Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1974 NO. 3 >

It is not a violation of Article VIII, §§ 5 or 7 of the state Constitution for the governor to proclaim a legal holiday in accordance with the authority granted to him in RCW 1.16.050.

AGO 1979 NO. 3 >

(1) The facilities of a state college or university may be used for a candidates' forum to which candidates for elective office would be invited on a nondiscriminatory basis to appear on campus to present their views and respond to questions from the audience, which forum would be sponsored by the student body or some other campus group and would involve no charge to the candidates for attendance or for use of the facilities.  (2) The facilities of a state college or university may be used for the conduct of a political party convention on campus provided that the political party involved actually rents the facilities from the college pursuant to a legitimate lease or rental agreement.  (3) A state college or university may allow student campus groups to sponsor meetings involving organizations such as the "Crab Shell Alliance" group opposing the Trident Base at Bangor and the "Greenpeace" group opposing nuclear power plants, utilizing the public facilities at the college as a forum for such organizations to espouse their beliefs.

AGO 1961 NO. 3 >

The board of county commissioners is not granted authority by RCW 36.32.120 or 67.20.010 to construct and operate a sports stadium or arena or to purchase on behalf of the county a major league professional sports franchise including but not limited to baseball and football.

AGLO 1982 NO. 3 >

The State Jail Commission may not suspend or withhold funding from a city or county for new jail construction or remodeling on the basis that the Commission has ordered closure of the existing jail facility of such city or county for failure to comply with mandatory state custodial care standards.

AGO 1983 NO. 3 >

Neither the common law doctrine of incompatible public offices nor any other state law precludes a person from simultaneously serving as a member of the council of a city or town proposing to be annexed by a fire protection district and as a paid or volunteer firefighter for the subject district.

AGO 1959 NO. 4 >

(1) The state accident fund, medical aid fund, reserve accident fund, state employees' retirement fund teachers' retirement pension reserve fund, volunteer firemen's relief and pension fund, and Washington state patrol retirement fund are not required by state constitution to be appropriated by the legislature prior to expenditure. (2)  The accident, reserve accident, and medical aid funds are subject to legislative appropriation by direction of the legislature. (3)  Moneys in the state employees' retirement, teachers' retirement pension reserve, volunteer firemen's relief and pension, and Washington state patrol funds, may be expended without legislative appropriation. (4)  The director of budget is authorized to provide information by which the budget will accurately reflect the amount of money appropriated by the legislature.

AGO 1969 NO. 4 >

(1) The water pollution control commission has the authority to establish water quality standards for waters of the state under RCW 90.48.035, including waters found in canals, drains, wasteways and reservoirs of irrigation and drainage systems located within the state.  (2) Persons who propose to discharge wastes of industrial and commercial operations into canals, drains, wasteways or reservoirs or irrigation and drainage systems are required by RCW 90.48.160 to obtain a waste discharge permit prior to such a discharge.

AGO 1984 NO. 4 >

In view of specific language in § 75, chapter 46, Laws of 1983, 1st ex. Sess., neither the Department of Fisheries nor the Department of Game may now deny, or condition, a hydraulic permit applied for under RCW 75.20.100 on the nonstatutory ground that the project, or other work involved‑-for which the permit is sought‑-would physically conflict with the taking of fish or shellfish.

AGO 1965 NO. 4 >

If an assessor has good reason to believe that there may be an error in the tax rolls which would result in certain property being assessed at other than its true and fair value, he has the authority and a duty to determine whether an error does exist, and if so, to take whatever corrective measures that are necessary.

AGO 1995 NO. 4 >

1.  RCW 3.50.055, enacted in 1993 but effective January 1, 1995, requires certain municipal court judgeships to be filled by election as vacancies occur after January 1, 1995:  that is, any new positions created or vacancies occurring in existing positions (if they are covered by RCW 3.50.055) must be filled by election for the remainder of the current term, while duly appointed judges serving terms scheduled to end on January 1, 1998 may complete their current terms, but their successors will be chosen by election.  2.  RCW 3.50.055 was not intended to change the term for which municipal court judges serve; pursuant to RCW 3.50.040 and 3.50.050, all municipal court judges serve four-year terms beginning on January 1, 1986, and every four years thereafter.