| Description | Volume_Issue | Year | Month | PDF |
| Now the Firehouse Lawyer highlights legislation in 1999 involving EMS Levies, fire district annexation, municipal officers and contracts, pension benefits, fire insurance premium taxes, drug administration, and 911 Telephone Systems; then we consider a case in which the Washington Supreme Court held that there is no cause of action for refusal to hire or re-hire someone. | 03-06 | 1999 | Jun | View 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 | Jan | View PDF |
| This issue discusses important new legislation on response times, the “two-in two-out” rule; and various legislative changes to the PRA and OPMA, and other laws. | 05-03 | 2005 | Mar | View PDF |
| This issue addresses compensation for volunteers injured on the job, as reflected in a recent case decided by the Washington Supreme Court; we also address the implications of Initiative 901, the anti-smoking law; and finally, we talk about plans for continuation of government in the event of an emergency. | 05-12 | 2005 | Dec | View PDF |
| Today we discuss what constitutes “adverse action” under Title VII, in the context of retaliation claims; a new law addressing the response standards for “substantially career” fire departments; RCW 70.160, which relates to smoking indoors, and policies of fire departments that may be required to comply with that law; and general issues with releasing medical records under HIPAA. | 06-01 | 2006 | Jan | View 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. | 06-03 | 2006 | Mar | View PDF |
| This article addresses recent legislation pertaining to "substantially career" fire departments; various administrative code provisions related to job classifications as they affect L&I rates for employers; I-747 being stayed by our Supreme Court; and some age discrimination issues. | 06-09 | 2006 | Sep | View PDF |
| This article addresses social security issues, and legislative changes in the multi-year "lid lift" and fire-commissioner compensation laws. | 07-05 | 2007 | May | View PDF |
| This issues addresses a property tax law passed by our state legislature on the boundaries of taxing districts; provisions of a random law: the Federal Flag Code; and the importance of comparing the wages and other benefits of comparable jurisdictions during interest arbitration. | 07-06 | 2007 | Jun | View PDF |
| This article addresses the propriety of political signs being placed on fire district property, and various legislative enactments and non-enactments, particularly with respect to the pension systems. | 07-08 | 2007 | Aug | View PDF |
| Please be patient while we update our newsletter index. This issue, published in 2008, discusses an NLRB decision on the use of email to conduct union business, and some legislation addressing lifting the bid limit. | 08-02 | 2008 | Feb | View PDF |
| Here we discuss changes in the Washington Family Medical Leave law, and implementing policies for releasing photos. | 08-07 | 2008 | Jul | View PDF |
| Today we consider the implications of deflation to the collection of property taxes, and various legislative changes in 2009. | 09-05 | 2009 | May | View PDF |
| This issue involves the question of whether time spent by a firefighter when training or travelling may go toward overtime under the FLSA, and also involves some legislation pertaining to firefighter-immunity from liability when engaged outside of their districts, and the posting of meeting agendas on websites. | 10-02 | 2010 | Feb | View PDF |
| This article addresses what steps fire departments should take to ensure that they can properly collect impact fees on new development, and also addresses new legislation involving shared leave, the Public Records Act, annexation issues, and duty-related deaths. | 10-03 | 2010 | Mar | View 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. | 12-01 | 2014 | Mar | View PDF |
| This article addresses three house bills, one involving community paramedicine, another involving state mobilization, and another involving reimbursement for transports of Medicaid patients. All of these Bills are well-drafted and favored by the Firehouse Lawyer. | 13-03 | 2015 | Mar | View PDF |
| Today, the Firehouse Lawyer shall discuss the importance of bills before the Washington Legislature; we shall also consider two very important cases before the United States Supreme Court, one relating to First Amendment retaliation claims, and the other related to the constitutionality of requiring non-represented public employees to pay representation fees. | 14-01 | 2016 | Jan | View 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 | Aug | View 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 | Feb | View 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 | Apr | View PDF |
| Contracts for services are an under-utilized alternative to the property tax, and we discuss this today, as it pertains to contracts with housing authorities; we also discuss a new bill impacting Medicaid fraud investigations in Washington State; the doctrine of incompatibility of public offices; our potential new business model; and finally, we have our Safety Bill, discussing deadlines for training under WAC 296-305. | 15-05 | 2017 | May | View PDF |
| Today we consider a pair of bills that relate to "no man's lands" and exemptions from double taxation; we also discuss the use of consumer reports in the employment context, whether elected officials are "employees" under the Washington State Paid Family and Medical Leave Act, and the duties of incident commanders. | 17-02 | 2019 | Feb | View 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 | Apr | View PDF |
| Because the wildfire season is essentially here, we thought it would be appropriate to discuss "abatement" costs and whether certain fire departments may recoup those costs; furthermore, we consider HIPAA, legislative changes pertaining to piggybacking, the "buddy system" under the safety regulations, a case involving the public disclosure rules, off-duty misconduct, and affirmative action. | 17-05 | 2019 | May | View PDF |
| Today we discuss the highlights of all of the 2019 issues of the Firehouse Lawyer. Happy New Year! | 17-12 | 2019 | Dec | View PDF |
| We do not normally discuss pending legislation, but we found some interesting bills before the Washington State Legislature related to health clinic services, the Public Records Act, and the PFMLA, to be interesting. | 18-02 | 2020 | Feb | View PDF |
| We wish to issue a correction of our previous issue: The tax breaks provided under the Families First Coronavirus Response Act do not apply to local governments. | 18-2E | 2020 | Feb | View 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 | Jan | View 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 | Feb | View 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 | Apr | View 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 | Jun | View 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 | Jul | View PDF |
| Today we consider various bills of interest before the Washington Legislature, and invite our readers to our first virtual Municipal Roundtable. | 20-02 | 2022 | Feb | View PDF |
| This issue discusses what "tax increment financing" is and how it may impact your agency. We also discuss our upcoming Municipal Roundtable on financing mechanisms, and the small works and vendor-list rules. | 20-11 | 2022 | Nov | View PDF |
| Today we comment on pending legislation relating to the 1% lid and its likelihood of passage. We also discuss bid challenges and the seconding of motions | 21-02 | 2023 | Feb | View PDF |
| In this issue we discuss the Washington Silenced No More Act, along with a recent finding of the NLRB regarding non-disparagement clauses; we also consider issues with breaking up projects for purposes of avoiding bid thresholds, and an upcoming training by Eric Quinn on DEI programs. | 21-03 | 2023 | Mar | View PDF |
| In this edition we discuss how the 103% lid bill did not yet pass, and provide a brief description of some FLSA exemptions and cooperative purchasing. | 21-04 | 2023 | Apr | View 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 | May | View PDF |
| Our lead article today discusses tax increment financing in even more detail; we also discuss a First Amendment case, and issues related to fire-commissioner compensation, eminent domain, lien claims and contractor bonds. | 22-01 | 2024 | Jan | View PDF |
| In today's article we discuss a WA Court of Appeals case that could be helfpful to the argument that tax increment financing is unconstiutional; we also consider some bills of interest and new rules that are set to take effect relating to independent contractors. | 22-02 | 2024 | Feb | View PDF |
| Today we consider many issues that arose in 2024 and how we have dealt with them; we also consider a public-records case and a change in the law relating to pro and con committees. | 22-12 | 2024 | Dec | View PDF |
| Our lead article today discusses tax increment financing in even more detail; we also discuss a First Amendment case, and issues related to fire-commissioner compensation, eminent domain, lien claims and contractor bonds. | 22-1E | 2024 | Jan | View PDF |
| This issue discusses potential and actual changes to EMS billing practices; we also discuss changes in the sick-leave laws, DEI initiatives and a law relating to job postings. | 23-01 | 2025 | Jan | View PDF |
| Today we discuss policies on electronic fund transfers, benefit charges in Indian Country, the use of photos in the hiring process, a Public Records case, and legislation of interest, in addition to announcements regarding upcoming training opportunities. | 23-02 | 2025 | Feb | View PDF |