| Description | Volume_Issue | Year | Month | PDF |
| Today we take note of an extremely importance case clarifying management rights; take further notice that the Committee on Fire Service Organization and Deployment of the NFPA recently abandoned an attempt to adopt minimum national fire response standards; a FLSA update clarifying issues with comp time and the “salary basis” test; unemployment compensation and serious misconduct; and then we address the ability of fire commissioners to decrease the number of commissioners on the board. | 01-05 | 1997 | 8 | v01n05aug1997.pdf |
| We now discuss a decision of the Public Employment Relations Commission, of which the Firehouse Lawyer is a former commissioner, involving the duty to bargain supplemental pensions; the 90-day statute of limitations for vacation of arbitration awards; handicap discrimination and the duty to accommodate disabilities; the preemption of state law by FLSA; the requirement under the FMLA that the employer give notice of a requirement for medical certification; the 296-305 requirements for Washington fire departments in live-structure firefighting. | 02-11 | 1998 | 11 | v02n11nov1998.pdf |
| Today we consider a decision by the Public Employment Relations Commission, of which the Firehouse Lawyer is a former commissioner, in which the hearing examiner found that there is no duty to bargain supplemental pensions; we then consider the 90-day statute of limitations for seeking the vacation of an arbitration award; a federal district court finding that the Department of Labor exceeded their authority when enacting a particular FMLA regulation; a question involving contractual obligations under the FMLA; a question involving the issuance of pagers and the implications that may present under the on-call-pay provisions FLSA; and to sum up, a question involving whether a fire department must have a fire chief to comply with Washington law. | 02-12 | 1998 | 12 | v02n12dec1998.pdf |
| Today the Firehouse Lawyer considers some important case law interpreting the importance of response times and reasonable estimates for disclosing records under the Public Records Act; legislative clarification of the 207 (k) exemption under FLSA; another important case involving civil services commissions as they relate to collective bargaining; we also look at scoring criteria for veterans; and then we address certain questionable NFPA standards that may increase litigation. | 03-12 | 1999 | 12 | v03n12dec1999.pdf |
| The issue of random drug testing is a contentious one, and today we analyze whether such testing is constitutional or not; we turn next to analyze an exception to the general rule that public funds
should not ordinarily be used to support a ballot measure or a candidacy; and finally, we look at various legislative changes, including an increase in volunteer firefighter disability payments; protection from prorationing; response times; overbroad records requests; special meeting notices; and disability coverage and payments for LEOFF 2 firefighters.
| 05-05 | 2005 | 5 | v05n05may2005.pdf |
| Today we consider whether releasing only the name and address of a patient, without
any health information attached, does not per se violate HIPAA; the minutes of board meetings; whether certain positions “belong” in the union; the donation of buildings to burn; maintaining fire hydrants; and the purchase of fire engines and used equipment under the public bid laws.
| 05-08 | 2005 | 8 | v05n08aug2005.pdf |
| Today we discuss court rulings specifying that there can be no individual liability under the ADA; the importance of enacting email and internet use policies; a PERC ruling on an illegal subject of bargaining; and a change in the election laws. | 07-02 | 2007 | 2 | v07n02feb2007.pdf |
| We now consider the sole source exception to the public bidding laws under RCW 39.04.280, which states that bidding requirements may be waived for "purchases that are clearly and legitimately limited to a single source of supply"; we also address the right of a public employee to assert his or her Garrity rights, or the privilege against self-incrimination. | 09-12 | 2009 | 12 | v09n12dec2009.pdf |
| Retroactive decreases in employee benefits, or the withholding or rebate of wages, present contentious legal issues: Recently, the Washington Supreme Court decided a very important case addressing these issues, in the context of benefits that may or may not exist when a collective bargaining agreement has expired; we also discuss what steps a fire department may take to obtain mitigation in the event of new development, in lieu of impact fees, under the Washington State Environmental Policy Act, RCW 43.21C. | 13-07 | 2015 | 7 | July_2015_FINAL_2.pdf |
| Employment law can be cumbersome, and today the Firehouse Lawyer addresses three important Washington Supreme Court decisions that fundamentally altered the doctrine of wrongful discharge in violation of public policy; we also discuss the destruction of non-archival records, and an important PERC decision pertaining to light duty and unilateral changes to working conditions. | 13-10 | 2015 | 10 | October2015_FINAL .pdf |
| The Public Records Act has changed in a fundamental way, because the Washington Supreme Court has ruled that public agencies may now be charged a per-page penalty for wrongful withholding of public records; we also discuss a very important case related to bargaining subjects; charges for copying and searching for medical records; and another important case covering duty-related disability retirement. | 14-04 | 2016 | 4 | April2016FINAL.pdf |
| The laws applicable to fire districts and regional fire authorities are certainly not the same, and we consider those differences and similarities in this issue; we also discuss new litigation pertaining to worker's compensation and the "subjective findings" of treating physicians; we also outline a public records act case involving statutes of limitation. | 14-09 | 2016 | 9 | 2016SeptemberFINAL.pdf |
| The lesson for today is that written evidence of a particular fact will generally be given greater weight than an assertion of an oral understanding: put it in writing; we also consider how a union requesting information is different than a public records request; finally, we discuss how certain impending changes to the overtime requirements may in fact be halted. | 14-11 | 2016 | 11 | November2016FINAL.pdf |
| As 2016 draws to a close, let us consider our responsibilities to the public we serve, and our respect for individual human rights: Today we discuss an important Washington court case related to the use of taxpayer dollars, the right of a person not to associate with a union based on religious beliefs, and an important First Amendment case out of federal court. | 14-12 | 2016 | 12 | December2016FINAL.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. | 15-04 | 2017 | 4 | April2017FINAL.pdf |
| This is a hot issue, no pun intended: The Washington Public Employment Relations Commission recently delivered a crucial decision governing when minimum staffing is a mandatory subject of bargaining; the Washington Supreme Court rendered an opinion governing when neglectful actions may constitute a "violation of the oath of office" for purposes of a recall petition; finally, we shed light on a very important decision from a Washington Court of Appeals pertaining to when the Washington Constitution provides an exemption from the Public Records Act disclosure requirements. | 15-11 | 2017 | 11 | November2017FINAL.pdf |
| 2018 begins with a discussion of free speech in public employment; self-reporting de minimis violations of safety rules; websites and "places of public accommodation"; past practices, "joint employers" and employee handbooks on basis standards of civility; we also discussion a Washington court case that sets back firefighters. | 16-01 | 2018 | 1 | January2018FINAL.pdf |
| The Public Employment Relations Commission (PERC) recently issued a decision stating that an employer may not insist on holding collective bargaining sessions in an open public meeting, and a union may not insist on holding a bargaining session in private. | 16-10E | 2018 | 10 | October2018FINAL.pdf |
| The Firehouse Lawyers deal with annexation questions often, and today we discuss annexation consequences to regional fire authorities; we also consider (1) how arbitrators view calculating comparable wages and benefits, (2) wage subsidies for employers employing injured workers, and (3) a Washington court case involving lid lifts. | 16-12 | 2018 | 12 | December2018FINAL.pdf |
| Public-employee unions are now unable to collect "fair share" fees from members of a bargaining unit who do not wish to be associated with a union, due to the Janus opinion from the United States Supreme Court. | 16-6E | 2018 | 6 | June2018Janus.pdf |
| The Firehouse Lawyer considers the importance of privacy in the context of health care information; we also discuss potential changes to the bid laws that would impact various public agencies, disability retirement, WPFMLA leave requirements, defamation law, and the concept of "unilateral change" in labor law. | 17-03 | 2019 | 4 | MarchApril2019.pdf |
| This Thanksgiving, be thankful for your management rights, but be wary of a recent Court of Appeals decision regarding when minimum staffing constitutes a mandatory subject of bargaining; we also consider a Washington Supreme Court case involving the Public Records Act and the Washington Constitution. | 17-11 | 2019 | 11 | November2019FINAL.pdf |
| Today we discuss the highlights of all of the 2019 issues of the Firehouse Lawyer. Happy New Year! | 17-12 | 2019 | 12 | December2019FINAL.pdf |
| We should begin 2020 with a discussion of the roles and responsibilities of fire commissioners and fire chiefs, and how these two separate entities must "stay in their own lanes" to establish the goals of the agency: This article can be applied to any public agency having a "governing body" and a "CEO"; we also discuss certain Public Records Act cases and the "deferral doctrine" of the Public Employment Relations Commission. | 18-01 | 2020 | 1 | January2020FINAL.pdf |
| In this issue we discuss necessary changes to RCW 52.30.020, mandatory Covid vaccination and testing, trademarking of fire department logos, a rarely used Public Records Act exemption and the SECURE Act tax benefits for volunteer firefighters. | 19-01 | 2021 | 1 | January2021FINAL.pdf |
| Our issue today addresses the bargaining obligations of employers considering a reorganization or other changes to their business model; and we also consider various bills before Governor Inslee for signature. | 19-04 | 2021 | 4 | April2021FINAL.pdf |
| We now consider the implications of the Washington COVID State of Emergency ending October 31, 2022 and issues pertaining to the OPMA and reinstatement issues resulting from that termination. We also discuss piggybacking and a case concerning delegation. | 20-10 | 2022 | 10 | October2022FINAL.pdf |
| Today we consider an important case from the Washington Supreme Court involving collective bargaining; we also discuss EMTALA and federal grant rules applicable to publicly bid contracts. We also include a link to our next Municipal Roundtable on Fire Department Finances, taking place January 6! | 20-12 | 2022 | 12 | December2022FINAL.pdf |
| Today we consider some important labor concepts and decisions pertaining to the employer's obligation to bargain over PFMLA premiums and supplemental benefits. We also consider local elections procedures and a Public Records Act case involving the statute of limitations. | 21-05 | 2023 | 5 | May2023FINAL.pdf |