Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1973 NO. >

(1) In order to engage in the logging of timber within "shorelines of the state" as that term is used in chapter 90.58 RCW, the Shorelines Management Act of 1971, a person will be required to obtain a permit under RCW 90.58.140 (2) under certain factual circumstances.
 
(2) The Shorelines Management Act of 1971 applies to the activities of the state department of natural resources on state‑owned lands under its administrative jurisdiction where such lands are within the "shorelines of the state."

AGLO 1979 NO. 1 >

Neither RCW 66.28.010 nor RCW 66.28.020 prohibit a person who has a contract vendor's interest in a restaurant holding a retail liquor license in the state of Arizona from legally serving as a licensed agent of a wine wholesaler and importer in the state of Washington.

AGO 1979 NO. 1 >

Although the privilege from arrest in Article II, § 16 of the Washington Constitution extends beyond the term of a legislative session, it relates to the possibility of civil arrest only and is not a privilege from arrest for the commission of a crime; therefore, Article II, § 16 does not preclude the arrest of a member of the Washington State Legislature for the commission of a traffic offense within the purview of RCW 46.61.010.

AGO 1972 NO. 1 >

(1) A prosecuting attorney of a fourth through ninth class county, in his separate capacity as county coroner under RCW 36.16.030, may appoint one or more deputy coroners with the consent of his board of county commissioners.(2) The compensation of any persons so appointed as deputy coroners is to be fixed by the board of county commissioners.(3) There is no legal requirement that a person appointed to serve as a deputy county coroner in a fourth class county be admitted to the practice of law in this state.

AGO 1998 NO. 1 >

1. When the term of employment of a community college president expires, and the college's Board of Trustees wishes to re-appoint the same president for an additional term, the Board may not increase the president's salary by any amount greater than permitted in the current budget pursuant to RCW 28B.50.140(3). 2. A community college Board of Trustees and the college president may mutually rescind an existing employment contract before it expires, and enter into a new contract with new duties and a different compensation, but increases in compensation are limited to those authorized in the current budget pursuant to RCW 28B.50.140(3). 3. Community college presidents are entitled to the deferred compensation benefits provided to other state employees; changes in these benefits are potentially subject to statutory limitations on increases in compensation.

AGO 1973 NO. 1 >

Under § 24 of Initiative No. 276, requiring periodic reports of the financial interests of candidates and elected officials (except President, Vice‑President and precinct committeemen), a candidate or elected official who is an attorney must include in his report:   (a) The names of all clients from whom he received any compensation during the reporting period for preparing, promoting, or opposing legislation, rules, rates, or standards, together with the amounts of such compensation; and  (b) The names of all of his own governmental, corporate or other business clients from whom he received compensation of $500 or more during the reporting period, together with the approximate amount of such compensation (as described in § 24 (2)) and the consideration therefor; and  (c) If a member of a law firm, the names of all of the firm's governmental, corporate or other business clients from whom the firm received $500 or more during the reporting period ‑ and the consideration therefor; and (d) The name of any "clients" by which the candidate or elected official-attorney was actually employed as a salaried employee during the reporting period.

AGO 1999 NO. 1 >

1.  A person who is elected to an unexpired term on a city council may not constitutionally receive, during the unexpired term, any changes in compensation previously enacted by the council during that term.

AGO 1985 NO. 1 >

If a vacancy occurs in one position of a House of Representatives district which encompasses two counties and part of a third county, the boards of county commissioners of the three counties, acting jointly pursuant to Wash. Const. Art. II, § 15 (Amendment 52), may not appoint one of their own members to fill such vacancy.

AGO 1975 NO. 1 >

(1) Neither the superintendent of public instruction nor the state board of education has the authority under any existing statute or constitutional provision to formulate and implement a state‑wide [[statewide]] affirmative or corrective action policy for disadvantaged groups such as women or racial minorities which would be binding on all local school districts in their employment of personnel; under the supervisory authority granted to him by Article III, § 23 of the state constitution, however, the state superintendent of public instruction may require local school districts, in connection with their employment of personnel, to formulate and implement their own affirmative action policies for such disadvantaged groups, subject to such constitutional standards as may be applicable to those kinds of programs. (2) Such a requirement may be enforced by a mandamus action against any noncomplying school districts. (3) The state superintendent of public instruction has the authority to enforce federal affirmative action programs by refusing to disburse federal funds to noncomplying school districts.

AGO 1977 NO. 1 >

The certification by the governor of designated energy facilities under chapter 80.50 RCW will have the effect of permitting the construction and operation of the facilities thus certified at whatever location is specified therein even where the otherwise applicable provisions of a county, city or regional zoning code are to the contrary in view of the preemptive language of RCW 80.50.100, as amended by § 37, chapter 108, Laws of 1975-76, 2nd Ex. Sess.