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MRSC PUBLICATIONS › NEWS › Municipal Research News - Winter 2004
 

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Municipal Research News

Municipal Research and Services Center of Washington
Winter 2004 Issue

What's Inside

This newsletter is also available in Adobe Acrobat format.

Leadership Counts

Too often in our society we discount the power of leadership. Leadership is difficult to define and often is displayed by people who are a little different, who march to the beat of their own drum. We tend to give more credit to managers than we do to leaders - to people who are more organized and are paid to be efficient with the resources at hand, but who will never bring significant change to an organization. Leaders bring real change because they are risk takers who never accept the status quo and who believe they can make things better, and they do. When they leave, they have created a better place, and people never quite understand how they did it. In my opinion, very few people in this world have the ability to be leaders; they are few and far between.

Leaders have an uncanny ability to see beyond the horizon (that "vision thing") and to know where they want to take an organization, and they have the skills and the passion to implement that vision through persistence, effective communication, coalition building and hard work. They get the job done. My all-time favorite leader is FDR, Franklin Roosevelt, who had this genius for seamlessly transforming his idealism (vision) into practical action. In other words, he felt the less to come between the idea and the action, the better. He believed government could become the extension of a collective will to transform the ideal into the reality.

I believe that one person can make a difference. I have seen the impact my leadership has had during my career in elected office. I believe that my leadership is today making a difference in the revitalization of Bremerton. Certainly people never lead by themselves or without the support of key people in the organization and in the community. More important, people will never lead without creating opposition to their idea or project. For a leader, opposition and even pointed anger come with the territory; so if you are intimidated by either of these, leadership is not your thing.

Leadership comes with a price. Often, there is little or no appreciation for what a leader accomplishes. Remember after World War II, Winston Churchill, one of the great leaders of our time, was not re-elected to public office. Often a personal sacrifice is required. Sometimes one's professional reputation is at stake, sometimes even one's job. Certainly one's family must bear part of the burden of leadership. All we have to do is recall the names of Martin Luther King Jr. and Mahatma Gandhi to better understand the relationship between leadership and sacrifice.

Nowhere can leadership have greater impact than in local government where so few people make so many important decisions that can have a real effect on citizens' lives. On a seven-member city council, all that is needed are four votes to change the course of history for a community. For those of us who love to lead, local government is where the action is; it is where we can make the world better for people; it is where leadership counts; it is where we can leave a community better than we found it. I first realized this on a personal basis 20 years ago while serving my first term on the Bellevue City Council. I came on the council wanting to build more playfields for kids, and within my first year, I had put together a coalition of people from the school district, the county, and the city council. We put together a plan to finance and build what is today one of the best baseball parks in the state, Bannerwood Park. I now go to that park to watch my grandson play baseball and realize that in part this park happened because of my passion and my leadership. That is a wonderful feeling to know you made a positive difference. Leadership can be a very joyful experience.

The reason most elected officials never put themselves into positions of leadership is that they are not sure where they want to lead. They come into office with no agenda and no specific plan that they want to make happen during their term of office. They spend four years reacting to the normal day-to-day business of the city. They maintain the status quo, and when they leave office no one can remember what specifically they accomplished. I always like to ask elected officials leaving office what they believe their legacy will be; for what will they be remembered. Sadly most cannot give me a good answer. I cannot imagine running for public office without having a passion for bringing some positive change to some specific challenges facing the community, whether it be more playfields for kids, lowering the crime rate, bringing new jobs, or creating a better community for seniors.

The questions that anyone given the responsibility and privilege of leadership need to ask themselves are: Did I make a difference? Because I was there, did something good happen that would not have happened without me? If the answer is yes, and you can identify results, then you can call yourself a leader. Congratulations! You are in a special group.

By Mayor Cary Bozeman
City of Bremerton

Sustaining MRSC's Document Sharing Program

MRSC is well known for its collection (traditional and electronic) of sample local government ordinances, policies and other useful documents. Building and sustaining this valuable resource furthers one of MRSC's core missions: serving as a clearinghouse for information sharing between Washington city and county governments. During periods of budget cutbacks and spending reductions, this shared resource becomes even more valuable. To maintain our research program and keep our information current, we need to regularly receive ordinances, policies, budgets, reports, and other similar sample documents from your city or county.

MRSC's Sample Document Wish List

Here are some guidelines on the types of documents we are most interested in receiving:

    Ordinances and resolutions that provide for new rules and regulations, policies, fee changes, and other subjects that you think would be of interest to other local governments. Be sure to include any exhibits or attachments. RCW 35.21.185 actually requires all cities and towns to send copies of their ordinances to MRSC and we have asked that counties do so the same (please note that this is not necessary if your ordinances are posted on your Web site).

    Budgets, particularly those with narratives, are an important source of information for comparative data and program information. Our goal is to have a current budget from each city, town, and county. See the list of budgets that MRSC has received at http://www.mrsc.org/library/budglist.aspx [No longer valid]. Unlike other types of documents, we would like to receive budgets in both paper and electronic format.

    Interlocal contracts and agreements offer examples and models for others to follow for a variety of service contracting, mutual aid, and other similar regional service arrangements. Our goal is to have a comprehensive collection of current interlocal contracts from which to draw samples when you need them.

    Policy and procedure documents are also in demand since these often provide detailed guidance and "how-to" information for implementing programs.

It's often more efficient to adapt appropriate policies from jurisdictions that have already "been there and done that" than to have to start from scratch. You might decide to do things a little differently in your city or county, but at least you'll have the benefit of someone else's experience with the same issue or problem and you may even avoid some costly mistakes in the process. When you share your sample documents with MRSC, everyone benefits.

Send Your Documents in Electronic Format

Wherever possible, we prefer to receive documents that are in electronic format (Word, HTML, etc.). This saves on photocopying, paper and postage costs. If a new document is posted on your Web site, consider sending us a "heads up" e-mail so that we can download it or link to it on our Website. When we post documents on our Web site, we indicate that they are intended as samples only and clearly label them as "not an official copy."

To send documents electronically, simply attach the files to an e-mail message and send to mrsc@mrsc.org. If electronic documents are not available, you can send paper copies by regular mail to MRSC Library, 2601 4th Ave, Ste 800, Seattle WA 98121-1280.

Thanks for Sharing!

We greatly appreciate the cooperation and courtesy extended to MRSC staff in this effort. Keeping our information resources current and comprehensive is an ongoing challenge. Many thanks to those cities and counties who have contributed to MRSC's document-sharing program.

Ask MRSC

Summary of recent inquiries answered by MRSC consultants

Utility Billing - Can a city waive penalties and interest on utility bills for customers who are on active military duty?

No. While Ch. 161, Laws of 2004 (RCW 84.56.020(6)) provides for an exemption for interest and penalties on delinquent property taxes due in 2003 and 2004 for those on active military duty, there is no similar authority for a city to provide an exemption for utility bill interest and penalties. Therefore, to do so would be an unconstitutional gift of funds.

Public Records Disclosure - Does the five-year statute of limitations in RCW 42.17.410 apply to requests for disclosure of public records?

Yes. Its language appears to unambiguously cover any action under chapter 42.17 RCW, including those dealing with public records disclosure: "Any action brought under the provisions of this chapter must be commenced within five years after the date when the violation occurred."  This statute has not been addressed by the courts or any attorney general opinion.

Manufactured Housing - Does SB 6593, enacted in 2004 to prohibit cities and counties from treating manufactured homes differently than site-built single-family homes, mean that cities and counties have to allow single-wide manufactured homes.

No, it does not mean that.  SB 6593 (Ch. 256, Laws of 2004), which goes into effect on July 1, 2005, provides that cities and counties:

...may not enact any statute or ordinance that has the effect, directly or indirectly, of discriminating against consumers' choices in the placement or use of a home in such a manner that is not equally applicable to all homes. Homes built to 42 U.S.C. Sec. 5401-5403 standards (as amended in 2000) must be regulated for the purposes of siting in the same manner as site built homes, factory built homes, or homes built to any other state construction or local design standard.

See Sections (2)-(4) of SB 6593, which are codified in RCW 35.21.684, RCW 35A.21.312, and RCW 36.01.225.  However, cities and counties may impose certain restrictions on manufactured homes that it must treat the same as other types of housing, including the option to have the requirements of this legislation apply only to "designated manufactured homes."  Id.  The definition of a "designated manufactured home" in RCW 35.63.160(1) (as amended by SB 6593) includes the requirement that that type of manufactured home be "comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long," or, in other words, a "double-wide" manufactured home.  See Section (5) of SB 6593 (RCW 35.63.160).

Design Review - Is numerical scoring for design review legally acceptable?

Yes. There is no prohibition on the use of numerical scoring for design review projects, although MRSC does not recommend this approach. Regardless of whether numerical scoring is used, it is crucial that the city's design standards be clearly articulated to provide meaningful guidance to the applicant and design review board.

In Anderson v. Issaquah, 70 Wn. App. 64, 82 (1993), the Washington State Court of Appeals ruled that Issaquah's design review regulations were invalid due to vagueness. It found the guidelines deficient because they did not give meaningful guidance to the applicant or the design review board. The court did not, however, rule out design review altogether and apparently concluded that aesthetic standards are a legitimate element of a city's land use laws.

For more information on design review, see MRSC's new "Design Review" Web page - http://www.mrsc.org/subjects/planning/designrev.aspx.

Building Setbacks - Are there any state requirements for a building to be set back a specified distance from a state highway?

No, there is no specific required setback for buildings from a state highway, although construction must occur outside the highway right-of-way. A jurisdiction's local zoning regulations would control in this situation, including any required front yard setback for residential, commercial, or other uses. In some cases, a commercial zone may not require a front setback for commercial buildings, and, in this situation, a commercial building could be built to the line of the highway right-of-way.

Public Records Disclosure - Is a city or county required to disclose records containing the names and salaries of its employees?

Yes. Records containing the gross salaries of public agency employees are public records that must be disclosed. This conclusion is supported by case law; see Tacoma Public Library v. Woessner, 90 Wn. App. 205 (1998). This conclusion is also supported by a brief comment by the court in Tiberino v. Spokane County Prosecutor, 103 Wn. App. 680, 690 (2000).

While gross salaries is information that must be disclosed, other information in such records is private and should be redacted. This would include social security numbers, personal deductions, and withholding information.

Letter of Resignation - May the mayor withdraw a letter of resignation that was to be effective on January 1, 2005?

Yes. RCW 42.12.010(2) provides that a vacancy caused by resignation shall be deemed to occur upon the effective date of the resignation. Until January 1, 2005, the mayor's resignation is not effective and can be withdrawn.

See also State ex rel. Munroe v. City of Poulsbo, 109 Wn. App. 672 (2002).

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 2601 4th Avenue, Suite 800, Seattle, WA, 98121-1280; Fax (206) 625-1220; or E-mail mrsc@mrsc.org. Telephone inquiry service is available from 8:00 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.

Heads Up

Emerging information for local government

Sustainability Revisited

In February 2003 Governor Locke's Sustainable Washington Advisory Board issued an Action Plan for a Sustainable Washington. In October 2004, the Governor directed all state agencies to adopt targets and take action to further the use of sustainable practices. In that directive he also invited institutions of higher education, public schools, statewide elected officials, commissions, and others to implement the practices outlined in the Action Plan within their agencies. As an update on sustainable community activities, we are presenting a list of sustainability-related Web resources in this month's Heads Up column. If you do not have Web access, please contact MRSC's library for printed copies of this information.

What is Sustainability?

The Washington Department of Ecology has defined sustainability simply as "meeting the needs of the present without compromising the ability of future generations to meet their own needs."  Sustainability includes resource conservation, green building principles, reduction of toxins in the environment, and reduction of gaseous emissions for health protection and climate control. Sustainable Measures offers a good introduction to sustainability on their Web site: www.sustainablemeasures.com/Sustainability/index.html.

The Governor's Sustainability Directives

Under the Governor's directives, each state agency is required to establish sustainability objectives and prepare a biennial sustainability plan to modify its practices regarding resource consumption, vehicle use, purchase of goods and services, and facility construction, operation and maintenance. State agencies must also incorporate green building practices in all new construction projects, and in major remodels that cost over 60% of the facility's assessed value. To decrease greenhouse gas and other toxic emissions as well as achieve operating savings and efficiencies, all state agencies are directed to take all reasonable actions to achieve a target of a 20% reduction in petroleum use in the operation of state vehicles and privately owned vehicles used for state business by September 1, 2009. Targets were also set for reduction in paper use as well as targets for the use of recycled products and energy efficiency.

Sustainability Programs in Washington Local Governments

General References

Library Listings: New resource materials now available

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.aspx. If you would like to borrow one or more of these publications, please contact Electra Enslow in our library at (206) 625-1300 or library@mrsc.org.

Finance

Financial Policies: Design and Implementation, by Shayne Kavanagh and Wright Anderson, GFOA, 2004. (GFOA budgeting series; 7)

Banking Services: A Guide for Governments, Nicholas Greifer, Editor, GFOA, 2004

Organization and Design of an Effective Budget Function, by R. Gregory Michel, GFOA, 2002

Design-Build for the Public Sector, Michael C. Loulakis, Editor, 2003

Governance

Successful Project Management in Local Government, by Marta A. Brockmeyer, ICMA, 2004

Collaboration Across Boundaries: The Basics for Change, by Russell Matthew Linden, ICMA, 2004

Licensing and Regulating

Street Graphics and the Law, by Daniel R. Mandelker, Rev. ed. - American Planning Association, 2004

Personnel

Washington City and County Employee Salary and Benefit Survey for 2004, Association of Washington Cities, 2004

Planning

Block by Block: Reclaiming Neighborhoods by Design [videorecording], 2001

Urban Sprawl and Public Health: Designing, Planning, and Building for Healthy Communities, by Howard Frumkin, 2004

Becoming Good Neighbors: Enriching America's Communities by Design [video recording], 1998

Protecting Older Neighborhoods through Conservation District Programs, by Julia Miller, 2004

Conservation Finance Handbook: How Communities are Paying for Parks and Land Conservation, by Kim Hopper, Trust for Public Land, 2004.

Land Conservation Financing, by Mike McQueen, 2003

Back from the Brink: Saving America's Cities by Design [video recording]

Public Works

Project Management Manual, City of Spokane Valley, 2003

Transportation & Streets

Managing Special Event Risks: 10 Steps to Safety, Nonprofits Insurance Alliance of California, 1997

Trip Generation - 7th ed., Institute of Transportation Engineers, 2003

Trip Generation Handbook - 2nd ed., Institute of Transportation Engineers, 2004_

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. Due to space limitations, the list below may not be complete. 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.

Interlocal Agreements for Jail Services

Camas interlocal agreement with Skamania County for jail services, 2003 (PS 7.5100); interlocal agreement with Clark County for jail/correction services, 1997 (PS 7.5100); Ellensburg Agreement with Kittitas County for jail services, 2003 (PS 7.5100); Everett interlocal agreement with Snohomish County for jail services, 1993 (PS 7.5100); Grand Coulee interlocal agreement with Grant County for the provision of services for misdemeanor offenses committed by adults, 1998 (PS 7.5100); Poulsbo Agreement with Benton County for use of jail facilities, 2002 (PS 7.5100); Agreement with Kitsap County for incarceration of city prisoners, 2003 (PS 7.5100); Agreement with Yakima County for the housing of inmates, 2002 (PS 7.5100)

Interlocal Agreements for Court Services

Camas interlocal agreement with Clark County for court services, 1996 (PS 2.1100); Colville interlocal agreement with Stevens County for court services, 2003 (PS 2.1200); Ellensburg interlocal agreement with Kittitas County for court related services, 2003 (PS 2.1200)

Lease Agreements for Antennas on Municipal Property

Camas facilities lease with Bellsouth Wireless Data, L.P., to erect, maintain an operate an antenna on city water tower, 1999 (PP 3.2150); Colville lease agreement (30 years) with Pacific NW Bell for purposes of constructing and operating a passive microwave radio repeater, 1987 (PP 3.2150); Coupeville option and site lease agreement with US WEST Wireless, for installation of communications facilities, 1999 (PP 3.2150); Site lease with option with Voicestream for communications facilities, 2001 (PP3.2150); Ellensburg nonexclusive communications site lease with Cingular Wireless, 2002 (PP 3.2150); Everett communications antenna site lease with Cingular Interactive, 2003 (PP 3.2150); Poulsbo facilities lease with Schlumberger Resource Management Services for communications facilities, 2001

Volunteer Fire Department Policies, Procedures and By-Laws

Colville volunteer fire department policy and procedures manual, 1993 (PS 3.5000); Grand Coulee by-laws of the Grand Coulee Volunteer Fire Department (PS 3.5000)

State Legal Holidays for 2005

  • December 31, 2004 - New Year's Day*
  • January 17, 2005 - Martin Luther King Day
  • February 21, 2005 - Presidents' Day
  • May 30, 2005 - Memorial Day
  • July 4, 2005 - Independence Day
  • September 5, 2005 - Labor Day
  • November 11, 2005 - Veterans' Day
  • November 24, 2005 - Thanksgiving Day
  • November 25, 2005 - Day after Thanksgiving
  • December 26, 2005 - Christmas Day**
  • Optional Floating Holiday

Counties, cities and towns are not required to follow this holiday schedule. MRSC follows the state holiday schedule, and our office will be closed on these days.

*RCW 1.16.050 provides that when a legal holiday falls upon a Saturday, the preceding Friday shall be the legal holiday.

**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.

Statutory Reference: RCW 1.16.050. See also, RCW 2.28.100 and RCW 2.28.110 (Court business on legal holidays) and RCW 28A.150.050 (School holidays)

Minimum Wage Increase

Washington's minimum wage will increase 19 cents to $7.35 an hour beginning January 1, 2005.

The Department of Labor and Industries recalculates the state's minimum wage each year in September as required by Initiative 688, which was approved by Washington
State's voters in 1998.

Washington's minimum wage applies to workers in both agricultural and non-agricultural jobs, although 14- and 15-year-olds may be paid 85 percent of the adult minimum wage.

See http://www.lni.wa.gov/news/2004/pr040930a.asp for further information.

Happy Holidays from All at MRSC

CONTACTING MRSC

Staff members may be reached through the Internet using first initial and last name @mrsc.org: for example, ryukubousky@mrsc.org.

Municipal Research News is published quarterly by the Municipal Research and Services Center of Washington, 2601 4th Avenue, Suite 800, Seattle, WA 98121-1280. Your ideas and comments are appreciated. If you have news you would like to share or if you would like to write a short feature article, please contact us.

Editor: Connie Elliot
Designer: Holly Stewart
2601 4th Avenue, Suite 800, Seattle, WA 98121-1280
206.625.1300 · Fax 206.625.1220
www.mrsc.org
mrsc@mrsc.org