Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1965 NO. 6 >

The board of directors of a first class school district may elect as its secretary under RCW 28.62.030 the same individual employed under RCW 28.62.180 (1) as superintendent of schools.

AGO 1990 NO. 6 >

1.  In Board of Estimate v. Morris the United States Supreme Court struck down a voting system in which borough presidents, who were voting members of the Board of Estimates, were elected by the voters of each borough and the boroughs varied greatly in population.  2. In San Juan County commissioners reside in commissioner districts that vary in population, however, the primary and general elections are conducted among voters of the county at large, not merely among the voters of the commissioner district.  The United States Supreme Court has approved such at large voting systems, even where the candidates were required to reside in districts that varied in population.  Board of Estimate v. Morris does not cast doubt on the validity of these decision. 3.  The United States Supreme Court has struck down at large voting systems on grounds that they impermissible diluted the electoral strength of racial or other political minorities in the at large district.  This is a factual question.  At present we are unaware of any facts tending to show this to be the case in San Juan County.

AGO 1984 NO. 6 >

Voter approval only constitutes a condition precedent to continuation of a port district tax levy under RCW 53.36.100, after the sixth year of the levy, in those instances where, in response to publication of the district's notice of intent to continue the levy, a sufficient petition in opposition thereto has been circulated and filed with the county auditor.

AGO 1983 NO. 6 >

In the event that the currently serving commissioners of a public hospital district by duly adopted resolution raise their own daily rate of compensation from $25 per day to $40 per day in accordance with RCW 70.44.050 as amended by § 14, chapter 84, Laws of 1982, those increases (as to each such commissioner) may not constitutionally take effect until the commencement of his or her next ensuing term of office.

AGO 1993 NO. 7 >

RCW 84.52.069(2) authorizes certain taxing districts to levy a regular property tax for emergency medical care and medical services.  RCW 84.55.010 establishes the 106 percent limit which is applicable to regular property tax levies.  The 106 percent limit applies to the emergency medical care levy after the first year.

AGLO 1977 NO. 7 >

The provisions of RCW 70.39.140 et seq., under which hospital rates and related matters are regulated by the state hospital commission, are applicable to hospitals maintained and operated by public hospital districts formed under chapter 70.44 RCW.

AGO 2002 NO. 7 >

1.  When the commissioners of public utility districts draw new commissioner districts after a decessional census, they must include in their plan all the territory within any city which did not, at the time the public utility district was organized, own or operate all of the utilities which a public utility district is authorized to furnish; it is immaterial whether such a city of such description was later incorporated.  2.  If the commissioner district boundaries submitted by a the board of a public utility district do not include all the territory of the public utility district in the districting plan, the public utility district board of commissioners has the authority, and the duty, to submit a new plan correcting this infirmity.

AGLO 1982 NO. 7 >

(1) RCW 54.24.018 does not apply to PUD contractual obligations not involving issuance, by the district, of its own bonds.(2) If a PUD issues bonds in order to fund a prior contractual liability, the provisions of Wash. Const., Article VIII, § 6 (but not Article VII, § 2 or Article VIII, § 7) would be applicable.

AGO 1995 NO. 7 >

A public utility district commissioner is entitled to receive only the compensation specified for the position in RCW 54.12.080, and is not entitled to any additional compensation for serving as president or secretary of the board of commissioners.

AGO 1968 NO. 7 >

(1) A person who is certificated as a school nurse by the state board of education under the Washington Administrative Code (WAC) 18-84-075 through 090, but who does not hold a certificate which will entitle her to be assigned to a teaching position as a certified teacher, is not a "certificated employee" for the purposes of chapter 143, Laws of 1965.(2) A school nurse, who is not employed in a supervisory capacity for a school district, and is not employed as a teacher, is not covered by the provisions of RCW 28.58.450 or RCW 28.67.070.