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Focus Archive - Legal

Please note that Focus section links were valid at the time of their original posting. However, since Web sites and addresses change frequently, we cannot guarantee that all links will remain operative.

Web Sightings - Open Government (June 21)
Open government starts at the top with President Obama’s federal Open Government Initiative; it also involves state and local government. Here are a few selected sites on open government and open public meetings:

Liability Aspects of Bikeways (May 19)
A recent report from the Transportation Research Board, Liability Aspects of Bikeways, explores the liability of public entities for bicycle accidents on bikeways as well as on streets and highways.

High Court Considers Employee Privacy Rights (May 12)
The case will determine whether employees have an expectation of privacy when using employer-provided electronic devices. More from NACo's County News.

Public Records Officer Training 101 (May 11)
The Washington Association of Public Records Officers (WAPRO) and the Washington Cities Insurance Authority (WCIA) are partnering to provide Eastern Washington public records officers an opportunity to attend Public Records Act - 101 training on May 19 (Spokane), June 10 (Moses Lake) or June 11 (Yakima).

Public Records Act Amendment (April 28)
A legislative amendment of RCW 42.56.520 allows local governments to respond to records requests by providing individuals with a link to where the documents are posted on the agency’s website. If the person does not have web access, the agency must still provide copies for review or inspection in the standard way. The amendment is effective June 10th. For details see SSB 6367.

The Web 2.0 Paper Trail Problem (January 06)
Social networking technologies are creating potential new challenges for government transparency. More from Governing.

Public Records Seminar (December 16)
The newly-formed Washington Association of Public Records Officers is sponsoring an all-day seminar on Public Records 101 at the McGavick Center in Lakewood on Tuesday, January 26, 2010. All public employees who assist with Public Records Act compliance and want more knowledge about the Public Records Act should attend. For more information, see the seminar announcement.

Public Records Act Publication Revised (December 09)
We have completed significant revisions to our Public Records Act publication. It can be accessed online, and it will now be regularly updated online. Information regarding disclosure and preservation of electronic records has been added, as well as citations to recent cases and research sources.

Preparing for and Responding to Issues Relating to the H1N1 Influenza Virus (October 21)
Even in times of a flu pandemic, employers must still abide by anti-discrimination laws such as the Americans with Disabilities Act ("ADA") and Title VII of the Civil Rights Act of 1964. More from Lane Powell's Labor and Employment Legal Update.

MRSC Services Survey (October 21)
MRSC is conducting a brief survey to assess whether or not our existing services are meeting your needs and to determine your interest in any additional services. We would appreciate your taking a few minutes to respond to these nine questions. Thank you.

MRSC's In Focus e-Newsletter for Councilmembers and Commissioners (May 20)
MRSC's bi-weekly In Focus e-newsletter is an excellent way for your elected officials to stay informed about the latest news, research, events and trends affecting Washington city and county governments. Sign them up today.

Identity Theft Red Flag Rules Delayed Until August 1 (May 13)
The Federal Trade Commission will begin enforcement of the 'red flags' rule requiring creditors and financial institutions to have identity theft prevention programs on August 1, 2009. For more information, see FTC News Release of April 30, 2009 and MRSC's "Identity Theft Red Flags Rules" Web Page.

Public Records Disclosure Requests By Inmates (April 30)
If an inmate is using the public records act disclosure process to harass or annoy public agencies or public employees, there is a new law that provides a process to obtain a court order enjoining (prohibiting) such conduct. This new legislation will have limited application, but could be very helpful to those agencies that are impacted. See SSB 5130, Laws of 2009, Chapter 10.

Celebrating 75 Years of Research and Services! (April 23)
MRSC proudly continues the program begun as the Bureau of Governmental Research and Services in 1934 at the University of Washington. In honor of our organization’s 75th anniversary, we hope that you will enjoy a multimedia slideshow containing highlights of our history. Also see “Twenty-Five Years of Governmental Research and Service” prepared in honor of the Bureau’s 25th anniversary in 1959.

MRSC Blog: Selected Local Government Press Releases (April 22)
We have launched our blog containing selected local government press releases to keep you informed on new Washington local government programs and initiatives. Each entry is assigned a category (finance, planning, etc.) and a tag (wetlands, urban forestry, etc.) so you can sort them by topic. If you have not already done so, please add blog@mrsc.org to your agency's press release distribution list.

Clogged by the Law (February 26)
Overflowing with obstacles and confusing requirements, a new pool drain law makes compliance tough for pool operators. More from Parks & Recreation.

Stimulus Plan Provides Subsidized Cobra Coverage (February 26)
The American Recovery and Reinvestment Act of 2009, also known as the “economic stimulus plan” includes a federal subsidy, for up to nine months, of 65% of the cost of COBRA continuation coverage for employees who lose group health insurance coverage between September 1, 2008 and December 31, 2009 due to involuntary termination. More from K&L Gates Compensation and Benefits Alert.

New FMLA Posters Required (February 24)
Federal regulations for the Family Medical Leave Act (FMLA) have been amended, and revised posters outlining FMLA rights are required to be posted in the workplace. Though private companies may offer to sell you the posters, we recommend that you obtain the posters for free through the US Department of Labor.

Be Sure to Use New I-9 Forms (January 08)
Beginning February 2, 2009, all employers, including local governments, must use a new edition of the U.S. Citizenship and Immigration Services (USCIS) Form I-9 to verify that their new employees are eligible for employment. USCIS has prepared an information sheet about the verification process and use of the new forms. The new form will be available on the USCIS Web site.

Holiday Decorations on Public Property (November 07)
As the Holiday Season approaches, it is time for municipalities to begin preparing for what has become a recent American holiday tradition-litigation over seasonal religious displays in public places. More from the Illinois Municipal Review.

AG Opinion: State Law Preempts City Authority to Ban Guns on City Property (October 23)
Washington cities do not have the authority to adopt local laws to ban guns on city property according to an opinion (AGO 2008, No. 8) just issued by the State Attorney General's office.

Feds to Redefine ADA Accessibility Rules (October 23)
In May, U.S. Attorney General Michael Mukasey approved several proposed changes to the Americans with Disabilities Act (ADA) that, if approved, will affect designs of new government buildings and might force local governments to alter existing buildings. More from American City & County.

Court Sides with Locals on Wireless Siting (October 02)
The 9th U.S. Circuit Court of Appeals reversed itself earlier this month saying that counties and cities can regulate the placement and appearance of wireless poles and towers. More from NACo's County News.

Good Question! (October 02)
Regular users of this site know that we feature an "inquiry of the week" on the MRSC home page (see right-hand column). We have now incorporated a compilation of these questions and responses into the MRSC Index. The MRSC Index is a one-stop listing of all web pages, documents and inquiries that we have on any given topic. Browse the index by topic or search it by keyword.

Local Government Budget Library (October 02)
MRSC maintains an extensive collection of local government budgets organized by city, county and special purpose districts. We also link to online budgets (along with other documents and services) within the profiles that we maintain for each city and county.

Proposed Changes to Americans with Disabilities Act (September 11)
Some proposed changes to the Americans with Disabilities Act (ADA) are aimed directly at state and local governments and could amend the definitions of discrimination in the use of government services and facilities. More from American City & County.

New Feature - National News Clippings (September 04)
We've added a new feature to our "Local Governments in the News" section below. Now, in addition to our regular local news source clippings, we will also be featuring news clippings from various national news sources highlighting current events, trends and other news affecting Washington city and county governments and special districts.

Public Records Act Case Law Update (August 28)
In the last few months, the Washington Courts have issued five Public Records Act (PRA) opinions on several key issues. More from Foster Pepper News Alerts.

Quick Links to City/County Information (July 17)
MRSC recently expanded the types of key documents (e.g., budgets and comp plans) and services (e.g., council broadcasts and online service request forms) that we track in our "city profiles" page. Use these profiles for quick access to city and town documents and services. For county information, see our "county profiles" page.

Justice Department Issues New ADA Regulations (July 03)
The Department of Justice’s Civil Rights Division recently issued a notice of proposed rulemaking designed to update the Americans with Disabilities Act (ADA) regulations dealing with state and local government services. More from Nation's Cities Weekly.

Receive RSS Feeds of In Focus (May 23)
We’ve added another option for you to receive information from MRSC: RSS Feeds. Simply click on the RSS button MRSC In Focus RSS Feed to create an “MRSC In Focus” folder in your email program or RSS reader. You will automatically begin receiving updates to our main Focus page, “Local Governments in the News,” the four Advisor columns, and our “What’s New” section. You can unsubscribe at any time by simply deleting the folder from your RSS reader or email program.

Contractual Conflict of Interest Issues (May 01)
The prohibitions in chapter 42.23 RCW relating to conflicts of interest are broad in scope and may surprise you. If you are a municipal officer, it is important to take them seriously and act in accordance with the requirements of this chapter. More from Municipal Research News.

Legislative Gem - Limited Liability Companies for Interlocal Agreements (April 17)
Every once in awhile a little gem appears from deep within new legislation enacted in Olympia. A recent amendment to the state Interlocal Cooperation Act will now allow local governments to form limited liability companies as the legal framework for any type of cooperative project among public agencies. More from Hugh Spitzer, Attorney, Foster Pepper PLLC

Open Government Forum (April 17)
The William O. Douglas Professional Chapter of the Society of Professional Journalists, Washington State University Tri-Cities and Tri-City Herald will be hosting a forum on Washington’s open meetings and open records laws on Thursday, April 24 in Richland.

Small City Resource Manual Released (March 27)
AWC's recently released Small City Resource Manual provides elected and appointed officials with information on navigating the complexities of policy making, governance and operational matters.

Locate Sample Ordinances, Contracts, RFPs (March 13)
You can use MRSC's search system to locate a wide variety of local government documents. Note the new options to the right of your search results that allow you to limit your results by agency type, population range, region, form and class of government. Watch a brief tutorial to learn more about using our advanced search features.

Informal AG Opinion on Street Gang Ordinances (November 20)
The attorney general's office has issued an informal opinion on the constitutionality of criminal street gang ordinances that have been enacted or are being considered by a number of eastern Washington cities.

Initiative 747 Unconstitutional (November 08)
The Washington Supreme Court, in a 5-4 decision, has held that Initiative 747, passed by the voters in 2001 to limit property tax levy increases, is unconstitutional. See also the dissenting opinion.

Court Rules on Local Shoreline Development Moratorium (October 11)
In a 5-4 decision, the state supreme court in Biggers v. City of Bainbridge Island overturned the city's moratorium on shoreline development. However, five justices held that local governments have authority to enact moratoria on shoreline development without being in conflict with the Shoreline Management Act. See concurring and dissenting opinions.

Virginia's Dangerous Dog Registry (July 23)
Virginia's Department of Agriculture and Consumer Services' Dangerous Dog Registry is a new online service that lists dogs that have been declared dangerous by the courts. The registry site includes legislation and Virginia's regulations governing dangerous dogs, forms for use by animal control officers and owners of dangerous dogs, and the database containing the location of dangerous dogs in the Commonwealth. See also a New York Times article, States Weigh Safety With Dog Owners’ Rights.

Washington Model Rules for Disclosure of Electronic Records (June 28)
After an extended period of review, during which substantial public comment was solicited, the Model Rules dealing with public disclosure of electronic records have been issued. These additions to the current Model Rules will go into effect on July 16, 2007. We suggest that you print out a copy and keep them handy. Link to the new rules.

New ADA Technical Assistance Materials (May 15)
The Department of Justice recently released new technical assistance materials to help state and local governments comply with the Americans with Disabilities Act (ADA). More from Government Technology.

U.S. Supreme Court Sides with Local Governments (May 09)
On April 30th, the U.S. Supreme Court handed down two rulings favorable to local governments. The National League of Cities (NLC) joined amicus briefs in support of the prevailing parties in both cases. More from Nation's Cities Weekly.

Court Approves Agreements among Cities for Court Services (May 03)
In a May 3 decision (City of Medina v. Primm), the state supreme court upheld interlocal agreements by a number of cities to share municipal court facilities. The supreme court determined that each municipal court had the authority to hear cases outside the geographical boundaries of their respective city.

New Search Technology from MRSC (February 01)
MRSC now offers the latest search technology for city and county codes. If we currently host your code, we’ll be contacting with you the updated link to add to your Web site. If we don’t yet host your code, contact us to find out how this technology can provide your staff, businesses and the public at large with easy access to land use and zoning regulations as well as to the rest of your code.

NACo's County Codes and Ordinances (January 10)
The National Association of Counties’ (NACo) "County Codes and Ordinances" Web page offers a access to a large collection of county codes and ordinances pertaining to selected subject areas.

Supreme Court to Hear Garbage 'Flow Control' Case (December 28)
In a pivotal case for counties, the U.S. Supreme Court will take on the issue of solid waste flow control that could decide once and for all the legalities of flow control. More from NACo's County News.

The Billboard Shakedown Scheme (November 22)
Over the past few years, there has been a sharp spike in the number of lawsuits filed against municipalities seeking to strike down the entirety of a municipal sign code. More from The Commissioner.

Booking Fees Without Hearings Found Unconstitutional (September 06)
The U.S. District Court in Spokane decided on August 29 in Huss v. Spokane County that RCW 70.48.390, the statute authorizing jails to require persons booked into jail to pay a booking fee, is unconstitutional. See also a Seattle Times discussion of this case.

New MRSC Publication on Public Records (June 28)
Our latest publication, Public Records Act for Washington Cities and Counties (Adobe Acrobat Document704kb), incorporates the new statutory numbering system and includes recodification tables with references to the Attorney General's Model Rules. The report also discusses disclosure exemptions and mandatory procedures for responding to records requests. Paper copies will be mailed to city clerks, city attorneys, and county prosecutors shortly.

Supreme Court Narrows Speech Protection Rights for Public Employees (June 20)
The Supreme Court ruled that the First Amendment provides no protection for speech made by public employees in the course of their official job duties in a 5 - 4 decision on May 30. More from NACo's County News.

New Law Authorizes Posting of Interlocal Agreements (May 24)
A new state law (Ch 32, Laws of 2006) provides, as an alternative to filing interlocal agreements with the county auditor, that public agencies may now post them on their web site or other electronically retrievable public source. More from MRSC.

New Ask MRSC E-newsletter (January 18)
Ask MRSC is a free, subscription-based, monthly e-mail newsletter featuring answers to selected questions received by our consultant staff. It's one more way for you to stay informed on current issues affecting city and county government. View a sample issue or go directly to our subscription page and sign up to receive Ask MRSC today. It's free!

Web Sightings 2005 (January 18)
In case you missed them, here's a look back at 2005's Web Sightings:

Opening the Mail (June 01)
When is an e-mail like a phone call — and when is it a public record or a secret meeting? More from Governing.

Legal War Brews in Oregon over Land Use Rights (May 04)
There's a new challenge to Oregon laws aimed at controlling suburban development. More from National Public Radio.

Court Cases Victories for Municipalities (March 29)
Municipalities scored victories in two recent Supreme Court decisions focusing on search and seizure rules and whether individuals and companies can receive monetary damages when local governments deny wireless towers. More from Nation’s Cities Weekly.

Public Art Displays Carry Legal Risks (March 01)
Several laws apply to city-sponsored art exhibits. Knowing the basics of these laws can prevent costly litigation. More from American City & County.

Web Sightings – Takings and Property Rights (February 09)
Following the November 2004 adoption of Measure 37 by Oregon voters, Washington and other states are facing the possibility of similar property rights initiatives. Measure 37 requires state and local government to compensate property owners for regulations that restrict the use of property and reduce its fair market value, or not apply the regulation. A ballot proposition like Measure 37 imposes compensation requirements based on local government land use regulations that go far beyond the compensation requirements of the takings clauses of the federal and state constitutions. Here are some links to Web sites that address property rights and land use regulation, including issues of takings and compensation:

Open Meetings, Open Records, Open Eyes (February 09)
Failure to comply with open records laws can get counties and cities in a whole heap of trouble, not to mention embarrassment. More from American City & County.

Get MRSC Web Site Updates and Quarterly Newsletter by E-mail (January 04)
Subscribe to MRSC's free bi-weekly Web site updates and quarterly newsletter and get all of the latest local government news and information delivered right to your desktop.

Web Sightings - 2004 (January 04)
In case you missed them, here's a look back at 2004's Web Sightings: