Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1970 NO. 145 >

You have asked for the opinion of this office on several questions concerning the pending proposal by the Washington state board against discrimination to adopt a policy and certain recommendations regarding clubs or fraternal organizations which exclude persons from membership because of race, creed, color or national origin.  Taking into account both your letter and a subsequent telephone conversation, your questions may be paraphrased as follows:  (1) Does the Washington state board against discrimination have the power to adopt an advisory policy and recommendations regarding clubs which exclude persons from membership because of race, creed, color or national origin?   (2) If so, does the board have the power to hold a hearing on whether to adopt such a policy and recommendations?  (3) If so, is it lawful to circulate a draft of the proposed policy and recommendations in advance of the hearing?

AGLO 1970 NO. 146 >

This is written in response to your request for our opinion on a question which we paraphrase as follows:  Under existing state law is a school district required, in contracting with its certificated employees, to include extracurricular duties within the basic contract (RCW 28A.67.070) ‑ or may the district, with the concurrence of the employee, use a supplemental contract for this purpose (RCW 28A.67.074)?

AGLO 1970 NO. 147 >

This is written in response to your recent letter requesting our opinion regarding the effect of the recent rejection of H.J.R. No. 42 upon the provisions of chapter 262, Laws of 1969, Ex. Sess. (House Bill No. 582).

AGLO 1970 NO. 148 >

We are in receipt of your recent letter requesting our opinion as to whether the state auditor has the power and/or the duty to audit and inspect the books of the Association of Washington Cities.

AGLO 1970 NO. 149 >

This is in response to your letter of October 22, 1970, in which you inquire as to the applicability of the state sales tax (and presumably a local sales tax, if a local sales tax has been enacted in the jurisdiction involved) to purchases of food by means of food stamps.

AGLO 1970 NO. 150 >

In a letter, previously acknowledged, you have requested the opinion of this office on three questions, substantially as follows:   (1) Can a volunteer fireman who was properly retired prior to effective date of chapter 118, Laws of 1969, but who was not yet drawing a retirement pension because of age, now elect to begin drawing a reduced pension at age 60 or age 62 if such age is attained after effective date of chapter 118, Laws of 1969?   (2) If the answer to question (1) is affirmative, can the retired volunteer fireman receive benefits from date of his eligibility or only from date he notifies the state of his election?   (3) Can a volunteer fireman, eligible to receive the maximum retirement pension payable, delay retirement for a year or more and then claim and receive benefits from the date of his eligibility when he does retire from active service?

AGLO 1970 NO. 151 >

By letter previously acknowledged you requested an opinion of this office on certain questions pertaining to the availability of emergency ambulance services in this state, as follows:   "1. Do statutes relating to cities and counties give these jurisdictions authority to guarantee the availabiliility [[availability]]of emergency ambulance service within their jurisdictions?  "2. May the State Board of Health require cities and counties to meet the provisions of Standard 11, Emergency Medical Services, of the Federal Highway Safety Bureau, as outlined above?"

AGLO 1970 NO. 152 >

This is written in response to your recent letter informing us that your county commissioners have asked for your advice on the following question:

AGLO 1970 NO. 153 >

This is written in response to your recent letter requesting our opinion as to whether there is any legal prohibition, statutory or otherwise, against the same person simultaneously serving as the police judge for a fourth class city and as a Democratic precinct committeeman.

AGLO 1970 NO. 154 >

This is written in response to your request for an opinion of this office on a question relating to the duties and responsibilities of the various county, city or district law enforcement and fire fighting agencies to provide police and fire protection during civil disturbances occurring on state‑owned premises, e.g., one of our state college or university campuses.  Specifically, you have asked whether any legal distinction is to be drawn, in terms of the extent of those duties, between civil disturbances occurring on such state‑owned premises and those occurring elsewhere within the territorial jurisdiction of the particular local government.