Click here to skip to main content.
scenic picture from Washington state
MRSC PUBLICATIONS › NEWS › Municipal Research News - December 1992
 

Note: Some of the information on this archival Web page may no longer be current.

Municipal Research News

Resources for Washington's Cities and Towns
December 1992

Articles

Please Support Our Budget Request

We are gratified by the responses received from local officials who use our services. You must be telling your peers and friends about us. In the past four years, the number of inquiries handled by the Center increased by 80 percent. Library loan activity has more than doubled in the past two years. Some growth in service demand is due to Washington's urban population growth—15 percent in four years because of the formation of new cities, annexations, and population increases. State and federal mandates, tight local budgets, and the rapid pace of change have also created service demands.

During this period the Center's budget remained constant after adjusting for inflation. We have satisfied growth in service demand solely through productivity gains by automating Center functions, streamlining procedures and eliminating non-essential activity. We are proud that we have been able to accomplish so much without increasing staff. The Center's activities are funded through the cities' portion of the Motor Vehicle Excise Tax. We are actually using a smaller fraction of this fund source than four years ago—even though service has increased significantly.

We are projecting continued growth in demand for Center services over the next few years. Inquiry volumes will grow 12 to 15 percent per year through the next biennium (1993-95). We need your support to insure that the Center has sufficient resources to provide the services that you need. Without additional staff we will not be able to satisfy growth in demand while providing the high quality service you expect.

In June the Municipal Research Council approved a proposed 25 percent increase in the Center's budget for the next biennium: seven percent for inflation, three percent to offset an expected loss of growth management technical support, and 15 percent for service growth. The Board of the Association of Washington Cities has endorsed this request. This seems like a large increase during poor Economic times. However, your city officials are more dependent on our services when you cut staff and contract services. Staff size has been relatively stable for over a decade. Without additional help we simply will not be able to keep up with demand.

What will you get in return for this support? Highlights of the Center's 1993-95 work program include:

  • A 25 percent increase in the number of inquiries handled by the Center.

  • Updates of important municipal reference works.

  • New publications that address topics requested by city and town officials.

  • An aggressive program to enhance "Your Municipal Reference Library" to address your needs.

  • New data bases with direct electronic access by public officials.

  • Continued quality service promptly delivered with a smile.

Please help the Center by letting your state legislative delegation know that you support the proposed 1993-95 Municipal Research Council budget.

1992: A Good Year

It is difficult to believe that another year has passed. In review, much has been accomplished in what seems to have been a very short time. Since it is the year's end, we are highlighting some of those achievements and reporting on your responses to our "Help Us Improve Our Service ..." post cards.

MRSC's achievements for 1992 include the following:

  • Responded to approximately 6,800 inquiries; 800 more than last year.

  • Completed the new Inquiry Retrieval program, an information base containing nearly 10,000 inquiries stored in "Folio Views." This database allows full text retrieval of all significant inquiries written up by MRSC since September 1988.

  • Installed an automated library loan system for tracking items borrowed from MRSC's library. Over 8,000 items have been entered into the cataloging software. About a third of the library collection remains to be entered into the automated catalog.

  • Launched a campaign to get municipalities to provide information for the MRSC library where resources can be shared.

  • Among others, completed three "best seller" publications—Revenue Guide, Affordable Housing Techniques, and Municipal Incorporation Guide.

  • Completed the following growth management publications for Department of Community Development: Issues in Designating Urban Growth Areas, Part I and II; Preparing the Heart of Your Comprehensive Plan: A Land Use Element Guide. The following are in process: A Guide to Doing an Open Space Element under Growth Management; A Guide to Doing a Rural Element of a Comprehensive Plan; Phasing of Urban Growth.

  • Created the Information Futures Task Force to assist with assessing information needs of city and towns, improve information delivery, and anticipate future needs. The task force recently reviewed items to be included on an electronic bulletin board which should be operational in 1993.

  • Completed the Washington Officials Database which integrates several existing, but disparate data bases developed by MRSC, WFOA, APWA, WSAMA, and WCMA. Integration of these databases improves the efficiency of roster publications, mailings, report preparation, and updates.

  • Nearing completion of a major upgrade to our computer system. Seven new 486 PCs with color monitors were purchased for the consultants. We are waiting for delivery of a new file server (master computer) which will upgrade our local area network (LAN) and allow us to proceed with the creation of an electronic bulletin board and acquisition of CD-ROM products such as CD LAW and WLN's LASER CAT.

No program can remain effective without feedback from its users. One method of evaluating MRSC's service program is the use of return postcards which accompany inquiry responses. The cards request an evaluation of the response and solicits suggestions.

MRSC believes that our accomplishments have responded to our users comments. A brief summary of user responses received in the past year follows:

  • Was the material provided in response to your inquiry useful? Was our response prompt? Of those who responded over 99 percent said it was.

  • How will this information benefit your city? Most said our inquiry responses were used to prepare ordinances, establish procedures, and help with the decision making process.

    Several respondents said the greatest benefit of MRSC's service was keeping their city "out of trouble."

  • How could we improve our service to you? The most often repeated suggestion was increasing and improving our library resources. This was followed by suggestions for issuing occasional digests of MRSC's information, and providing an electronic bulletin board service to cities.

  • Suggested topics for future MRSC publications: Many topics were listed, some which we already have included in our publications program. For those that received more than one suggestion, growth management topped this list, followed by the Americans with Disabilities Act, conservation, recycling, business licensing and drafting ordinances.

The Center strives to make our program respond to your needs. In 1992 significant progress was made toward redirecting the publications program; automating administrative, library, and information services; enhancing the library resources; and creating cooperative partnerships with other groups to better serve our clients. MRSC is gratified by the overwhelming positive response received by our users. We look forward to the challenges of 1993.

Fair Labor Standards Act Review

By Patrick W. Mason
MRSC Senior Legal Consultant

Application of the federal Fair Labor Standards Act (FLSA) to local governments and their employees is the subject of numerous inquiries to MRSC. Most of these questions relate to the overtime requirements under the FLSA. Although it is impossible to answer all of the questions which arise under this Act, this article provides a brief summary of some of the most commonly-asked questions. Since this article is limited in depth and scope, we recommend that you consult with your city attorney or call MRSC for more detailed information and answers to your questions.

What is the FLSA? The Fair Labor Standards Act sets minimum wage, overtime pay, equal pay, recordkeeping, and child labor standards for employees covered by the Act and not exempt from specific provisions. It is a federal law, enacted by the United States Congress in 1938. Initially, the FLSA applied only to private sector employers. However, in 1985 the U.S. Supreme Court concluded that Congress could apply the FLSA to state and local governments under the Commerce Clause of the Constitution. Since 1985, cities and towns have had to comply with the FLSA.

Must municipalities comply with both federal and state overtime laws? Yes. Cities must comply not only with the federal Fair Labor Standards Act, but also with the Washington State Minimum Wage Act, which also applies to public agencies and contains overtime requirements. Most of the provisions of the two Acts are similar. However, when there is a difference, the municipality must comply with the most liberal law when viewed from the employee's perspective. Therefore, when state law provides greater benefits than the FLSA,the city must comply with state law. If the reverse is true, the city must comply with the federal law.

May the provisions of the FLSA be waived in a union contract? The general answer here is no. If a collective bargaining agreement calls for benefits which are less generous than the FLSA, the agreement is invalid and the provisions of the FLSA take precedence.

May a city or town be more generous in its personnel policy to employees than required by the FLSA? Yes. The FLSA is intended to establish a floor below which overtime and other benefits cannot be set. However, cities are free to establish local personnel policies which provide more generous benefits to employees.

Are all employees of a city or town covered by the Act? No. Not all city employees or workers are covered by the FLSA. They are referred to as non-covered employees, and include elected officials, staffs of elected officials, bona fide volunteers, and independent contractors. If an employee is not covered by the Act, then none of its provisions apply, including recordkeeping requirements.

Who are exempt employees under the Act? Other employees are exempted from the minimum wage and overtime provisions of the Act. These employees are still covered by the FLSA recordkeeping requirements. The major general exemptions of concern to municipal employers are the "white collar" exemptions.

What is the white collar exemption? A threshold requirement for application of the white collar exemption is that the employee be paid on a salary basis. This requirement has recently become the source of numerous problems for state and local government employers, as will be explained in the next question. If the salary basis requirement is not satisfied, an employee cannot meet the requirements of the white-collar exemption and overtime must be paid.

The mere fact that an employee is paid on a salary basis does not alone qualify the employee as exempt. The exemptions are based on the actual duties of the position (the job title alone does not determine whether the position is exempt or not). The FLSA regulations contain tests to determine if a specific position is exempt as an administrative, executive, or professional position. There is not space in this article to outline the tests, but MRSC can provide the full tests on request.

May white-collar employees continue to be exempt, even if their salary is subject to deductions for absences from work of less than one work day? In recent years, federal court decisions narrowly interpreting what constitutes a salaried employee have created confusion. In order to provide guidance to municipalities in view of these cases, the Department of Labor recently issued final regulations on this subject, which were effective on September 18, 1992. These new regulations allow public sector employees who otherwise qualify for the white-collar exemption to continue to be exempt from FLSA overtime requirements even if their salary is subject to deductions for absences from work of less than a day. For example, cities may make deductions for a two hour doctor's appointment without changing the exempt status of a salaried employee.

When are police and fire employees exempt from the overtime requirements of the Act? A special test exists for public safety employees. The FLSA provides a complete overtime exemption for any employee of a public agency who in any given week engages in law enforcement or fire protection if the agency employs fewer than five employees during the work week in law enforcement or fire-fighting activities.

For purposes of this exemption, the number of law enforcement and fire protection employees are considered separately. For example, if a city employs fewer than five employees in fire protection activities but more than five employees in law enforcement activities, it may claim an exemption for the fire protection employees butnot for the law enforcement employees. Part-time employees are counted in determining the number of public safety employees, but true volunteers are not. (It is important to remember that an exemption from the overtime requirements of the federal FLSA does not mean such police officers and fire fighters are exempt from state overtime laws).

When is overtime compensation required? The FLSA does not limit the number of hours that an employee may work, either daily or weekly. It merely requires that overtime must be paid for each hour worked in a work week in excess of the maximum hours applicable to the type of employment in which the employee is engaged. This usually means that overtime must be paid for hours worked in excess of forty hours per week. The Act does not require that an employee be paid overtime compensation for hours worked in excess of eight per day, or for work on Saturdays, Sundays, holidays, or regular days of rest, so long as the maximum number of hours prescribed in the Act are not exceeded.

What is the applicable work week for police and firefighters? For most public employees, the work week is a period of seven consecutive twenty-four hour periods. However, the FLSA contains a partial exemption in the overtime provisions for certain law enforcement and fire protection employees. Basically, the exemption allows an adjustment to the work period. The work period for police or firefighters may vary from the standard length of seven days up to twenty-eight days. MRSC has a copy of the chart available which illustrates the maximum allowable hours in any given work period for police and firefighters before overtime pay is required.

Do sick leave, vacation, holidays, or other such absences count towards the number of hours worked? No. Overtime need only be paid for all hours actually worked in excess of forty in a week. This is the case even if the sick day (vacation, holiday, snow emergency day, etc.) is paid. However, some collective bargaining agreements do call for calculating sick days as compensable working time, and the employer must follow the terms of such an agreement.

Must a city pay overtime if an employee works 10 hours in a day? Not necessarily. Overtime requirements are calculated on a work week basis and an employee may work ten hours in one day without exceeding any overtime requirements.

Is on-call time counted as a compensable hour of work? This is a difficult area to answer on a general basis. The answer depends upon the extent of the employee's freedom during the on-call time. If employees are required to remain on the premises of the employer or so near as to preclude engaging in personal activities, the time will probably be compensable.

May compensatory time be utilized under the FLSA? Yes. Public employers are allowed to provide compensatory time off in lieu of paid overtime. Employers are not required to provide a comp time option for employees, but it is an alternative available. The FLSA does provide a cap on comp time which may be accumulated by employees. The cap for employees in public safety activities is four hundred eighty hours of comp time, and for all other employees, the cap is limited to two hundred forty hours. Cities may place a lower cap on accrued comp time if desired.

Interest Rate Return

By Judith Cox
MRSC Public Finance Consultant

Like individual investors, city and town treasurers have recently been trying to find ways of maintaining the return on their investment portfolios as interest rates have fallen. There are no magic solutions. Higher rates of return are available, but only if one chooses longer term investments. Depending upon the financial situationin your city or town, this may or may not be a prudent thing to do.

The longer term investments that carry higher rates are notes and bonds. Eligible investments for cities and towns include U.S. Treasury notes and bonds,1 notes and bonds of federal agencies such as the Federal Home Loan Bank and the Federal National Mortgage Association ("Fannie Mae"), and bonds of the State of Washington or any local government within the state that have one of the three highest credit ratings given by a nationally recognized rating agency.2 Bond mutual funds, even if they invest 100 percent of their money in investment vehicles that are on the State Treasurer's list, are NOT permissible investments for most municipal purposes. Money market mutual funds are also not allowable investments.3

"Bond mutual funds...are NOT permissible investments for most municipal purposes."

Listings of U.S. Treasury and agency securities can be found in the Wall Street Journal. These securities are being resold in the sEcondary market and will cost you a brokerage fee. Once a month or once a quarter, depending on the maturity, new issues are offered by the Federal Reserve Bank. If such an auction is being held at the time you wish to make your purchase, you can purchase them through a Federal Reserve branch where there is no fee.

So what's the risk? Treasury securities are backed by the full faith and credit of the federal government. Agency securities (which carry a slightly higher rate of interest and which are somewhat harder to resell) are not, but they would probably be bailed out in a pinch. There is no risk if you hold the security to maturity. At that time you will be paid the principal in full. However, if you have to sell before maturity, you are subject to "interest rate risk." Here is how it works.

Assume that the current interest rate on a one-year note is four percent and on a two-year note is five percent.4 And assume that you have done a cash flow analysis of your funds and you are quite certain that you have $1,000 that you can invest for one year and earn $40. But that four percent rate looks so low. Maybe, you think, you won't need the money for two years. Then you can get five percent and earn $50.

But what happens if you need to sell your note after one year? At that point, you are holding what is, essentially, a one-year note in competition with other one-year notes on the market. The price you can get for your note now will be determined by what the current interest rate is on one-year securities. Let's look at a couple examples.

  1. Assume that since you purchased your note, the interest rate on one-year securities has risen to 5.1 percent. You will not be able to sell your note for the $1,000 you paid for it. People will only pay the price that will produce the yield of 5.1 percent that is prevailing in the market. How much will that be?

    The price of your note has to drop to $980.39 to produce a yield of 5.1 percent. During the year you held the security, you earned $50 interest, but then you lost $19.61 on the sale for a total return of $30.39 or 3.039 percent (less your brokerage fees). You would have done much better to buy the one-year note and earn $40. If the interest rate on one-year notes is even higher than 5.1 percent, the price decrease will be even greater. In fact, if the rate rises to 5.27 percent, not only do you not do as well as with a one-year note, you actually have a negative rate of return.

  2. Now, of course, interest rates can go down as well as up. If the rate next year on one-year notes falls below five percent, you can make a profit on your two-year note. Assume, for example, that the rate falls to 4.9 percent. People will be willing to pay more than $1,000 to own your note.

    You will be able to sell it for $1,020.41, and you will have earned a total of $50 plus $20.41 for a total return of $70.41 less commissions. A good rule to remember is "bond and note prices and interest rates always move in opposite directions."

Each city and town has to make its own decision about whether it is wise to make longer-term investments in order to get a higher rate of return. Interest rates have risen a bit in the past two months and most Economists currently believe that they will continue to increase in the coming year. If that happens, and you need to sell notes that you are holding before they mature, your total rate of return will be lower than you had planned on. The rates on short-term investments are miserable these days, but at least you are not losing money.

1 Notes are issued with maturities of two, three, five, seven and ten years. Bonds have maturities of 30 years. Treasury bills, which are also eligible investments, have a maturity of one year or less.

2For a complete list of eligible investments, see pages 1-4 of the publication Eligible Investments for Public Funds. This booklet is available from the State Treasurer's Office.

3Only monies that are subject to the arbitrage provisions of section 148 of the Internal Revenue Code may be invested in mutual funds. If you are preparing a bond issue, your bond counsel can help you with any arbitrage problems.

4For simplicity and clarity, round numbers have been used rather than the interest rates prevailing as this article is written. We will also refer to Treasury bills as one-year notes to keep the terminology simple.

Ask MRSC

This column contains summaries of recent inquiries answered by MRSC con-sultants. The detailed legal analysis has been simplified; however, if a complete copy of the inquiry response is desired, please contact the Center.

Annexation - What if an annexation petition is filed with the statutory boundary review board (BRB) in an area where a prior petition for incorporation has been filed?

There are two statutes that could apply. RCW 35.13.175 provides that after the filing of a petition of annexation, no petition for incorp-oration may be acted upon until the original petition for annexation has been finally disposed of. RCW 36.93.115 says that a BRB may act upon a petition for annexation without regard to whether a petition for incorporation was previously filed for the same area.

Therefore, if the incorporation petition is filed first, the BRB has discretion to process the annexation first or the incorporation first. If the annexation petition is filed first, then the BRB must process it before the incorporation. (Inquiry No. 92-5378)

Fund Raising - Can a city sell T-shirts and give funds to the library?

Yes. It must charge sales tax and pay the sales tax and a retailing business and occupation tax to the state. (Inquiry No. 92-5088)

Golf Course Fees - If a golf course is run as an enterprise fund, may nonresidents be charged a higher fee once the G.O. bonds are paid off?

Possibly. Nonresidents may be charged a higher fee if it can be justified because of additional taxes paid by city residents to support the golf course. As long as city residents are paying off a bond issue with property taxes, a rate differential is supported. However, once the bond is paid off, it will be harder tojustify.

It might be possible to justify higher rates for nonresidents because the residents of the city did purchase the golf course at one time with city funds. The city provides police and fire protection from general fund money for the golf course. Therefore, while it may be more difficult to justify, it is possible to argue that a higher rate for nonresidents is still justified. (Inquiry No. 92-5354)

Hotel/Motel Tax - Can the hotel/motel tax funds be used for a historical museum?

Yes. Visual arts museums, which include historical museums, are a permitted use. If it is publicly owned, funds can be appropriated in the annual budget. If it is built by a non-profit historical society, the city must write a contract for services. (Inquiry No. 92-5269)

Reemployment of Councilmember - How long must a councilmember wait after resigning from the city council before taking a job in the same mayor-council, noncharter code city?

There may be policy considerations as to whether or not this is a good practice, but there is no state statute or regulation indicating that a time period must elapse between the time of resignation as a councilmember and assumption of a job or position with the city. From a legal standpoint a councilmember may resign from the council and immediately be appointed to a city office with the city.

There is, however, a restriction for councilmembers in council-manager cities. Statutory provisions indicate that a councilmember may not be eligible for appointment as city manager of such a city until one year has elapsed following the expiration of the term for which he was elected. (Inquiry No. 92-4481)

Reserve Funds - How much should a city have in reserve funds?

Two numbers are frequently seen—five percent of the general fund budget and one month's expenditures. These are cited in the Government Finance Officers' Publication An Elected Official's Guide to Fund Balance. How these amounts were derived is unknown and we know of no empirical tests, but they are generally accepted among finance types. (Inquiry No. 92-5631)

Vested Rights - Does a developer have a vested right to a connection fee at a certain level?

No. In Lincoln Shiloh Assoc., Ltd. v. Mukilteo Water District, 45 Wn. App. 123 (l986) the court of appeals refused to find a vested right to be charged only the fees for water connection in effect on the date of building permit applications. The court stated that the vesting rule applied to zoning regulations, not to fees, and found the building permit cases not controlling. Therefore, if a city raises the utility connection fees after a building permit has been applied for, the owner will have to pay the connection fees in effect at the time of the of the actual connection. (Inquiry No. 92-5352).

Weapons - May a city ban the carrying of weapons by certain city employees?

Yes. The case Cherry v. Metro Seattle, 116 Wn.2d 794, 808 P.2d 746 (1991) held that the Municipality of Metropolitan Seattle (METRO) could prohibit its bus drivers from carrying weapons. Such a regulation, the court concluded was not preempted by the state firearms law. This decision would also support a city or town's efforts to regulate or prohibit an employee's possession of firearms while on the job or in the workplace. (Inquiry No. 92-5339)

1-800-933-MRSC!

A Word About Overdue Library Materials ...

The significant increase in the demand for inquiry assistance from MRSC has been accompanied by a greater usage of materials in MRSC's library. Our new automated circulation system allows us to place a reserve on items that are checked out. When the items are returned from one borrower, they can immediately be sent out to the next person on the reserve list. However, the failure to return library loan materials in a timely manner is an inconvenience to the persons waiting to use the information. For the library staff, prompting you to return overdue material is time-consuming and not cost-effective.

We have outlined the library loan policies below so that you can assist in keeping our resources circulating among the borrowers in a timely manner.

The general loan period is one month. Shorter loans are used for items in high demand. All growth management-related materials and new publications are on a two-week loan.

All loans have a red-bordered "On Loan" sticker giving the due date and a reference number. When you receive your loan, please note the date due. If the material is needed longer, call Lois Weed (206-827-4334 or 1-800-933-6772) for a loan renewal. You will be asked your name and the reference number. A loan extension can be accommodated if someone else doesn't need the material.

If the loan is not returned, an overdue reminder is sent. Please respond by either returning the material or calling the MRSC Library, particularly should you not be able to locate the material. If the material is notreturned within 60 days and you have not contacted us, it will be assumed lost and replacement costs will be assessed.

Our successful library loan program is dependent on your cooperation. If you are tempted to ignore the due date, remember your fellow colleagues who might be waiting to use the material you have borrowed.

Resource Sharing

The Washington Cities' Information Partnership

Copies of the following items are available from MRSC's library. Should your city or town have a publication, new service, or procedure that can be shared with other municipalities, please provide information to MRSC for inclusion in the next issue of the newsletter.

From Bainbridge Island—Agreement for Use of Private Vehicle, furnished by Lynn Nordby, City Administrator, 3 p.

From Bellevue—Public Art Program Guidelines, Revised 4-89, 8 p. Bellevue and Kirkland Court Study: Final Report, September 8, 1992, unpaged.

From Des Moines—Open Space Element and Public Facilities and Utilities Element of the Greater Des Moines Comprehensive Plan (Ordinance Nos. 972 and 980).

From Federal Way—City of Federal Way Alternative Work Schedules Policies/Standards, 1992, 8 p.

From Kitsap County—Kitsap County-Wide Planning Policy, August 10, 1992.

From Mukilteo—City of Mukilteo Wastewater Sewer Rate Study, by Kato & Warren, Inc., 1991, 21 p.

From Pullman—City of Pullman Growth Management Manual, September 1992.

From Puyallup—Comprehensive Park and Recreation Plan, November 1988, 134 p.

From Redmond—Solving Drainage Problems Around Your Home, a 15 page public information brochure produced by the Stormwater Division.

From Renton—Draft Comprehensive Plan Policies, October 13, 1992, various pagings. Contains draft policies for the Land Use Element of the comprehensive plan. Renton's Got It All, a colorful brochure that serves as a guide to recreational and cultural opportunities and facilities in Renton. Brochure includes a map, descriptions of special events, libraries, museum, theater and visual arts organizations.

From Seattle—City of Seattle Community Development/Human Services Program Proposed 1993 Interim Policy Plan, August 1992, 66 p. Seismic Hazards in Seattle, Planning Department, June 1992, 53 p.

From Soap Lake—Gambling Tax Return Form, developed by Shirley Roberson, Clerk-Treasurer.

From Spokane—Spokane Police Department Volunteer Services Program, March 1992.

From Tacoma—Construction Equipment and Operator Availability Contract in Times of Disaster provides for the exclusive availability to the City of Tacoma in times of disaster. Craig J. Kerr, Tacoma's Financial Manager/Purchasing Agent has provided copies of bid specification No. G-007-92, a letter to the Board of Contracts and Awards recommending bid awards, Resolution No. 31817 awarding the bid, and contract copies. Brochures from the Tacoma Arts Commission.

From Tumwater—Draft of Housing Element of Comprehensive Plan, 59 p.

From Vancouver—City of Vancouver Proposal and Specifications for Janitorial Services for Various City Buildings, 1992.

From Yelm—Yelm Comprehensive Transportation Plan and Final Environmental Impact Statement, August 1992. 95 p.

Community Policing - The Partnership Between Citizens and Police

The roots of community policing date back to the 1829 writings and police applications of British Home Secretary Sir Robert Peel who believed that a community needed a protective body of well-selected and trained men in order to prevent crime and institute social order. The contemporary concept was developed by Professor Herman Goldstein of the University of Wisconsin Law School. It affirms the importance of police and citizens working together to control crime and maintain order.

The current trend is led by a number of geographically diverse cities including Atlanta, Baltimore; Houston; Lansing, Michigan; Madison, Wisconsin; Morgantown, West Virginia; New York City; Philadelphia; San Diego; Tampa, Florida; and Tulsa, Oklahoma. Some 300 cities across the country now have elements of community policing. In Washington State we are aware of programs in Seattle and Bellingham.

The National Institute of Justice, NIJ, is currently engaged in a comprehensive program of research, technical assistance and training to encourage innovations in community policing and police-citizen partnerships to combat crime and drugs. NIJ is publishing a series of Research in Brief reports on community policing. The first is on South Seattle's police-citizen partnership.

An introductory note to the Seattle report, NIJ's director, Charles B. DeWitt says, "we believe in community policing's potential for better, smarter law enforcement." It is recognized that citizens have a stake in their neighborhoods. Positive contacts between police and citizens can reduce the fear of crime and improve neighborhood life.

To read more about community policing, contact MRSC's library for the following ...

  • Bellingham's Community Outreach Program, by Captain Randy Carroll, Bellingham Police Department. 3 p.

  • Community-Oriented Policing in Council-Manager Cities, ICMA MIS Report, July 1992, 19 p. Discusses Aurora, Colorado; Richmond, Virginia; Rockville, Maryland; and Haywood, California.

  • Community Oriented Policing: Getting Back to Basics, by Ellen S. Posivach. Virginia Town & City, September 1992, pp. 11-12.

  • Community Policing: Overcoming the Obstacles, by George E. Rush. Police Chief, October 1992, pp. 50-55.

  • Community Policing: A Partnership with Promise, by Lee P. Brown. Police Chief, October 1992, pp. 45-48. Discussion of New York City's program.

  • Community Policing in Seattle: A Model Partnership between Citizens and Police. National Institute of Justice Research in Brief, August 1992, 11 p.

  • Neighborhood Cop! Illinois Municipal Review, March 1992, pp. 13-17. Summary of Elgin, Illinois program.

New Ordinances Received by MRSC

The Center's library prepares a monthly list of recently enacted ordinances received from cities and towns. For a copy of ordinances listed here or the complete list, call the MRSC Library at (206) 827-4334.

Animal Control—Fircrest Ordinance No. 997 adds a new chapter to the municipal code entitled "Household Pets and Small Domestic Animals." Passed 1/92. Oak Harbor Ordinance No. 918 amends municipal code provisions relating to: restraint, vicious animals, fees - schedules, vaccination required, dogs and cats - minimum impound period, unclaimed animals - sale or destruction, and owner request to dispose of or destroy animal; and adds new sections regarding prohibition of the sale or give away of animals in front of local businesses or stores, tag issuance, inked ledger of all impounded animals, and altering of all sold or given away animals. Passed 5/92. (LR 8.2000)

Cellular Telephones—Port Angeles Ordinance No. 2720 establishes a tax on cellular telephone services, and amends municipal code. Passed 11/92. Richland Ordinance No. 22-92 amends provisions relating to the business of furnishing telephones to include cellular telephone services, cable, and microwave transmission systems, and expands the definition of competitive telephone services. Passed 7/92. (F 5.1460)

Fair Housing—Pullman Ordinance No. 92-33 adds familial status as a protected class in the "Fair Housing Code," and amends city code. Passed 10/92. (HO 2.0000)

Horse Trolleys—Toppenish Ordinance No. 92-14 establishes restricted parking areas for horse trolleys, and creates a new section in the municipal code. Ordinance No. 92-15 defines horse trolley, includes the operation of a horse trolley as a business which is subject to regulations, regulates the use, operation, maintenance, and location of horse trolleys, and amends the municipal code. Passed 8/92. (LR 88.0000) Ordinance No. 92-14 establishes restricted parking areas for horse trolleys, and creates a new section of the municipal code. Passed 8/92. (T 3.9400)

Junk, Refuse, Litter, Weeds—Sprague Ordinance No. 673 defines junk, refuse, litter and weeds; prohibits the keeping thereof out of doors on private property; prohibits uncontrolled growth of grass and weeds obstructing streets, sidewalks, and alleys; and declares the throwing or depositing of junk, refuse, litter, and weeds upon private or public property or waters, obstructing streets, sidewalks, or alleys with bushes or overhanging trees as unlawful. Passed 10/92. (PS 9.1085)

Noise Attenuation - Air Traffic—Oak Harbor Ordinance No. 929 provides for noise attenuation by establishing minimum requirements regulating the design and construction performance standards of buildings for human occupancy in the noise sensitive vicinity of Whidbey Naval Air Station; companion to the adopted zoning overlay ordinance and ordinance establishing noise zones and requiring notice of disclosure. (C 5.0000) Ordinance No. 930 provides for an aviation environs overlay zone and provides for mandatory disclosure of noise conditions. Passed 9/92. (PL 8.3181)

Public Morals—Kirkland Ordinance No. 3331 establishes a new chapter of the municipal code, "Offenses Against Public Morals." Passed 10/92. (PS 7.4255)

School Impact Fees—Bainbridge Island Ordinance No. 91-51 establishes adequacy standards for public school facilities, establishes a school impact fee formula and program, provides direction to city officials regarding application of the adequacy standards and impact fees, and adds a new chapter to the municipal code. Passed 12/91. Bellingham Ordinance No. 10333 authorizes the collection of mitigationfees to relieve school overcrowding due to new residential development, and amends municipal code. Passed 7/92. (PL 7.4300)

Sidewalk businesses—Toppenish Ordinance No. 92-16 defines sidewalk business, prohibits the

operation of a sidewalk business except for licensed business in a B-2 general business district, requires indemnification of the city and maintenance of liability insurance, requires design review and applicable permits, provides clean-up requirements, and adds a new chapter to the municipal code. Passed 8/92. (S 5.0300)

Sidewalk Maintenance - Litter—Toppenish Ordinance No. 92-17, amended by Ordinance No. 92-19 requires each business to keep the exterior premises and public sidewalk within a radius of 50 feet of the business reasonably clean of all litter and trash, requires that such litter or trash be deposited in garbage containers, and amends Ordinance No. 92-17 municipal code. Passed 9/92. (S 4.2000)

Transient Merchants - Peddlers— Toppenish Ordinance No. 92-18 changes the business license fee and establishes regulations for transient merchants, hawkers, and peddlers, and adds a new chapter to the municipal code. Passed 9/92. (LR 68.1000)

New Publications

The publications listed below are available for two-week loan. Contact Lois Weed, MRSC Library, at (206) 827-4334.

Avoiding and Resolving Disputes During Construction: Successful Practices and Guidelines. New York: American Society of Civil Engineers, 1991. 82 p. [F 8.4210 A855 1991]

Catalog of Public Fees and Charges, compiled by Dennis Strachota and Bruce Engelbrekt. Chicago: Government Finance Officers Association, 1992. 245 p. [F 5.5000 C355 1992]

Criteria for Evaluating Disaster Planning in an Urban Setting, by E. L. Quarantelli. Newark, Del.: University of Delaware, Disaster Research Center, 1991. 14 p. [PS 1.0000 C755 1991]

Dollars & Cents of Small Town/Nonmetropolitan Shopping Centers. Washington, D.C.: Urban Land Institute, 1991. 145 p. [PL 5.2230 D655 1991]

The Growth Management Workbook, Pioneer Valley Planning Commission and Massachusetts Executive Office of Communities & Development. Boston: Massachusetts Executive Office of Communities & Development, 1988. 1 v. (loose-leaf). [PL 8.6200 G786 1988]

Innovative Tools for Historic Preservation, by Marya Morris. (Planning Advisory Service Report No. 438) Chicago: American Planning Association, 1992. 41 p.

Marketing Earthquake Preparedness: Community Campaigns That Get Results, developed by the Bay Area Regional Earthquake Project. Washington, D.C.: U.S.G.P.O., 1986. 40 p. [PR 7.2550 M355 1986]

Service Contracting: A Local Government Guide, by Donald F. Harney. Washington, D.C.: International City Management Association, 1992. 251 p.

Sample REET Ordinances Available

by Judith Cox
MRSC Public Finance Consultant

The changes made to the real estate excise tax chapter (Chapter 221, Laws of 1992) in the 1992 legislative session may require amendments to your ordinances. MRSC has written three sample ordinances. One is for the first quarter percent (REET 1) for cities and towns that are not planning under the Growth Management Act (GMA) and those that are planning but have a population of 5,000 or less. The sEcond is for the first quarter percent for cities and towns that are planning under GMA and have a population over 5,000. The third ordinance provides for the imposition of the sEcond quarter percent of the tax (REET 2). That option, of course, is available only to cities and towns that are planning under GMA.

So how do you know whether your ordi-nance(s) needs revising? Here are some guidelines. If you are planning under GMA and have a population over 5,000, your REET 1 ordinance needs revising unless you amended it after June 11, 1992 to comply with the 1992 legislation. If you are levying REET 2 and have not amended your ordinance since June 11, 1992, it also needs revising. If you are a city or town that is planning under GMA and has a population of 5,000 or less, you may need to revise your REET ordinance. If you amended that ordinance to incorporate the changes in the law passed during the 1990 legislative session, you will require an amendment now. If you never got around to amending your ordinance in 1990, you don't need to do anything. The changes made during the 1990 legislative session restored the language that existed prior to the 1990 act. There have been no changes in the law for cities and towns that are not planning under GMA.

Call the MRSC Library if you wish a copy of any of these ordinances.

UW GSPA Seeks Positions for Interns

Do you have a project which you'd like to get done, have wanted to get done for the last six months, but lack the staff to do it? Do you have a current need for some extra staff, but are uncertain of long-term needs, and reluctant to hire someone permanently? Do you want to improve your recruiting program for full-time staff? Did you do an internship as part of your graduate/undergraduate work, and would you like to be a mentor to a beginning public sector professional? If you answered yes to any of the above, the Graduate School of Public Affairs at the University of Washington has a solution for you.

The Graduate School of Public Affairs believes it is important for students to relate the study of public policy and public administration to the actual problems encountered in managing and operating organizations. Each student at GSPA completes a paid internship as part of the program. Many of them are in local jurisdictions in the Puget Sound region. Internships can be part-time during the year (10 to 20 hours/week), or full-time during the summer months. The average salary is $10 to $12 per hour.

Who are our students? Many of them are mid-career professionals who have had experience in the public sector. The entering class of 1992 included students with experience working in the state budget office and the department of the interior, in managing an environmental nonprofit group and in promoting the arts. The class includes a regulatory analyst with public and private utilities, a journalist, an accountant, a retired foreign service officer, and a social worker. The average age of our students is 29. They come to us and to you with skills, maturity, and a deep commitment to public service.

What are your benefits when you hire a GSPA student? An agency gains the professional skills of a graduate student and a highly motivated and intelligent employee. You have the opportunity to evaluate a potential permanent employee in a low risk way. Close involvement with the GSPA faculty, who are available to work with both the employer and student in areas of common interest and expertise, can mean closer articulation of the MPA academic program with your organization needs.

How does it work? You identify your needs. You screen and choose the student intern who best fits your needs. You define the tasks and goals of the internship with the student. We advertise your needs and provide you an opportunity to interview on campus if you wish. We are available to trouble shoot any potential problems which might rise.

Want more information? You can call Jody Burns, Director of Student Services, (206) 543-4900 any day of the week. If you'd like to talk with your professional peers who have hired and supervised GSPA student interns, Jody can give you names and phone numbers. You can hire an intern any time of the year to meet all your needs.