MRSC Insight Blog

Posts for Paul Sullivan

Legal Consultant Paul Sullivan Retires

January 14, 2020 by Paul Sullivan
Category: MRSC News and Updates

Legal Consultant Paul Sullivan is retiring after more than 30 years at MRSC.

More Employees Will Soon Be Eligible for Overtime Pay

December 30, 2019 by Paul Sullivan
Category: Compensation

There have been changes at both the federal and the state level to determine when workers are eligible for overtime pay. As a result, employers may find many more employees eligible for overtime once these changes go into effect.

Please Stop: Handling Public Requests

October 15, 2019 by Paul Sullivan
Category: Public Records Act

Municipal employees sometimes must deal with a variety of requests, and some can be quite challenging. This article looks at what local governments can and cannot broadly do in terms of responding to large public records requests and complaints.

Long-Term Care Trust Act Brings Services and Support to Washington Residents

September 27, 2019 by Paul Sullivan
Category: Compensation , New Legislation and Regulations

The newly created Long-Term Care Trust Act will offer an employee-financed program to provide payment or partial payment for long-term services and support to qualified Washington residents who have paid into the program and need assistance.

Warning: Summer Heat, Enclosed Pets, and Animal Fighting

August 1, 2019 by Paul Sullivan
Category: Animal Control

With its long days and hot temperatures, summer is a great time to remember that pets should not be left unattended in enclosed vehicles. This blog post also reviews 2019 legislation prohibiting animal fighting.

Conflict of Interest and the Spouse

February 22, 2019 by Paul Sullivan
Category: Ethics and Conflicts of Interest

Contractual situations involving spouses of local government officials can present complications that are not immediately apparent. This blog post delves into the issue.

Pop Quiz: Family Leave and Sick Leave Edition

January 14, 2019 by Paul Sullivan
Category: Leave Policies

Take a short quiz to test your understanding of the Paid Family Leave and Sick Leave for employees.

Oh Boy! A Gift!

November 26, 2018 by Paul Sullivan
Category: Ethics and Conflicts of Interest

With the holidays just around the corner, Legal Consultant Paul Sullivan explores the rules surrounding municipal gift "giving" and "receiving."

An Inquiry Response Sampler

October 25, 2018 by Paul Sullivan
Category: Governance

This blog post is a grab bag of questions posed to MRSC's consultants through our Ask MRSC service. Covering broad but common local government concerns, the questions (and answers) should interest all our readers.

New Legislation Targeting Firearms

October 8, 2018 by Paul Sullivan
Category: New Legislation and Regulations

In this blog post, MRSC Legal Consultant Paul Sullivan offers an overview of a number of bills the 2018 Washington State Legislature adopted relating to firearms regulation.

Answers to Common Election Season Questions

July 26, 2018 by Paul Sullivan
Category: Elections

This blog post addresses election-related questions MRSC consultants often field from elected officials and local government employees — such as use of public facilities for political campaigns — and offers additional resources.

Action Outside a Public Meeting, What Could Possibly Go Wrong?

July 13, 2018 by Paul Sullivan
Category: Open Public Meetings Act

This blog reviews some of the requirements of the Open Public Meetings Act (OPMA) and what can go wrong if those requirements are not met (Hint:a lot).

A Grab Bag of Ask MRSC Questions

May 10, 2018 by Paul Sullivan
Category: Legislative Body

This blog post offers several examples of questions MRSC's legal and policy experts get from local government staff and elected officials.

My Can of Coke Costs What?!!!

March 1, 2018 by Paul Sullivan
Category: Revenues

Since January 1, 2018, Seattle residents and visitors have found that drinking sweetened drinks cost a little bit more. Legal Consultant Paul Sullivan looks at the city's new sweetened beverage tax, one that is projected to raise almost $15 million in 2018.

Year-End Personnel Topics Pop Quiz

January 9, 2018 by Paul Sullivan
Category: Compensation , Leave Policies , Minimum Wage , Termination and Retirement

Take a short quiz to test your memory of some common, personnel-related legal issues as well as new employment laws that came in to or remained in effect in 2017.

Contracting – Some General Principles for Counties

November 30, 2017 by Paul Sullivan
Category: Purchasing and Contracting

This blog article discusses how counties can contract for goods and services, including the role that elected officials other than county commissioners may play in the process.

Municipal Giving and Receiving

October 24, 2017 by Paul Sullivan
Category: Gift of Public Funds

The holiday season is approaching. What are the rules surrounding municipal gift "giving" and "receiving?" Consultant Paul Sullivan explores the rules and offers some advice.

Legislature Enacts Paid Family Leave

September 13, 2017 by Paul Sullivan
Category: Leave Policies , New Legislation and Regulations

The state legislature has adopted a bill that provides most employees in Washington State with paid leave to care for their health conditions, the health condition of a family member, or for the birth or placement of an adopted or foster child. This post summarizes the new legislation and some of the differences between it and the federal Family Medical Leave Act (FMLA).

Paid Sick Leave Starts January 1

September 5, 2017 by Paul Sullivan
Category: Leave Policies

Starting January 1, 2018, all employers in the state, including all local government agencies, must provide paid sick leave for their employees. In this blog post, MRSC Legal Consultant Paul Sullivan responds to some possible questions about the new paid sick leave requirements.

New Law on Restraining Dogs

July 10, 2017 by Paul Sullivan
Category: Animal Control , New Legislation and Regulations

In this blog post, Paul Sullivan provides an overview of a new law adopted by the legislature that regulates the tethering of dogs. The new law goes into effect on July 23, 2017.

Disqualification: What if a Candidate Doesn’t Meet the Required Qualifications for Office?

May 22, 2017 by Paul Sullivan
Category: Elections

The candidate filing period for this year's election ended on Friday, May 19. To be qualified for an office, candidates must satisfy certain legal requirements, such as citizenship, residency, and voter registration. But what if they aren't legally qualified?

Paid Sick Leave and Initiative 1433

March 27, 2017 by Paul Sullivan
Category: Leave Policies

Initiative 1433, approved by the voters in November 2016, sets the minimum wage for most employees (currently $11.00 per hour). But the initiative does more than that. Starting January 1, 2018, every employer in the state, including local governments, will be required to provide its employees with paid sick leave. This blog post will explore how this new requirement will affect local governments in Washington State.

New Rule Requires Notice When Transporting Oil

September 28, 2016 by Paul Sullivan
Category: Hazardous Materials and Substances , New Legislation and Regulations

The Department of Ecology (DOE) recently adopted a new regulation, chapter 173-185 WAC, requiring that the DOE receive advance notification when crude oil is moved to certain facilities in the state by railroad car, as well as biannual reports from the owners of certain oil transmission pipelines regarding the volume of crude oil transported through their pipelines. Local governments can, upon request, get this information from the DOE.

Regulating E-Cigarettes: The Federal Government Steps In

July 11, 2016 by Paul Sullivan
Category: Licensing and Regulation

After months of review, the U.S. Food and Drug Administration (FDA) has issued final regulations governing the manufacture, distribution, and sale of e-cigarettes, vapor liquids, and some tobacco products. The federal regulations come soon after the passage of a new Washington law (ESSB 6328) that, among other things, also regulates the sale of e-cigarettes and vapor products and prohibits their sale to persons under the age of 18. The federal regulations make additional requirements not covered by the state law, but, where both address the same subject, there does not appear to be any conflict.

New Law Regulates E-Cigarettes and Vapor Products

April 20, 2016 by Paul Sullivan
Category: Licensing and Regulation

The Legislature adopted new legislation (ESSB 6328) this session to regulate the e-cigarette and vapor product industry in Washington. Here is a summary of some of the key provisions of the new law.

Three Things You Should Know about FLSA and the MWA (but Maybe You Don’t)

March 2, 2016 by Paul Sullivan
Category: Fair Labor Standards Act , Leave Policies , Minimum Wage

Although the Fair Labor Standards Act (FLSA) and state Minimum Wage Act (MWA) are not new, they still raise questions. Here are a few issues you may not be aware of.

Pets + Hot Day + Enclosed Vehicle = Trouble

July 13, 2015 by Paul Sullivan
Category: Animal Control

With the long daytimes and warm temperatures of summer, it's good to be reminded about the life-threatening hazard of leaving pets in unattended, enclosed vehicles. Animals left in vehicles on a warm day, even for a short time and even with a window slightly open, can quickly suffer heart stroke and die. The 2015 Legislature has recognized this issue and has given law enforcement and animal control clear authority to deal with this situation and has provided a specific penalty to the pet owner who allows it to occur.

New Amendments to the Public Records Act

June 10, 2015 by Paul Sullivan
Category: Public Records Act

The 2015 Legislature passed and the Governor signed five bills amending the Public Records Act (PRA) that affect local government public records procedures.

Contracting – Some General Principles for Cities

May 27, 2015 by Paul Sullivan
Category: Purchasing and Contracting

When contracting for services, public works, or purchases, what are the responsibilities of the city council and the mayor/administration? This post addresses a few general situations.

What if We Accidentally Overpaid an Employee?

January 28, 2015 by Paul Sullivan
Category: Compensation

Consider this hypothetical scenario: when I was just starting out as a city employee, I was joined in my office by the city accountant. She informed me that I had been overpaid. (What?! How can that be? If anything, I must have been underpaid!) Sadly, it was true. Due to a mathematical error, my paycheck for the first three months of the year was for an amount greater than it should have been. My first thought likely was “Finders keepers, losers weepers.” Unfortunately for me, that wasn’t the accountant’s first thought; I was expected to repay the amount I was overpaid. Here's why that's the case and how the overpayment should be repaid.

Residency Requirements for City Employees – Is That OK?

October 1, 2014 by Paul Sullivan
Category: Personnel Policies

A question we’re asked fairly often is whether a city may require that its employees reside within its jurisdiction? The answer is that it depends on the form of government the city has and on which employees the requirement would apply to.

Quick Questions, Quick Answers

September 22, 2014 by Paul Sullivan
Category:

I recently paged through the MRSC database. Some of the questions and answers I found may be of interest to all local governments. I’m setting out a few examples of questions and short answers that may be of useful.
Must sales tax be paid when public records are provided to a requesting party?
No. RCW 82.12.02525 provides in part:

The provisions of this...

Resolution or Ordinance?

September 22, 2014 by Paul Sullivan
Category: Legislative Body

It’s a dilemma. Should a council or board action be taken by ordinance? Or by resolution?Sometimes the answer is easy, as a statute or charter may specify which to use. For example, ordinances must be used to adopt a code city budget (RCW 35A.33.075) and to vacate a county road (RCW 36.87.120). And actions taken initially by ordinance can only be amended or repealed by ordinance.
The answer...

Roles of the Mayor/Manager and the City or Town Council 101: Acquiring Legal Services

July 24, 2014 by Paul Sullivan
Category: Administrative and Elected Officials

How do local governments obtain legal services? When it comes to cities and towns, the answer is not that easy.

Be Cautious Before Disposing of a Public Record

February 12, 2014 by Paul Sullivan
Category: Public Records Act

Recently, a former city official entered a plea for “injuring public records.” Accepting the plea, the judge stated “You will likely never be a city manager again.” What’s that all about?

Do We Really Need to Pass a Budget by Year’s End?

November 20, 2013 by Paul Sullivan
Category: Budgets and Budgeting

Is it really necessary for our city or county to adopt a budget by December 31? I mean, how bad could it be if we don’t? It could be bad! State law requires that cities and counties adopt a budget for ...

E-Cigarettes - Can They Be Used in Public Places or Places of Employment?

November 6, 2013 by Paul Sullivan
Category: Licensing and Regulation

In 2005, the voters approved Initiative 901, prohibiting smoking in public places and places of employment; that initiative is now codified in chapter 70.160 RCW. Under RCW 70.160.020(1), the terms “smoke” and “smoking” are...

PRA Requests for Lists of Individuals “for Commercial Purposes”

October 2, 2013 by Paul Sullivan
Category: Public Records Act

A number of jurisdictions across the state recently received a public records request from an “online information service” that was seeking documents detailing all purchases the jurisdictions had made from 2008 to present. The information requested included the name, address, contact person, and email of vendors. Part of the Public Records Act (PRA), RCW 42.56.070(9), prohibits a public agency...

Exempting or Redacting a Record? Give a Brief Explanation.

September 11, 2013 by Paul Sullivan
Category: Public Records Act

A recent state Court of Appeals decision, City of Lakewood v. Koenig, held the City of Lakewood liable for costs and attorney fees when the city redacted information from a requested public record but failed to provide a "brief explanation" for the redaction.

Use of Social Networking in Employment Decisions

July 5, 2013 by Paul Sullivan
Category: Recruitment and Hiring

Legislation has been enacted that will prohibit an employer's ability to require that job applicants and current employees provide social media passwords or other account information as a condition of employment or continued employment. The legislation, chapter 330, Laws of 2013, goes into effect July 28, 2013.
Here is an excerpt from the Final Bill Report for the legislation:

How Is Employee Travel Time Treated Under the Fair Labor Standards Act?

February 19, 2013 by Paul Sullivan
Category: Compensation , Fair Labor Standards Act

When an employee travels to work in the morning and then travels home at the end of the work day, that travel time is not “work time.” But what if the employee, at home after work, is then called back to work? Or if the employee must travel to another city for training? Does it matter if the employee drives his or her own car to an out-of-town assignment? Or if he or she travels as a passenger...

Collecting Delinquent Water Bills and Terminating Service

November 20, 2012 by Paul Sullivan
Category: Utilities - Billing and Collection

Many cities and towns operate their own public utilities, including water service. Unfortunately, sometimes utility customers do not pay their bills. What can be done to collect unpaid or delinquent accounts, and when can water service be shut off?

Wearing Uniforms in Political Advertisements

September 4, 2012 by Paul Sullivan
Category: Elections

This fall’s election is only a couple of months away, and candidates for office or proponents/opponents of ballot measures may be wondering if their advertisements may make use of photographs showing police officers, deputy sheriffs, firefighters, or other uniformed employees dressed in their agency uniforms. State law, specifically RCW 42.17A.555, prohibits the use of public facilities for the...

“We’re Going into Executive Session to Discuss Personnel.” Is That Okay?

July 3, 2012 by Paul Sullivan
Category: Open Public Meetings Act

I've attended several local government meetings where the chair has announced that the board or council will be going into an executive session to “discuss personnel.” It sounds as if that might be permissible, but it is not necessarily so. Although governing bodies may conduct executive sessions to discuss some personnel issues, that ability is limited. The fact that the discussion may touch...

Roles of the Mayor/Manager and the City or Town Council 101: Hiring

May 24, 2012 by Paul Sullivan
Category: Recruitment and Hiring

A city or town government does not run on its own; it requires employees to perform the work the public expects and depends on. How and by whom are its employees hired? While the easy answer is that it’s the city or town’s chief executive officer - either the mayor or the city or town manager - who makes the hiring decision, in reality, the answer is more complicated than that. ...

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