Ask MRSC Archives

No. The provision at RCW 42.30.070 in the Open Public Meetings Act (OPMA) related to establishing a regular meeting s chedule merely requires appropriate legislation (an ordinance, since this is a city) establishing the schedule. The adoption of an ordinance does not require a public hearing unless a specific statute directs it (e.g., for budget adoption or to adopt development regulations). The city could choose to hold a public hearing for transparency purposes, but it isn’t required. The ordinance amending the schedule would also be on the meeting agenda and the public will have an opportunity to provide public comment before final action (see RCW 42.30.240).

RCW 39.04.320(1)(a)(ii) says that the reduced $1.5 million threshold applies to all public works contracts “advertised for bid on or after July 1, 2026…”

It is our opinion that the initial advertisement date would be the controlling date, as that is the date your agency officially announces to bidders that the project exists.

If your public works contract is initially advertised on June 30 or earlier, and the estimated project cost is more than $1.5 million but less than $2 million, we do not believe your project is subject to apprenticeship utilization requirements under state law—even if subsequent advertisements occur after July 1.

If you are seeking a legal opinion, we suggest reaching out to your agency attorney. MRSC provides legal guidance and it is not a substitute for the advice of an agency’s legal counsel.

Depending on the specific language of the agency’s policy, the expenditure may be considered “airfare cancellation protection” or something similar. This may not be considered “personal trip insurance” if it directly benefits the employer if a trip is canceled. Accordingly, there may not be a direct benefit to the employee. This may also depend on who paid the costs upfront.

Your policy should clearly establish the general rules for travel and business expense reimbursement, as well as any exceptions to the normal rules. Reimbursable expenses should serve a fundamental public purpose and be reasonable. Some policies establish a list of non-allowable expenses. If the policy doesn’t address this kind of charge, we suggest updating it to prevent future confusion.

You could also reach out to the State Auditor’s Office, who may be able to provide another perspective from an audit standpoint.

For more information, please see our page on Travel and Expense Reimbursement Policies.

State law prohibits discharging a firearm in any public place or place where someone may be endangered by the discharge. See RCW 9.41.230. Violations of this provision are gross misdemeanors.

Local governments also have limited authority to enact laws involving discharge of firearms within their jurisdiction where there is a reasonable likelihood that humans, domestic animals, or property will be jeopardized. See RCW 9.41.300(3)(a).

We also recommend that you discuss this matter with your town attorney or local law enforcement if this is an ongoing concern. Our guidance is general and not a substitute for the advice of the town’s legal counsel.

The fact that a public records requestor may have used ChatGPT or another artificial intelligence (AI) tool to write or assist in writing a records request does not mean that a public agency can deny the request. If it is a request for identifiable records, it is a legitimate request and must be treated as any other request.

The provision at RCW 42.56.080(3) related to “bot requests” was passed by the legislature to address a specific practice of an agency receiving multiple computer-generated requests in a 24-hour period. It reads:

An agency may deny a bot request that is one of multiple requests from the requestor to the agency within a twenty-four hour period, if the agency establishes that responding to the multiple requests would cause excessive interference with other essential functions of the agency. For purposes of this subsection, "bot request" means a request for public records that an agency reasonably believes was automatically generated by a computer program or script.

This provision has limited applicability and would not cover this scenario where a person has utilized AI to draft or assist in drafting a request.

If the request is difficult to understand, you can seek clarification from the requestor. That is one option for an agency’s “five-day response”. See RCW 42.56.520(d). You could also reach out to the requestor to see if they may want to narrow the request—although this is not a sufficient “five-day response” per RCW 42.56.520, and a requestor is not obligated to do so. Even if you seek clarification on parts of the request, you should begin fulfilling the parts that are clear.

MRSC’s Flexibility in Environmental Regulation page provides some examples of TDR county programs, including the following:

• Kitsap County Code Ch. 17.580
• King County Transfer of Development Rights

The Department of Commerce also has a Transfer of Development Rights webpage which includes examples of several programs, including some from Western Washington cities and the following counties:

• Snohomish County Transfer of Development Rights
• Whatcom County Code Ch. 20.89

And here are two additional county programs not referenced on those pages:

• Pierce County Transfer of Development Rights
• Thurston County Transfer or Purchase of Development Rights

Shared documents pose a problem for legislative bodies because of OPMA concerns. It is perfectly OK for a quorum of the body to view the same document outside of a public meeting (this is a passive receipt of information). However, because an action under the OPMA includes “discussion,” once a quorum starts commenting/viewing the other members’ changes to a shared document, there is a problem.

To be a “meeting” under the OPMA, (1) a majority of the legislative body “meets,” (2) with the collective intent to transact official business, (3) and during the “meeting,” the members took “action” as defined by the OPMA— which includes discussions or deliberations. MRSC has a blog post, What Constitutes a Serial Meeting under the OPMA?, that provides more information on the “collective intent” to transact official business.

MRSC’s assessment is that if all members of the governing body are aware that the other members have access to the same document, and the members shared comments on the document, there would be OPMA concerns.

Here are some alternative ideas:

• Allow less than a quorum to access and comment on the shared document (and do not let the remainder of the members see those changes until the meeting).
• Rather than allowing a quorum to comment and view others’ comments on a shared document, allow each member to share their comments with staff, which staff can then consolidate and share at the open public meeting (but not before).

Potentially yes, however, the commissioner should consult with the district’s legal counsel for an opinion based on state law and any adopted district policies/procedures.

In general, the Code of Ethics for Municipal Officers (chapter 42.23 RCW) prohibits municipal officers from using their positions to secure special privileges or special exemptions for themselves or others, and from entering into certain contracts or having other personal financial interests with their jurisdictions. A park district commissioner is included in the definition of municipal officer. Employment with one’s own agency is considered a contract relationship.

RCW 42.23.030 specifically prohibits a municipal officer, or their office, from directly or indirectly receiving a financial benefit from a contract if the contract is made by, through, or under the supervision of the municipal officer. Any contract entered into by a municipality in violation of this prohibition is void.

The provision limiting interests in contracts does have some limited exceptions that may apply to officers working as employees, including RCW 42.23.030(5) & (6)(a):

(5) The employment of any person by a municipality for unskilled day labor at wages not exceeding $1,000 in any calendar month. The exception provided in this subsection does not apply to a county with a population of 125,000 or more, a city with a population of more than 1,500, an irrigation district encompassing more than 50,000 acres, or a first-class school district;

(6)(a) The letting of any other contract in which the total amount received under the contract or contracts by the municipal officer or the municipal officer's business does not exceed $3,000 in any calendar month.

MRSC’s page on Ethics and Conflicts of Interest provides an overview of the ethics and conflict of interest laws that apply to municipal officers, including prohibited uses of public office, special privileges and exemptions, contract interests, remote interests, and exceptions.

As indicated, the park district commissioner should consult with their agency’s legal counsel before also accepting employment with their own district.

Under Washington law, there are no specific requirements or standards for public access like day use parks. State law allows each cemetery district to establish its own regulations. Accordingly, public access rules are a matter of local discretion.

Here’s a summary of the applicable law:

Chapter 68.52 RCW is the statute governing public cemeteries and morgues generally. See RCW 68.52.030:

Counties and cities may provide for burial, acquire cemeteries, etc.

Each and every county, town or city, shall have power to provide a hearse and pall for burial of the dead, and to procure and hold lands for burying grounds, and to make regulations and fence the same, and to preserve the monuments erected therein, and to levy and collect the necessary taxes for that purpose, in the same manner as other taxes are levied and collected. [Emphasis added.]

Chapter 68.20 RCW grants cemetery authorities extensive regulatory powers. See the following statutes:

• RCW 68.20.060:

  Specific powers—Rule making and enforcement.
  
  A cemetery authority may make, adopt, amend, add to, revise, or modify, and enforce rules and regulations for the use, care, control, management, restriction and protection of all or any part of its cemetery and for the other purposes specified in RCW 68.20.061 through 68.20.067, 68.20.070 and *68.48.080. [Emphasis added.]
  
  *Reviser's note: RCW 68.48.080 was recodified as RCW 68.56.050 pursuant to 1987 c 331 s 89.

• RCW 68.20.061:

  Specific powers—Control of property.
  
  It may restrict and limit the use of all property within its cemetery, including interment rights.

• RCW 68.20.066:

  Specific powers—Prevention of improper assemblages.
  
  It may regulate the conduct of persons and prevent improper assemblages in the cemetery.

• RCW 68.20.067:

  Specific powers—Rules and regulations for general purposes.
  
  It may make and enforce rules and regulations for all other purposes deemed necessary by the cemetery authority for the proper conduct of the business of the cemetery, for the transfer of any plot or the right of interment, and the protection and safeguarding of the premises, and the principles, plans, and ideals on which the cemetery is conducted. [Emphasis added].

• RCW 68.20.070:

  Rules and regulations—Posting.
  
  The rules and regulations made pursuant to RCW 68.20.060 shall be plainly printed or typewritten and maintained subject to inspection in the office of the cemetery authority or in such place or places within the cemetery as the cemetery authority may prescribe.

With respect to abandoned cemeteries, there is a right to access for visitation. See RCW 68.60.080:

Abandoned cemetery—Lawful entry purposes.

It is lawful to enter an abandoned cemetery for purposes of:
(1) Burials pursuant to RCW 68.60.070 and associated rules;
(2) Care and maintenance activities authorized under RCW 68.60.030; and
(3) Visitation of graves.

Additionally, historic preservation grant recipients must provide reasonable public access per RCW 27.34.420(7)(c):

Public access to the exterior of properties that are not visible from a public right-of-way must be provided under reasonable terms and circumstances, including the requirement that visits by nonprofit organizations or school groups must be offered at least one day per year. Tribal access must be provided under reasonable terms and circumstances to historic cemeteries in which there are Indian burials.

For more information on cemeteries, see our topic page on Cemeteries and Cemetery Administration.

We also recommend that you discuss this matter with your agency attorney who will be in the best position to advise you further. Our guidance is general and not a substitute for the advice of legal counsel.

From a legal perspective, MRSC does not see any issues changing the requirement from a state driver’s license to a valid driver’s license in general. You should nevertheless reach out to your risk pool or insurer to discuss just in case.

Also, for each position, you should consider whether driving is an essential job function or is related to a legitimate business purpose.

Under this new law, RCW 49.58.120, it is unlawful for an employer to require a valid driver’s license as a condition of employment or to include in a job posting that an applicant must have one, unless it is an essential job function or is related to a legitimate business purpose.

We also recommend that you discuss this matter with your agency attorney who will be in the best position to advise you further. Our guidance is general and not a substitute for the advice of legal counsel.

The requirements local governments must follow related to lost property can be found in RCW 63.21.060, which states:

Any governmental entity that acquires lost property shall attempt to notify the apparent owner of the property. If the property is not returned to a person validly establishing ownership or right to possession of the property, the governmental entity shall forward the lost property within thirty days but not less than ten days after the time the governmental entity acquires the lost property to the chief law enforcement officer, his or her designated representative, or other designated entity under *RCW 63.32.060, of the county in which the property was found, except that if the property is found within the borders of a city or town the property shall be forwarded to the chief law enforcement officer of the city or town, his or her designated representative, or other entity of the city or town so designated under RCW 63.21.090. A governmental entity may elect to retain property which it acquires and dispose of the property as provided by chapter 63.32 or 63.40 RCW.
*Reviser's note: The reference to RCW 63.32.060 appears to be erroneous. RCW 63.21.090 was apparently intended.

The last sentence of the above statutory provision gives the city the option of disposing of the property in the same manner that the police or sheriff departments dispose of property instead of forwarding the property to these departments (see chapter 63.32 RCW and chapter 63.40 RCW). These statutes appear to be procedurally identical, so either one would be useful for your purposes. The statutes are pretty lengthy so it would be worth your time to read them in full. Here is the summary version for personal property in the hands of police:

1. Provide written notice to the owner, if known.
2. 60 days from notice, if the property is not claimed, the agency can:
a) Sell the property at a public auction to highest bidder.
b) Retain the property for agency use; except the owner has the right to reclaim the property within 1 year of receipt of notice.
c) Destroy the property if it has no commercial value or the cost of the sale exceeds its value and other factors are met.
d) Donate the property to nonprofit charitable organization.

With respect to the wallet, see these requirements in RCW 63.21.090:

Designation of alternate entity to accept, store, retain, and dispose of found property.
(1) Except as provided in subsection (2) of this section, a county, city, or town may designate an alternate department or governmental entity to accept, store, retain, and dispose of found property as required under this chapter, rather than the chief law enforcement officer or his or her designee, so long as the alternate department or governmental entity complies with the requirements and procedures under this chapter.
(2) Regardless of whether a county, city, or town designates an alternate department or governmental entity under subsection (1) of this section, the chief law enforcement officer or his or her designated representative is responsible for retaining any of the following types of property in accordance with the requirements of this chapter: A bank card; charge or credit card; cash; government-issued document, financial document, or legal document; firearm; evidence in a judicial or other official proceeding; or an item that is not legal for the finder to possess. A county, city, or town designating an alternate department or governmental entity under subsection (1) of this section shall establish procedures for ensuring these types of property are directed to the chief law enforcement officer or his or her designated representative.

MRSC also recommends that you discuss this matter with your attorney who will be in the best position to advise you further. Our guidance is general and not a substitute for the advice of legal counsel.

It is a matter of local policy whether and how to provide holiday leave and pay to employees. As noted on this Department of Labor & Industries (L&I) page, Holiday, Vacation & Bereavement Leave:

Washington State does not require employers to provide leave or pay for holidays, vacations, or bereavement. These benefits can be found in your employer policies or collective bargaining agreement. They are generally an agreement between an employer and employee. L&I does not enforce these agreements.

For additional information, see our Paid and Unpaid Holidays page and this MRSC blog post, Taking a Break: A Primer on Legal and Other Holidays (2026).

Assuming your agency’s current holiday pay policies do not reflect the new work schedule, MRSC recommends that the agency amend its policies to reflect the 4/10 schedule as soon as practical.

There are few different policy approaches for holidays and 4/10 schedules, with the most common being to provide paid leave for eight hours on a holiday, with the 10-hour shift employee needing to use paid time off (PTO) or otherwise make-up for the two hours they would typically work. Here is a brief summary of some different approaches:

• The “Top-Off” Requirement: In this approach, the holiday benefit is fixed at eight hours. If an employee’s scheduled shift is 10 hours, they must "top off" the remaining two hours using other leave types.
• The "Full Shift" Model: In this approach, employers provide holiday pay that matches the actual hours the employee would have worked (i.e., 10 hours).
• The "In Lieu Of" or "Flex" Option: This type of policy addresses what happens when a holiday falls on the 4/10 employee’s day off. Some policies allow an employee to choose a different day off during the same workweek. Or, if the holiday falls on a Monday and that is the employee’s day off, the following Tuesday is considered the “in lieu of” holiday.

You can likely find many examples of these types of approaches searching examples on our Personnel Policy Manuals page. Search terms could include “alternative work schedule” or “alternative work period”.

Of course, if this relates to union employees, check the collective bargaining agreement for relevant provisions and this would also be a mandatory subject of bargaining.

MRSC’s understanding is that the procedures for a plat alteration in RCW 58.17.215 apply only in one circumstance related to a short plat. RCW 58.17.060(1), which addresses short plat procedures, states in relevant part:

The legislative body of a city, town, or county shall adopt regulations and procedures, and appoint administrative personnel for the summary approval of short plats and short subdivisions or alteration or vacation thereof. When an alteration or vacation involves a public dedication, the alteration or vacation shall be processed as provided in RCW 58.17.212 or 58.17.215.

So, unless the original short plat had involved a public dedication, the county would process a short plat amendment using the locally adopted short plat procedures.

Generally, no. RCW 42.30.070, which is the Open Public Meetings Act (OPMA) provision that requires the schedule for regular meetings to be set by ordinance, resolution, or bylaw, states that: “If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day.”

If the governing body decided to hold that meeting on a different date besides the next business day, they could either cancel the regular meeting and reschedule it as a special meeting pursuant to RCW 42.30.080, or adjourn the regular meeting to the later time following the procedures at RCW 42.30.090.

Here is a blog post that explains the process for either adjourning (i.e., rescheduling) or canceling a public meeting, Best Laid Plans: Following the OPMA When Adjourning or Canceling a Public Meeting (2023). And here is a blog on special meetings, Special Meetings: Answering Some Frequently Asked Questions (2024).

The statute associated with charging for body camera footage is limited to “the reasonable costs of redacting, altering, distorting, pixelating, suppressing, or otherwise obscuring any portion of the body worn camera recording prior to disclosure only to the extent necessary to comply with the exemptions in this chapter.” See RCW 42.56.240(14)(f)(i).

It does not authorize charging for the time spent reviewing body worn camera footage to determine whether any exemptions might apply in the first place.

If your city has adopted copy costs, you can still charge by the gigabyte for the footage. See RCW 42.56.120(2)(b)(iv).

The retention obligations for public records applies regardless of the original location of the record – whether on an agency-issued phone or a personal phone. The phone logs themselves would typically fall within Section 2.5 of the CORE retention schedule under “Audit Trails and System Usage Monitoring”, Disposition Authority Number GS2010-003, Rev. 2. The retention value is “retain until no longer needed for agency business, then destroy.” The retention values of the text messages, photos, and voicemail recordings/transcriptions would depend on the content of those messages and recordings/transcriptions.

The State Archivist provides technical guidance on how best to capture and retain Electronic Records. The guidance on Text Messages is particularly useful and provides different allowable options.

Photos should be eventually stored somewhere other than on the individual phone (like in the official files for the reason the photos were taken in the first place)—but perhaps an agency-controlled cloud/app on the individual phones will make control over the storage of the photos easier.

Call logs are a little harder to capture before you have a request. It is often easier to wait to capture that information until you have an actual pending request. There are third-party apps that do a better job of capturing all the data of a call. Screenshots are also an option. Often, the easiest way may be to reach out to the service provider and obtain a log from them—although it is likely limited to traditional phone calls and not calls that occur via other apps.

As for your question about after separation—for agency-provided phones, they should still be in your possession after the employee separates. You should work with IT staff to capture all public records that have a retention value in a separate location before it is wiped and re-issued to a new employee.

For personal phones or agency-issued phones that employees are allowed to keep after separation, the departing employee is required to turn over all public records at the time of separation. Again, work with your IT staff to capture a copy of all public records with a retention value before releasing the employee from any obligations. MRSC also recommends having them sign a declaration similar to a Nissen Affidavit about what actions they took to turn over all public records on their personal device.

For water-sewer districts, RCW 57.12.010 sets forth compensation for commissioners (initially $90 per day spent in actual attendance at official meetings or performing official business) with an annual cap on compensation. This statute also includes this provision about periodic adjustments for inflation:

The dollar thresholds established in this section must be adjusted for inflation by the office of financial management every five years, beginning January 1, 2024, based upon changes in the consumer price index during that time period.

In 2024, this per diem rate was set by the State Office of Financial Management (OFM) at $161.

This December 2023 blog post summarizes the increase effective in January 2024, Salary Increases Coming in 2024 for Many Special Purpose District Officials, including:

Water/Sewer Districts (RCW 57.12.010): Payment of compensation for each board member shall be at a rate of $161 per day, with compensation for each board member not to exceed $15,456 per year.

The OFM’s five-year Notice of Dollar Threshold Adjustment for all special purpose districts is in WSR 23-23-158. The next five-year adjustment is expected in 2028 for a January 1, 2029, effective date.

In general, either a resolution or motion should be sufficient for a city council to accept grant funds—with some caveats discussed below.

There is typically a contract associated with a grant that the city council would need to approve. RCW 35A.11.040 (applicable to code cities) generally allows city councils to accept grants. This statute specifies no particular acceptance method, and presumably city councils can accept grants by motion or resolution.

But also keep in mind that individual grants sometimes require acceptance through a particular method like a formal council resolution. In those instances, the city would need to follow the grant’s specific acceptance requirements to receive its funds. Likewise, sometimes a city’s code will specify how the council approves contracts or accepts donations. If there is a certain procedure set forth in code or local policy, that procedure should be followed.

The city attorney can provide legal advice regarding how the city may accept any specific grant.

There is no state law requirement for a city to be listed in a telephone book. Note that the Secretary of State does maintain an archive of historical telephone directories. See their City Directories & Telephone Books.

While it is common practice and good public policy for cities to make their contact information readily available to the public through various means (including voluntary directory listings and online resources), there is no legal mandate to do so outside of specific notice and public comment provisions related to certain actions and activities.