Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1994 NO. 13 >

1.  Neither house of the Washington State Legislature has authority to adopt a rule or a policy on mailings by legislators at public expense which would supersede the provisions of RCW 42.17.132, a statute on the same subject.  2.  The language in RCW 42.17.132 generally limiting legislators at certain times to mailings to constituents "in direct response to . . . [a] request" does not require that the request be explicit, but requires some evidence that the addressees of a legislative communication had shown an interest in the legislator's view on the subject, or in obtaining other relevant information.

AGO 1994 NO. 15 >

1.  Current law requires county treasurers to remit to the state treasurer 46 percent of all superior court filing fees covered by RCW 36.18.020 before calculating any amounts due to the county or regional law library fund.  2.  After remitting the state's share of superior court filing fees to the state treasurer, county treasurers are required by RCW 27.24.070 to deposit an amount in the county or regional law library fund equal to $12 times the number of civil or probate fees paid in connection with the filing of a new matter.

AGO 1988 NO. 18 >

In distributing funds for water pollution control projects under chapter 70.146 RCW (Water Pollution Control Facilities Financing), the Department of Ecology is required to distribute funds according to percentages set forth in RCW 70.146.060, those percentages to be applied to the total amount distributed over an eight-year period, but the Department is not required to stay within those percentages in any given fiscal year (except as to a percentage statutorily set aside for the State Conservation Commission).

AGO 1988 NO. 26 >

1.When RCW 39.59.020(4) authorizes municipal treasurers to invest in " . . . any investments authorized by law for the treasurer of the state of Washington ..." and the state treasurer is authorized by law to invest in commercial paper by RCW 43.84.080(7) but only to the extent consistent with the policy of the State Investment Board, the legal limitations on the state and on municipal treasurers are confined to formally adopted policies of the State Investment Board, and neither the state nor municipal treasurers are bound by State Investment Board policies which are informal or unwritten.2.A municipal treasurer may not lawfully delegate authority to redeem warrants to a banking institution or other party outside the treasurer's office.3.A municipal treasurer may lawfully secure a line of credit for warrant redemption with a bank, to the extent permitted by RCW 39.58.170.4.A municipal treasurer may in certain circumstances secure a letter of credit from a bank for warrant redemption purposes, but only to guarantee payment of warrants the treasurer is statutorily authorized to pay.5.A letter or line of credit is a contingent liability and does not constitute a borrowing by a municipal corporation for purposes of applying constitutional or statutory debt or borrowing limitations; the borrowing occurs if the letter of line of credit is actually drawn down.

AGO 1991 NO. 29 >

1.  There is a proposal by a county to establish a sick leave bank.  Under the proposal employees who have accrued vacation leave or sick leave may donate the leave to the sick leave bank.  In the event of catastrophic illness or injury, employees who have exhausted their vacation leave and sick leave may apply to the sick leave bank for additional leave.  Article 8, section 7 of the Washington Constitution prohibits gifts of public funds.  The proposal is not a gift by the county.  There is consideration to the county since the donating employees performed service in order to accrue the donated leave.  There is donative intent on the part of the donating employee, not the county.   2.  Under RCW 41.40.010(8)(a), (b), vacation leave and sick leave donated to the sick leave bank are not compensation earnable of the employee making the donation.  Although the employee accrues the leave, he or she is never paid for it.  3.  Under RCW 41.40.010(8)(a), (b), leave paid from the sick leave bank is not compensation earnable.  Although the employee receives payments from the sick leave bank, the payments are not made in return for services to the county by the receiving employee.  The leave was accrued as a result of services performed by the donating employee.

AGLO 1976 NO. 38 >

(1) The limitation in RCW 39.58.130 upon public deposits with a particular bank or trust company applies to all funds, in the aggregate, deposited by a county treasurer rather than separately to the funds of each municipality served by such treasurer. (2) The protections of chapter 39.58 RCW extend to all public funds on deposit with qualified depositaries irrespective of the limitations of RCW 39.58.130 and without regard to the reasons attributable to the violation of the statutory restriction.

AGO 1953 NO. 507 >

It is not illegal for the executive secretary of the Washington State Association of County Commissioners to act as a lobbyist during legislative sessions, notwithstanding the fact that his salary is paid from public funds.