AGO 1951-53 No. 8.

• Case Date: April 05, 1951
• Court: Washington

Washington Attorney General Opinions 1951. AGO 1951-53 No. 8. April 5, 1951 [Orig. Op. Page 1]PRIVATEEMPLOYMENT STATUS OF A DEPARTMENT SERVICE OFFICER OF THE UNITED SPANISH WAR VETERANS UNDER THE STATE DEPARTMENT OF VETERANS' AFFAIRS AS IT EXISTED IN 1945 AND 1946.A Department Service Officer for the United Spanish War Veterans operating under the provisions of chapter 31, Laws of 1945 (10747-10-12 Rem. Supp. 1945), though compensated directly by the Department of Veterans' Affairs of the State of Washington was not a state employee.Honorable Hugh H. EvansProsecuting AttorneySpokane CountySpokane, WashingtonCite as: AGO 1951-53 No. 8Attention: !ttEarl W. Foster Deputy Prosecuting Attorney Dear Sir: We are in receipt of your letter of December 12, 1950, asking for our opinion in connection with the computation of retirement benefits under the State Employees' Retirement System for a former state employee now retired. In connection with such benefits you ask specifically if service as a Department Service Officer of the United Spanish War Veterans is creditable as state service under the provisions of the law governing the aforementioned State Employees' Retirement System. You make known to us the fact that the person involved was designated "Department Service Officer" for the Spanish War Veterans and administered the pertinent provisions of chapter 31 of the Laws of 1945 for the state with offices in the Spokane County Courthouse from October 14, 1945, to September 30, 1946. Further, he was apparently entitled to one aide at $250.00 a month whose services he did not require. You also state that the Commander of the Spanish War Veterans appointed the individual in question and the State Director of Veterans' Affairs retained only the power to discharge and fix compensation. In [Orig. Op. Page 2] connection with this you point out that the Advisory Council of administration for the United Spanish War Veterans had voted that a service officer shall retain office so long as his services are satisfactory to the Director of Veterans' Affairs, thus giving the said Director of Veterans' Affairs the authority to fire any service officer for incompetency, but still leaving with the Commander the right to appoint his successor. In connection with this resolution you state "The Director of Veterans Affairs was formally advised of the action of the Advisory Council at the time it was taken and also had actual knowledge of the ratification of that action at the Convention." The conclusion reached may be summarized as follows: The Department Service Officer for the United Spanish War Veterans under the provisions of section 2, chapter 31, Laws of 1945 (10747-11 Rem. Supp. 1945), was not an employee of the State of Washington and as such service rendered in such a position cannot be used in the computation of pension benefits under the...