Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1971 NO. 30 >

(1) Section 3, chapter 257, Laws of 1971, 1st Ex. Sess., does not prohibit a person who cannot meet the minimum medical and health standards necessary for membership in the Washington law enforcement officers' and fire fighters' retirement system from serving as a county deputy sheriff or from retaining his civil service position or rank under chapter 41.14 RCW.(2) A county deputy sheriff who cannot meet the minimum medical and health standards necessary for membership in the Washington law enforcement officers' and fire fighters' retirement system is, if otherwise eligible under RCW 41.40.120, thereby required to participate in the Washington public employees' retirement system if the county by which he is employed is an employer under that system.

AGLO 1976 NO. 30 >

(1) Notwithstanding § 1, chapter 86, Laws of 1973, Ex. Sess., the prosecuting attorney of a fourth class county is still required to serve as ex officio county coroner. (2) Such prosecuting attorney is authorized to appear and defend the county in an action involving alleged misconduct by the coroner or his deputies.

AGO 1961 NO. 31 >

The board of county commissioners of Pacific county is legally authorized to contribute toward the cost of construction of a Washington approach to the proposed Astoria-Megler bridge, within the debt limit requirements.

AGLO 1980 NO. 31 >

(1) A county auditor is legally authorized to reject records of survey which do not meet the requirements set forth in chapter 332-130 WAC, chapter 58.09 RCW and chapter 58.17 RCW.(2) A county auditor is required by RCW 58.17.190‑-prior to approval by the appropriate local legislative body‑-to refuse to accept for recordation any maps or representations which in fact constitute a "plat" of a "subdivision" required to be filed under chapter 58.17 RCW, and which otherwise contain a survey of such a subdivision.

AGO 1965 NO. 31 >

(1) A county assessor may, within the limits prescribed by RCW 84.40.030 and Article VII, § 2, Amendment 17, Washington State Constitution (assessment of property at fifty percent of its true and fair value in money) increase the level of assessment on all property in his county on a uniform basis although it may not be possible to make a physical inspection or reappraisement of all the property in the county during a single year. (2) A county assessor whose records do not specifically list the 100% market value of properties in the county, but simply the assessed value, may nevertheless make the contemplated adjustment in the level of assessment since full true and fair market value is ascertainable from the information available in his office.

AGLO 1977 NO. 32 >

Even though the statutes relating to duties of a county sheriff do not, themselves, expressly require him to conduct search and rescue operations he may well have a duty to do so either because of his involvement in the county emergency services organization or because a criminal investigation may be called for under the facts of a given case.

AGLO 1979 NO. 34 >

RCW 4.56.210, as amended by § 1, chapter 236, Laws of 1979, 1st Ex. Sess., does not authorize a superior court clerk to issue a writ of execution on a civil judgment more than six years, but less than ten years, after the rendition thereof; instead, that issue remains governed by the provisions of RCW 6.04.010.

AGLO 1979 NO. 35 >

The provisions of RCW 36.29.180 only authorize a county treasurer to charge and collect a fee for his services in handling, collecting, disbursing and accounting for funds collected pursuant to the assessment rolls of a political subdivision as distinguished from the county's own assessment rolls for ad valorem property tax purposes.

AGO 1971 NO. 35 >

The provisions of § 17, chapter 288, Laws of 1971, 1st Ex. Sess., establishing certain qualifications to be met by persons having the responsibility of valuing real property for purposes of taxation, although applicable to the assistants or deputies to a county assessor, do not apply to the county assessor himself regardless of whether he holds office by election or by appointment to fill a vacancy.

AGO 1968 NO. 35 >

A county coroner may take a blood sample from a person killed in a traffic accident and submit this sample to the state toxicologist for examination without violating RCW 68.08.105, relating to the confidentiality of reports and records of autopsies or post mortems; however, the state toxicologist has no authority to require any such blood sample to be submitted to him.