Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1978 NO. 1 >

(1) Under the provisions of chapter 270, Laws of 1977, 1st Ex. Sess., the risk management office of the State Department of General Administration is vested with the authority and responsibility for the purchase of (a) liability and property insurance covering the state's community colleges and (b) such surety bonds as are necessary for those institutions. (2) This same authority and responsibility also extends to the purchase of liability insurance obtained at state expense to cover the trustees, officers or employees of the community colleges under RCW 28B.10.844; however, it does not extend to the purchase of liability insurance as a part of the compensation plan for community college officers or employees under RCW 28B.10.660.

AGLO 1978 NO. 1 >

As amended by § 7, chapter 282, Laws of 1977, 1st Ex. Sess., RCW 28B.50.860 does not have the legal effect of restoring tenure to a formerly tenured community college faculty member who earlier lost his tenure upon being appointed to the position of community college president.

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.

AGLO 1975 NO. 3 >

(1) Revenues of a community college from the operation of a predischarge education program (PREP) under RCW 28B.50.092 do not constitute tuition revenues payable into the state general fund under RCW 28B.50.360; however, they are subject to the requirements of the state budget law under RCW 28B.50.320. (2) A community college district may not engage in a PREP operation by means of a contract to provide educational services to a private nonprofit corporation formed for that purpose which will, in turn, contract with the military personnel who are to receive the services.

AGO 1987 NO. 6 >

1.  The Legislature may not, through the use of conditions in its biennial appropriation act and without amending permanent statute, eliminate or limit the authority of community college districts to grant salary increases to district employees. 2.  The Legislature may use conditions in the biennial appropriation act to limit the use of the funds appropriated in the act, including limits on their use for community college employee salary increase purposes, so long as the legislature does not impair vested contract rights. 3.  The Legislature could establish authority to control community college employee salary increases through the biennial budget act, by amending current statutory law. 4.  The State Board for Community College Education currently has only a minor role in the enforcement of salary policy for community college employees.

AGLO 1982 NO. 6 >

(1) The requirement of WAC 251-12-285 that employers pay the initial costs of transcribing the record for appeal under RCW 28B.16.130 is not enforceable in personnel actions arising under RCW 28B.16.120 in view of the Washington Supreme Court's decision in the analogous case of Zoutendyk v. Washington State Patrol, 95 Wn.2d 693, 628 P.2d 1308 (1981).

AGO 1981 NO. 7 >

In the event of a sale of community college real property by the State Board for Community College Education pursuant to RCW 28B.50.090(12), the proceeds of that sale are not required, under existing law, to be received, kept and disbursed by the state treasurer but, instead, they may be retained by the college as local funds and expended without a specific legislative appropriation.

AGO 1975 NO. 7 >

The board of trustees of a community college district may not legally include what is commonly referred to as an "agency shop" clause in a negotiated agreement entered into between such board and the faculty employees of the district under the provisions of chapter 28B.52 RCW for the reason that such a clause is prohibited by RCW 28B.52.070.

AGO 1991 NO. 15 >

1.  Prior to its amendment in 1990, RCW 28B.50.140(3) empowered a community college board of trustees to fix the salary and duties of community college presidents.  RCW 28B.50.140(3) only empowered the board to pay salary.  Payments to reimburse a president for the president's transportation expenses did not constitute salary and were not authorized under RCW 28B.50.140(3).    2.  In 1990 RCW 28B.50.140(3) was amended.  Laws of 1990, ch. 135, § 1, p. 926.  Amended RCW 28B.50.140(3) authorizes a community college board of trustees to fix the compensation and duties of community college presidents.  Payments to reimburse a president for the president's transportation expenses are not authorized as compensation since RCW 43.03.060(1) provides the procedure to reimburse state employees for travel expenses.  RCW 28B.50.140(3) does not authorize the board to supplant this reimbursement system.

AGO 1991 NO. 16 >

1.  The Legislature has established limits upon community college enrollment.  As a creature of statute a community college must have specific statutory authority to enroll students in excess of those authorized by the Legislature.   2.  RCW 28B.50.140(16) authorizes community colleges to offer educational services on a contractual basis to private and governmental entities.  The students receiving instruction pursuant to such a contract do not fall within the enrollment lid.  However, RCW 28B.50.140(16) does not authorize community colleges to avoid the enrollment lid by enrolling students on a contract basis when those students are treated the same as any other student and pay the same tuition and fees.