Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1986 NO. 3 >

In an appeal to the State Board of Tax Appeals from a county board of equalization, the presumption of correctness established by RCW 84.40.0301 in valuation of property for taxation applies to the determination of the assessor, not that of the board of equalization.

AGLO 1976 NO. 3 >

Impact upon residents of incorporated cities and towns, and upon the governing bodies thereof, of a decision by the county within which they are located to impose a local sales and use tax under RCW 82.14.030.

AGO 1976 NO. 3 >

(1) Neither the state public disclosure law (chapter 42.17 RCW) nor any other statute prohibits or restricts a municipal corporation or political subdivision from employing a lobbyist to be registered as such in accordance with RCW 42.17.150; however, such a person may only be employed pursuant to specific legal authority to expend municipal funds for lobbying purposes ‑ either in the form of a state statute or, in the case of a first class or other charter city, code city or charter county, appropriate local legislation.  (2) Only a municipal corporation or political subdivision which is thus authorized to expend its funds for lobbying purposes may, in turn, authorize its officers or employees to appear and testify at municipal expense before a committee of the legislature in support of or opposition to proposed or pending legislation.  (3) Nothing in the state public disclosure law (chapter 42.17 RCW) purports to restrict the ability of any committee or member of the state legislature to seek information or opinions from officers or employees of a municipal corporation or political subdivision.

AGO 1998 NO. 3 >

A Public Transportation Benefit Area (PTBA) may contract with a city, town, or county whose jurisdiction includes territory served by the PTBA for the use of PTBA funds to pay for, or contribute toward the cost of , construction projects in public rights of way which will provide a tangible and accountable benefit for improving, enhancing or extending or extending the PTBA's public transportation services.

AGO 1998 NO. 4 >

The Growth Management Act does not obligate a county to require the replatting or resubdivision of lands in the county which are outside any urban growth area and which were platted before 1937, but allows local flexibility in applying GMA standards to such lands.

AGO 2004 NO. 4 >

1.  A county sheriff, as supervisor of the county jail, is required to accept arrestees presented at the jail for booking and housing pending disposition of charges, whether the arrestees are presented by county officers, by state patrol officers, or by other state employees with criminal law enforcement responsibilities.     2.  The county sheriff does not have authority to (1) limit the hours during which the county jail will accept arrestees presented for booking by state officers, or (2) limit the number of arrestees that can be presented during a stated time period.  3.  RCW 43.135.060 does not require the state to reimburse counties for the cost of booking or housing arrestees presented at the county jail by state patrol officers or other state employees, since this practice is neither a “new program” nor an “expansion of an existing program.”

AGO 2010 NO. 4 >

The state constitution vests authority in the legislature to direct the number of judges of the superior court.  A county legislative authority wishing to reduce the number of existing judgeships may work with the legislature to accomplish that result.

AGO 2006 NO. 4 >

1.  A municipality lacks authority to allocate lodging tax revenue to operate a tourism-related facility in which the municipality has no ownership interest.  2.  A municipality may not spend lodging tax revenue on operating expenses of special events and festivals designed to attract tourists where such events and festivals are operated by non-governmental entities.  3.  A municipality may not provide advance payment to private organizations for tourism promotion; payment must occur after the services have been performed.

AGO 1990 NO. 4 >

1.  The county sheriff's duty to enforce state law applies equally in incorporated and unincorporated areas of the county.  2.  If a city is unable to provide for adequate police protection, the county sheriff must take this factor into account in allocating the resources of the sheriff's office.  However, the statutes do not obligate the sheriff to provide a city with a specific number of police officers or a specific level of police services.  3.  If a city wants to obtain a specific number of county police officers or level of police services, the Interlocal Cooperation Act empowers the city to contract with the county to provide those services.

AGO 2012 NO. 4 >

A county legislative authority is generally prohibited from entering into contracts that bind the future legislative actions of the county.  The application of this principle depends upon a distinction between actions that are legislative in nature and those that are merely administrative or proprietary.