Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1988 NO. 27 >

The Legislature clearly intended, by amending RCW 41.04.190 in 1983, to authorize county commissioners to accept increases in health benefits on a midterm basis; the Attorney General will not comment on the constitutionality of the 1983 amendments.

AGO 1961 NO. 31 >

The board of county commissioners of Pacific county is legally authorized to contribute toward the cost of construction of a Washington approach to the proposed Astoria-Megler bridge, within the debt limit requirements.

AGLO 1974 NO. 39 >

(1) A board of county commissioners may not rescind a prior appointment of a member of the board of commissioners of a housing authority but it may remove such a member for cause under RCW 35.82.060. (2) Under RCW 35.82.050, a county housing authority commissioner may not also serve as a manager of a housing facility. (3) The prosecuting attorney of a county is required under RCW 35.82.040 to provide legal representation to a county housing authority.

AGO 1953 NO. 40 >

County commissioners have no power to authorize county man power and equipment on private property for spraying gorse growth, even though the owners of said property pay for the chemicals used.

AGO 1953 NO. 51 >

1. County Commissioners cannot contract with unlicensed architect to draw plans for county office building. 2. County Commissioners need not require bids for contract with architect to plan county building.

AGO 1965 NO. 59 >

(1) Under § 1, chapter 240, Laws of 1965, Ex. Sess. (RCW 36.33.110), the board of county commissioners is required to expend at least fifty percent of federal forest funds received by the county for the benefit of the public schools.  Since the legislature has not prescribed the manner of apportioning the money, the board of county commissioners may, in the exercise of its sound discretion, make any apportionment it desires as long as the money is used for the benefit of the public schools including but not limited to division of the funds either (1) among the school districts of the county to be expended as the boards of directors thereof may direct, or (2) among the school districts of the county to be expended in the manner directed by the board of county commissioners. (2) An expenditure by the county for removal of snow and bridge repair on county roads, which incidentally benefits the schools, cannot be charged to that portion of the federal forest funds which must be expended for the public schools. (3) The county commissioners acting pursuant to § 1, chapter 140, Laws of 1965, Ex. Sess., may not allot federal forest funds to the county superintendent's budget.

AGLO 1973 NO. 64 >

The county commissioners of a fifth class county having a 1970 census population of 15,796 inhabitants does not have the authority to provide for the election of a single, full time judge to serve a justice court district encompassing the entire county.

AGLO 1975 NO. 65 >

Where a county, the county commissioners, and prosecuting attorney are sued in their official capacities and a special attorney is employed pursuant to RCW 36.32.200, the costs thus incurred constitute a county expense.

AGO 1961 NO. 73 >

Where in accordance with a prior agreement an individual transfers separately owned real estate to a grantee by a deed reciting consideration of love and affection and the grantee pursuant to the same agreement then executes a deed setting forth the same consideration and transferring the title back to the grantor and another person as joint tenants the real estate excise tax does not apply.

AGO 1951 NO. 75 >

Since county commissioners are the governing body of county airports, sales from one or more of the commissioners to such an airport are against public policy, and void, under subsection 2 of section 82, chapter 249, Laws of 1909 subsec. 2, sec. 2334, Rem. Rev. Stat.).