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Legal Name Change Washington State

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					Are You in “Legal Jeopardy?”



             Steve DiJulio, Foster
             Pepper & Shefelman
Rules of the Game

   Three teams – each team must designate a Team
    Captain, who controls the horn.
   Each team will get a main question, with 30 seconds
    to come up with an answer. A correct answer is
    worth three points.
   If the team misses the main question, it loses one
    point.
   After a series of 33 main questions, we’ll move to the
    Lightening Round.
Lightning Round Rules


   Each question is worth one point
   Only the team honking in first gets the
    opportunity to answer the question
   If that team’s answer is correct, it earns one
    point – if the answer is incorrect, it loses one
    point.
Fabulous Prizes


   All members of the winning team will receive
    a fabulous prize!
Rules of Conduct


   I’m the judge, and my rulings are final. I
    reserve the right to change some of the rules
    in the middle of the game if I need to.
   There will be no whining – the other team’s
    question might be easier than yours, and
    that’s just the way it is.
   Remember, it’s just a game!
Question

   Which of the following matters would be considered
    quasi-judicial in nature?

    A. Revision of the city’s comprehensive plan
    B. Annexation of a parcel of property for a new
       Costco.
    C. Adoption of an area-wide zoning ordinance
    D. Consideration of a site-specific rezone request
       for a 711 store.
    E. All are quasi-judicial matters
Answer:


   D, consideration of a rezone request.
    A, B, and C are legislative matters.
Question


   What is the name of the doctrine that
    precludes ex parte contacts in quasi-judicial
    matters?
Answer:


   The Appearance of Fairness Doctrine
Question

   Which of the following would NOT be appropriate for
    an executive session?
    A. Discussion of an employee’s performance
    B. Interviews with candidates for appointment to a vacant
       council position, conducted by three members of a seven-
       member council
    C. Discussion of potential litigation, with the city attorney
       present
    D. Discussion of strategy for an upcoming collective bargaining
       session
Answer:


   B, although they do not represent a quorum
    of the council, they would be acting on behalf
    of the entire council in conducting the
    interviews, and thus would be a ―governing
    body‖ subject to the Open Meetings Act.
Question

   Put the following cities and towns in order
    from west to east:
    --Almira
    --Castle Rock
    --Elma
    --Farmington
    --Waterville
Answer

   Elma
   Castle Rock
   Waterville
   Almira
   Farmington
Question


   How many cities and towns are there in the
    State of Washington?
Answer:


   281
Question


   Put the following cities in order of
    population, from lowest to highest:

      A.   Clarkston
      B.   Colville
      C.   Cosmopolis
      D.   Coupeville
Answer:

   Cosmopolis (1,595)
   Coupeville (1,735)
   Colville (5,010)
   Clarkston (7,380)
Question


   Can a council decide to go into executive
    session at a regular or special council
    meeting if the executive session was not
    listed on the council agenda?
Answer:


   Yes. The prohibition on taking final action on
    any matter not specified in the special
    meeting notice does not apply to executive
    sessions, since councils are already
    prohibited from taking final action in an
    executive session.
Question

   May a councilmember abstain even if the
    person has no specific conflict on the issue?
Answer:

   Yes, unless a local rule of procedure
    prevents the abstention. Generally, a
    councilmember is not required to vote and
    may choose to abstain, even if there is not a
    conflict. Because this causes some
    problems, some councils have enacted
    bylaws that require a member to vote unless
    there is a specific conflict.
Question

   Which of the following DOES NOT constitute a
    meeting under the Open Meetings Act?
    A. Regular council work session, but with only three members
       of a seven-member council present.
    B. Four members of a seven-member council driving together
       to the AWC conference
    C. Four councilmembers e-mailing each other to determine
       how they intend to vote on an issue coming before the
       council at the next meeting
    D. Council retreat, held in a neighboring jurisdiction
Answer:


   B. However, if the four members discussed
    city business, it would be a violation of the
    Open Meetings Act.
Question

   If a councilmember announces before the
    hearing has even been held that his/her mind
    is already made up on a matter, what should
    be done?
Answer:

   The member should disqualify her/himself.
Question

   Is a workshop attended by less than a
    quorum of the council subject to the Open
    Public Meetings Act?
Answer

   Yes or no, depending upon whether this
    ―committee‖ would be taking any action or
    making a decision on behalf of the entire
    council.
Question

   Which of the following would NOT BE considered a
    gift of public funds under the State Constitution?

    A.Mid-term pay increases for council members
    B.Public works employees using shop lift to change
      oil in personal vehicles
    C.Making city-owned chairs available for use by
      churches and any other community organization
    D.During a recruitment effort, paying for a spouse of
      a candidate for city manager to visit the
      community
Answer:


   C, making city-owned chairs available for
    use by churches and any other community
    organization
Question

Lewis & Clark Bi-Centennial Question:
Name 2 major rivers in Washington state that
  Lewis and Clark traveled along.
Answer

   Snake
   Columbia
   (Clearwater?)
Question

   What place in Washington did Lewis & Clark
    consider to be the end of their journey west?
Answer

   Station Camp in Pacific County, near Elwaco
    and Long Beach.
Question

   Name five cities in Washington State that are
    located along the Lewis & Clark Trail.
Answer:

   Clarkston, Pomeroy, Dayton, Waitsburg,
    Prescott, Starbuck, Pasco, Kennewick,
    Goldendale, White Salmon, Bingen,
    Stevenson, North Bonneville, Camas,
    Washougal, Vancouver, Ridgefield, La
    Center, Kalama, Woodland, Cathlamet,
    Kelso, Longview, Long Beach, Ilwaco.
Question

   Which of the following IS NOT exempt from public
    disclosure?

    A.   Applications for employment
    B.   City E-mail addresses of city employees
    C.   Salaries of individual city employees
    D.   Social security numbers of city employees
    E.   Informal notes kept by a mayor or
         councilmember
Answer:


   B & C, there is no statutory exemption for
    workplace e-mail addresses nor for individual
    salaries of city employees.
Question


   If an individual requests a number of
    documents that will take some time to locate,
    how much can the city charge the individual
    for the time it takes a staff person to retrieve
    the documents?
Answer:


   Nothing. The city may only charge a
    reasonable amount for copying.
Question

   Who can call a special meeting of the city
    council?

      A.   The mayor
      B.   Any member of the council
      C.   A majority of the council
      D.   The mayor or a majority of the council
Answer:


   D, the mayor or a majority of the council can
    call a special meeting.
Question


   How much written notice must be provided to
    each council member and to the press prior
    to a special meeting?
Answer:


   At least 24 hours written notice.
Question

   Which of the following are penalties for violation of
    the Open Meetings Act?
    A. Actions taken at the meeting, including passage or
       ordinances and resolutions, are null and void.
    B. Council members attending the meeting can be fined $100
    C. The city can be held responsible for the expenses and
       attorney’s fees of the party that brings action for violation
       of the Act.
    D. All of the above
Answer:


   D, all of the above.
Question


   May a citizen make a sound recording of a
    council meeting and transmit it over the
    Internet?
Answer:


   Yes, the public has a right to make a
    recording of a council meeting, and given
    that right, there is no legal reason why it
    could not be transmitted over the Internet.
Question

   Which of the following positions would a
    member of a city council be prohibited from
    holding, under the Doctrine of Incompatible
    Offices?
      A. County commissioner
      B. Volunteer firefighter
      C. School board member
      D. Planning commission member
Answer:


   A, county commissioner. Also, although there
    is a statutory prohibition against council
    members serving as planning commissioners
    in the code city statutes only, it is strongly
    recommended that one person not hold
    those two offices.
Question


   In a city under 10,000 in population, can the
    spouse of a council member serve as the
    city’s part-time parks director and be paid
    $16,000 per year?
Answer:


   Yes. For cities under 10,000 in population
    only, there is an exception for contract
    interests of less than $18,000 per year.
Question


   Can a city councilmember own stock in Apple
    Computers and vote on a contract to approve
    the city’s purchase of Apple computers?
Answer:

   No. If the councilmember owns less than 5%
    of the stock of Apple Computers, it would be
    considered a remote interest and the
    councilmember could not vote on the
    contract. If the councilmember owned more
    than 5% of Apple Computers, he could not
    serve on the council if the city purchased
    Apple computers.
Question


   How many of our cities and towns have a
    population of less than 5000?
    (a) 124--44%
    (b) 151--54%
    (c) 179--64%
    (d) 60--21%
Answer:


   (c) 179, or 64% of our 281 cities.
Question

   What is the growth in the population of
    incorporated cities since 1990?
    (a) 22%
    (b) 35%
    (c) 43%
    (d) 50%
Answer

   (c) 43%
Question


   Besides the state and national flags, what
    other flag is now required to be flown at city
    hall during 6 specified holidays during the
    year?
Answer:


   POW/MIA flag
Question

   What are the 3 largest sources of revenue for
    cities?
Answer:

   Property Tax
   Sales Tax
   Business/Utility Tax
Question

   What is the statutory maximum city property
    tax rate (for a city that does not have a
    firemen’s pension fund and is not annexed to
    a fire or library district)?
Answer:

$3.375 per thousand assessed valuation
Question

   Is there a limit on the amount city general
    funds can charge back to their utility or other
    enterprise funds?
Answer:

   No statutory limit--the amounts can cover
    direct and indirect costs and administrative
    overhead for billing, etc. done by the city on
    behalf of the utility.
Question

   Do cities have to pass an ordinance to
    amend their budget?
Answer:

   Yes, the same requirements for public
    hearings and passing an ordinance apply to
    amending a budget that apply to adopting a
    budget.
Question

   Why was AWC created nearly 70 years ago?
Answer:

   To impact liquor control laws and assure that
    cities and towns received an appropriate
    share of liquor related revenues to defray the
    costs of enforcing those laws.
Question

   Name the top two legislative priorities for AWC
    during the 2003 state legislative session.

   Annexation
   Endangered Species—Salmon Habitat
   Growth Management
   City Finances
   Transportation Funding
   Homeland Security
Answer:

   Annexation
   City Finances/Transportation Funding
Now, it’s time for . . .




The Lightning Round
Lightning Round Rules



   Each question is worth one point
   Only the team honking first gets the
    opportunity to answer the question
   If that team’s answer is correct, it earns one
    point – if the answer is incorrect, it loses one
    point.
Additional Resources –
Publications Available from MRSC

   Public Meetings, Public Disclosure & More –
    Do You Know the Rules? Workshop Manual
   Knowing the Territory, 2002
   The Open Public Meetings Act, 1997
   Public Records Disclosure, 1996
   Appearance of Fairness Doctrine, 1995

    www.mrsc.org, 1-800-933-6772

				
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Description: Legal Name Change Washington State document sample