Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1977 NO. 7 >

The provisions of RCW 70.39.140 et seq., under which hospital rates and related matters are regulated by the state hospital commission, are applicable to hospitals maintained and operated by public hospital districts formed under chapter 70.44 RCW.

AGO 2002 NO. 7 >

1.  When the commissioners of public utility districts draw new commissioner districts after a decessional census, they must include in their plan all the territory within any city which did not, at the time the public utility district was organized, own or operate all of the utilities which a public utility district is authorized to furnish; it is immaterial whether such a city of such description was later incorporated.  2.  If the commissioner district boundaries submitted by a the board of a public utility district do not include all the territory of the public utility district in the districting plan, the public utility district board of commissioners has the authority, and the duty, to submit a new plan correcting this infirmity.

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.

AGO 1981 NO. 8 >

RCW 43.63.040 [46.63.040] does not vest a municipal or police court with jurisdiction over a traffic infraction based on an alleged violation of state law‑-as distinguished from one involving a local, municipal ordinance; therefore, such a court does not have exclusive, or even concurrent, jurisdiction over a traffic infraction case which is so based, even in the absence of a contract with the county to have those traffic infractions committed within the city or town adjudicated by a district court.

AGO 1975 NO. 8 >

In a school district which has been divided into school director districts under RCW 28A.57.050, a school director's voluntary change of his place of residence and voting registration from one director district to another within the school district disqualifies him from continuing to serve for the remainder of the term for which he was elected because of the continuing qualification provisions now contained in RCW 28A.57.318.

AGO 1990 NO. 8 >

An individual school district cannot finance the acquisition of real property for school district purposes by borrowing funds from an institutional lender and securing payment of the obligation with a mortgage on the property acquired with the loan proceeds.

AGO 1976 NO. 8 >

(1) Under Article XXXI, § 1 (Amendment 61) of the Washington constitution, commonly referred to as the state equal rights amendment, as construed and applied by the Washington supreme court in Darrin v. Gould , 85 Wn.2d 859, 540 P.2d 882 (1975), whenever within a school district in this state only a single public school athletic team or program exists in a given sport, whether it be interscholastic contact football or some other athletic activity, that single team or program must be equally open to participation by qualified members of both sexes.  (2) In accordance with RCW 28A.85.020, a school district may maintain separate teams for the members of each sex, but only if (a) it can clearly be shown, under all the factual circumstances involved in the particular case, that the maintenance of separate teams for boys and girls truly constitutes the best method of providing both sexes, as a whole, with an equal opportunity to participate in the sports or games of their choice and (b) at the same time, a test of substantial equality between the two programs can be found to have been met.

AGO 1986 NO. 8 >

A public hospital district, meeting the statutory requirements set out in RCW 70.39.140, may give a percentage discount on its public rates approved by the State Hospital Commission.

AGO 1992 NO. 8 >

RCW 41.04.190 provides that insurance benefits are not additional compensation for county elected officials.  RCW 41.04.190 does not apply to insurance benefits provided to water district commissioners pursuant to RCW 57.08.100.

AGO 1973 NO. 9 >

(1) An agreement by a school district in reducing its force of certificated teachers for financial reasons to grant those teachers whose contracts are not to be renewed an unpaid leave of absence coupled with a right to return at some future date, if and when future teaching vacancies occur within the district for which they are qualified, will be enforceable by a separated teacher only if it is supported by an adequate legal consideration. (2) Such an agreement must be in writing in order to satisfy the requirements of RCW 28A.67.070, and of RCW 19.36.020 as well if the rights thereby granted are intended to be enforceable for more than one year beyond the date of its execution. (3) Considerable doubt must be expressed as to the enforceability of such a leave of absence coupled with a right of return if the term of leave exceeds one year in duration. (4) During the period of an unpaid leave of absence a teacher will not be eligible for active participation in the state teachers' retirement system as an employee of the district granting the leave. (5) Whether during the period of an unpaid leave of absence a teacher will be eligible to continue participating at his own expense in a medical insurance program provided for by the school district under RCW 28A.58.420 or RCW 41.04.180 will depend upon the terms of the particular insurance contract involved.