Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1996 NO. 7 >

RCW 35.13.360 through .400 do not entitle sheriff's employees to transfer to the police department of a city which, having incorporated prior to the effective date of those statutes, but having contracted with the county for law enforcement services for several years, then (subsequent to the enactment of the statutes) forms its own police department.

AGO 1998 NO. 7 >

1.  When an air pollution control authority is comprised of a single county, the member representing the largest city in the county is not required to be an elected official or an employee of the city. 2.  When an air pollution control authority is comprised of a single county, the city selection committee is not obligated to select, as the representative on the authority of the largest city in the county, a person nominated or designated by the city's mayor or city council.

AGO 2000 NO. 8 >

1.  A code city may contract with a nongovernmental entity for the construction of a jail for the city.  2.  A code city lacks authority to enter into an operating lease agreement for a city jail with a nongovernmental entity.  3.  A code city lacks authority to contract with a nongovernmental entity to provide overall management or law enforcement services in a city jail; however, the city may contract with a private entity for other jail-related services.

AGO 1955 NO. 8 >

1. The state does not own and has no interest in rents that do, and insurance proceeds that may, accrue from a dock built by a first class city on a public place in a harbor area.  2. First class city may pay expenses of maintenance, repair and insurance on a municipal dock.

AGO 1984 NO. 8 >

(1) A county boundary review board has jurisdiction over a proposal to consolidate a city located within the county with other cities in an adjacent county; however, the only issue which should be deemed to be before the board is whether that city should be included in the proposed new municipality. (2) The provisions of chapter 43.21C RCW, the State Environmental Policy Act (SEPA), are applicable to any review undertaken of such a consolidation proposal by the boundary review board.

AGO 1970 NO. 8 >

(1) The legislature has not granted the powers of initiative and referendum to the resident voters of a noncharter code city having a population of less than ten thousand inhabitants operating under the mayor-council form of government.(2) However, the legislature may, by the enactment of appropriate amendments to the optional municipal code, grant the powers of initiative and referendum to the resident voters of such a noncharter code city.(3) In the absence of legislation granting the powers of initiative and referendum to the resident voters of a noncharter code city operating under the mayor-council form of government, the city council of such a city may not grant these powers by ordinance.

AGO 1967 NO. 8 >

The annexation of unincorporated territory by a city or town would not abrogate a franchise previously granted by a board of county commissioners to a private water company operating solely within the unincorporated territory.

AGO 1993 NO. 8 >

1.  Article 8, sections 5 and 7, and article 12, section 9 of the Washington Constitution prohibit gifts or loans of public money or credit and the acquisition of interests in private stocks or bonds. 2.  RCW 43.84.080(7) authorizes the state treasurer, under certain circumstances, to invest public funds in commercial paper.  RCW 39.59.020 empowers local governments to make investments authorized by law for the state treasurer. 3.  Under article 8, sections 5 and 7, and article 12, section 9 of the Washington Constitution, state and local governments can invest in commercial paper purchased on the secondary market.

AGLO 1982 NO. 8 >

(1) The residents of the Town of McCleary who are registered voters therein remain entitled (under the facts of this opinion) to participate in the election of Grays Harbor Public Utility District No. 1 commissioners even though the town operates its own electrical system. (2) Property situated within the Town of McCleary may not be taxed to construct, purchase or support the public utility district's electrical system, so long as the town continues to own or operate its own electrical utility.

AGLO 1973 NO. 8 >

Where a noncharter code city which has been operating as such for more than one year but less than six has been authorized by its voters in accordance with RCW 26A.06.030 to change its plan of government from mayor-council plan under which it has previously been operating to the council-manager plan authorized by chapter 35A.13 RCW, such city may not utliize the provisions of RCW 35A.02.050 so as to cause the new officers prescribed by this new plan to be elected at a special election to be conducted prior to the city's next general election, even when an approval of the change is obtained more than 180 days prior to the city's next general election.