The Firehouse Lawyer Newsletter

Results for newsletters with the topic “Open Public Meetings Act

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
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. 05-0620056v05n06jun2005.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. 05-0820058v05n08aug2005.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. 05-0920059v05n09sep2005.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 49.78.06-11200611v06n11nov2006.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.12-0220146v12n02jun2014.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." 13-0520155May_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.14-0720167July2016FINAL.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. 14-8E20168August2016.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. 15-0120171January_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. 15-0220172February2017FINAL.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. 15-11201711November2017FINAL.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.16-10E201810October2018FINAL.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. 18-0420204April2020FINAL.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. 18-0520205May2020FINAL.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. 18-0920209September2020FINAL.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.19-0220212February2021FINAL.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. 19-0520216MayJune2021FINAL.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. 19-0720217July2021FINAL.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.20-0120221January2022FINAL.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. 20-10202210October2022FINAL.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!20-12202212December2022FINAL.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. 20-5E20225May2022ExtraFinal.pdf
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