Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1970 NO. 9 >

(1) An employer in this state who is governed by Title VII of the Federal Civil Rights Act of 1964 (42 U.S.C., § 2000e 2) may not invoke the provisions of RCW 49.28.070 and WAC 296-128-440 as a justification for refusing to hire or promote women solely on the basis that the working conditions involved in the job they are seeking are such as to preclude the employment of women under such state provisions.(2) An employer who is governed by Title VII of the Federal Civil Rights Act of 1964 (42 U.S.C., § 2000e 2) is excused from compliance with the provisions of RCW 49.28.070 and WAC 296-128-440 to the extent that these state provisions are in conflict with the federal act.

AGLO 1981 NO. 9 >

When requested to do so by the Governor for the purpose of determining the qualifications of a prospective gubernatorial appointee to public office, the Washington State Patrol may (a) provide the Governor with information contained in records then on file with the Patrol, except to the extent that, in a given case, particular information contained in those records is covered by a specific statutory restriction against disclosure; and (b) pursuant to an interlocal cooperation act agreement with the Governor, go beyond its own existing records and, further, search out other information by examining existing records maintained by other law enforcement agencies and/or other custodians and by contacting and interviewing neighbors, past business associates or others deemed likely to have personal knowledge about the prospective appointee.

AGO 1974 NO. 9 >

The members of a board of county commissioners, during the remainder of the terms of office they were serving on the effective date of the salary increases granted by the legislature in chapter 88, Laws of 1973, 1st Ex. Sess., may receive those legislatively granted increases; they may not, however, constitutionally receive mid-term increases in such health care benefits as they have provided for themselves and other county officers and employees under the provisions of RCW 41.04.180.

AGLO 1974 NO. 9 >

In a fourth class county, where the prosecuting attorney serves as ex officio coroner, and where, due to a vacancy in the office of sheriff, the said prosecuting attorney in his capacity as coroner has also performed temporarily the duties of the sheriff by reason of RCW 36.24.010, the prosecuting attorney/coroner is not entitled to the sheriff's salary or fees for the period in which he performed the sheriff's duties.

AGO 1968 NO. 9 >

(1) Where a sheriff finds a reported stolen vehicle abandoned on a public highway or at some other place in his county, he may, in the absence of available public equipment and facilities for such purposes, employ the operator of a private towing and storage service to tow and store such vehicle until the owner appears and claims it. (2) In such a case, the private towing and storage operator who has been thus employed may assert a lien in the vehicle against the owner for payment of such towing and storage charges as are due at the time the owner appears to claim the vehicle.

AGLO 1979 NO. 9 >

Under the provisions of chapter 51.24 RCW, as amended by chapter 85, Laws of 1977, 1st Ex. Sess. (SSB 2154), either the State Department of Labor and Industries or a self-insured employer may legally approve a settlement between an injured worker (or beneficiary) and a third party tortfeasor which is for an amount less than the amount already disbursed by the department or self-insurer for industrial insurance benefits.

AGO 1959 NO. 10 >

The state highway commission does not have the statutory authority to regulate the erection or location of drive‑in theaters along state highways unless such structures constitute a nuisance under RCW 47.32.130 or 47.36.180.

AGO 1982 NO. 10 >

The board of county commissioners of a fifth through ninth class county may not, simply by making a public announcement to that effect prior to the period for candidates' filings, cause the office of county prosecuting attorney to become a full-time office so as to prohibit the candidate then duly elected to that office from thereafter engaging in the private practice of law.

AGO 1967 NO. 10 >

When the state personnel board makes a revision of the salary schedule for classified employees under the state civil service system, which revision effects changes in the salaries attached to several classes of positions, the budget director does not have the authority to approve or disapprove, on a piece meal basis, specific items in such revised salary schedule.

AGO 1984 NO. 10 >

Economic development councils created in response to (but not pursuant to) RCW 35A.11.060, RCW 35.21.680 or RCW 36.32.410 are not, themselves, municipal corporations or quasi-corporations for the purposes of audit under RCW 43.09.260; however, the State Auditor would nevertheless have the authority to examine the books and records of an economic development council (or any similarly situated private party) as an extension of his authority to audit those municipal corporations or quasi-municipal corporations which have provided funds to such organizations.