AGO 1951-53 No. 30.

• Case Date: May 01, 1951
• Court: Washington

Washington Attorney General Opinions 1951. AGO 1951-53 No. 30. May 1, 1951[Orig. Op. Page 1]PRIVATESTATE PATROL, SALARIES FOR TECHNICAL AND LINE DUTIES.A State Patrol officer, assigned as sergeant in charge of vehicle safety inspection, should be paid as a technical sergeant.Mr. James A. Pryde, ChiefWashington State PatrolOlympia, WashingtonCite as: AGO 1951-53 No. 30Dear Sir: You have requested our opinion upon the validity of a claim of a State Patrol sergeant, whose duties are primarily vehicle safety inspection, that he is entitled to the pay of a line rather than a staff sergeant. Our conclusion is that: Such duties are technical in nature and the claimant may receive only the pay of the technical rank to which he was temporarily appointed. The claim should be rejected. ANALYSIS Under chapter 192, Laws of 1949, the grades of Washington State Patrol officers are: (1) Patrolman, (2) Sergeant, (For salary purposes, there are two grades of sergeants, based upon the nature of their duties), [Orig. Op. Page 2] (3) Lieutenants, and (4) Captains. The salary provisions, RCW 43.43.380 (1950 Supp.); Rem. Rev. Stat. § 6362-61e (1949 Supp.), apparently assumes that most officers appointed to staff or technical duties will serve in the grade of sergeant. Line promotion is based upon competitive examination and appointment upon the occurrence of a vacancy; RCW 43.43.330 and 43.43.340 (1950 Supp.); Rem. Rev. Stat. §§ 6362a and 6362b (1949 Supp.). Any officer, however, may be assigned to "staff or technical" duties and may be appointed to the rank necessary to carry out such duties. This appointment is only temporary, and "If a staff or technical officer returns to line operations, he shall return in the rank that he holds in the line command...