Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1957 NO. 6 >

If rural county library funds are accumulated according to the provisions of RCW 27.12.220, it is necessary at the time expenditure of such accumulated funds is desired that an item for such expenditure be included in the appropriate year's budget.  The trustees of a rural county library district may not declare an emergency for the purpose of expending funds not included in the annual budget, assuming the necessary funds of an emergency nature exist.

AGO 2008 NO. 6 >

A city, county, and university have the authority to enter into an interlocal agreement under which the city would contract to use the services of the university’s extension program with the county to provide educational programs and other services concerning the potential effects of climate change.

AGO 2001 NO. 6 >

1.   A superior court has authority to adopt a rule requiring the county clerk to file papers within specified periods of time.   2.   If a county clerk fails to file papers in court files within the time set forth in superior court rules, the court has several options for sanctions, including a specific order to perform the work or, in appropriate circumstances, an order holding the clerk in contempt; however, the court does not have authority to remove the clerk.

AGO 1996 NO. 6 >

1.  A recorded declaration that a property owner holds real estate in "allodial freehold" is ineffective to exempt the real estate from property taxes levied under state law. 2.  A declaration of homestead filed on real estate pursuant to chapter 6.13 RCW does not prevent the foreclosure and sale of real estate for unpaid property taxes, as property taxes are not "debts of the owner" and thus are not rendered exempt from execution by RCW 6.13.070.

AGLO 1977 NO. 6 >

A transfer of an interest in real property by a parent corporation to a subsidiary corporation, or by a subsidiary corporation to a parent corporation, is not subject to the one percent real estate excise tax under chapter 28A.45 RCW where the transferee corporation does not issue or transfer stock certificates to the transferor corporation in exchange for the interest in real property thus transferred.

AGO 2012 NO. 6 >

1.  The legislative authority of a charter county has the authority to suspend the county treasurer from office under RCW 36.29.090.  RCW 36.29.090 authorizes the legislative authority to suspend a county assessor-treasurer from his or her duties as treasurer, but not from duties as assessor.    2.  For purposes of RCW 36.29.090, an action based upon “official misconduct” is a civil or criminal lawsuit alleging official misconduct and would include recall petitions, criminal prosecutions, and civil actions on required bonds posted by county treasurers to ensure the faithful performance of their duties.    3.  The legislature may, by general law, authorize the legislative authority of charter counties to suspend county treasurers or treasurer-assessors from their duties so long as the legislature’s action does not violate constitutional limitations generally applicable to legislative actions.

AGO 2006 NO. 6 >

The presence of a quorum of the members of a city or county council at a meeting not called by the council does not, in itself, make the meeting a “public meeting” for purposes of the Open Public Meetings Act (RCW 42.30); the Open Public Meetings Act would apply if the council members took any “action” (as defined in RCW 42.30) at the meeting, such as voting, deliberating together, or using the meeting as a source of public testimony for council action.

AGO 1990 NO. 6 >

1.  In Board of Estimate v. Morris the United States Supreme Court struck down a voting system in which borough presidents, who were voting members of the Board of Estimates, were elected by the voters of each borough and the boroughs varied greatly in population.  2. In San Juan County commissioners reside in commissioner districts that vary in population, however, the primary and general elections are conducted among voters of the county at large, not merely among the voters of the commissioner district.  The United States Supreme Court has approved such at large voting systems, even where the candidates were required to reside in districts that varied in population.  Board of Estimate v. Morris does not cast doubt on the validity of these decision. 3.  The United States Supreme Court has struck down at large voting systems on grounds that they impermissible diluted the electoral strength of racial or other political minorities in the at large district.  This is a factual question.  At present we are unaware of any facts tending to show this to be the case in San Juan County.

AGO 1986 NO. 6 >

The dividing of a lot in a previously approved subdivision into two halves with the intent that one‑half be sold and attached to an adjoining parcel outside the subdivision does not create a boundary line adjustment.