| Description | Volume_Issue | Year | Month | 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. | 05-01 | 2005 | 1 | v05n01jan2005.pdf |
| We now look to new developments to the long-established Firefighter’s Rule, which is a general rule of non-liability to firefighters, applicable to property owners whose negligence caused the emergency that led to the firefighter’s presence on the property where the fire (or other emergency) occurred; what pre-employment inquiries are or are not permitted under the ADA and WLAD; and we also consider whether study sessions are subject to the OPMA.
| 05-06 | 2005 | 6 | v05n06jun2005.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 address a myriad of issues with the Public Records Act, including giving the “fullest assistance” possible to records requestors, requiring that requests be made in writing, penalties, and records indexing; we also consider whether a discussion between two members of a governing body, when this does not constitute a majority of that body, is a “meeting” under the OPMA; there is also some legislation of interest addressing the finding in the Hangartner case that an agency cannot reject records requests on the grounds that a request is overbroad; we then briefly discuss the requirement that your agency hire a claims agent under RCW 4.96 to process claims. | 05-09 | 2005 | 9 | v05n09sep2005.pdf |
| We discuss various topics in this issue: FLSA implications with volunteers; the public disclosure commission and the use of public funds in campaigning; the Open Meetings Act and quorums; the Model Rules for the Public Records Act; and the Washington State Family Medical Leave Act: RCW 49.78. | 06-11 | 2006 | 11 | v06n11nov2006.pdf |
| This article expands on scope-of-practice issues raised by community paramedicine programs, the new Open Government Trainings Act, impact fees and an important case involving time loss. | 12-02 | 2014 | 6 | v12n02jun2014.pdf |
| Quite often, technology and the law collide, especially on social media, and this may create concerns for open meetings and public records laws; speaking of records, we also discuss the meaning of "transitory records" as that pertains to the records retention schedules; we round out our discussion with a brief analysis of an age-old doctrine of administrative law and arbitration, called "exhaustion." | 13-05 | 2015 | 5 | May_2015.pdf |
| In this issue, the Firehouse Lawyer discusses an arbitrary distinction between certain types of fire commissioners, and how this distinction has resulted in unfair, and perhaps unconstitutional, consequences. | 14-07 | 2016 | 7 | July2016FINAL.pdf |
| This month, the Firehouse Lawyer sheds light on changes to the Fair Labor Standards Act, with respect to the "white collar" exemptions; changes to the post-incident investigation procedures of employers under the Occupational Safety and Health Act; notice to third parties of public records requests, and when that notice should be given and when not; a new electronic records law that affirmatively requires local agencies in Washington to adopt policies on electronic records; a court case involving standing to sue under the Open Public Meetings Act; and finally, we discuss our involvement in an important Washington Supreme Court case. | 14-8E | 2016 | 8 | August2016.pdf |
| In this issue, the Firehouse Lawyer addresses recent case law arising under the Public Records and Open Public Meetings Acts; recent EEOC insights into inquires into disabilities, and how that relates to conditional offers of employment; and finally, we introduce a new column in honor of Bill Jarmon: Safety Bill. | 15-01 | 2017 | 1 | January_2017_FINAL.pdf |
| This article discusses proposed legislation that may result in the pro-rationing of junior taxing districts' levies across Washington State; an unpublished court opinion discussing whether an email exchange violated the Open Public Meetings Act; the appointment of auditing officers to pay certain claims prior to Board approval; the burdens of proof in "occupational disease" cases for firefighters seeking L&I benefits; finally, we include our monthly Safety Bill column, which enumerates the importance of safety checklists. | 15-02 | 2017 | 2 | February2017FINAL.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 |
| 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 |
| Today we consider what your agency should do with grant money it receives during the Covid-19 pandemic; we also discuss the status of Governor Inslee's order on in-person meetings, and an important case involving the public duty doctrine. | 18-04 | 2020 | 4 | April2020FINAL.pdf |
| Today we provide a link to our previous issue and also discuss when the restrictions on "action" taken under the Open Public Meetings Act expire. | 18-05 | 2020 | 5 | May2020FINAL.pdf |
| This issue addresses negotiations with Tribes on fire protection contracts, and how the withdrawal statutes may impact them; we also discuss an important case involving "serial meetings" under the Open Public Meetings Act. | 18-09 | 2020 | 9 | September2020FINAL.pdf |
| In this issue, we discuss a medical negligence case from the Court of Appeals that could have impacts on our fire service readers; we also discuss the pitfalls of "agenda setting" by commissioners, and some 2021 Legislation of Interest. | 19-02 | 2021 | 2 | February2021FINAL.pdf |
| We consider a variety of issues today including new L&I guidance on mask-wearing, the new long-term care law, session laws pertaining to data-sharing and excessive force, a Public Records Act case involving Youtube, medical records retention, and the Affordable Care Act. | 19-05 | 2021 | 6 | MayJune2021FINAL.pdf |
| Today we consider whether a governing body may hold all-virtual meetings after Proclamation 20-28 is no longer the law of the land; we also discuss when a first responder may have a duty to act at a particular scene, and how the Norg case is very important in that analysis. | 19-07 | 2021 | 7 | July2021FINAL.pdf |
| | 19-5E | 2021 | 6 | June2021Extra.pdf |
| We now discuss pending legislation that would require public agencies to permit public comment periods during their regular meetings; we also discuss alienage discrimination, an update on King County litigation, and the status of the federal vaccine mandates. | 20-01 | 2022 | 1 | January2022FINAL.pdf |
| | 20-3E | 2022 | 3 | March2022Extra.pdf |
| We released this extra to inform public agencies that Proclamation 20-28 is rescinded effective June 1, 2022, and therefore, from June 1 forward, governing bodies must hold public meetings in a physical location, with limited exceptions for declared emergencies. | 20-5E | 2022 | 5 | May2022ExtraFinal.pdf |