Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1977 NO. 20 >

(1) A proposition for financing a proposed park and recreation district under chapter 36.69 RCW may not be placed on the ballot at the same time as an election held on the question of formation of such a district.

(2) The formation of a park and recreation district under chapter 36.69 RCW is not subject to the jurisdiction of a county boundary review board under chapter 36.93 RCW.

(3) Formation of a park and recreation district, by itself, would not affect the administration of preexisting county parks.

AGO 1972 NO. 21 >

In authorizing its county treasurer to invest surplus port district funds in qualified investments under RCW 36.29.020, the board of commissioners of a port district has the authority to designate the specific qualified financial institution or institutions in which such funds are to be invested.

AGO 1978 NO. 21 >

(1) Where the boards of directors of two or more public school districts have formed a joint purchasing agency, as authorized by RCW 28A.58.107(3), and that joint purchasing agency itself complies with the bidding requirements of RCW 28A.58.135 in so doing, the agency may then acquire and maintain an inventory of supplies from which the participating school districts may draw without also individually calling for bids as provided for in RCW 28A.58.135.   (2) A joint purchasing agency formed pursuant to RCW 28A.58.107(3) may also act as a purchasing agent for private schools within its general geographic area.   (3) Although a public school district may, alternatively, use the services of a purchasing agent which was not created pursuant to RCW 28A.58.107(3) to acquire supplies and materials, in that event either the district or its agent must comply with the bidding requirements of RCW 28A.58.135.

AGLO 1978 NO. 21 >

Properly interpreted, the provisions of WAC 180-16-205(4)(b) constitute a legally defensible administrative regulation of the state board of education in implementation of the requirement of RCW 28A.41.140 that annual average full time equivalent classroom teacher's direct classroom contact hours shall be at least twenty-five hours per week.

AGO 1975 NO. 21 >

(1) Within the unincorporated areas of a county which are served by a fire protection district, the uniform fire code, as adopted pursuant to chapter 19.27 RCW, requires the fire chief and the department of that district to perform each of the administrative and enforcement functions listed in § 1.201 thereof, together with such other functions as are required, under the heading of "Administration" in Division II of the code, to be performed by the "Fire Chief" or "Fire Department."  (2) A county, however, in the exercise of its authority under RCW 19.27.040 to amend the various component parts of the state building code in certain respects, may alter the manner in which the uniform fire code is administered within any or all of its unincorporated areas through the adoption of an amendment to that code designating some other official as the "Fire Chief" for the purpose of administering and enforcing its provisions.

AGO 1977 NO. 21 >

A person holding a contract for the purchase of land situated within a diking district established pursuant to Chapter 85.05 RCW is thereby to be deemed an owner of land within such district for the purpose of determining his eligibility to vote in a diking district election in accordance with RCW 85.05.050.

AGO 1965 NO. 21 >

School districts coming into the state employees' retirement system under the provisions of § 1, chapter 84, Laws of 1965 (RCW 41.40.410), will be required to make an employers' contribution to the retirement system fund for past services rendered by their eligible noncertificated employees since April 1, 1949.  However, this financial obligation may be spread over a fifteen-year period from the date of the employers' admission to the retirement system.

AGO 1974 NO. 21 >

(1) Some form of official action by the board of directors of a school district is required in order to authorize the district to engage in interscholastic athletic events as a part of its over-all educational program for which district funds are expended. (2) Where a school district, at district expense, provides an athletic stadium and the various kinds of uniforms and equipment used in interscholastic athletic competition, and pays coaches' salaries, the district may charge an admission fee for attendance at athletic events by nonstudent school patrons; and it may bind itself contractually to sell reserved seat season tickets to its athletic events for several years in advance, subject to the applicable principles of law concerning the power of public officials to bind their successors in office. (3) When the board of directors of a school district has by appropriate action authorized the expenditure of school district funds for interscholastic athletic activities, and such activities have been paid for in whole or in part out of the district's general operating funds, the directors may not permit the district's student body association to keep and utilize such gate receipts as it derives from these activities without accounting for them or reimbursing the school district funds thus expended. (4) A school district, in lieu of purchasing athletic uniforms and equipment out of its general operating funds in accordance with AGO 1973 No. 22 [[to Elmer W. Stanley, Executive Director, Washington State School Directors' Association on October 30, 1973]], may continue to purchase those items with its student body funds.

AGO 1992 NO. 21 >

1.  RCW 54.12.080(4) provides that any public utility district providing group insurance for its employees may provide its commissioners with the same insurance coverage.  In this circumstance, public utility district commissioners may receive insurance as part of their compensation. 2.  Article 2, section 25 (amend. 35) of the Washington Constitution provides that the compensation of a public officer shall not be increased during his or her term of office.  Article 30, section 1 of the Washington Constitution permits mid-term compensation increases only for public officers who do not fix their own compensation. Accordingly, public utility districts may decide to purchase life insurance policies for their commissioners, but may not actually provide the policies until the next terms of the respective commissioners' offices begin.