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Posts for Jim Doherty

EU’s General Data Protection Regulation: Does It Apply to Your Agency?

May 29, 2018  by  Jim Doherty
Category:  Public Records Act

The European Union's General Data Protection Regulation addresses data protection and privacy for EU citizens by giving residents more control over thier personal data and by simplifying the regulatory environment for international businesses.  In this post, Jim Doherty looks at whether or not it also applies to local governments. 

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Why Are We (Sometimes) So Protective of Public Records?

April 6, 2018  by  Jim Doherty
Category:  Public Records Act

There are strong reasons for not disclosing information in public records that appears to be covered by the statutory exemptions and prohibitions. However, MRSC Legal Consultant Jim Doherty argues local government staff should lean toward disclosing records rather than withholding them.

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Prayer & Pledges—Should You or Shouldn’t You?

February 5, 2018  by  Jim Doherty
Category:  Legislative Body

Whether to have an invocation (prayer) or a recitation of the Pledge of Allegiance at the start of a local government meeting is a matter of discretion to be decided by the local government legislative body. Legal Consultant Jim Doherty looks at these issues and provide some background on each. 

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WATVs (Wheeled All-Terrain Vehicles) Issues and Reminders

April 12, 2017  by  Jim Doherty
Category:  Traffic Regulation and Enforcement

The 2013 legislature made major changes to the authority of riders to use some off-road vehicles on public roads. Since then WATVs have been increasingly used on public roads in the State of Washington. 

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Worker reading a file stands in front of stacked file boxes.

When Must a Private Entity Comply with the PRA?

January 30, 2017  by  Jim Doherty
Category:  Court Decisions and AGO Opinions ,  Public Records Act

Many public agencies in the State of Washington enter into contracts with private entities to provide public services. When private entities begin performing public services by contract, they inevitably begin to create records. The question this blog post will explore is: When are such records “public records” subject to production under the Public Records Act (PRA)?

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Recent Legislative Changes to Landlord/Seller Disclosure Requirements

August 3, 2016  by  Jim Doherty
Category:  New Legislation and Regulations

In 2015, the state required cities and counties to provide to MRSC, for posting on our website, all regulations imposing requirements on sellers/landlords to disclose information to purchasers/renters. This year the legislature amended the legislation to clarify ambiguities.

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Washington Supreme Court Finds Begging Ordinance Unconstitutional Under Reed v. Town of Gilbert

July 27, 2016  by  Jim Doherty
Category:  Property Nuisances

In City of Lakewood v. Robert Willis, the state supreme court struck down two sections of a “begging” ordinance as unconstitutional restrictions on the First Amendment rights of an individual who was at a freeway ramp holding a sign indicating he had disabilities and needed help.

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Franchising - An Essential Tool for Right-of-Way Management

May 18, 2016  by  Jim Doherty
Category:  Utilities

Many city and county attorneys and public works directors are familiar with utility franchising issues, but many other city and county elected officials and staff are not, even though they may encounter them as part of their public duties. Understanding the basics of franchising will help in approaching these issues and in appreciating the complexity of the often unnoticed utility systems providing services to your residents and businesses.

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Explaining the PRA's Deliberative Process Exemption

March 24, 2016  by  Jim Doherty
Category:  Public Records Act

Like many Public Records Act exemptions, the PRA exemption in RCW 42.56.280, named the "deliberative process" exemption by the courts, is a layered provision that has to be carefully peeled to understand what it covers. This post will address the basic considerations in applying this exemption.

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Zoning for Marijuana – What Are Jurisdictions Doing and How Is It Working?

February 10, 2016  by  Jim Doherty
Category:  Cannabis Regulation

Cities and counties have the authority to zone for licensed marijuana businesses as they deem appropriate, subject to the 1,000-foot buffer zones around certain uses established in RCW 69.50.331(8)(a), which cities and counties now may reduce in size, except for those around schools and parks. See RCW 69.50.331(8)(b). They may even prohibit such businesses entirely, at least according to the attorney general’s office and the five superior courts that have so far addressed the issue. So, how have cities and counties approached their authority to zone for this new land use?

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New PRA Decision: Good Procedure Nets Good Result

December 2, 2015  by  Jim Doherty
Category:  Court Decisions and AGO Opinions ,  Public Records Act

The recent court of appeals decision in Benton County v. Zink holds a number of lessons to be learned regarding procedures for dealing with electronic records and developing an effective strategy for dealing with a litigious requestor.

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Model Ordinances for New Wireless Antenna Facility Siting Regulations

March 17, 2015  by  Jim Doherty
Category:  Telecommunications

Cities and counties need to revisit their wireless antenna facility siting regulations to bring them up-to-date with the FCC’s October 2014 Acceleration of Broadband Deployment Order, which includes final rules implementing Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012.

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