Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1969 NO. 8 >

The department of institutions presently has no authority, under the provisions of chapter 239, Laws of 1967 (chapter 39.34 RCW), or any other statute, to enter into a contract with a county for the temporary detention of county jail prisoners in any existing state correctional institution for convicted felons.

AGO 1992 NO. 8 >

RCW 41.04.190 provides that insurance benefits are not additional compensation for county elected officials.  RCW 41.04.190 does not apply to insurance benefits provided to water district commissioners pursuant to RCW 57.08.100.

AGLO 1980 NO. 8 >

Analysis and discussion of the effect of so much of § 90, chapter 270, Laws of 1979, 1st Ex. Sess., as appropriated $42,000 from the State Game Fund to defray legal costs associated with the construction and operation of a regulating structure stabilizing the level of water in Silver Lake.

AGLO 1978 NO. 8 >

RCW 41.14.030 does not prohibit a person from simultaneously serving as a county civil service commissioner and as a high school librarian.

 

AGLO 1975 NO. 8 >

(1) A vacancy in the office of county sheriff created by a resignation does not constitute an "incapacity" within the meaning of RCW 36.24.010 so as to require the county coroner to perform the duties of the sheriff until the vacancy is filled by the county commissioners. (2) If, upon the occurrence of a vacancy in the office of county sheriff, the superior court of the county were to appoint an acting sheriff under the provisions of RCW 36.28.090, its action would be entitled to a presumption of validity and even if ultimately established to be invalid, it would nevertheless establish the appointee as the defacto county sheriff.

AGO 1968 NO. 8 >

Where the public waters of a stream are "fully appropriated," a city may nevertheless acquire a permit from the department of water resources pursuant to the provisions of RCW 90.03.290 to appropriate and apply to a "nonconsumptive municipal use" a portion of said waters where (1) the proposed "nonconsumptive municipal use" would not impair existing rights or be detrimental to the public welfare, and (2) there are, in fact, waters in the stream which are available for appropriation for a beneficial use within the meaning of RCW 90.03.290.

AGLO 1979 NO. 8 >

House Bill No. 75, currently pending before the legislature, which (if enacted) would permit the voters of any noncharter county to increase the composition of their board of county commissioners from three to five members, would in all probability be unconstitutional in view of Article XI, §§ 4 and 5 of the Washington Constitution as heretofore

AGO 1967 NO. 9 >

The only positions which are outside the classified civil service in the sheriff's office of a first, second or third class county are the positions of sheriff and three principal positions comparable to undersheriff, a chief criminal deputy and a chief civil deputy; accordingly, the sheriff of such a county may not fill the position of jailer or head jailer by appointment outside the classified civil service except to the extent that he may designate himself, or his undersheriff, chief criminal deputy or chief civil deputy as jailer or head jailer.

AGO 1984 NO. 9 >

RCW 41.14.140 does not authorize, or empower, a county sheriff to fix the compensation of his deputies without regard to what the board of county commissioners might have determined.

AGO 1963 NO. 9 >

Where the offices of the city clerk and city attorney in a third class city have been made appointive by the city council, under the authority of RCW 35.24.020, the salary of the office holder may be increased or decreased after appointment.