Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1980 NO. 25 >

Except as permitted by RCW 84.41.041 based on appropriate statistical data, no revaluation of property for tax purposes can take place without a physical inspection.

AGO 1961 NO. 26 >

A road patrolman employed in a dual capacity by the county commissioners and the county sheriff and who was appointed deputy sheriff prior to the effective date of Initiative No. 23 is covered by the provisions of chapter 41.14 RCW, the civil service act for sheriffs.

AGO 1963 NO. 27 >

County superintendents of schools elected in November, 1962, to take office in September, 1963, may not receive the raise in salary granted by the 1963 legislature because of Article XI, § 8, of the State Constitution which prohibits increasing or decreasing the salary of a county officer after his election or during his term.

AGO 1971 NO. 28 >

The prosecuting attorney of a fourth class county may simultaneously serve as a member of the city council of a third class city located in such county.

AGLO 1981 NO. 28 >

A county sheriff may not legally adopt and enforce an administrative rule under which no civil service commission member or members would be allowed on the sheriff's department's premises during the course of an inspection or investigation conducted under RCW 41.14.060(3) unless accompanied by a member of the sheriff's staff.

AGO 1959 NO. 28 >

(1)  The sheriff as appointing authority under Initiative No. 23 who dismisses a probationer is not required to notify the civil service commission of the basis for the dismissal. (2)  A probationer who has been dismissed does not have the right to have his dismissal reviewed by the civil service commission.

AGO 1961 NO. 29 >

(1) County funds which are neither transferable without limitation nor not transferable at all may be loaned on a temporary basis to a solvent fund.(2) The responsibility for making the loan is that of the Board of County Commissioners rather than the County Treasurer.(3) Insolvency of the borrowing fund, in the sense of no assured income within the control of the governmental body to which the fund belongs, would preclude the loan being legally made.(4) The permissive duration of a loan from one county operating fund to another may extend beyond the county fiscal period but must not be a permanent transfer.(5) The County Commissioners must charge a stated interest rate per annum to the borrowing or benefited fund.

AGO 1959 NO. 29 >

(1)  A deputy sheriff with a regular commission must be a resident of the county in which he holds such commission. (2)  An elected sheriff may not be appointed a regular deputy sheriff in another county; if he is so appointed he is a de facto officer and is not entitled to compensation from the appointing authority.

AGO 1959 NO. 30 >

1.  RCW 73.16.010, which provides that veterans shall be preferred for appointment and employment in every public department is not applicable to positions covered by Initiative No. 23. 2.  RCW 41.04.010, which provides that veterans shall be given a preference in all competitive examinations for public office, position or employment is applicable to position covered by Initiative No. 23. 3.  Either a "newspaper article" or a "paid legal publication" is sufficient to meet one of the requirements of public notice of civil service examination contained in proposed civil service Rule V, § 1.

AGO 1971 NO. 30 >

(1) Section 3, chapter 257, Laws of 1971, 1st Ex. Sess., does not prohibit a person who cannot meet the minimum medical and health standards necessary for membership in the Washington law enforcement officers' and fire fighters' retirement system from serving as a county deputy sheriff or from retaining his civil service position or rank under chapter 41.14 RCW.(2) A county deputy sheriff who cannot meet the minimum medical and health standards necessary for membership in the Washington law enforcement officers' and fire fighters' retirement system is, if otherwise eligible under RCW 41.40.120, thereby required to participate in the Washington public employees' retirement system if the county by which he is employed is an employer under that system.