Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1966 NO. 77 >

Under § 1, chapter 162, Laws of 1965, Ex. Sess., the legislature has vested the state superintendent of public instruction with the discretionary authority to accelerate, upon petition of a school district, the distribution to it of appropriated state funds not to exceed five percent of the total amount to become due and apportionable to the petitioning district during its fiscal year, if he finds:  (1) The emergency situation described in the petition of the district warrants such an advance distribution; and (2) funds are available with which to make the advance distribution.

AGLO 1973 NO. 78 >

DISTRICTS ‑- PORT ‑- CITIES AND TOWNS ‑- JAILS ‑- DETENTION FACILITY ‑- CONSTRUCTION OF
 
A port district, acting either by itself or in concert with two cities within the corporate limits of which port facilities are located, does not have the power to construct a jail facility in which persons arrested for

AGLO 1974 NO. 78 >

Chapter 126, Laws of 1974, 1st Ex. Sess., does not authorize a board of fire commissioners to impose a service charge on real and personal property owned by the state or any county or other municipal corporation which is benefited by fire protection service offered by a fire protection district.

AGO 1966 NO. 79 >

 (1) Under § 3, chapter 49, Laws of 1965, Ex. Sess., a certificated employee of a school district who transfers to another district which has adopted a salary schedule based upon seniority and occupational status, must be granted a salary equal to that of a person of the same status and seniority in the district.  (2) The benefits guaranteed to a transferring teacher under § 3, chapter 49, Laws of 1965, Ex. Sess., may not be waived or relinquished.  (3) Chapter 49, Laws of 1965, operates prospectively only; therefore, a contract executed before the effective date of the act is not governed by the provisions of the new act.

 

AGO 1964 NO. 79 >

(1) The sums deposited to the credit of a school district under the authority of RCW 54.28.090 may become a part of the school district's general fund, building fund, or both. (2) Payments received by school districts under RCW 54.28.090 may only be considered receipts for the purpose of RCW 28.41.080 if they are in fact deposited in the school district's general fund.

AGLO 1974 NO. 80 >

The provisions of RCW 79.01.780 require a reversion to the state of the interest conveyed under either RCW 79.01.096 or 79.01.770 in the event the land thus acquired has not been utilized for a school site for that seven-year period immediately preceding a given annual determination by the board of natural resources ‑ regardless of whether or not the land may have earlier been so utilized for seven previous years.

AGO 1959 NO. 80 >

(1) The directors of a weed district are authorized to employ a weed inspector even though a weed supervisor may have been appointed for the weed extermination area by the county commissioners and the state director of agriculture.  (2) Where a weed district is located within a weed extermination area, the district has exclusive jurisdiction over the eradication of weeds within the district so long as it exercises its powers and functions.  (3) The duty of conducting a hearing to determine costs of eradication of weeds devolves upon the board of county commissioners and the director of the department of agriculture where the weed extermination area has assumed responsibility for eradication of weeds.  (4) and (5) It is necessary that there be a board of directors of the weed district even though there is also a weed extermination area, and the powers and duties of the directors are specified in chapter 17.04. RCW.

AGO 1966 NO. 80 >

A transfer of territory from one fire district to another under RCW 52.24.090 may be accomplished without an election if three‑fifths of all the qualified electors in the area to be transferred sign the petition to transfer and merge the territory as provided in RCW 52.24.100.

AGLO 1975 NO. 81 >

In order for attendance credit to be allowed to a school district for the attendance of a student under the age of 21 years who resides in another district, as provided for by § 2, chapter 66, Laws of 1975, 1st Ex. Sess., an agreement between the two school districts must first have been made in accordance with RCW 28A.58.240.

AGO 1959 NO. 82 >

(1) A municipality owns the fire station, equipment and real property (a) when the municipality annexes all or a portion of a fire protection district wherein such property is located; (b) when an area comprising a portion of a fire protection district wherein such property is located incorporates as a municipality; and (c) when a municipality, or portion thereof, wherein such property is located is excluded from a fire protection district pursuant to section 6, chapter 237, Laws of 1959.