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MRSC PUBLICATIONS › NEWS › Municipal Research News - December 2000
 

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Municipal Research News

Municipal Research & Services Center of Washington
Winter 2000 Issue

What's Inside

Legislative Basics - Ideas into Law

This article explores the methods by which a local government can take legislative action and the process used for adoption of an ordinance. It is an excerpt, with footnotes and citations omitted, from Municipal Research & Services Center Report No. 50, Local Ordinances for Washington Cities and Counties, published in May 2000.

Alternatives of Form

The legislative bodies of counties, cities, and towns have various options available for taking legislative action, including the passage, adoption, or approval of ordinances, resolutions, rules, regulations, motions, and orders. It is, of course, important to be familiar with each option and when it is preferable to use one form instead of another.

An "ordinance," as that term is typically used, refers to a "local law of a municipal corporation, duly enacted by the proper authorities, prescribing general, uniform, and permanent rules of conduct, relating to the corporate affairs of the municipality." Ordinances may be used for purely administrative purposes, such as to establish an office or set salaries. An ordinance can either regulate conduct or, for example, when establishing a crime, prohibit described conduct altogether.

A "resolution" typically is less solemn and formal than an ordinance and, "generally speaking, is simply an expression of the opinion or mind of the official body concerning some particular item of business or matter of administration coming within its official cognizance." Contrasted with an ordinance, which generally prescribes permanent rules of conduct or government, a resolution oftentimes will deal with matters of a special or temporary character. (Resolutions adopted by a county council or board of county commissioners may, in some instances, be similar to an ordinance, as many state statutes allow a county to adopt laws or take an official action either by resolution or "by ordinance or resolution." For purposes of this article, reference will be primarily to ordinances.)

When should an ordinance be used instead of a resolution? Obviously, if a state statute requires one form be used instead of the other, that requirement must be followed. If no particular form is specified, either a resolution or ordinance may be used. Ministerial and administrative acts may be exercised by resolution. Legislative acts, however, it is usually suggested, should be made by ordinance.

What is "legislative"? The general guiding principle is that "[a]ctions relating to subjects of a permanent and general character are usually regarded as legislative, and those providing for subjects of a temporary and special character are regarded as administrative."

"Rules or regulations" are used to regulate the manner of doing municipal business or to establish certain types of procedures. They are subsidiary to ordinances and are generally updated when an ordinance, state, or federal law is amended. Rules and regulations do not carry penalties, relying instead on their underlying ordinances, upon which they are based, for enforcement authority. Rules or regulations remain in effect until suspended or revoked.

An "order" is used by a legislative body to direct a specific action be taken on behalf of the municipality. An order, for example, could be used to authorize the mayor or county executive to sign a contract. An order is less than a legislative enactment and requires little, if any, formality; for example, an order may be oral. Once an order has been complied with, it no longer has effect.

A "motion" is similar to an order; it provides authority to do a specified act. A motion is a proposal by a member, made at a meeting, that a legislative body take a particular action. The proposed action may be substantive, or it may express a certain view, or direct a particular action be taken. A motion, once approved and entered into the record, is the equivalent to a resolution.

The Adoption Process

Once an idea has been drafted into ordinance form, it is ready to be enacted by the county, city, or town legislative body.

Initiation and Presentation

State statutes are silent as to how ordinances are to be initiated. Thus, absent a charter provision detailing the process, each legislative body may determine the manner that must or should be used. Typically, when an ordinance has originated within the legislative body itself, the ordinance is presented to the clerk, who reads its title. The clerk's reading is usually considered to be the "first reading." The ordinance's "sEcond reading," which also is often by title only, usually occurs when the ordinance is up for general discussion by the entire legislative body.

Public Hearing

Unless a public hearing is required by statute before adopting an ordinance, none is required. There are relatively few instances when one is required, considering the large number of issues a council or board of commissioners routinely considers. A council or the commissioners, however, may want to conduct hearings even when not required to do so, either because a subject is controversial (such as for a tax or rate increase) or because citizen comment is useful in the development of public policy.

Final Action

When may final action occur?

Except for franchise and emergency ordinances, most ordinances may be passed during the same meeting at which they are introduced. (Local rules and charter provisions may, however, require a lapse of time between an ordinance's introduction and its final passage.) Passage of a franchise ordinance typically requires special procedures be followed, including a lapse of time between introduction and final passage. A legislative body may also need to follow special procedures to enact an emergency ordinance.

How many votes are required for passage?

The number of votes required to pass an ordinance is dependent upon the classification of the municipality, the size of its legislative body, and, in some instances, the nature of the legislation involved. Here is an abbreviated recitation of the pertinent rules:

  • SEcond Class Cities - Most ordinances require an affirmative vote of at least four councilmembers.
  • Towns - Most ordinances may be enacted by majority vote of the councilmembers present at a meeting, once a quorum has been established.
  • Code Cities - The passage of any ordinance requires an affirmative vote of at least a majority of the whole membership of the council.
  • Non-Code Cities and Towns Operating under the Council-Manager Plan - An ordinance requires passage by an affirmative vote of at least a majority of the members of the city or town council.
  • First Class Cities - For the most part, reference should be made to the city charter of a first class city to determine the number of votes necessary to pass an ordinance.
  • Counties - The county statutes do not specify, at least for the most part, how many votes are needed to pass an ordinance. Under common law, a majority vote is sufficient for action, assuming a quorum is present. Thus, if there are three commissioners, two must vote affirmatively to pass an ordinance. If only two commissioners are present and there is a division between the two, the matter under consideration "shall be postponed to the next subsequent meeting."

Special rules may apply for the passage of franchise and emergency ordinances.

Veto

The mayor or county executive has veto power only when and to the extent the power has been vested in the position by law. Excluding first class cities and home rule counties, which are governed by their individual charters, the veto power is granted only to mayors in sEcond class cities and code cities organized under the mayor-council plan of government.

Signature and Attestation

Once passed, ordinances typically must be signed and attested. Reference should be made to the city or county charter for particular rules.

Publication

All cities and towns are required to publish every ordinance in their official newspaper. In lieu of publishing an entire ordinance, a city or town may publish a summary. If a city chooses to publish a summary, the summary should provide "a brief description which describes the main points of the ordinance" and include a statement that the full text of the ordinance will be mailed upon request.

The county statutes are not as specific. RCW 36.32.120(7) requires counties provide advance notice of proposed police or sanitary regulations prior to adoption by the legislative body. The notice may either set out a copy of the regulation or summarize its content.

The above discussion merely provides an abbreviated discussion of the use and adoption of ordinances and other legislative acts. Readers are encouraged to discuss the full process with the city or town attorney or the county prosecutor. Municipal Research & Services Center is also available to answer questions or offer other assistance. Copies of Report No. 50 are available for purchase from Municipal Research or may be reviewed at the MRSC Web site, http://www.mrsc.org/pubs/Ordinances.pdf.T

By Paul Sullivan, Legal Consultant

Municipal Research & Services Center

Minimum Wage Increases

On January 1, 2001, the minimum wage will increase to $6.72 per hour. The minimum wage applies to all workers across the state, with the exception of workers under 16 in non-agricultural work, who may be paid 85 percent of the minimum wage ($5.71 starting January 1, 2001). Under state law, tips cannot be counted toward the minimum wage.

The wage increase is the result of an initiative approved by voters in 1998 authorizing The Department of Labor and Industries to adjust the minimum wage by the rate of inflation every year beginning in 2001. The new wage will be announced each September and become effective the first day of the next year.

Receive this Newsletter via E-Mail

Read all about it, even before the presses roll! If you would like to receive this news letter via e-mail, see the subscription instructions below. You will receive a monthly update notice about the MRSC Web site along with this quarterly newsletter. All messages to this distribution list will come from MRSC.

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Door-to-Door Solicitation - Medina Ordinance Struck Down

On November 3, U.S. District Court Judge John C. Coughenour issued an order enjoining the city of Medina from enforcing its regulations requiring all solicitors and peddlers to register with the local police department and submit to a criminal records check. In the words of the court, "the relevant portions of the Medina Municipal Code constitute an improper prior restraint on speech protected by the First Amendment, and are impermissibly overbroad and vague, chilling constitutionally protected speech."

Not all local regulation of peddlers and solicitors is illegal, but care must be taken to make sure that the boundary has not been crossed. This case helps to define that boundary. We recommend that each city and county review its regulations to see if they may be open to similar constitutional challenge. MRSC has copies of the legal memorandums filed by the parties and a copy of the judge's brief ruling. The name of the case is Peace Action Coalition v. City of Medina, Case No. C00-1811C. An attorney from the local chapter of the American Civil Liberties Union represented the plaintiffs.

Web Talk

News and information about www.mrsc.org

What's New?

Governance

We've added a number of new sections to our "Governance" page dealing with "Legislative Process/Policy-Making" issues. Included is information on roles and responsibilities, the policy-making process, effective public participation, and a section to help you answer the age-old question: is it policy or administration? We've also added new information on our "Public Relations" page on citizen involvement and community surveys. We have included "A Brief Guide to an Effective Community Involvement Program," by Carolyn Browne, Principal, Carolyn Browne Associates, and some sample community survey reports.

Endangered Species Act (ESA)

We've posted an updated "List of Counties and Cities within Each Water Resource Inventory Area," thanks in part to DOE's GIS Technical Services. Our new "Local Government ESA Activities" page will act as a clearinghouse of ESA activities and best management practices. Also see our new page with WRIA (Water Resource Inventory Area Activities) listed by county.

Initiatives

We post information on new initiatives that affect local governments as soon as they are submitted to the Secretary of State. You may view copies of Tim Eyman's newest tax reform initiatives and a variety of materials related to I-722, including a number of complaints for injunctive and declaratory relief.

How Do I?

We provide several forms on our Web site so that you may submit requests to MRSC. In the left-hand column of our home page, you will see a heading of "Communicate." Use the research request form to provide us with all the information we need to respond to your request. If you find materials on the Web site that you would like to borrow from the MRSC library, block and paste the citations into the library loan request form. For your convenience, we have included links to both of these forms on our subject pages as well. If you have comments about our Web site, please use the guest book or send an e-mail message to mrsc@mrsc.org. And, as always, feel free to pick up the phone and call us with any questions.

What's Coming?

We are in the process of posting the business license application forms for every city, town, and county that wants to participate in our new Web site geared toward Washington businesses, Main Street Washington. Beginning mid-December, visit the new site at mswa.org or mainstreetwashington.org. On this site, you will also see links to the zoning codes for jurisdictions that have them posted on the MRSC site or on their own site. Over time, we plan to add other forms and services and enable the license applications for online submission and payment.

For the past five years, we have been posting municipal codes on the Web in Folio format. We have now purchased new software that will enable us to post the codes in HTML format along with any other public documents (ordinances, resolutions, agendas, minutes, council packets, etc.). Contact Fred Ward at MRSC for details and pricing. We will also use the new software as our overall search engine, which we think will enable you to find information on our site more easily.

The next Webmasters and Friends meeting will take place in Seattle on Thursday, January 18, 10:00 a.m. until 2:00 p.m. The preliminary agenda includes presentations on online bid solicitation, the results of Seattle's citizen survey, and making Web sites accessible to the disabled. If you would like more information, please contact Fred Ward.

Web Site Index

For complete information on these topics, go to www.mrsc.org.

  • New tax reform initiatives
  • Legislative process/policy-making roles and responsibilities
  • Citizen involvement: what type of survey is best?
  • Municipal Research News: e-mail subscriptions
  • Main street Washington: a new Web site for Washington businesses
  • Next Webmasters meeting: January 18
  • Make your public documents searchable: a new MRSC service

FYI - MRSC Publications

In addition to our quarterly newsletter, MRSC prepares and publishes manuals, reports, information bulletins, research memoranda, and a periodic publication, MRSC Focus, for city, town, and county officials in the state of Washington.

These publications are available to Washington State municipal officials for purchase or on loan from the MRSC Library. To obtain a copy of a publication, please contact MRSC at (206) 625-1300 or e-mail us at mrsc@mrsc.org.

Below is a sample of the publications currently available for viewing and/or downloading in HTML or Adobe Acrobat format from our Web site at http://www.mrsc.org/mrscpubs.htm.

Annexation Handbook for Cities and Towns in Washington State. Report No. 19, Revised August 2000. Not for Sale. Addresses the general topic of municipal annexation and provides assistance with the statutory procedures for annexation as well as some recurring legal questions. This version is current with the 2000 RCW.

The Bidding Book for Washington Cities and Towns. Report No. 52, August 2000. $20.00(City/County)/$30.00(All Others). This publication is designed to familiarize city officials with competitive bidding requirements, recommended bidding procedures, and public purchasing procedures. Deals only with the requirements that are imposed by the state statutes.

Budget Suggestions for 2001. Information Bulletin No. 507, August 2000. $12.00(City/County)/$18.00(All Others). A bulletin containing suggestions to assist in the preparation of the annual budget, including the budget calendar; summary of state-collected, locally-shared revenues; CPI Information; distribution of fire insurance premium tax; and summaries of selected fiscal legislation.

Councilmember's Handbook. Report No. 48, January 2000. $20.00(City/County)/$30.00(All Others). This publication contains a brief overview of the structure of city government in Washington State and the role of the councilmember in that structure. The primary focus is on the council meeting.

Directory of Washington City & Town Officials 2000-01. March 2000. $20.00(Government)/$45.00(Other). The directory provides a listing of the names of key municipal officials, city hall addresses and phone numbers, population, and class of government. Publication is updated every other year following the November general election. This publication is available by calling the MRSC receptionist at (206) 625-1300. It is available in paper format and the data is also available on diskette. Each disk contains the file compressed in three formats: .dbf, ASCII, and mail merge (comma delimited). A decompression utility is included on the disk; each of the three formats decompresses into an approximately 1.5 MB file. Prices for the disks are as follows: $30.00(Government)/$60.00(Other)

Knowing the Territory - Basic Legal Guidelines for Washington City and County Officials. Report No. 47, November 1999. $16.00(City/County)/$24.00(All Others). This publication describes the nature, powers, and duties of municipal officials for "keeping out of trouble"; discusses limitations, regulations, and admonitions regarding the exercise of governmental powers, including conflicts of interest law, the open public meetings act, appearance of fairness doctrine, and similar laws. It also points out immunities and protections.

Local Government Policy-Making Process. Report No. 45, February 1999. $12.00(City/County)/$18.00(All Others). The purposes of this publication are to describe the local government policy-making process, outline effective roles for local officials, and to provide practical tips to make the local policy-making process more satisfying and productive.

Local Ordinances for Washington Cities and Counties. Report No. 50, May 2000. $12.00 (City/County)/$18.00 (all others). This report has been prepared to assist Washington county, city, and town officials in drafting and adopting ordinances, resolutions, motions, and related devices. The report replaces Report No. 15, Local Ordinances: The Drafting, Compilations, Codification, and Revision of Ordinances.

MRSC Focus. These articles are published periodically by MRSC and address issues of current interest to cities, towns, and counties in Washington State.

  • Veterans' "Preference" or "Scoring Criteria" Status in Civil Service, by Bob Meinig, MRSC Legal Consultant, May 2000.
  • The Implicit Price Deflator for Personal Consumption Expenditures - Referendum 47's Measure of Inflation, by Tom Sutberry, MRSC Public Finance Consultant, February 1998.
  • SEPA Rule Changes, by Bob Meinig, MRSC Legal Consultant, March 1998.
  • The Year 2000 Computer Problem: Issues for Small Jurisdictions, by Fred Ward, MRSC Manager of Library & Information Services, April 1998.
  • Internet and E-Mail Policies, by Carol Tobin, MRSC Public Policy Consultant, May 1998.
  • Public Hearings - When and How to Hold Them, by Bob Meinig, MRSC Legal Consultant, August 1998.
  • 1998 Bid Law Changes - New Bid Law Flow Charts, by John Carpita, MRSC Public Works Consultant, September 1998.
  • Use of Hearing Examiners by Cities and Counties in Washington, by Bob Meinig, MRSC Legal Consultant, May 1999.

Mayor's Handbook. Report No. 44, February 1999. $20.00(City/County)/$30.00(All Others). This handbook is intended to serve as a guide for mayors in Washington cities and towns operating under the mayor-council form of government. There are also materials on issues which directly concern mayors in council-manager cities and all mayor pro tems (presiding over council meetings, conducting public hearings, etc.).

Nuisance Regulation for Washington Cities and Counties. Report No. 49, March 2000. $16.00(City/County)/$24.00(All Others). This publication provides a basic text that focuses on primary nuisance issues. It defines nuisances, discusses the statutory powers available to abate nuisances, and provides information on methods of enforcement, including sample ordinance provisions.

A Revenue Guide for Washington Cities and Towns. Report No. 46, August 1999. $16.00(City/County)/$24.00(All Others). This report contains up-to-date information on revenue sources available to cities and towns for general government purposes, including the relevant statutory references and court decisions.

Heads Up

Emerging information for local government

Forecasts for an Aging Society - Possible Public Policy Implications

An article in the November-December 2000 issue of The Futurist provides "14 Forecasts for an Aging Society." Among the 14 items are a few that may impact public policy for local governments:

  • Local government employment. More retired seniors will reenter the labor force because they can work without having Social Security benefits penalized.
  • Parks and recreation programs. More seniors are seeking exercise. Currently health clubs report that seniors are the fastest growing group of members.
  • Public policy and communications. Seniors will wield the most power of any demographic group in the voting booth.
  • Benefit programs. Eldercare benefits will become a major issue for workers and their employers as increased eldercare-related absences and falling productivity begin to take a toll on the workplace.

Bioterrorism - Emergency Preparedness Education

President Clinton announced, in a directive issued May 22, 1998, a comprehensive strategy to strengthen defenses against terrorist acts including an anti-bioterrorism initiative that upgrades our public health systems. This coming year, a $265 million Health and Human Services budget is proposed for this program. Part of this initiative is directed toward strengthening the capacity for medical response, especially at the local level. Concerned health professionals feel that both the public and policy makers need to be educated about bioterrorism. MRSC has listed a few resources to assist in this educational effort:

GAO Report on How Federal Programs Affect Growth Management

Congress asked the Government Accounting Office (GOA) to identify (1) growth-related challenges facing local communities, (2) tools and techniques that state and local governments are using to help plan for and manage growth in their communities, and (3) federal programs and policies that state and local governments believe serve as barriers or aids in their efforts to plan more effectively for and manage growth. GAO surveyed all cities with populations over 25,000 and all counties in metropolitan areas. The resulting report, Community Development: Local Growth Issues - Federal Opportunities and Challenges (September 2000), examines growth management techniques being used by state and local governments and the impact of federal policies and programs on these local efforts. Go to www.gao.gov/special.pubs/lgi for the survey results and http://www.gao.gov/new.items/rc00178.pdf for the report.

King County Project "Link-Up" - Recycled Materials Marketing

King County is marketing recycled materials to manufacturers to encourage them to use more recycled materials in their products. The program, called "LinkUp" and launched in February 2000, is sponsored by the King County Commission for Marketing. LinkUp partners with area manufacturers, offering a variety of free, easy-to-access information resources and technical expertise to product and packaging designers, developers, and manufacturers and it assists retailers who offer these products to consumers. The marketing commission was created to ensure the success of recycling and "close the loop" by also developing markets for recycled materials by promoting recycled content products. The commission is housed within the Department of Natural Resources. Approximately $235,000 in funds were appropriated for LinkUp - $135,000 from King County and an additional $100,000 from the city of Seattle.

Marysville Court Amnesty Program

An amnesty program, granting people a chance to pay their outstanding traffic fines minus late fees and interest, generated $11,320 for Marysville Municipal Court. The court cleared 35 cases, with the oldest outstanding ticket dated April 1990 and the most recent ticket issued April 2000. The largest fine paid to the court was $1,584 for two tickets. The city offered the one-time program for two weeks in June to ease the caseload burden and reduce some of the estimated $500,000 in outstanding penalties, most of which were traffic infractions (such as driving without a license). Marysville Messenger, Vol. 11, No.3.

Denver "Cash Key" Parking Program

The city of Denver's Parking Management Division has a new coinless parking meter payment program that uses a programmable key called "CashKey." The key, which can easily be attached to a key chain, is programmed at the time of purchase with a desired value of parking requested by the customer. The user simply inserts the CashKey into a keyhole located next to the coin slot on the meter. For each insertion of the key, 25 cents is deducted from the key balance and time is added to the meter. When the key balance gets low, more time may be purchased and added to the key. Coins may also be used in combination with the CashKey. For more information, including a brochure on CashKey, go to http://www.denvergov.org/dephome.asp?depid=374.

Ask MRSC

Summaries of recent inquiries answered by MRSC consultants

Entering Private Property - May an animal control officer enter private property without consent of the property owner and without a warrant where, in plain view, a dog is being abused?

There appears to be only one situation where an animal control officer may enter private property without a warrant. RCW 16.52.085(1) provides:

If a law enforcement officer or animal control officer has probable cause to believe that an owner of a domestic animal has violated this chapter and no responsible person can be found to assume the animal's care, the officer may authorize, with a warrant, the removal of the animal to a suitable place for feeding and care, or may place the animal under the custody of an animal care and control agency. In determining what is a suitable place, the officer shall consider the animal's needs, including its size and behavioral characteristics. An officer may remove an animal under this subsection without a warrant only if the animal is in an immediate life-threatening condition.

(Emphasis added.) See also, RCW 16.52.015(3)(d) (giving an animal control officer the "power to prepare affidavits in support of search warrants and to execute search warrants when accompanied by law enforcement officers to investigate violations of this chapter").

Performance Bond - Is a performance bond required when a city or county is undertaking a public works project in an emergency situation where it is exempt from competitive bidding requirements?

Unless it is an extreme emergency that falls under the provisions of chapter 38.52 RCW, a performance bond is probably still required. The requirement of a performance bond in RCW 39.08.010 is separate from the competitive bidding requirements in RCW 35.23.352 or 35.22.620. The exemption from competitive bidding requirements in RCW 39.04.280(1)(e) in the event of an emergency does not address performance bonds. However, for "extreme emergencies," RCW 38.52.070(2) provides authority for local governments to take action without regard to competitive bidding requirements or "provisions pertaining to the performance of public work," which would probably include any requirement of a performance bond.

Nevertheless, as a practical matter, even if a situation does not rise to the level of an emergency situation addressed by chapter 38.52 RCW, there may be a need for such immediate action that a city or county would find it prudent to forgo the requirement of a performance bond if procuring it would cause a delay that would result in further damage or costs that the city or county would not wish to incur. The ultimate consequence of failing to require a performance bond is potential liability for the contractor's debts with respect to the project (e.g., payments to workers and suppliers). RCW 39.08.015. A local government may be willing to incur that risk rather than delay a project in the event of an emergency. So, it would appear that common sense and an assessment of relative risks should govern the decision in an emergency situation, other than an "extreme emergency," whether or not to require a performance bond.

Public Records Disclosure Costs - In connection with a public records disclosure request, may a city or county charge for the cost of retrieving and re-filing public records that are archived in commercial facilities that charge for such costs?

No. Public agencies may not charge requestors for any costs incurred with locating records and making them available for inspection and/or copying. Copying charges may, of course, be imposed. See RCW 42.17.300.

Purchase in Lieu of Condemnation - If a city or county is purchasing right-of-way, in lieu of condemnation, and the purchase will leave the property owner with property that cannot be developed and with little or no value, must the city or county purchase that property?

Yes, or at least it must offer to purchase this property, which is known as an "unEconomic remnant." RCW 8.26.180(9) provides, with respect to pre-condemnation acquisition procedures:

If the acquisition of only a portion of a property would leave the owner with an unEconomic remnant, the head of the agency concerned shall offer to acquire that remnant. For the purposes of this chapter, an unEconomic remnant is a parcel of real property in which the owner is left with an interest after the partial acquisition of the owner's property and that the head of the agency concerned has determined has little or no value or utility.

This provision is not limited to situations where a local government is purchasing right-of-way.

Real Estate Excise Tax - Is a purchase by a city or county of real property through the condemnation process subject to the real estate excise tax?

No. RCW 82.45.010(3)(g) specifically exempts transfers of property through condemnation proceedings from the definition of "sale" for purposes of the real estate excise tax.

Tax Deductible Gift - Is a gift to a city or county tax deductible?

A gift to a city, county, or other political subdivision is tax deductible if it is made "for public purposes." The IRS Code, 26 U.S.C. 170(c)(1), defines a "charitable contribution" (which is tax deductible) to include "a contribution or gift to or for the use of":

A State, a possession of the United States, or any political subdivision of any of the foregoing, or the United States or the District of Columbia, but only if the contribution or gift is made for exclusively public purposes.

It will, of course, depend upon the circumstances of a particular gift as to whether it was made for public purposes.

Utility Service - Must a city provide utility service to a person who has declared bankruptcy?

A city may not refuse to provide service or discontinue service based on the filing of a bankruptcy petition. However, a city should bill for services provided to the customer after the date of the bankruptcy filing. A city can also require a security deposit equal to the charges for two months of service. After the filing of a bankruptcy petition, a city cannot take further action to collect delinquent charges that were due prior to the filing of the petition.

Worker's Compensation - May an employee receive pay from sick leave at the same time he or she receives worker's compensation disability pay?

No. If an employee receives full pay as a result of sick leave, he or she would not be eligible for worker's compensation during the time such pay is received. See RCW 51.32.09(6).

How to "Ask MRSC." Assistance from MRSC may be obtained by Phone (206) 625-1300 or 1-800-933-6772 for long-distance calls; Letter 1200 5th Avenue, Suite 1300, Seattle, WA, 98101-1159; Fax (206) 625-1220; or E-mail mrsc@mrsc.org. Telephone inquiry service is available from 7:30 a.m. to 5:00 p.m. If a consultant is not immediately available, you can record a detailed request on voice mail 24-hours a day, and a staff member will call back as soon as possible.

2001 State Legal Holidays

  • January1, New Year's Day
  • January 15, Martin Luther King Day
  • February 19, President's Day
  • May 28, Memorial Day
  • July 4, Independence Day
  • September 3, Labor Day
  • November 12, Veteran's Day*
  • November 22, Thanksgiving Day
  • November 23, Day after Thanksgiving
  • December 25, Christmas Day
  • Optional, Floating Holiday

Cities, towns, and counties do not have to follow this holiday schedule.

The MRSC office will be closed on these days.

*RCW 1.16.050 provides that when a legal holiday, other than Sunday, falls upon a Sunday, the following Monday shall be the legal holiday.

Library Listings

New resource materials now available

Resource Sharing

The Information Partnership Program seeks and collects current materials from Washington local governments. The materials received provide answers and support to the challenges faced by cities and counties every day. You may order the materials below by contacting the MRSC library at (206) 625-1300 or 1-800-933-6772 or e-mail us at mrsc@mrsc.org. A comprehensive list of IP materials received may be requested from the library or viewed on our Web site at http://www.mrsc.org/library/rshare.htm.

Employee Handbooks

Auburn Unaffiliated personnel employee handbook, 57 p., (PE 3.1000 A9 U52); Walla Walla New employee orientation, 9 p. (PE 3.1000)

Equipment Rental and Replacement Funds

Camas Resolution 880 establishing rental rates to be charged by the Equipment Rental Department, 2 p., 9/27/99 (F 4.6100)

City Councilmembers Use of City-Issued Computers

Port Angeles Policies for conditions of use, IS resources, 2 p. (IS 1.4000)

Collection of Outstanding Accounts Receivable

Port Angeles Collection of accounts receivables, from Customer Service Division Policy and Procedures, 2 p.

Intergovernmental Service Contracts/Reciprocal Equipment Use Agreements

Auburn Resolution No. 3136 interlocal agreement with the city of Algona for services to be provided by the city of Auburn information services section and the Auburn police department for use of the Spillman Public Safety System, 16 p., 12/16/99 (PS 6.7000); Ordinance 5405 interlocal agreement establishing a joint safety officer position for the city of Auburn and the city of Puyallup, 7 p., 5/30/00 (PS 6.7000); Des Moines Interlocal agreement with King County for provision of fire investigation services (PS 3.4000); Interlocal cooperation agreement with King County for law enforcement mutual aid, 4 p., 10/15/91 (PS 6.7100); Interlocal agreement with city of SeaTac for provision of senior services, 4 p., 4/8/94 (H 4.2000) Port Angeles Interlocal agreement, fiber optics network feasibility and implementation, 2 p., 9/7/99 (IS 2.1000); Reciprocal maintenance agreement with port of Port Angeles, sharing of labor, equipment and materials, 3 p., 12/3/96; Cost sharing agreement with port of Port Angeles to obtain a feasibility and fiscal impact study for the development of a hotel and conference center, 6 p., 8/7/97 (PP 6.2500) Westport Municipal services agreement with Grays Harbor County for implementation of educational projects related to domestic violence, 5 p., 10/11/99 (PS 7.4220); Reciprocal maintenance agreement with Washington DOT for manpower, equipment or materials for roadway construction and maintenance activities, 3 p., 6/19/97 (S 2.2100)

New Acquisitions

This list contains new publications, ordinances, and other materials recently received by the MRSC library. We also prepare a more comprehensive list of new acquisitions each month which is posted on our Web site at www.mrsc.org/library/newacq.htm. If you would like to borrow one or more of these publications, please contact Sarah Sodt in our library at (206) 625-1300.

Counties

County Revenue and Expenditure Patterns; Washington; D.C.; National Association of Counties; 2000; 28 p. [CO 1.0000 C66 2000]

Economic Development

Bidding for Business: The Efficacy of Local Economic Development Incentives in a Metropolitan Area; John E. Anderson and Robert W. Wassmer; Kalamazoo, Mich.; W.E. Upjohn Institute for Employment Research; 2000; xii; 244 p. [ED 5.0000 B53 2000]

Overall Economic Development Plan; prepared for Skagit Council of Governments; prepared by E.D. Hovee & Company; Mount Vernon, Wash.; Skagit County; 2000; 114 p.; ill.; 70 p.; 1995 ed. [ED 4.4000 S52 O85 2000]

Environment

Analysis of Institutional Innovation in the Natural Resources and Environmental Realm: The Emergence of Alternative Problem-Solving Strategies in the American West; Douglas S. Kenney and William B. Lord; Boulder, Colo.; University of Colorado; Natural Resources Law Center; 1999; x; 109 p. [EN 1.2000 A51 1999]

Finance

Beyond Data: Current Uses of Comparative Performance Measurement in Local Government; Lydia Bjornlund; Washington D.C.; International City/County Management Association; 1999; ix; 129 p. [F 3.6400 B49 1999]

Revenue Collections Manual; Municipal Treasurers' Association of the United States and Canada; Washington D.C.; 2000; vi; 58p. + appendix. [F 5.0000 R48 2000]

Governance

Annexation: A State by State Guide; Washington D.C.; National Association of Counties; 1999; 81 p. [G 3.1600 A56 1999]

Smart Choices: A Practical Guide to Making Better Decisions; John Hammond, Ralph L. Keeney and Howard Raiffa; Boston, Mass.; Harvard Business School Press; c1999; x; 244 p.; ill. [G 9.2000 S61 1999]

Housing

Cottage Housing Development; The Housing Partnership; Seattle, Wash.; 2000; 7 p. + appendix; ill. [HO 4.7000 C68 2000]

Mixed Use Housing in Urban Centers; The Housing Partnership; Seattle, Wash.; 2000; 12 p. [PL 8.3180 M592 2000]

Information Services

"Easing the Way for E-permitting"; Sidney O. Dewberry; Civil Engineering; September 2000; pp. 54-57 [IS 4.2100]

Licensing and Regulation

Olympic Pipeline Explosion: A Retrospective; Bellingham, Wash.; Huxley College of Environmental Studies; Western Washington University; 2000; 62 p. [LR 64.0000 O49 2000]

Pipeline Safety: The Office of Pipeline Safety is Changing How It Oversees the Pipeline Industry; report to the Ranking Minority Member; Committee on Commerce; House of Representatives; United States General Accounting Office; Washington D.C.; 2000; 61 p. [LR 64.0000 P56 2000]

Planning/Land Use

The Practice of Sustainable Development; Douglas R. Porter, et al; Washington D.C.; ULI-the Urban Land Institute; 2000; xii; 162 p.; ill. [PL 14.1000 P73 2000]

Profiles of Business Leadership on Smart Growth: New Partnerships Demonstrate the Economic Benefits of Reducing Sprawl; National Association of Local Government Environmental Professionals; Washington D.C.; 1999; 92 p.; ill. [PL 8.6270 P76 1999]

A Short Course on Local Planning; Planning Association of Washington; Seattle, Wash.; 1999; 1 v. (looseleaf, various pagings). [PL 0.0009 S56 1999]

Sprawl Busting: State Programs to Guide Growth; Jerry Weitz; Chicago; American Planning Association; 1999; xxxii; 383 p.; maps. [PL 8.62000 S78 1999]

Suburban Nation: The Rise of Sprawl and the Decline of the American Dream; Andres Duany, Elizabeth Plater-Zyberk, and Jeff Speck; New York; North Point Press; 2000; xiv; 290 p.; ill. PL 3.5000 R57 2000

Tukwila International Boulevard Plan: Revitalization, Urban Renewal; City of Tukwila; Tukwila, Wash.; 2000; 1 v. (various pagings); ill.; maps. [PL 8.3120 T8 T85 2000]

Washington State Rural Communities Speak Out: A Series of Local Discussions; presented by Washington State Rural Development Council; Olympia, Wash.; 2000; 75p. [PL 4.3000 W38 2000]

Public Safety

Guide for Preventing and Responding to School Violence; The International Association of Chiefs of Police; Alexandria, Va.; 1999; 87 p. [PS 7.4285 G83 1999]

Public Works/Utilities

The Gopher Guide to Dig Safely; Washington Utilities Coordinating Council; 2000; 1 videocassette (VHS) (8:30 min.); sd; col.; 1/2 in. [U 8.0000 G66 2000 VID]

Low-Impact Development Design Strategies: An Integrated Design Approach; prepared by Prince George's County, Maryland; Department of Environmental Resources; Programs and Planning Division; Largo, Md.; 2000; 1 v. (various pagings); ill. [US 5.0500 L69 2000]

Low-Impact Development Hydrologic Analysis; prepared by Prince George's County, Maryland; Department of Environmental Resources; Programs and Planning Division; Largo, Md.; 2000; ii; 39 p. + appendix; ill. [US 5.0500 L695 2000]

The New Watershed Source Book: A Directory and Review of Watershed Initiatives in the Western United States; Douglas S. Kenney, et al.; Boulder, Colo.; University of Colorado Law School; Natural Resources Law Center; 2000; xiii; 460 p.; ill. [UW 7.2000 N49 2000]

Start at the Source: Design Guidance Manual for Stormwater Quality Protection; Bay Area Stormwater Management Agencies Association; New York; Forbes Custom Publishing; 1999; viii; 150 p. + appendices; ill. [US 5.0500 S81 1999]

Stormwater Education Programs: Selected Examples from Puget Sound; Puget Sound Water Quality Action Team; Olympia, Wash.; 2000; 42 p. [US 5.0520 S76 2000]

Streets and Sidewalks

Getting It Right in the Right-Of-Way: Citizen Participation in Context-Sensitive Highway Design; Deborah L. Myerson; Washington, D.C.; Scenic America; 2000; 23 p.; ill. [S 2.1000 G47 2000**]

Transportation

The 2001 Metropolitan Transportation Plan Alternatives Analysis and Draft Environmental Impact Statement; Puget Sound Regional Council [PSRC]; Seattle; 2000; 2 v.; xxxvi; 219 p. + appendices; maps. [T 4.4000 M456 2000]

The Dimensions Of Parking; NPA Parking Consultants Council; 4th edition; Washington, D.C.; The National Parking Association and the Urban Land Institute; 2000; xii; 170 p. [T 7.0000 D555 2000]

Recommendations to Reduce Pedestrian Collisions; Washington Quality Initiative's Pedestrian Safety Improvement Team; Olympia, Wash.; 1999; viii; 32 p. + appendix; ill. [T 3.7200 R42 1999]

Transportation Impact Fees and Excise Taxes: A Survey of 16 Jurisdictions; Connie B. Cooper with an introduction by Eric Damian Kelly; Chicago, Ill.; American Planning Association; 2000; 62 p.; ill. [T 2.2000 T73 2000]

Wishing you
gifts of
hope, peace,
and joy this
Holiday Season

Municipal Research News is published quarterly by the Municipal Research & Services Center

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