Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1981 NO. 18 >

The term "public records," as defined in RCW 40.14.010, includes machine readable records, i.e., records on computer magnetic tapes, disc storage files, punch cards and other machine readable media.

AGO 1981 NO. 18 >

(1) The State Board for Community College Education has the authority, under RCW 28B.50.090, to (a) specify the number of days in an academic year or quarter in which instruction must be offered by each of the various community colleges; (b) define the number of hours of instruction that must be provided as the basis for counting a unit of academic credit for state funding purposes; (c) prescribe the maximum number of academic credit units per each particular class that are allowed to be counted for a particular degree or certificate by students enrolled in the various courses offered by the community colleges; and (d) designate a class or course involving students who are repeating a course previously completed and reduce a college's state funded enrollment count by such repeat enrollments.(2) The State Board for Community College Education does not have the authority, under RCW 28B.50.090, to (a) change the academic year for all community colleges from a quarter plan to a semester or a trimester plan; or (b) establish a minimum number of days of compensable service to be rendered by faculty and administrators employed by the community colleges.(3) To the extent that the State Board for Community College Education determines that accomplishment of the goals described in RCW 28B.50.090(3) requires either or both of those courses of action, the College Board may (a) direct a particular community college to alter its mix of courses in a manner that would make its overall curriculum more comprehensive; and (b) direct a particular community college to terminate a given course or program either because it is deemed to be unproductive (i.e., low enrollment or few completions) or because such termination would enhance the comprehensiveness of the total curriculum.

AGLO 1973 NO. 18 >

Certificates of indebtedness, as that term is used in Article VIII, § 1 (j) of the Washington State Constitution, as amended by H.J.R. No. 52, may be issued pursuant to the authority granted the state finance committee in chapter 184, Laws of 1971, 1st Ex. Sess., without the enactment of additional legislation.

AGLO 1976 NO. 18 >

To the extent that the planning functions of the council for postsecondary education are funded under § 1202 of the federal higher education act amendments of 1972 (Public Law 92-318), all members of the council are entitled to vote in accordance with RCW 28B.80.200.

AGO 1972 NO. 18 >

(1) The Washington state liquor control board probably does not possess the requisite authority, under existing statutes, to adopt and enforce a regulation disqualifying from class H licensure those private clubs which are governed by a written constitution, bylaw or house rule excluding persons from membership or use of the club's facilities because of race, creed, color or national origin. (2) The legislature may constitutionally grant to the liquor control board the requisite statutory authority to adopt such a regulation.

AGLO 1978 NO. 18 >

(1) Indian tribal police officers do not constitute "law enforcement personnel" for the purposes of chapter 43.101 RCW so as to require the Washington Criminal Justice Training Commission to provide them with open access to its basic law enforcement training programs without charge unless they have also been cross-commissioned or deputized as city police officers or deputy county sheriffs.

(2) The Washington Criminal Justice Training Commission may, however, in its discretion enter into an interlocal cooperation agreement under chapter 39.34 RCW with a federally-recognized Indian tribe to provide law enforcement training to tribal police personnel.

AGLO 1977 NO. 18 >

Discussion of the circumstances under which the department of social and health services is either required or authorized to provide next friend and preplacement reports in connection with proceedings for adoption of child; authority of the department to charge a fee for such services.

AGLO 1974 NO. 18 >

The representative of a county who is to be appointed to the thermal power plant site evaluation council under RCW 80.50.030(4) whenever an application for a proposed thermal power plant site within the county is filed with the council is required to be a member of the legislative authority of the county.

AGO 1981 NO. 19 >

State agencies which contract for architectural and engineering services pursuant to chapter 61, Laws of 1981 are not thereby exempt from filing such contracts with the Office of Financial Management under the provisions of chapter 39.29 RCW.

AGLO 1973 NO. 19 >

When the department of natural resources sells, transfers or exchanges state, tide or shore lands to another governmental agency under the provisions of RCW 39.33.010, the contract of sale and deed does not have to contain the reservations of mineral rights set out in RCW 79.01.224.