Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1969 NO. 2 >

(1) Pursuant to RCW 54.12.080, the commissioners of a public utility district "fix their own compensation" within the meaning of the constitutional amendment contained in H.J.R. No. 13; accordingly, these officials continue to be prohibited from receiving a mid-term increase in their compensation. (2) Under RCW 52.12.010, the commissioners of a fire protection district fix their own compensation within the meaning of the constitutional amendment contained in H.J.R. No. 13; accordingly, these officials continue to be prohibited from receiving a mid-term increase in their compensation. (3) Pursuant to RCW 53.13.250, the commissioners of a port district do not fix their own compensation, within the meaning of the constitutional amendment contained in H.J.R. No. 13. (4) Except to the limited extent provided for by RCW 41.04.180, relating to group hospitalization and medical aid coverage, the members of a board of county commissioners do not fix their own compensation, within the meaning of the constitutional amendment contained in H.J.R. No. 13; accordingly, these officials are entitled to receive the salary provided for by the law in existence at the time their services are rendered, for all services rendered after the effective date of HJR No. 13, but they may not, during their terms of office, receive an increase in the amount of the county's payment for group hospitalization or medical aid coverage.

AGO 1968 NO. 33 >

(1) The constitutional amendment contained in H.J.R. No. 13, which was voted upon at the 1968 general election, will become effective on the day of completion of the official canvass and issuance of the governor's proclamation, under RCW 29.62.130, confirming approval of the amendment by the voters; however, a delay of either of these events beyond the thirty-day period specified in the statute will not result in a delay of the effective date of the amendment beyond this period. (2) The approval of H.J.R. No. 13 will entitle those public officers (including supreme and superior court judges) who, because of previous constitutional limitations, have been receiving a lesser salary during their current terms of office than that provided for by the law presently in effect henceforth to receive the salary increases provided for by existing law without further action by the legislature or other salary fixing body.

AGO 1968 NO. 36 >

(1) The constitutional amendment contained in H.J.R. No. 13, which was adopted by the voters at the 1968 general election, grants to all municipal officers who do not fix their own compensation a constitutional right henceforth to receive the salary provided for by the state law or municipal ordinance in effect at the time that their services are being rendered, notwithstanding a city charter provision to the effect that the salary of no officer of the city shall be increased during his term of office. (2) Where the salary of a mayor of a city is fixed by city ordinance, the mayor is an officer who fixes his own compensation within the meaning of H.J.R. No. 13, where he is a member of the city council or commission which enacts all city ordinances; however, he is not such an officer if he has only a veto power over ordinances passed by the city council.  Where the mayor is authorized to cast either an affirmative or negative vote on an ordinance in the event of a tie in the votes of the councilmen, he will be prevented by the constitution from receiving a pay raise during his term of office only where his own affirmative vote becomes necessary for the passage of an ordinance raising his salary. (3) Where the mayor of a city is a member of the council or commission which enacts all city ordinances, he may not qualify himself to receive a mid-term increase in his compensation by abstaining from participating in the enactment of an ordinance involving his compensation as mayor.