Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1969 NO. 24 >

(1) A public utility district is authorized to construct, operate and maintain an irrigation water distribution system for the purpose of reclaiming lands for agricultural uses. (2) A port district is not authorized to construct, operate and maintain an irrigation water distribution system for the purpose of reclaiming lands for agricultural uses. (3) Moneys in the state reclamation revolving fund may be expended to purchase bonds of a public utility district which are issued by the district for the purpose of financing an irrigation project designed to reclaim arid waste lands for agricultural uses, upon approval of the particular reclamation project by the director of the department of water resources. (4) The director of the department of water resources may loan moneys from the reclamation revolving fund to an irrigation district to be used to finance the development of final engineering plans for an irrigation project of said district.

AGO 1974 NO. 24 >


A fire protection district which has, by resolution, established a civil service program for its full-time paid firemen under RCW 52.36.060 may not later rescind that resolution and abolish such program in the absence of specific statutory authorization.

AGO 1968 NO. 24 >

When a student enrolled in a public school is being transported to and/or from school at the commencement or end of the school day by his parent, or some other person at the direction of the parent (e.g., either because the particular school district does not provide transportation or because the parent prefers to transport the child himself) neither the school district nor its employees can be regarded as having assumed and exercised control over the transportation so as to incur any liability in case of injury to the student.

AGO 1967 NO. 24 >

(1) Under the provisions of RCW 28.58.100 (15), a school district employee does not accumulate sick leave while on a sabbatical leave or a leave of absence unless the particular school district has made provision to the contrary in its regulation governing sick leave. (2a) When a school district employee is granted a sabbatical leave or a leave of absence, he retains such sick leave benefits as he had accumulated prior to his departure so long as he returns to the district at the end of the period of his authorized leave. (2b) When a school district employee severs his employment relationship, as through retirement or separation, he has no right to be recredited with sick leave accumulated prior to his retirement or separation unless the school district has adopted a rule or regulation providing for such recrediting. (3) When a school district employee, upon completion of an authorized period on sabbatical leave or leave of absence, transfers employment from the school district which granted him the leave to another school district within the state, he retains the same accumulated sick leave benefits that he had in his previous position to the extent provided for in RCW 28.67.076; however, where a school district employee has retired or otherwise separated from employment with one school district and at some later time enters the employment of another school district, under circumstances which cannot be characterized as a transfer of employment from one school district to another, he does not retain the sick leave benefits which he had accumulated in his previous position.

AGO 1961 NO. 24 >

A school district calling for bids prior to letting a contract can specify an item by brand name or name of manufacturer without an additional clause inviting bids on similar items of equal quality and serviceability if the public officials have not drafted the specifications arbitrarily and capriciously and are acting in good faith.

AGO 1991 NO. 25 >

1.  RCW 87.06.100(4) provides that when an irrigation district sells property acquired in a foreclosure proceeding, it shall not provide a deed to the purchaser until various outstanding taxes and assessments are paid.  These various taxes and assessments must be paid even if they exceed the market value of the property.  2.  If a county sells property acquired at a foreclosure proceeding, the distribution of the proceeds of sale is governed by RCW 84.64.230.  An irrigation district is entitled to a share of the proceeds of sale under RCW 84.64.230 because the irrigation district lien established by RCW 87.03.265 is of equal rank with the lien for general taxes established by RCW 84.60.010.  3.  RCW 84.64.230 provides that no claim shall be allowed against the county on property acquired by the county by tax deed in a foreclosure proceeding.  Thus, an irrigation district cannot foreclose its lien on tax deed property held by the county.                                     

AGO 1973 NO. 25 >

(1) The board of directors of a public school district in this state is required by existing law to adopt an annual salary schedule for all of its certificated employees within the meaning of RCW 28A.67.066; it is not, however, so required by any specific statute to adopt official policies with regard to (a) the maximum number of students in a classroom; (b) the number of elementary specialists to be used in connection with such subjects as physical education and music; (c) secondary planning periods; or (d) a schedule calendar.  (2) The provisions of the "professional negotiations act" for school district certificated personnel (chapter 28A.72 RCW) permit but do not require the board of directors of a school district (or a committee thereof) to "meet, confer and negotiate" with the representatives of a duly designated employee organization as to proposed school policies initiated by that organization rather than by the board itself, except where those proposals are submitted by the employee organization as counterproposals during the course of pending negotiations on school policies initially proposed to be adopted by the board.

AGO 1975 NO. 25 >

Under RCW 29.13.050, which has impliedly amended the preexisting provisions of RCW 57.12.030, the term of office of a water district commissioner elected on the first Tuesday following the first Monday in November of an odd-numbered year is to begin as of noon on the second Monday in January following his election.

AGO 1959 NO. 25 >

(1)  Term of office of a duly elected and qualified school district director is not affected by the reorganization of the district which changes the boundary lines of the director district so as to eliminate his director district. (2)  The director from the eliminated director district is legally qualified to hold his office until the expiration of the full term for which he was elected.

AGO 1967 NO. 25 >

A board of commissioners of a water district may, in its resolution authorizing the investment of surplus funds in a bank or savings and loan association, direct the county treasurer, as agent for the water district, to invest the funds in a specific bank or association designated in the resolution.