Letter Opinion 1970 No. 057

- - - - - - - - - - - - - April 9, 1970 Honorable Thomas L. Copeland Speaker, House of Representatives Route 3 Walla Walla, Washington 99362 Cite as:  AGLO 1970 No. 57 Dear Sir: This is written in response to your recent request for our opinion regarding the appointment of members of a board of trustees of a community college district under the provisions of RCW 28.85.100, as amended by § 7, chapter 261, Laws of 1969, Ex. Sess.  Your question is whether the statute, as amended (including the governor's veto of a portion of the proposed amendment) now permits the governor to make appointments to the various boards of trustees of the several community college districts without reference to a list of nominees submitted by legislator composed nominating committees? We answer this question in the affirmative. ANALYSIS The procedure for appointing community college trustees only from a list of nominees submitted by the nominating committee composed of members of the legislature residing within the boundaries of each community college district was a feature of the original, 1967, community college reorganizational law ‑ chapter 8, Laws of 1967, Ex. Sess.  However, the particular section of the 1967 act which established this procedure was repealed by § 16 (1) of chapter 261, Laws of 1969, Ex. Sess. In addition, a revised version of this original 1967 provision, which was proposed as an amendment to RCW 28.85.100 (codifying § 10, chapter 8, Laws of 1967, Ex. Sess.) by § 7 of Engrossed Second Substitute House Bill No. 480 (1969) was vetoed by the governor when this bill reached his desk ‑ and as a consequence of this veto, RCW 28.85.100, as amended, contains no requirement for resort by the governor to a list of nominees submitted by nominating committees composed of members of the state legislature as a basis for the appointment of community college district trustees. [[Orig. Op. Page 2]] We trust that the foregoing will be of assistance to you. Very truly yours, FOR THE ATTORNEY GENERAL Philip H. Austin Assistant Attorney General