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Posts for Oskar Rey

A gavel sitting on top of a stack of legal documents

Public Defense Standards Are Changing: What Counties and Cities Need to Know

May 6, 2024  by  Oskar Rey ,  Drew T. Pollom
Category:  Guest Author ,  Courts and Criminal Justice System

The Washington State Bar Association recently adopted revised standards that provide case load limits and other requirements related to public defense services. What are these new standards and what do local agencies need to know to be prepared for the change?

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Oskar Rey seated at computer desk in MRSC's offices

Legal Consultant Oskar Rey Moves On: “Thank You for an Amazing Learning Experience.”

February 7, 2024  by  Oskar Rey
Category:  MRSC News and Updates

In his final days working as a legal consultant with MRSC, Oskar Rey gives thanks to the many people that helped him gain a deeper knowledge of municipal law, through debate, research, writing, and training. 

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A black leather office chair with a sign stating vacancy taped to it

Vacancies in Local Elected Office: Understanding the New Rules for Special Purpose Districts

January 3, 2024  by  Oskar Rey
Category:  Legislative Body ,  Special Districts

Adopted by the legislature in 2023, SSB 5437 created new requirements for certain special purpose districts that need to appoint a candidate to fill a vacant position on their governing body. 

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When Hate Comes to Town: Addressing Racist and Anti-Semitic Public Comment at Meetings

November 6, 2023  by  Oskar Rey
Category:  Inclusive Communities ,  Legislative Body ,  Public Participation

In recent months, some city council meetings have had their public comment period hijacked by bad actors whose purpose is to make hateful comments. Local governments have some options for minimizing the chance that their meetings are compromised in such a manner.

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Close up of a small cell wireless module on a utility pole against the backdrop of a city

Small Wireless Facilities: Are There Any Coverage Gaps In Your Regulations?

July 31, 2023  by  Oskar Rey
Category:  Telecommunications

The Federal Communications Commission's 2018 Declaratory Ruling was meant to accelerate deployment of small wireless facilities, but the ruling also restricts how local governments can regulate their installation. Here are key takeaways for agencies to avoid coverage gaps.

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A large social gathering in front of a row of food trucks at an outdoor park at dusk.

Food Trucks Have Arrived: What Are the Regulatory and Policy Options?

May 1, 2023  by  Oskar Rey
Category:  Licensing and Regulation

Food trucks have gained in popularity over the years, but what options do local jurisdictions have in determining how, where, when, and under what conditions food trucks can be operated within their communities?

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Several emergency vehicles are parked on a neighborhood street

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

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

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

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A montage of port, truck and public transit

Unpopular but Necessary: What Exactly Is an Essential Public Facility?

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

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

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

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

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

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Why Are There so Many Types of Cities and Counties? A Guide to Municipal Classifications and Forms of Government

September 6, 2022  by  Oskar Rey
Category:  Classification ,  Forms of Government-City ,  Forms of Government-County

Washington State has a broad array of local governments that vary in terms of classification as well as form, and these concepts highlight the parameters under which cities, towns, and counties operate and govern.

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Church and State: U.S. Supreme Court Makes Changes to Establishment Clause Analysis

July 18, 2022  by  Oskar Rey
Category:  Court Decisions and AGO Opinions

In light of the recent U.S. Supreme Court ruling in Kennedy v. Bremerton School District, what can a local government do to ensure that its policies are written and applied in a manner that does not discriminate based on an employee’s religious belief?

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Speaking Versus Regulating — The Government Speech Doctrine

May 31, 2022  by  Oskar Rey
Category:  Governance ,  Court Decisions and AGO Opinions

Government speech is analyzed differently by the courts than government regulation of the speech of others. This blog looks at government speech case law, including the recent U.S. Supreme Court decision in Shurtleff v. City of Boston.

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Municipal Regulation of Residential Tenancies

April 4, 2022  by  Oskar Rey
Category:  Housing

Some cities and counties have enacted tenant protection measures to help renters adversely impacted by the state's booming real estate market. This blog looks at how the courts have ruled in terms of challenges to similar regulations instituted by the City of Seattle. 

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Technology and Open Government: Maximizing Participation and Transparency

February 28, 2022  by  Oskar Rey
Category:  Information Technology ,  Open Public Meetings Act ,  Public Participation

Obtaining a broad spectrum of public participation in local government meetings can be challenging. This blog looks at a few examples of the innovative tools and approaches Washington agencies are using. 

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New Ruling Addresses Adverse Possession of Public Property

December 6, 2021  by  Oskar Rey
Category:  Court Decisions and AGO Opinions ,  Eminent Domain

MRSC occasionally receives inquiries on whether adverse possession applies to public property. A recent Washington Court of Appeals case, Michel v. City of Seattle, provides useful clarification of these standards.

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Seven Hills, LLC v. Chelan County: When Does a Nonconforming Use Come into Existence?

October 18, 2021  by  Oskar Rey
Category:  Development Regulations and Zoning ,  Court Decisions and AGO Opinions

This blog reviews the recent state Supreme Court decision in Seven Hills LLC v. Chelan County, which looked at whether a marijuana company established its business before the county placed a moratorium on marijuana production.

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City of Seattle v. Long: Vehicle Homestead Rights and Excessive Fines

September 13, 2021  by  Oskar Rey
Category:  Court Decisions and AGO Opinions ,  Homelessness

Seattle v. Long challenged long-held practices regarding parking enforcement. The Washington Supreme Court finally issued its ruling on the case, expanding the circumstances under which fines may be challenged as excessive and clarifying how homestead rights apply to vehicles. 

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State Legislature Expands Municipal Authority to Provide Broadband, but to What Extent?

July 19, 2021  by  Oskar Rey
Category:  Telecommunications ,  New Legislation and Regulations

This blog provides an overview of recent legislation meant to expand the availability of municipally supplied broadband in Washington. 

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Employee Bonuses and the COVID-19 Pandemic

June 10, 2021  by  Oskar Rey
Category:  COVID-19 ,  Compensation

This blog considers whether local governments may give bonuses to employees for working through the COVID-19 pandemic.

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The Lasting Impacts of Discriminatory Restrictive Covenants

April 12, 2021  by  Oskar Rey
Category:  Inclusive Communities

This blog looks at discriminatory restrictive covenants in county real property records and how property owners may remove or "strike" them from the record. 

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