AGO 1949-51 No. 158.

• Case Date: November 17, 1949
• Court: Washington

Washington Attorney General Opinions 1949. AGO 1949-51 No. 158. November 17, 1949[Orig. Op. Page 1]PRIVATEGOVERNOR - AUTHORITY TO WITHDRAW COLLEGE APPOINTEE OF FORMER GOVERNOR.Qualified and acting college trustee, appointed by former governor, submitted to senate but not confirmed or rejected, may not be removed from office by present Governor without cause.His Excellency Arthur B. Langlie Governor of the State of Washington Legislative Building Olympia, WashingtonCite as: AGO 1949-51 No. 158Dear Sir: We have your letter of November 3 in which you ask the following question: "Mr. Pemberton was appointed as trustee of the college (Western Washington College of Education) on June 23, 1947 for the term ending June 12, 1953. Under Article XIII, § 1 of the Constitution and Rem. Rev. Stat. 4604, such appointment is made by the governor 'by and with the advice and consent of the Senate.' His appointment was submitted to the Senate at the 1949 legislative session but that body did not act on the appointment, either by way of confirmation or rejection. * * * "Can the Governor at this time withdraw Mr. Pemberton's appointment and appoint another individual to the position who would, of course, be subject to confirmation by the Senate at the next legislative session?" The conclusions reached may be summarized as follows: The appointment of June 23, 1947, may not at this time be withdrawn. [Orig. Op. Page 2] ANALYSIS Joseph T. Pemberton was appointed a trustee by the then Governor Mon C. Wallgren during the 1945 session of the legislature to fill a vacancy in a term ending June 12, 1947. Mr. Pemberton qualified and on the 21st day of February 1945, the senate confirmed that appointment [Senate Journal 1944-45, p. 270.] That term having expired, Governor Wallgren, on June 23, 1947, and after the adjournment of the 1947 legislature, reappointed Mr. Pemberton for a full term of six years, and he again qualified. This appointment was before the senate at its regular session in 1949, being the senate's first opportunity to consider the matter, but that body neither confirmed nor rejected the appointment. Mr. Pemberton has at all times continued to discharge the duties of his office and is presently serving as chairman of the board. Appointment by the Governor, by and with the consent and advice of the senate, of the trustees of Western Washington...