Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1973 NO. 17 >

Alternative procedures available for procurement of group life insurance for employees of a fire protection district under RCW 48.24.020 and RCW 52.08.030.

AGO 1979 NO. 18 >

(1) Evaluations of teaching materials by a school district in public hearing pursuant to RCW 28A.58.758(2)(f) may be conducted either by the school board or by the administrative staff of a school district.  (2) RCW 28A.58.758(2)(f) and RCW 28A.58.103(1)(e) do not provide alternative means for processing complaints registered by parents, guardians or custodians of students with respect to teaching materials deemed by them to be objectionable. (3) Films used for teaching purposes are included within the term "teaching materials" as used in RCW 28A.58.758(2)(f). (4) The legislature has not prescribed any particular rules of procedure to govern the conduct of an evaluation of teaching materials in public hearing pursuant to RCW 28A.58.758(2)(f); instead, each school district board of directors should be viewed as having the power to establish its own rules of procedure within the confines of judicially approved standards.

AGO 1969 NO. 18 >

(1) Such amounts as the board of natural resources deducts from rentals on harbor area or tideland leases under the authority of RCW 79.64.040 are to be subtracted from the total amount paid in determining the net amount of rental proceeds available for disposition under RCW 79.16.180. (2) Where a port district, after the effective date of the amendment to RCW 79.16.180 which was contained in § 2, chapter 105, Laws of 1967, Ex. Sess., constructs improvements on leased harbor areas or tidelands belonging to the state of Washington, but situated within the territorial limits of the district, the district is to receive the entire net rental attributed to the improvements (as before) but is to receive only twenty-five percent of the net rental attributable to the underlying leased area not considering the improvements.

AGO 1961 NO. 18 >

The board of commissioners of a fire protection district is not legally authorized to pay part or all of the premiums of group life insurance for the nonpaid volunteer firemen or the paid fire chief and secretary of the district, covering them both on and off duty.

AGO 1983 NO. 18 >

Read together, the provisions of RCW 28A.58.095 and the 1983-85 Biennial Operating Appropriations Act do not permit school districts to pool the total amount of money allowed for certificated and classified employee medical insurance benefits in order to provide each employee, regardless of the class of employees to which he or she belongs, an equal employer insurance benefit contribution.

AGO 1989 NO. 18 >

1.Chapter 85.38 RCW authorizes "special assessments" which may be imposed only on property specially benefitted in accordance with article 7, section 9, of the Washington Constitution as interpreted in case law; this chapter does not authorize the imposition of "rates and charges" based on some standard other than special benefit.2.Assessments made under chapter 85.38 [RCW] must be based on the special benefit conferred by a public work or activity on particular property, and may not lawfully be based on the extent of use of public services or other criteria.

AGLO 1979 NO. 18 >

In view of the specific legislative directive in RCW 42.30.140, it is RCW 42.30.080 and not RCW 52.12.090 which governs the calling of a special meeting of a board of fire protection district commissioners; accordingly, such a meeting may be called by the presiding officer of the board or by a majority of the members of the board without any necessity for concurrence by the secretary to the board.

AGO 1980 NO. 19 >

(1) Revenues, such as the receipts from the sale of admission tickets and paid advertisements, which are realized from the conduct of state athletic tournaments by the Washington Interscholastic Activities Association constitute private funds of the association and not public funds of the participating school districts and/or their student bodies.(2) The expenditure of public funds by a school district to pay travel, lodging, salary and other expenses incurred by the district as a result of the district's participation in a state athletic tournament conducted by the Washington Interscholastic Activities Association does not constitute a gift of public money or property to the association in violation of Article VIII, § 7 of the Washington Constitution.

AGO 1992 NO. 19 >

RCW 87.03.051 governs voter eligibility in irrigation districts of less than 200,000 acres.  Any property holder in the district whose land is subject to assessment for any reason is entitled to vote in district elections, even if the property is not currently being assessed for irrigation district purposes.

AGO 1968 NO. 19 >

It will not be possible for a school district or other taxing district to which the present 40-mill limit is applicable, in anticipation of the possible passage of S.J.R. 23 at the November, 1968, election, to prepare and submit to the voters of the district at the same election a proposal for two consecutive annual tax levies in excess of the 40-mill limit, since the procedures set forth in RCW 84.52.052 will continue to govern such excess levy propositions until the statute is amended by the legislature.