WSR 12-09-041


[ Filed April 13, 2012, 9:37 a.m. ]



The Washington attorney general issues formal published opinions in response to requests by the heads of state agencies, state legislators, and county prosecuting attorneys. When it appears that individuals outside the attorney general's office have information or expertise that will assist in the preparation of a particular opinion, a summary of that opinion request will be published in the state register. If you are interested in commenting on a request listed in this volume of the register, you should notify the attorney general's office of your interest by May 9, 2012. This is not the due date by which comments must be received. However, if you do not notify the attorney general's office of your interest in commenting on an opinion request by this date, the opinion may be issued before your comments have been received. You may notify the attorney general's office of your intention to comment by calling (360) 586-0728, or by writing to the Office of the Attorney General, Solicitor General Division, Attention Jeffrey T. Even, Deputy Solicitor General, P.O. Box 40100, Olympia, WA 98504-0100. When you notify the office of your intention to comment, you may be provided with a copy of the opinion request in which you are interested; information about the attorney general's opinion process; information on how to submit your comments; and a due date by which your comments must be received to ensure that they are fully considered.

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The attorney general's office seeks public input on the following opinion request(s):

Opinion Docket No. 12-04-03

Request by Senator Mike Carrell, District 28

1. To what extent may the county commissioners of a charter county invoke RCW 36.29.090 to suspend an elected county treasurer-assessor from all or a portion of his or her duties?

2. In the context of RCW 36.29.090, what constitutes an action based upon "official misconduct" that would warrant county commissioners suspending a treasurer?

3. If a charter county may not suspend a treasurer-assessor under RCW 36.29.090, what are the constitutional limitations, if any, on the state legislature to modify laws to allow a charter county to exercise such power?

Washington State Code Reviser's Office