Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1989 NO. 2 >

WAC 139-05-200 is unenforceable insofar as it purports to require commissioned law enforcement personnel employed before January 1, 1978, to complete a 440-hour basic law enforcement academy if they experience an interruption of employment in excess of 90 days.

AGLO 1979 NO. 5 >

The provisions of chapter 41.14 RCW constitute the exclusive means of removing, suspending, demoting or otherwise taking action adverse to the employment status of a deputy sheriff whose employment is covered by that law, any provisions contained in a collective bargaining agreement to the contrary not withstanding.

AGO 1990 NO. 5 >

1.  RCW 71A.12.110 empowers the Secretary of the Department of Social and Health Services to enter into agreements to pay the contracting party to perform services that the Secretary is authorized to provide under Title 71A RCW.   2.   The Secretary's discretion to contract out, granted by RCW 71A.12.110, may be limited by negotiated collective bargaining agreements entered into pursuant to RCW 41.06.150(13).

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 1970 NO. 6 >

(1) When a state employee transfers from a classified civil service position which is subject to chapter 41.06 RCW to either a classified or an exempt position which is covered by chapter 28B.16 RCW, he is not entitled to receive payment for his accumulated annual leave under RCW 43.01.041; instead, his accumulated annual leave is to be transferred from his old employing agency to his new one as provided for in RCW 43.01.040.(2) A permanent status employee transferring from a position under chapter 41.06 RCW, to a classified position in an institution of higher learning under chapter 28B.16 RCW, is subject to such "probationary period" regulations as are promulgated by the higher education personnel board under RCW 28B.16.100.

AGO 1982 NO. 8 >

There is no authority, under existing state law, for the adoption and implementation, by the board of county commissioners of a noncharter county, of a county personnel system covering the employment, compensation, subsequent promotion, suspension or discharge of all county employees‑-including those appointed by other, independent, county elected officials; there are, however, certain limited actions which may be taken in this area pursuant to a joint agreement between all affected county offices.

AGLO 1978 NO. 8 >

RCW 41.14.030 does not prohibit a person from simultaneously serving as a county civil service commissioner and as a high school librarian.

 

AGO 1972 NO. 12 >

A county civil service commission for sheriff's office employees, organized and operating under the provisions of chapter 41.14 RCW, may not promulgate a blanket regulation excluding persons otherwise qualified under RCW 41.14.100 from making application for any civil service position in a sheriff's department, regardless of its duties, on the basis of their being less than twenty-one years of age and thus not legally able to enter a tavern for law enforcement purposes; however, in those selected classes of positions which require the employee to enter taverns for these purposes, a requirement that the applicant be at least twenty-one years of age, and thus legally able to enter a tavern, would be valid.

AGO 1986 NO. 13 >

A city civil service system for city police provided by charter does not substantially accomplish the purpose of chapter 41.12 RCW if it does not provide for any appeal in the case of an employee suspended for less than five days.

AGLO 1973 NO. 15 >

Repeal of RCW 41.06.250 (4) would have no impact on eligibility of state to continue receiving federal funding.