MRSC Insight Blog

Impact Fees — Local Government Do’s and Don’ts

March 22, 2023 by Steve Butler
Category: Impact Fees

Impact fees can be used by a local government to help pay for infrastructure costs caused by new development, but there are both complexities and legal requirements an agency should consider before establishing an impact fees program.

Protecting Your Local Brand: Federal, State, and Local Strategies

March 20, 2023 by Michael Incorvaia
Category: Guest Author , Strategies and Programs , Tourism

Local governments wishing to trademark a logo or seal may find an uphill battle in getting federal protection, but other options exist for protecting local brands.

An EMS personnel helping an older resident with medication in a home-based setting

Fire Departments Expand Services to Reach 911 Frequent Callers

March 15, 2023 by Leah LaCivita
Category: Emergency Medical Services

With a goal of reducing non-emergency calls to 911 and limiting costly, unnecessary trips to the emergency room, several fire departments in Washington State have begun mobile health programs that provide coordinated follow-up care to patients after a 911 response has occurred.

Several emergency vehicles are parked on a neighborhood street

A Duty to All is a Duty to No One: Understanding the Public Duty Doctrine

March 13, 2023 by Oskar Rey
Category: Court Decisions and AGO Opinions

In Norg v. City of Seattle, the Washington Supreme Court issued a decision that has a major impact on the public duty doctrine, and by extension, government tort liability.

A magician working magic with a hat and wand

Can an Expired Contract Come Back to Life?

March 8, 2023 by Josh Klika
Category: Purchasing and Contracting

When a contract expires, is it a good idea to create an amendment that will bring the contract back to life? A look at the pros and cons.

A close up of a person working on a laptop to retrieve files while sitting in a sunbeam

It’s Sunshine Week Somewhere

March 6, 2023 by Flannary Collins
Category: Open Public Meetings Act , Public Records Act

Even during the gloomy winter months, we can all applaud Sunshine Week, which celebrates open government.

A diverse group of politicians sitting at a dais and speaking to the press

Municipal Elections – Running for Office

March 1, 2023 by Linda Gallagher
Category: Elections

Many local elections will take place this year, including half of councilmember positions in towns and cities, appointed mayors, and many board positions with special purpose districts. Fortunately, there are a number of resources available for new and returning candidates.

A close up of a person reviewing financial data

Changes for 2022 Annual Reporting for Cash Basis Entities

February 27, 2023 by Eric Lowell
Category: Financial Reporting

The addition of a few new notes as well as the removal of others are just a few of the changes local governments will encounter when they begin the annual financial report filing process. The deadline for filing is May 30, 2023, for both cash basis and GAAP entities.

Integrating Best Available Science: New Tools for Land Use Planning & Emergency Management

February 22, 2023 by Tricia Sears
Category: Guest Author , Climate Change , Emergency Management

The state's Washington Geological Survey is offering new and updated resources to help local governments integrate the best available science into their land use planning and emergency management efforts.

A woman is upset by what she has just read on her computer

Private Lives of Public Employees: The PRA Implications of Working for the Government

February 21, 2023 by Sarah Doar
Category: Public Records Act

New public employees are often surprised by what is subject to public disclosure under Washington’s Public Records Act and should consider the possibility that their private communications on digital platforms, like email and social media, may become very public.

Shows a fleet of mid-sized electric vehicles being charged at a public charging station

Tips for Transitioning Fleet Vehicles to Electric

February 15, 2023 by Tracy Burrows
Category: Climate Change , Energy Resources and Conservation

Electric vehicle (EV) fleets can help an agency save money and meet greenhouse gas emissions reduction targets, but transitioning fleets to EVs will be a major undertaking. It helps to start small and to pair the program with the build out of local EV charging infrastructure.

A male conference attendee choosing dessert from a table

But What About Me? Ethics for Local Public Employees

February 13, 2023 by Steve Gross
Category: Ethics and Conflicts of Interest

While state law addresses ethics for some kinds of municipal officers, these and other laws help all employees understand how to conduct day-to-day business while avoiding conflicts of interest.

A man is excited to have received a gift card

Safely Using Incentives in Public Engagement Activities

February 8, 2023 by Eric Lowell
Category: Gift of Public Funds , Inclusive Communities , Federal Funding

Can gift cards be given as an incentive for completing a local government survey? Can stipends be provided to volunteers participating in local government projects or advisory boards? With proper procedures in place, incentives can be a way to boost community participation.

Pop Quiz: Paid Family Medical Leave and the Family Medical Leave Act

February 6, 2023 by Jill Dvorkin
Category: Leave Policies

Washington’s Paid Family and Medical Leave (PFML) and the federal Family Medical Leave Act (FMLA) provide extended leave, job protection, and other benefits for qualified employees, but the interplay between the two programs can be confusing. Test your knowledge.

An image of 3 people at a recycling center sorting out types of recycled material

Local Governments Pursue Zero-Waste Measures

February 1, 2023 by Leah LaCivita
Category: Climate Change , Utilities

Zero-waste measures for local governments run the gamut from multi-year materials management projects to consumer education on how to recycle or compost properly. The end goals are to reduce greenhouse gas emissions and responsibly manage public resources.

A montage of port, truck and public transit

January 30, 2023 by Oskar Rey
Category: Comprehensive Planning-Growth Management , Court Decisions and AGO Opinions

What is an essential public facility under the Growth Management Act? An airport? A transit system? A homeless shelter? What facilities can be defined as essential for the public is at the heart of a recent Washington Court of Appeals case.

Shows a person reading a document about employee benefits

Elected Officials and Benefits Programs

January 25, 2023 by MRSC Insight
Category: Governance , Compensation , Leave Policies

Are elected officials considered employees? If so, are they eligible for the various benefits programs provided for in state law? This simple question requires a case-by-case examination of eligible state-based benefits programs.

Are You Up-to-Date on the Open Public Meetings Act? Test Your Knowledge

January 23, 2023 by Flannary Collins
Category: Open Public Meetings Act

Since 2020, the Open Public Meetings Act has gone through significant changes, requiring local government staff and elected officials to stay abreast of the changes. How confident are you in your OPMA knowledge?

Map of Washington State showing how frequency of days reaching a humidity index over 90 degrees might change from 2050-2079

A New Climate Planning Tool for Local Governments

January 18, 2023 by Matt Rogers
Category: Guest Author , Climate Change

The online tool, Climate Mapping for a Resilient Washington, is a compilation of the best existing climate projection information for the state and includes information on state-specific climate hazards such as reduced snowpack, sea level rise, flooding, and more.

New Legal Requirements for Job Postings

January 17, 2023 by Linda Gallagher
Category: Compensation , Recruitment and Hiring

Beginning January 1, 2023, public and private employers in Washington State with 15 or more employees are now required to include compensation and benefits information in job postings.

Taking a Break – A Primer on Legal and Other Holidays

January 11, 2023 by MRSC Insight
Category: Leave Policies

People love holidays, but how do these impact government? Which holidays will an agency observe? Will offices be closed? Will it include paid time off for staff? To answer these questions, an agency should make its holiday schedule and policies around holidays readily available.

New Technology, Same Old Open Government Challenges

January 9, 2023 by Sarah Doar
Category: Information Technology , Open Public Meetings Act , Public Records Act

Software such as Microsoft Teams can help to facilitate communication in a workplace, but the use of such tools is tricky for governing bodies whose meetings must be open to the public and whose communications should be easily searchable if a public records request arises.

The Breakdown of Compost Product Purchasing

January 4, 2023 by Josh Klika
Category: Climate Change , Purchasing and Contracting

Any agency required to adopt a Compost Procurement Ordinance must also use compost for four specified types of projects and will need to report to the state on compost-related purchases. These agencies have some options in terms of where and how to purchase the product.

Public Safety Tools — Is a Stay Out of Drug Area Ordinance the Right Tool for You?

January 3, 2023 by Steve Gross
Category: Law Enforcement

A Stay Out of Drug Area (SODA) ordinance is one way a local government can restrict the sales or use of illegal drugs in public places. However, SODA ordinances must be well-designed to avoid legal scrutiny and to ensure they do not disproportionally affect certain populations.

Funding for Broadband Expansion

December 21, 2022 by Eric Lowell
Category: Telecommunications , Federal Funding

Is your local government looking to expand broadband access to un- or underserved communities? Fortunately, there are existing state and federal grant programs to tap for help as well as exciting new federal funding opportunities.

Local Governments Prepare for Broadband Expansion

December 19, 2022 by Leah LaCivita
Category: Telecommunications , Federal Funding

With potential new sources of funding to support the expansion of reliable broadband services, local governments across Washington are busy building partnerships, identifying un- and underserved areas, and planning equitable deployment strategies to reach all communities.

The Role of Cities and Counties in Keeping Winter Walking (and Driving) Safe

December 15, 2022 by MRSC Insight
Category: Snow and Ice Removal

When winter approaches, a local government should encourage property owners to maintain sidewalks and keep them safe for pedestrians while also ensuring that it has a well-thought-out plan for keeping its municipal roadways safe and navigable.

Privacy v. Security: Use of Security Cameras on Government Property

December 13, 2022 by Flannary Collins
Category: Public Records Act , Nuisance Abatement and Enforcement

While governmental use of security cameras can be a useful tool, agencies should take care to adopt a policy that outlines the precise ways in which the cameras will be used and how the recordings will be managed.

Recapping the November 2022 Ballot Measure Results

December 7, 2022 by Steve Hawley
Category: Elections , Revenues , Transportation Finance

As with many past elections, this past November brought voters over 100 local ballot measures across the state, from libraries to bond measures to levy lid lifts. New this year, however, were several measures involving ranked-choice voting and home rule charter propositions.

A Gift? For Me? The Basics of Gifts for Municipal Officers and Employees

December 5, 2022 by Oskar Rey
Category: Ethics and Conflicts of Interest

Among many issues that municipal officials and employees should treat with caution is the acceptance of gifts — especially those given in connection with their position or duties. In addition to raising concerns about propriety, acceptance of such a gift may violate state law.

Complete Streets Flourishing in Washington

November 30, 2022 by Celeste Gilman , Lisa Pool
Category: Guest Author , Cycling and Walking , Climate Change

Many Washington cities, towns, and counties have implemented complete streets programs to encourage safe access for all users, regardless of mode of transit. These programs vary from place to place, each meeting the specialized needs of local communities.

New Law Requires Compost Procurement Ordinances by January 1

November 29, 2022 by Linda Gallagher
Category: Climate Change , Purchasing and Contracting

A new state law covering organic materials management requires compost procurement ordinances for certain cities, towns, and counties by January 1, 2023. These ordinances must set forth how compost will be procured, purchased, and incorporated into applicable projects.

Infill Housing Approaches: Targeting the Missing Middle and Accessory Dwellings

November 16, 2022 by Steve Butler
Category: Housing

As cities and counties look to expand housing supply in their communities, many are considering infill development, or developing vacant or under-utilized parcels within existing, developed areas. Missing middle housing and accessory dwelling units are two options to consider.

Data as Records: PRA Disclosure of Database Information

November 13, 2022 by Sarah Doar
Category: Public Records Act

Fulfilling a public records request that seeks information contained in a database can be challenging. Local government staff must understand they have an obligation to produce data within a database but must come up with a practical method to do so.

How Can Local Governments Celebrate the Holidays?

November 8, 2022 by MRSC Insight
Category: Governance , Gift of Public Funds

Celebrating the winter holidays can be fun, but local governments and their staff and elected officials must think carefully before pulling out decorations, planning parties, or accepting gifts.

Care and Feeding of Your Library Collection Policy

November 7, 2022 by Steve Gross , Tamara R. Meredith
Category: Guest Author , Management

All libraries, whether they are independent districts or part of a city or town, should have both a sound collection management policy and an understanding of how to implement that policy in a way that furthers the library’s mission while reducing legal risks.

Governor Inslee Ends the COVID-19 Emergency

November 2, 2022 by Flannary Collins
Category: COVID-19

The governor officially terminated all remaining proclamations effective at 11:59 PM on October 31. The new documents confirm what we wrote previously, but this article provides a few small clarifications regarding vaccination requirements, face masks, and reporting/notification.

Legal Publication Requirements and the Decline of the Local Newspaper

October 31, 2022 by Jill Dvorkin
Category: Legislative Body

Cities, towns, and counties must designate an “official newspaper” to meet certain publication requirements. Other statutes require notice or publication in a “newspaper of general circulation.” What happens when there are fewer qualified newspapers to choose from?

Using Levy Lid Lifts to Finance Public Salaries and Services

October 27, 2022 by Eric Lowell
Category: Property Taxes

Local governments looking to use levy lid lifts to help with increased costs should carefully consider several issues, such as type, duration, future fiscal need, capacity, and how to best frame the lid lift for a successful vote.

Annexing Non-Contiguous Territory Outside City or Town Limits

October 23, 2022 by MRSC Insight
Category: Annexation

The Municipal Purpose Method of annexation is the only method available for a city or town wishing to annex territory non-contiguous to its jurisdictional boundaries.

Parking Reform: Part 2

October 19, 2022 by Lisa Pool
Category: Climate Change , Parking , Housing

Increasingly, many local governments are shifting away from requiring too much off-street parking, citing social, economic, and/or environmental reasons. What tools can these communities use to better manage existing parking supply and to anticipate future needs?

New Ninth Circuit Ruling Addresses Anti-Camping Ordinances

October 17, 2022 by Oskar Rey
Category: Court Decisions and AGO Opinions , Homelessness

Last month, the federal Ninth Circuit Court of Appeals issued a decision that provides clarification and guidance to local governments on camping bans and ordinances.

Parking Reform Advances Climate Action, Housing Affordability, and More: Part 1

October 12, 2022 by Lisa Pool
Category: Climate Change , Parking , Housing

While parking is an important commodity for a community, too much parking can prevent the land from being used for another purpose, encourage excess car travel, and possibly make other forms of transportation, like biking or walking, both more complicated and dangerous.

Managing Unexpected Elections Issues

October 10, 2022 by MRSC Insight
Category: Elections

Sometimes unexpected and unusual situations can arise during the election process, such as a tie between candidates or the withdrawal or death of a candidate before the election takes place.

Washington’s COVID-19 State of Emergency Ends October 31: What Does this Mean for Local Governments?

October 6, 2022 by Flannary Collins
Category: COVID-19 , Open Public Meetings Act

Washington's state of emergency and remaining emergency proclamations related to the COVID-19 pandemic are scheduled to be lifted on October 31, 2022. What impact will this have on open public meetings, vaccine mandates, and requirements related to masking and disease tracking?

Elections Integrity and Security: Part 2

October 3, 2022 by Linda Gallagher
Category: Elections

In the second part of our series on election security measures, we look at how elections offices verify and tabulate votes to ensure a complete result, and under what conditions and how a recount happens.

Can the Mayor Take Part in Discussion?

September 28, 2022 by Ann G. Macfarlane
Category: Guest Author , Forms of Government-City , Legislative Body

In many cities, the mayor also acts as the meeting chair. While Robert's Rules directs the chair of large groups of 12 or more members to refrain from taking part in a discussion (and focus on facilitating), these rules do not automatically apply to smaller groups.

Elections Integrity and Security: Part 1

September 26, 2022 by Linda Gallagher
Category: Elections

Free, fair, and accurate elections are a hallmark of our democratic system. Washington State has enacted a number of measures to protect each person’s right to vote and to ensure that elections statewide are safe and secure.

Equitable Community Engagement in Comprehensive Plan Updates

September 21, 2022 by Rosie Cullen
Category: Guest Author , Comprehensive Planning-Growth Management , Inclusive Communities

Many local governments are updating their comprehensive plans, and in doing so, some are looking at how to develop intentional strategies that actively engage underrepresented communities in order to build a more equitable plan update in the process.

2022 Court Legislation Impacting Local Governments

September 19, 2022 by Sarah Doar
Category: Courts and Criminal Justice System , New Legislation and Regulations

A few bills from the 2022 Regular Legislative Session deal with courts in a manner that will impact local governments, including giving courts more flexibility to not impose certain legal financial obligations or to waive those obligations.

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