Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 2011 NO. 2 >

Cities, counties, and special districts cannot contract directly with another agency for architectural and engineering services without first complying with the procurement procedures set forth in RCW 39.80, except where the legislature has granted specific statutory authority to do so.

AGO 1987 NO. 3 >

Water districts do not have authority to fluoridate water by state statute.  Assuming water district commissioners obtain authority to fluoridate by county, city or town ordinance, fluoridation for the water districts' users would be proper even if it incidentally resulted in delivery of fluoridated water outside the district.

AGO 1995 NO. 3 >

1.  The state constitution does not prohibit schools from adopting a "limited open forum" policy for student organizations making use of school districts' facilities, even where federal law requires that equal access be granted to student groups for religious purposes, so long as it is clear that the school district maintains a neutral position on religious matters.  2. A school district may recognize student groups engaged in religious activity and grant such groups access to school time and space on the same basis offered to other student organizations, so long as the district grants equal access to all points of view and neither endorses nor opposes the activities of any particular group.

AGO 1973 NO. 3 >

A school district, as a condition of reemployment of its certificated teachers for a new school year, may require such teachers to sign and return their formal written employment contracts within a specified, reasonable period of time after the mailing of these contracts to the teachers.

AGO 1968 NO. 3 >

Except in the case of ownership of more than ten acres of land in an irrigation district, as provided for by RCW 87.03.045, the fact that the same person holds a number of qualifying legal or equitable interests in one or more parcels of qualified land located in an irrigation district does not entitle that person to cast a multiple number of votes, equal to the number of his interests, at a single irrigation district election.

AGLO 1980 NO. 4 >

The provisions of RCW 36.57A.160 constitute the exclusive means by which a public transportation benefit area established pursuant to chapter 36.57A RCW may be dissolved.

AGO 1972 NO. 4 >

(1) A cemetery district created pursuant to chapter 68.16 RCW is thereby empowered to sell cemetery plots and render other customary cemetery services to persons who neither reside within nor own taxable property located within the district.(2) A cemetery district created pursuant to chapter 68.16 RCW may impose higher fees for cemetery plots and other customary services provided to persons not residing or owning taxable property within the district than it charges to residents and property owners so long as this fee differential is reasonable in relation to the criteria upon which it is based.

AGLO 1979 NO. 4 >

It would be a violation of Article VIII, § 7 of the state constitution for a municipal utility or public utility district to advance funds to its customers in order to enable them to purchase conservation materials notwithstanding a projected resulting benefit to utility customers, generally.

AGLO 1974 NO. 4 >

A fire protection district which is providing ambulance services is not authorized to charge a fee for those services.

AGO 2009 NO. 4 >

The Legislature’s repeal of statutes authorizing the formation of water distribution districts for irrigation and governing their operation, without making provision for existing districts, resulted in the dissolution of existing districts.  Existing water distribution districts for irrigation were not reclassified as irrigation districts or water-sewer districts.