Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1976 NO. 26 >

RCW 28A.58.730 does not permit a school district to require its employees to participate in a direct deposit payroll program established thereunder.

AGO 1967 NO. 27 >

(1) The salary improvements contemplated by the appropriation contained in chapter 143, Laws of 1967, Ex. Sess., for salary improvements for school district employees are not to be limited to only those personnel employed by a school district in 1966-67 who return to the same district for the 196768 school year. (2) The phrase "average level for 1966-67," as used in the appropriation act, refers to the average level for each school district and not to the state wide [[statewide]] average salary level. (3) In determining the average salary level for 1966-67 for a given school district, for purposes of providing salary improvements in accordance with the appropriation act, the district may, but is not required to, calculate separate averages for various classes or categories of school employees. (4) Both the seven percent factor and the five percent factor contained in the appropriation act are to be applied against the "average level for 1966-67." (5) Where a school district provides an average salary improvement of more than seven percent during 1967-68, it need not add an additional five percent for 1968-69, so long as the average level for 1968-69 is at least twelve percent in excess of the 1966-67 average. (6) All that is contemplated by the appropriation act is that school districts shall provide salary improvements for all district personnel in average amounts of seven percent in 1967-68, and an additional five percent in 1968-69, over the average level for 1966-67 (exclusive of adjustments made pursuant to chapter 4, Laws of 1967); therefore, ordinary annual increment raises provided by a given district remain an appropriate subject for local negotiation and may or may not be granted in addition to the salary improvements funded by the appropriation.

AGO 1972 NO. 27 >

(1) Where a public utility district commissioner ceases to be a resident and qualified voter of the commissioner district in which he resided and voted at the time of his election as a consequence of his voluntary removal of his place of residence from one such commissioner district to another, his office is not deemed to have been vacated. (2) Where, as a consequence of the realignment of public utility district commissioner district boundaries under RCW 54.12.010, a duly elected commissioner of a public utility district ceases to be a resident and qualified voter of the commissioner district in which he resided and voted at the time of his election, his office is not deemed to have become vacant.

AGO 1970 NO. 28 >

Congressional and legislative redistricting plans to be completed prior to 1972 general election; may be enacted by referendum bill; continuation of 99 member house of representatives may be justified; some house districts may be multi-member while others are single member, where rational pattern is followed; population deviations not allowable on a "de minimis" basis; burden upon legislature to justify population variations; the ability of the legislature to draw lines which adhere to county boundaries appears to be very limited; redistricting of military bases related to registered voters.

AGLO 1978 NO. 29 >

(1) The 106% statutory limit on ad valorem property taxes established by RCW 84.55.010, et seq., is applicable to a tax levy imposed by a port district under RCW 53.36.020.

(2) Because of the applicability of RCW 84.55.010, et seq., to such port district property taxes, a newly formed port district will be unable to levy any property taxes under RCW 53.36.020 without first obtaining voter approval in accordance with RCW 84.55.050.

(3) Port district property tax levies are not subject to the 1% constitutional limitation contained in Article VII, § 2 of the state constitution, as amended, and for that reason they are not subject to any of the related statutory limitations contained in chapter 84.52 RCW.

AGO 1968 NO. 30 >

Where the board of directors of a school district, by appropriate resolution, calls a special election for submission to the voters of a proposition to levy ad valorem property taxes in excess of the constitutional forty mill limit, and presents this resolution to the county auditor at least forty-five days prior to the election date specified therein, it is not necessary for the auditor to find the existence of an emergency in order to hold the election on the date fixed by the school board.

AGO 1991 NO. 30 >

1.   Service must provide notice reasonably calculated to inform interested parties of proceedings which may directly and adversely affect t heir legally protected interests.  Notice by publication and posting is adequate where the name and address of the owner are not known or cannot be discovered by a governmental entity with a minimal effort.  Whether any particular service is adequate is a factual question that cannot be resolved in an Attorney General's Opinion.   2.  An irrigation district cannot include reasonable attorney fees or statutory attorney fees in a certificate of delinquency or as part of the amount that must be paid to redeem the property.   3.   RCW 87.06.100(1) provides that an entity buying property at a foreclosure sale must pay the full amount of all property taxes and certain other taxes before receiving a deed from the irrigation district.  RCW 87.06.070 provides that the court shall specify the minimum sales price below which the property shall not be sold.  While there is no statutory requirement that the minimum sales price set by the court included the full amount of all property taxes and other taxes, the effect of these two statutes is that the district cannot provide a deed unless the taxes specified in the statute are paid.   4.  RCW 87.06.050 provides that any party in interest of property for which a certificate of delinquency has been prepared may redeem the property as provided by the statutes.  RCW 87.06.010(4) defines party in interest as an occupant of the property, the owner of record, and any other person having a financial interest of record in the property.

AGLO 1974 NO. 31 >

Where a school district has entered into a supplemental contract with a certificated employee to serve as high school principal and athletic coach, as provided for in RCW 28A.67.074, the district may not terminate that individual's employment as principal and coach during the term of such contract without compliance with RCW 28A.58.450; it may, however, elect not to renew the contract without compliance with RCW 28A.67.070.

AGLO 1978 NO. 31 >

Under the provisions of RCW 56.02.100 and related statutes, only persons who own land within a sewer district which proposes to merge with an irrigation district in which it is contained will be qualified to vote on the question; however, this requirement could be subject to a possible constitutional challenge.

AGLO 1975 NO. 31 >

Under RCW 57.08.105, the board of commissioners of a water district is authorized to purchase liability insurance to protect its own members against liability for personal or bodily injuries and property damage arising from their acts or omissions while performing or in good faith purporting to perform their official duties.