News & Insights
Peter Ruffato joins Chmelik Sitkin & Davis P.S. as a Principal
Peter Ruffatto is joining the Bellingham law firm, Chmelik Sitkin & Davis P.S., as a principal. Peter is a well-known municipal lawyer having worked as the Bellingham City Attorney since July 2012. Peter joined the City Attorney’s Office in 2003, where he worked in the areas of Labor and [...]
CSD Spotlight
Chmelik Sitkin and Davis P.S. is pleased to announce that Todd Egland has become a Principal, and Tim Schermetzler and Matt Paxton have become Senior Associates. Todd represents creditors in bankruptcy and collections matters, condominium and homeowner’s associations, and various clients in general business litigation. Todd practiced for thirteen [...]
Comings and Goings
~New Position Attorney Les Reardanz (R. Adm. Naval JAG Reserve) has recently made the decision to move on from practicing law at Chmelik Sitkin & Davis (“CSD”) to take on the role of General Manager of the Whatcom Transportation Authority. This change will allow Les to continue his career in [...]
Chmelik Sitkin & Davis P.S. Welcomes Attorney Sara Frase
Ms. Frase is a recent graduate of the University of Washington School of Law where she was the Associate Editor in Chief of the Washington Journal of Environmental Law and Policy. Ms. Frase received her undergraduate degree from Gonzaga University where she graduated with the cum laude distinction. During law [...]
Comings and Goings
~Retirement It is with excitement, gratitude, and blended feelings that we announce the retirement of one of our most tenured and devoted employees. Jenny Brumfield has been a Legal Assistant and now Paralegal for over twenty years with our firm. Jenny has decided that the time to retire has arrived. [...]
PHASE 3 UPDATE – Public Meetings May Increase Occupancy for In-Person Attendees
By Allison Beard of Chmelik Sitkin & Davis P.S. – April 2021 As of March 22, 2021, all Washington counties advanced to Phase 3 of Governor Inslee’s Healthy Washington: Roadmap to Recovery. Since then, guidance related to specific industries under Phase 3 have been released by the Governor’s [...]
PHASE 3 UPDATE – Expanded Occupancy for In-Person Public Meetings Likely
Governor Inslee announced that on March 22, 2021 the entire state will advance to Phase 3 of his Healthy Washington Roadmap to Recovery plan. The state’s recovery plan will revert to a county-by-county evaluation analysis and metrics will be reviewed by the state every three weeks. Governor Inslee’s March [...]
The Transition to In-Person Meetings under Washington’s Phase 2
Governor Inslee has advanced most of the State’s regions into Phase 2 under the Healthy Washington Roadmap to Recovery plan. What does this mean for public agencies and how does this affect Open Public Meetings Act (“OPMA”) requirements? The latest Proclamation regarding the OPMA is Proclamation 20-28.15, which extended [...]
Mandatory COVID-19 Vaccination
Mandatory COVID-19 Vaccination *Updated April 8, 2021 With COVID-19 vaccination becoming more widely available, employers have started asking whether they can require employees to be vaccinated. The answer is yes, with certain limitations. For example, the employer may need to provide reasonable accommodations in the case of a disability or [...]
BREAKING NEWS: SBA MODIFYING PPP RULES
On Monday, June 8, 2020, the Small Business Administration (SBA) issued a statement that they will be modifying the Paycheck Protection Program (PPP) to align with Congress’ amendments in the Paycheck Protection Program Flexibility Act. Take away: The bottom line is that SBA will be issuing rules and guidance, a [...]
CHMELIK SITKIN & DAVIS HAS RE-OPENED
We are open for operations, subject to Phase 2 of Washington’s COVID-19 Safe Start Plan safety procedures. Here is a summary of our Phase 2 plan: Our front door shall remain locked, but we are available to meet with you in our office if you schedule a meeting in advance. [...]
My Commercial Tenant has Filed for Bankruptcy. Now What?
As we are all now too aware, circumstances, whether health or financial, can change rapidly. In addition to impacting our personal lives, global events can impact drastically what was an otherwise productive business relationship. One example of the turmoil that can result from such an upheaval for a commercial landlord [...]
Updates to the Industrial Stormwater General Permit
When the usual grey Washington weather turns to dry summertime in July and August, stormwater is likely the last thing on anyone’s mind. That could become a problem for companies holding a newly updated Industrial Stormwater General Permit (“ISGP”). ISGPs are issued by the Washington State Department of Ecology (“Ecology”) [...]
BREAKING NEWS: SBA MODIFYING PPP RULES
On Monday, June 8, 2020, the Small Business Administration (SBA) issued a statement that they will be modifying the Paycheck Protection Program (PPP) to align with Congress’ amendments in the Paycheck Protection Program Flexibility Act. Take away: The bottom line is that SBA will be issuing rules and guidance, a [...]
Paycheck Protection Program (PPP) Audits
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) established the Paycheck Protection Program (PPP), under which certain businesses could apply for loans, a portion of which is eligible for forgiveness through the Small Business Administration. As part of the application for the PPP funds, the borrower makes a [...]
BREAKING NEWS: REOPENING RESOURCE FOR BUSINESSES
The Association of Washington Business (AWB) in partnership with the State of Washington has established a AWB Rebound and Recovery website (https://www.reboundandrecovery.org/) to help Washington businesses reopen smoothly. The website has two main lines of effort: Reopening Tool Kit: AWB has developed customizable materials to support a business’ reopening by [...]
BREAKING NEWS: PAYCHECK PROTECTION PROGRAM LOAN FORGIVENESS APPLICATION IS OUT
On Friday, May 15, 2020, the Small Business Administration (SBA), in consultation with the U.S. Department of Treasury, released the Paycheck Protection Program (PPP) Loan Forgiveness Application. The link to the form/instructions is provided below. Background: The PPP was created by the CARES Act to provide forgivable loans to eligible [...]
Checklist for Business Restart under Washington SafeStart Phase 1 and 2
All Washingtonians are anxious to “Re-start” our lives. Businesses small and large will be on the forefront of re-opening Washington subject to certain requirements imposed by the SafeStart order. SafeStart Washington Phase 1 begins on May 5, 2020 and allows the following businesses to operate: essential businesses already open, existing [...]
Long Term View on Short Term Rentals
Short term internet-based vacation rentals, such as AirBNB, and VRBO, are more popular than ever. Given the growing popularity of these short-term rentals, communities in Washington State with active tourism markets have been addressing how to regulate this emerging industry. Earlier this year, Washington State legislature enacted Chapter 64.37 [...]
SELLER ALERT: New Penalties for Failing to Install Smoke Detectors Effective July 1, 2019
In May 2019, the Washington State Legislature enacted SSSB 5284, which substantially changes Fire Protection law and takes effect July 1, 2019. These changes apply to Sellers of all dwelling units. A Dwelling Unit is defined as a single unit providing complete, independent living facilities for one or more [...]
If You Renovate Pre-1978 Homes, You Should Become Familiar with the EPA’s RRP Rule.
The EPA's Lead Renovation, Repair and Painting Rule (“RRP Rule”) requires firms that provide for-profit renovation, repair, and painting projects that disturb lead-based paint in homes, childcare facilities and pre-schools built before 1978 to meet certain requirements. The RRP Rule is different and broader than lead abatement in that it [...]
Construction Law Update: Binding Subcontractors to Terms of a Prime Contract
A recent Washington court case indicates that contractors should take additional proactive steps to ensure that subcontracts are bound to the terms of prime contracts incorporated by reference in a subcontract. Earlier this year, the Washington Court of Appeals for Division 1 issued an unpublished opinion in Edifice Construction Company, [...]
Update: What Construction Activity is Currently Allowed and What COVID-19 Safety Requirements Apply
On April 29, 2020, Governor Inslee authorized a “Limited Phase 1 Construction Restart.” This is the first phase of the construction restart, and not all construction activity is allowed under Phase 1. Only the following construction projects are authorized during Phase 1: Any of the “essential” construction activities that were [...]
Mandatory COVID-19 Vaccination
Mandatory COVID-19 Vaccination *Updated April 8, 2021 With COVID-19 vaccination becoming more widely available, employers have started asking whether they can require employees to be vaccinated. The answer is yes, with certain limitations. For example, the employer may need to provide reasonable accommodations in the case of a disability or [...]
New Requirements and Exemptions under the Washington Public Records Act, Effective June 2020
The Washington State Legislature recently amended the Public Records Act (“PRA”) establishing new exemptions related to personal information in employee records and imposes a new requirement for agencies to provide notice to employees when certain information from their personnel file is responsive to a request. The changes to the PRA, [...]
Managing Employees Return to Work After COVID-19 Pandemic – Food for Thought
The U.S. Equal Employment Opportunity Commission (EEOC) has released additional guidance for employers on what they can do when employees begin returning to work to balance a safe work environment with employment laws. The publication can be found at: https://www.eeoc.gov/newsroom/eeoc-updates-covid-19-technical-assistance-publication The publication, entitled “What You Should Know About COVID-19 and [...]
Remote Working During COVID-19 Pandemic
Under Proclamation 20-05, employees who work for an essential business may continue to perform their duties at their normal worksite. Even so, there may be prudent business reasons, or in some cases legal requirements (e.g., with high-risk workers) to have some employees perform their work remotely. Businesses that have not [...]
Paycheck Protection Program Rules Need Monitoring
Late last week the IRS issued a rule that no deduction is allowed under the Internal Revenue Code for an expense that is otherwise deductible if the payment of the expense results in forgiveness of a covered loan pursuant to section 1106(b) of the Coronavirus Aid, Relief and Economic Security [...]
Proclamation 20-46: High-risk Employee – Workers’ Rights
On April 13, 2020, Gov. Jay Inslee issued Proclamation 20-46 giving high-risk employees’ rights and protections related to the COVID-19 disease. High-risk employees are those identified by the Centers for Disease Control and Prevention at higher risk of severe illness or death from COVID-19, including those over 65 years of [...]
Federal Court Clarifies Scope of Stormwater Permit Coverage for “Industrial Activities”
Puget Soundkeeper Alliance v. APM Terminals Tacoma, LLC, et al. (November 3, 2020) On November 3, 2020, the United States District Court in the Western District of Washington issued a ruling that will ultimately affect how port districts and the Department of Ecology (“Ecology”) handle stormwater permitting at certain facilities. [...]
If You Renovate Pre-1978 Homes, You Should Become Familiar with the EPA’s RRP Rule.
The EPA's Lead Renovation, Repair and Painting Rule (“RRP Rule”) requires firms that provide for-profit renovation, repair, and painting projects that disturb lead-based paint in homes, childcare facilities and pre-schools built before 1978 to meet certain requirements. The RRP Rule is different and broader than lead abatement in that it [...]
Updates to the Industrial Stormwater General Permit
When the usual grey Washington weather turns to dry summertime in July and August, stormwater is likely the last thing on anyone’s mind. That could become a problem for companies holding a newly updated Industrial Stormwater General Permit (“ISGP”). ISGPs are issued by the Washington State Department of Ecology (“Ecology”) [...]
Division One Court of Appeals Finds that Wood Waste is a Hazardous Substance Under the Model Toxics Control Act that Could Require Contribution of Remediation Costs
By Brian Nadler of Chmelik Sitkin & Davis P.S. – September 2019 On August 19, 2019, the Division One Court of Appeals decided Port of Anacortes v. Frontier Industries, Inc., — P.3d —-, 2019 WL 3887412 (Div. 1 2019). Chmelik Sitkin & Davis successfully represented the plaintiff, Port of [...]
Biden’s Proposed Tax Plan Could Lower the Threshold for Estate Taxes and Abolish the Step-Up in Basis
In the event Joe Biden wins the U.S. presidential election, will there be repercussions for the federal gift and estate tax exclusion? How will estate planning be affected? The current estate and gift tax exemption is $11.58 million per individual in 2020. This means that individuals may leave up to [...]
Updating your Estate Planning During COVID-19
The COVID-19 has unsettled all of our lives. We are dealing with monumental change and uncertainty daily. Many of our clients are calling to ask how they can update their estate plan during this public health crisis or how they can implement new estate planning that they have put off. [...]
Business Interruption Insurance for COVID-19 Claims
So, your business has shut down because it does not fall into one of the “essential” categories described by the State of Washington as it relates to the COVID-19 outbreak. Your company has business interruption insurance but your broker has told you that it will not cover your lost business [...]
CDC Eviction Order
The Center for Disease Control and Prevention (“CDC”) has issued an order which temporarily halts residential evictions to prevent further spread of COVID-19. The order is effective September 4, 2020 through December 31, 2020. The CDC’s order applies only after the tenant provides their landlord with an executed declaration under [...]
Division One Court of Appeals Finds that Wood Waste is a Hazardous Substance Under the Model Toxics Control Act that Could Require Contribution of Remediation Costs
By Brian Nadler of Chmelik Sitkin & Davis P.S. – September 2019 On August 19, 2019, the Division One Court of Appeals decided Port of Anacortes v. Frontier Industries, Inc., — P.3d —-, 2019 WL 3887412 (Div. 1 2019). Chmelik Sitkin & Davis successfully represented the plaintiff, Port of [...]
Knowing the Waters – Public Works, Ordinary Maintenance and Maintenance
By Frank Chmelik, Seth Woolson and Peter Ruffatto Seth Woolson is a principal in our firm and works on public work construction issues for port districts. Peter Ruffatto was the Bellingham city attorney before joining our firm this month. This month’s topic is the rules surrounding public works, ordinary maintenance [...]
Knowing the Waters
By Frank Chmelik of Chmelik Sitkin & Davis P.S. – March 2021 Port districts, like all Washington local and municipal governments, are required to redistrict their commission districts once every ten years using the decennial census data provided by the federal government. For most port districts (county-wide port [...]
PHASE 3 UPDATE – Expanded Occupancy for In-Person Public Meetings Likely
Governor Inslee announced that on March 22, 2021 the entire state will advance to Phase 3 of his Healthy Washington Roadmap to Recovery plan. The state’s recovery plan will revert to a county-by-county evaluation analysis and metrics will be reviewed by the state every three weeks. Governor Inslee’s March [...]
The Transition to In-Person Meetings under Washington’s Phase 2
Governor Inslee has advanced most of the State’s regions into Phase 2 under the Healthy Washington Roadmap to Recovery plan. What does this mean for public agencies and how does this affect Open Public Meetings Act (“OPMA”) requirements? The latest Proclamation regarding the OPMA is Proclamation 20-28.15, which extended [...]
Knowing the Waters – Public Records Requests
By Frank Chmelik and Allison Beard - February 2021 We have recently seen an increase in public record requests. One aspect of public record requests that need particular attention occurs when a list of individuals, companies or employees is requested. The Public Records Act, at RCW 42.56.070(8), prohibits governments from [...]
Knowing the Waters – Broadband Infrastructure
By Frank Chmelik of Chmelik Sitkin & Davis P.S. - January 2021 This month we will take a quick look at a growing area of port district interest – providing fiber optic cabling telecommunications infrastructure (known as “broadband infrastructure” or “digital infrastructure”) within and outside their districts. Several port districts [...]
Knowing the Waters – Public Works, Ordinary Maintenance and Maintenance
By Frank Chmelik, Seth Woolson and Peter Ruffatto Seth Woolson is a principal in our firm and works on public work construction issues for port districts. Peter Ruffatto was the Bellingham city attorney before joining our firm this month. This month’s topic is the rules surrounding public works, ordinary maintenance [...]
Knowing the Waters
By Frank Chmelik of Chmelik Sitkin & Davis P.S. – March 2021 Port districts, like all Washington local and municipal governments, are required to redistrict their commission districts once every ten years using the decennial census data provided by the federal government. For most port districts (county-wide port [...]
Knowing the Waters – Public Records Requests
By Frank Chmelik and Allison Beard - February 2021 We have recently seen an increase in public record requests. One aspect of public record requests that need particular attention occurs when a list of individuals, companies or employees is requested. The Public Records Act, at RCW 42.56.070(8), prohibits governments from [...]
Knowing the Waters – In-Person Meetings During COVID-19
By Frank Chmelik of Chmelik Sitkin & Davis, P.S. - December 2020 Last month, we discussed some long-term changes that the Covid-19 pandemic has brought to the way that business is conducted at ports which will likely continue into the future. Since the November column, we have received several inquiries [...]
Knowing the Waters – Adapting to Changes During the COVID-19 Pandemic
By Frank Chmelik of Chmelik Sitkin & Davis, P.S. - November 2020 The Covid-19 pandemic has brought some real changes to the way that business is conducted. Ports, like many other businesses and governments, have adapted and innovated. What will be interesting to see is what adaptions and innovations survive [...]
Knowing the Waters – Confidentiality and Non-Disclosure Agreements
By Frank Chmelik of Chmelik Sitkin & Davis, P.S. - October 2020 Over the years, one can see trends in the law. I think this happens when lawyers read the proposed agreements from other lawyers and think “well that is a good idea”. Like a rising tide, the new idea [...]
CDC Eviction Order
The Center for Disease Control and Prevention (“CDC”) has issued an order which temporarily halts residential evictions to prevent further spread of COVID-19. The order is effective September 4, 2020 through December 31, 2020. The CDC’s order applies only after the tenant provides their landlord with an executed declaration under [...]
More Changes in Store for Residential Landlord Tenant Laws July 2020
A year after the legislature overhauled the Washington Residential Landlord Tenant Act (RLTA), Chapter 59.18 RCW, the legislature has again imposed new regulations impacting Washington residential landlord tenant laws. [For a summary of the July 2019 changes, see Article: Important Changes to Washington Residential Landlord Tenant Law]. The new 2020 [...]
Update: What Construction Activity is Currently Allowed and What COVID-19 Safety Requirements Apply
On April 29, 2020, Governor Inslee authorized a “Limited Phase 1 Construction Restart.” This is the first phase of the construction restart, and not all construction activity is allowed under Phase 1. Only the following construction projects are authorized during Phase 1: Any of the “essential” construction activities that were [...]
Long Term View on Short Term Rentals
Short term internet-based vacation rentals, such as AirBNB, and VRBO, are more popular than ever. Given the growing popularity of these short-term rentals, communities in Washington State with active tourism markets have been addressing how to regulate this emerging industry. Earlier this year, Washington State legislature enacted Chapter 64.37 [...]
SELLER ALERT: New Penalties for Failing to Install Smoke Detectors Effective July 1, 2019
In May 2019, the Washington State Legislature enacted SSSB 5284, which substantially changes Fire Protection law and takes effect July 1, 2019. These changes apply to Sellers of all dwelling units. A Dwelling Unit is defined as a single unit providing complete, independent living facilities for one or more [...]
Important Changes to Washington Residential Landlord Tenant Law
Recently adopted Senate Bill 5600 substantially amends Washington residential landlord tenant law effective July 28, 2019.[1] These changes apply to all existing residential leases, regardless of the terms in those leases. This article briefly addresses the major changes and provides recommendations for landlords to consider. Overview of the New [...]