Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1991 NO. 3 >

1.  A first class city may, by ordinance, require candidates for the office of freeholder to be nominated in a primary election. 2.  A first class city may, by ordinance, require candidates for the office of freeholder to run for specific freeholder positions, as opposed to all candidates running against one another.   3.  A first class city may, by ordinance, require candidates for the office of freeholder to reside in specific areas or districts of the city .   However, the election itself must be city wide.  The office of freeholder is a city wide office and a first class city cannot, by ordinance, authorize freeholders to be elected by the voters of a district of the city. 

AGO 1993 NO. 4 >

RCW 41.16.020 creates a municipal firemen's pension board and provides that one member is the city comptroller or clerk.  If a charter city eliminates the position of comptroller and assigns those functions to a director of finance, the city can assign the director of finance to the pension board instead of the clerk.

AGLO 1976 NO. 4 >

Although the city council of a charter city does not, under present law, have the authority to prepare and submit a revised city charter, previously prepared by a board of freeholders but initially rejected by the voters, for the further consideration of those voters, the legislature could, constitutionally, authorize such a city council to take that action; also, consideration of several related questions.

AGO 2012 NO. 6 >

1.  The legislative authority of a charter county has the authority to suspend the county treasurer from office under RCW 36.29.090.  RCW 36.29.090 authorizes the legislative authority to suspend a county assessor-treasurer from his or her duties as treasurer, but not from duties as assessor.    2.  For purposes of RCW 36.29.090, an action based upon “official misconduct” is a civil or criminal lawsuit alleging official misconduct and would include recall petitions, criminal prosecutions, and civil actions on required bonds posted by county treasurers to ensure the faithful performance of their duties.    3.  The legislature may, by general law, authorize the legislative authority of charter counties to suspend county treasurers or treasurer-assessors from their duties so long as the legislature’s action does not violate constitutional limitations generally applicable to legislative actions.

AGO 2015 NO. 6 >

Article XI, section 4 of the Washington Constitution does not prohibit a county from providing in its charter for the election of the prosecuting attorney as a nonpartisan office.

AGO 2000 NO. 6 >

Where a first-class city has amended its charter to create new officer positions, and the charter amendments provide that the initial special election to fill the new positions will occur in conjunction with the state primary and general election in an even-numbered year, RCW 29.13.020 permits the conduct of a city special election under these circumstances.

AGO 1999 NO. 8 >

When the state constitution authorizes alternative provisions of a new county charter to be submitted to the voters, it refers exclusively to charter provisions drafted and submitted by the freeholders who have prepared the proposed charter; the law does not permit the county commissioners or any other person to submit alternative provisions to be voted on with the original proposal.

AGO 1992 NO. 16 >

RCW 35.22.288 provides that the ordinances of first class cities, or a summary thereof, shall be promptly published in the official newspaper of the city.  However, an ordinance is not invalid under RCW 35.22.288 if it is not published within a specified number of days.

AGO 1992 NO. 22 >

In a charter city or charter code city the qualified voters may petition, asking for the adoption of a charter amendment.  If the petition meets the requirements of the statute, it will be placed on the ballot at the next general election.  It is not necessary under state law for a city council to pass a resolution directing the county auditor to place on the ballot a city charter amendment proposed by the people.

AGO 1991 NO. 22 >

1.  Charter cities, charter counties, noncharter first class cities and noncharter code cities have the authority to impose a limit on the number of terms a locally elected official can serve.   2.  Depending upon the provisions of their charter, charter cities and charter counties can adopt a term limitation as a charter provision by ordinance or through the initiative process.  Noncharter first class cities and noncharter code cities can only adopt a term limitation through the passage of an ordinance.