. …

AGO 1955 NO. 32 >

A claim against a county for services performed during the preceding year, filed within thirty days thereof, is properly payable out of the previous year's budget appropriation, although such payment may be made after that time.The lapse provision for county budget appropriations in RCW 36.40.200 applies only to time for filing claims not to the time for payment.

 

AGLO 1975 NO. 33 >

RCW 36.32.470 authorizes a county under certain stated circumstances to provide financial assistance, without consideration, to a city located within the county for the purpose of improving its municipal water system in order to improve the fire fighting capability of the city.

AGLO 1980 NO. 34 >

It is not necessary for a city fire fighter or a county deputy sheriff to have satisfactorily completed the probationary periods of service provided for in RCW 41.08.100 or RCW 41.14.130 in order to obtain membership in the Law Enforcement Officers' and Fire Fighters' Retirement System; likewise, as a matter of state law, it is not necessary for a city police officer to have satisfactorily completed the probationary period specified in RCW 41.12.100 in order to obtain membership in the retirement system but, conceivably, such a qualification could be established in this instance by a local charter provision or ordinance.

AGLO 1974 NO. 36 >

A board of county commissioners, in the exercise of its responsibility under RCW 36.32.120(1) and related statutes to provide for the erection and maintenance of a county court house, may not locate that court house outside the territorial boundaries of the city which has been designated as the county seat.

AGO 1971 NO. 37 >

RCW 84.48.010, in requiring county boards of equalization convened pursuant thereto to meet in open session, requires that all sessions of a county board of equalization which have been convened pursuant to this statute be open to attendance by the public except where the county assessor proposes to offer in evidence information which he has obtained under RCW 84.48.340; where such evidence is offered, the board's session must be closed to the public unless the taxpayer against whom the evidence is offered accedes to the opening of the session to the public, and thereby waives his right to confidentiality.

AGLO 1976 NO. 40 >

The extent to which RCW 41.06.250(2) supersedes § 560 of the King county charter restricting political activities by county employees.

AGO 1967 NO. 41 >

(1) In the event of formation of a combined city and county municipal corporation, as provided for by Article XI, § 16 (Amendment 23) of the Washington constitution, such municipality would be a single municipal corporation for purposes of measuring its limitation upon indebtedness under Article VIII, § 6 (Amendment 27) of the constitution. (2) Article VII, § 1 (Amendment 14) of the Washington constitution would require that taxes levied by such a combined city and county municipal corporation ". . . be uniform upon the same class of property within the territorial limits of . . ." such combined county and city.  (3) The legislature, as part of an act providing for the formation of a combined city and county municipal corporation, could authorize the formation of subsidiary units which would be analogous to the community municipal corporations authorized by chapter 73, Laws of 1967.