The Firehouse Lawyer Newsletter

Results for newsletters with the topic “Powers of Municipal Corporations

We now consider a myriad of issues, or “traps for the unwary”, under the public bidding laws, including confusions about the definition of “public work”, electronic data processing and telecommunications systems, small works rosters, prevailing wage laws, and many more; we also encourage a “pooling of resources” to further planning and professionalism in the fire service. 02-0619986v02n06jun1998.pdf
Now we consider a federal court case discerning whether city firefighters may serve as private rescue squad volunteers without mandating overtime or minimum wage payment under FLSA; the payment of compensatory time in lieu of overtime; various examples of on-call pay disputes under FLSA; and to conclude, we discuss whether employment contracts may extend beyond an elected official’s term. 02-10199810v02n10oct1998.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. 02-12199812v02n12dec1998.pdf
Here we discuss a US Supreme Court case involving the Fair Labor Standards Act, and the relative rights and powers of employers and employees pertaining to the use of compensatory time; whether fire districts are free under the law to change their names to whatever the fire commissioners decide; the issue of securing an emergency scene to ensure highway safety without subjecting your fire department to liability for negligence; we also remind our readers that the FMLA only applies to private and public employers having 50 or more employees; and finally we talk about RCW 46.44, which contains a law involving the weight limits applicable to fire engines. 04-0520005v04n05may2000.pdf
We now consider issues relevant to fire departments staying effective in the event of a pandemic or a widespread disaster; various bills of interest, ranging from retirement to collective bargaining issues; and then we discuss the Family and Medical Leave Act, and the requirement that health professionals certify that a health condition is serious. 06-0320063v06n03mar2006.pdf
This may be controversial, but today we discuss whether a fire district may act as its own general contractor when performing specific projects without running afoul of the public bid laws. 09-0820098v09n08aug2009.pdf
This issue covers four items: (1) what constitutes "unprofessional conduct" that may be reported to the Department of Health; (2) whether fire departments can trademark their logos; (3) "concerted activities" under the NLRA and Washington law; and (4) some bills of interest involving records training and meeting agendas. 12-0120143v12n01mar2014.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
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. 14-09201692016SeptemberFINAL.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. 14-9E20169September2016CORRECTION.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
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. 16-12201812December2018FINAL.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. 19-0120211January2021FINAL.pdf
This issue concerns the scope of authority that can be delegated by a legislative body to an administrator such as a fire chief; we also discuss an important involuntary treatment/detention court case. 20-0420224April2022FINAL.pdf
In this article we discuss a recent opinion by the United States Supreme Court, holding that an elected body has the constitutional authority to censure one of its own members. We also provide a link to our upcoming Municipal Roundtable on DEI Programs. 20-0620226June2022FINAL.pdf
This issue focuses on cooperative purchasing, a recognized exception to the bid laws. We also consider an important case pertaining to the mask mandate and the non-delegation of rulemaking (legislative) authority. 20-0820228August2022FINAL.pdf
This issue considers a recent court case filed by a Native American Tribe against a Washington State Regional Fire Authority and the issues it presents; we also discuss issues surrounding the formation of commissioner associations, and a change in the standard for "undue hardship" in religious discrimination cases. 21-0720237July2023.pdf
This issue discusses the interests of Native American Tribes vis-a-vis the State/local governments, as measured by precedent of the US Supreme Court. We also discuss tax increment financing. 21-0920239September2023FINAL.pdf
In this article we discuss the creation of emergency medical service (EMS) districts, and we also consider an argument that the TIF Laws (RCW 39.114) violate RCW 43.09.210. 21-10202310October2023FINAL.pdf
This issue discusses some upcoming training opportunities, a major change to RCW 52.14.110 involving public works by regularly employeed personnel, and an important Title VII case. 22-0420244April2024.pdf
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