Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1973 NO. 20 >

(1) Chapter 88, Laws of 1973, Ex. Sess., authorizes the legislative authorities of all classes of counties to increase or decrease the salaries of those county officers whose salaries are fixed by its provisions. (2) Under Article XXX, § 1 (Amendment 54) of the state Constitution, prohibiting mid-term salary increases for elective and appointive officers who fix their own compensation, a board of county commissioners or other legislative authority may not grant a mid-term increase in compensation to its own members under chapter 88, Laws of 1973, Ex. Sess. (3) A board of county commissioners or other legislative authority exercising the powers granted by chapter 88, Laws of 1973, Ex. Sess., is effectively authorized by this chapter to fix the salaries of its other elective officials at or above their current levels by an ordinance adopted prior to January 1, 1974, but it may not reduce any of those salaries below those levels. (4) After January 1, 1974, a board of county commissioners or other county legislative authority which by inaction has simply allowed the new salary levels fixed by the legislature to take effect most likely will not be able then to roll those salaries back to their prior levels in the case of any county elective officials then serving ‑ except on a basis which will cause those salary decreases not to take effect until the commencement of the next ensuing terms of the respective county officers.

AGO 1969 NO. 20 >

The requirement in RCW 36.17.020, as amended by § 1, chapter 226, Laws of 1969, Ex. Sess., that "one half the salary of each prosecuting attorney shall be paid by the state" does not impose an obligation upon the state to make one half of the employer's required payments for state retirement and social security coverage for such prosecuting attorneys as are participating in these retirement programs.

AGLO 1975 NO. 21 >

Those state senators elected in 1972 for four-year terms ending in January, 1977, will not be eligible to receive the pay increases provided for by Initiative No. 282 until the commencement of their next ensuing terms of office in 1977.

AGLO 1977 NO. 23 >

(1) The provisions of Article II, § 13 of the state constitution would not prevent an incumbent state representative elected in November of 1976 from being appointed or elected to the state senate for the remainder of an unexpired term regardless of whether or not a salary increase bill is enacted by the legislature at its current session since any such increase could not constitutionally take effect until the commencement of a new term of office.

(2) The filing fee to be paid under RCW 29.18.050 by a candidate seeking election to the state senate from the 33rd district for the remainder of the current unexpired term will be $38.00.

AGO 1973 NO. 25 >

(1) The board of directors of a public school district in this state is required by existing law to adopt an annual salary schedule for all of its certificated employees within the meaning of RCW 28A.67.066; it is not, however, so required by any specific statute to adopt official policies with regard to (a) the maximum number of students in a classroom; (b) the number of elementary specialists to be used in connection with such subjects as physical education and music; (c) secondary planning periods; or (d) a schedule calendar.  (2) The provisions of the "professional negotiations act" for school district certificated personnel (chapter 28A.72 RCW) permit but do not require the board of directors of a school district (or a committee thereof) to "meet, confer and negotiate" with the representatives of a duly designated employee organization as to proposed school policies initiated by that organization rather than by the board itself, except where those proposals are submitted by the employee organization as counterproposals during the course of pending negotiations on school policies initially proposed to be adopted by the board.

AGLO 1975 NO. 36 >

Under Article II, § 25 (Amendment 35) of the state constitution, a retroactive pay increase for college and university classified employees would be unconstitutional; however, the higher education personnel board may implement § 2, chapter 9, Laws of 1975 by providing for pay raises to take effect as of March 1, 1975, for those personnel still employed in the positions covered on and after the date of the board's action granting the raises.

AGLO 1978 NO. 38 >

A payroll deduction authorization submitted by a state officer or employee for the payment of accident and casualty insurance premiums would not be in compliance with RCW 41.04.230(7) if the authorization were indefinite as to the amount to be deducted or not capable of being determined with reference to a set schedule.

AGLO 1976 NO. 39 >

Answers several questions pertaining to the average 5% salary increase provided for by § 6(3), chapter 133, Laws of 1975-76, 2nd Ex. Sess., for community college and other educational employees.

AGLO 1973 NO. 57 >

A proposal to amend House Bill No. 1054 at the September legislative session so as to cause the terminal leave benefits provided for therein to be applicable, retroactively, to employees previously terminated by reason of the state facility to be closed would be unconstitutional.

AGLO 1973 NO. 66 >

Under RCW 28A.58.100 (2) (f), which states that accumulated sick leave to a maximum of forty-five days shall be creditable as service rendered for the purpose of determining the time at which a school district employee is eligible to retire, an employee utilizing this accumulated sick leave for that purpose is to receive no other compensation.