Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1977 NO. 12 >

Deputy county sheriffs appointed pursuant to RCW 36.16.070 and chapter 41.14 RCW are exempt from the state minimum wage act (chapter 49.46 RCW) by reason of so much of RCW 49.46.010(5)(k) as excludes any individual ". . . who holds a public . . . appointive office of . . ." the state, any county, city, town, municipal corporation or quasi municipal corporation, political subdivision, or any instrumentality thereof.

AGO 1986 NO. 12 >

RCW 41.26.150 makes the counties responsible for the costs of nursing home care for those individuals retired from county employment under the Law Enforcement Officers' and Fire Fighters' Act for so long as nursing home confinement is required. The county may reduce the amount paid monthly to a retiree by the amount currently received from another source as reimbursement for medical services but not for those monies received by the retiree for other purposes such as a general retirement allowance.

AGO 1975 NO. 13 >

A board of county commissioners receiving federal forest funds under RCW 36.33.110 is not authorized or directed by that or any other statute to distribute any portion of those funds to a joint school district belonging to another county but lying partially within the county receiving the funds.

AGLO 1980 NO. 13 >

As amended by § 1, chapter 132, Laws of 1979, RCW 36.28.180 does authorize the expenditure of county money for civilian clothing for nonuniformed sheriff deputies such as detectives, but only to the extent that the civilian clothing in question has been determined to be necessary for the performance of their official duties.

AGO 1979 NO. 13 >

The jurisdiction of a county coroner under the first clause of RCW 68.08.010 extends to the body of a deceased person who, although not physically seen by a physician or other medical practitioner within the 36 hours preceding death, was generally under a physician's care for a number of years prior to his death and died ". . . under circumstances which the family physician considers consistent with the serious medical condition with which the deceased had been previously treated for a number of years."

AGO 1959 NO. 14 >

The county treasurer cannot refuse to accept the first half of either irrigation or drainage district assessments after such first half assessments are delinquent but before the second half are delinquent and require the assessment to be paid in full.

AGLO 1974 NO. 15 >

A board of county commissioners acting pursuant to RCW 36.32.200 may, with the approval of a majority of the county superior court judges, employ an attorney to advise the board on general matters of its concern; such employment contract, however, may not extend beyond the term of the board.

AGO 1980 NO. 15 >

Under the applicable state statutes relating to the issuance of death certificates (RCW 70.58.160-70.58.180) a county coroner does not have the authority to issue a presumptive death certificate based on circumstantial evidence where no body has been found

AGO 1977 NO. 15 >

(1) If a vacancy occurs in a partisan county or legislative office prior to the state general election which is to be held on November 8, 1977, an election will then be required for the remainder of the unexpired term regardless of whether or not the vacancy is initially filled by appointment.  (2) If such a vacancy occurs on or before the last Friday in July of 1977, filings should be accepted pursuant to RCW 29.18.030 and the election should be conducted accordingly in the usual manner.  (3) If such a vacancy occurs after the last Friday in July of 1977, but on or before the first Friday in August, nominations and filings may be made by the political parties under RCW 29.18.150.  (4) If, however, the vacancy does not occur until after the first Friday in August, 1977, the only method for conducting the election will be on a write‑in basis since RCW 29.21.350-29.21.410 only pertain to elections for nonpartisan offices.

AGO 1987 NO. 15 >

The security committee of the Grant County dispatch center, consisting of the representatives of the law enforcement agencies of Grant County, has the authority under RCW 49.44.120 to require polygraph examinations of those current employees of the dispatch center who have never been under the control of a law enforcement agency prior to commencing employment at the dispatch center.