PS 101 – Chapter 5 – Article 4 – On School Districts and Fire Districts

RCW 4.28.080(3)
If against a school or fire district, to the superintendent or commissioner thereof or by leaving the same in his or her office with an assistant superintendent, deputy commissioner, or business manager during normal business hours.

Service on a school district is normally obtained by locating the superintendent and presenting him or her with the summons. Each of the over 200 school districts in the state has a superintendent and many have assistant superintendents.

Service on a fire district is normally obtained by locating a commissioner and presenting him or her with the summons. Most fire districts are governed by a board of commissioners, usually three of them. Presentation of the summons to any one of them accomplishes service on the district.

It is interesting to note that, for some reason, the legislature made some adjustments when it dealt with these two local government entities. As you saw in the sections covering service of a summons on a city and on a county, the modes of service required for service on those entities are really quite similar. But for school and fire districts there is both an aspect added and one removed.

The extra aspect in serving either type of district is the location requirement. As with counties and cities the statute allows for alternate persons to receive the summons. And, as with counties and cities, the statute places a time restriction on when the summons can be served.

If the summons is left with “assistant superintendent, deputy commissioner, or business manager” it must be done in the office of the superintendent or commissioner. No case law has come to the author’s attention which addresses the importance, or lack thereof, of this location requirement.

It would seem reasonable to interpret the phrase “in the office of” to mean the business office of the district as opposed to the specific personal office of the superintendent or commissioner. It would not seem reasonable to be required to ask an assistant superintendent to step down the hall to the confines of the superintendent’s office so that service could be completed within the walls of a particular room.

The aspect not granted these local government entities is the ability to appoint a designated agent to receive the summons. Both cities and charter counties were granted this power. These districts were not.

Finally, there is a difference in wording used in this paragraph as compared to paragraphs 1 and 2 (counties and cities) of this statute. Here the time restriction is imposed by the phrase “during normal business hours.” For cities and counties it was “during normal office hours.” Again no case law has been located which addresses either of these. It is quite possible there is a difference in wording but no difference in meaning.

Service Instructions Summary

Present documents to:

	Who	When & Where
1.	The superintendent	Anytime Anywhere
2.	A commissioner	Anytime Anywhere
3.	An assistant superintendent*	During normal office hours and in the office of the superintendent or commissioner.
4.	A deputy commissioner*	During normal office hours and in the office of the superintendent or commissioner.
5.	A business manager*	During normal office hours and in the office of the superintendent or commissioner.

NOTE: No “designated agent” is allowed.

NOTE: Extreme caution should be used if someone, not fitting these descriptions, says they have been “authorized” to accept service.

This quiz is for logged in users only.

Username or Email Address

Password

Remember Me