The Firehouse Lawyer Newsletter

Results for newsletters with the topic “The Interlocal Cooperation Act: RCW 39.34

DescriptionVolume_IssueYearMonthPDF
Here we take a look at the firefighter’s rule, which essentially says that a firefighter is generally owed no duty of care by the owner of land except that the owner not willfully or wantonly cause injury to the fireman; then we clarify some issues with the “two-in two-out” rule under the WAC 296-305 safety standards; issues with records retention; whether RCW 39.34 may permit several fire districts and a city to share in some major function, i.e. communications, and to have some separate level of taxing revenue; and to round it out, we address a question about building signs and the ADA. 02-0319983v02n03mar1998.pdf
Here we look at other legislative changes in 2004, particularly an amendment to RCW 39.34; an important case involving liability to contractors under the public works laws; an important OPMA case involving whether final actions that comply with the OPMA are invalid based on a previous violation of the Act; and finally, we consider the tests Washington courts have applied to see that a particular employee is in an “on call” status for purposes of the Washington Minimum Wage Act. 05-0120051v05n01jan2005.pdf
Today we outline the benefits and procedures of merger of fire districts under RCW 52.06 and annexation of cities or towns to adjacent fire districts pursuant to RCW 52.04, as well as through cities annexing unincorporated land into the city by annexations, along with a consideration of consolidation versus merger; we also consider a recent case finding that volunteers can sue their own agencies for damages, for negligently caused injuries.05-11200511v05n11nov2005.pdf
This is a big one. Today we address the Garcetti decision from the United States Supreme Court, which held that a public employee's speech rights are limited when talking about matters related to their official duties; we also talk about whether interlocal agreements must be filed with the state auditor or if there are alternatives to that requirement. 06-0620066v06n06jun2006.pdf
Today we discuss issues that arise between agencies that enter into an interlocal agreement under RCW 39.34 and how that may create a problem with "separating accounts" in the eyes of the State Auditor; we also address the doctrine of "bystander negligence", which essentially permits a bystander who witnesses a traumatic event to have a cause of action against a negligent party who causes that event.07-0120071v07n01jan2007.pdf
Today we discuss a court ruling that employees cannot generally waive their FMLA rights; the professional rescuer doctrine, which is a bar to recovery for firefighters for injuries incurred in the line of duty; the forming of non-profit corporations via interlocal agreement; and sexual harassment policies. 07-10200710v07n09sep2007.pdf
This issue discusses the use of personal electronic devices, and what impacts that may have under the Public Records Act. This issue also addresses contracts with Indian Tribes, pro-rationing and "ultra vires" actions of joint boards. 12-0320149v12n03sep2014.pdf
Today the Firehouse Lawyer discusses the Intra-State Building Safety Mutual Aid System, a statute unheard of in the fire service, which may provide another revenue-building tool for fire districts, if certain legislative fixes are made; we also consider the implications of government officials receiving gifts; a new Washington senate bill that amends RCW 39.34.030, and consequently, aspects of the public bid laws; whether call logs are public records, or whether requests for electronic copies of files that are not backed up are proper public records requests; and finally, we talk about whether your policies should properly designate “peer support group counselors,” such that any confidences revealed to them during treatment may not be inquired into in a court of law.13-0620156June_2015_FINAL.pdf
At times, state agencies get it wrong, and today we discuss that, with respect to the stripping of pensions from elected officials not working in "eligible positions" under DRS regulations; we also discuss RCW 71.05, one of the involuntary detention laws; a sweeping case involving the mandatory reporting duty in cases of child abuse and neglect; the employee's responsibility under the vertical safety standards; and finally, we outline some of the most common issues the State Auditor keeps running into, with respect to fire districts and RFAs. 15-0320173March2017FINAL.pdf
Today we discuss the concept of a "jar of muddy water" when negotiation contracts; we also discuss very important legislative changes for 2017; we then consider an alternative revenue source we call the 450 Tax, which could generate substantial revenue for fire departments; finally, we have our monthly Safety Bill. 15-0420174April2017FINAL.pdf
Today we discuss why fire departments should seek payments in lieu of taxes via contractual negotiation; a very important case involving gender discrimination and the wrongful discharge of an allegedly "at will" employee; a case involving privacy protections for homeless people; and finally, we consider the proper fitting of self-contained breathing apparatus under the Washington Administrative Code. 15-10201710October2017FINAL5.pdf
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