News & Insights
Aaron Haynes elected to serve as Chair-Elect for the Washington State Bar Association’s Young Lawyers Committee and as District Representative for Oregon and Washington to the American Bar Association’s Young Lawyers Division
The WSBA’s Young Lawyers Committee recently elected CSD associate Aaron Haynes to serve as its Chair-Elect for 2022-2023 and as District Representative to the ABA’s Young Lawyers Division for 2022-2024. Aaron’s appointment comes after two years of serving as an At-Large Representative to the ABA Young Lawyers Division and [...]
Chmelik Sitkin & Davis P.S. Welcomes Attorney Conner A. Sapp
Conner graduated from the University of Denver Sturm College of Law in May 2020, then went on to clerk for the Honorable Timothy M. Churchwell of Minnesota’s Seventh Judicial District. Prior to graduating, Conner served as an extern to the Honorable David M. Furman of the Colorado Court of [...]
Frank Chmelik & Jon Sitkin selected to 2022 WA Super Lawyers list
Over the past thirty-eight years, the lawyers of Chmelik Sitkin & Davis have built a reputation for offering dependable, high-quality service to various individuals, corporations, and municipalities alike throughout Washington. While our CSD team continues to grow, we continue to hold the same values which have made our firm [...]
CSD Spotlight
Chmelik Sitkin & Davis is pleased to announce that Tim Schermetzler and Matt Paxton have become Principals. Tim focuses on municipal law, construction, land use, real estate, and litigation. He joined Chmelik Sitkin & Davis in 2015 shortly after graduating from Gonzaga University School of Law. Matt’s practice focuses [...]
Chmelik Sitkin & Davis P.S. Welcomes Attorney Lily K. Hubbard
Lily is a graduate of the University of Washington School of Law, where she was a member of the Moot Court Honor Board and Associate Editor-in-Chief for the Washington International Law Review. Lily also gained invaluable experience while externing with the Honorable John C. Coughenour. Prior to joining Chmelik [...]
Chmelik Sitkin & Davis P.S. Welcomes Attorney Aaron T. Haynes
Mr. Haynes is a graduate of the University of Oregon School of Law, where he was a staff editor for the Journal of Environmental Law and Litigation, a Peer Reference Research Assistant, and a member of the Moot Court Board. He also served as an associate editor for the Oregon State Bar [...]
OPMA and PRA COVID-19 Requirements Rescinded Effective June 1, 2022
Tired of reminding speakers that they are trying to talk while “on mute” during a public meeting? For the past two years, there have been several emergency proclamations issued by Governor Inslee under the Proclamation 20-28 series mandating certain requirements for municipal agencies subject to the Open Public Meetings [...]
Updated Mask Requirements for Large Outdoor Events
On Monday, September 13, 2021, the State Secretary of Health has issued Order 20-03.5 which adds the requirement for people to wear face coverings when at outdoor events or gatherings attended by 500 or more people regardless of vaccination status. The Department of Health also strongly recommends that everyone [...]
The Mask Mandate is Back and Vaccinations Will be Required for Education and Childcare Providers – Will this Impact your Government Agency or Business?
Masks: On Wednesday, August 18, 2021, Governor Inslee announced a new statewide indoor mask mandate in response to the rising COVID19 hospitalization rates across the state. The mandate applies to everyone regardless of their vaccination status. The mandate will take effect Monday, August 23, 2021. The mask mandate will [...]
Gov. Inslee Mandates Vaccinations for Employees and Volunteer Health Care Providers by October 18, 2021
By: Richard A. Davis III and Matt T. Paxton On August 9, 2021, Governor Jay Inslee issued Proclamation 21-14 requiring state employees and health care and long-term care providers to be fully vaccinated by October 18, 2021. Proclamation 21-14 applies to all workers for state agencies and most health care [...]
COVID19 OPMA Updates – Restrictions on Capacity and Physical Distancing Lifted
As of June 30, 2021 Governor Inslee has “opened up” Washington State from COVID19 restrictions, however the state of emergency is still in effect. What does this mean for municipal agencies and their compliance with the OPMA? Here are the current requirements regarding open public meetings: Proclamation 20-28.15 is [...]
PHASE 3 UPDATES – Vaccination Status, Masking and OPMA Attendance
May 24, 2021 June 30th Reopening Date On May 13, 2021 Governor Inslee announced the statewide reopening date of June 30, 2021 and that all counties in Washington would move to Phase 3 of his Healthy WA: Roadmap to Recovery plan effective May 18 until June 30. Reopening [...]
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 [...]
Nondisclosure Agreements Update
Employers commonly require employees to sign agreements containing nondisclosure and/or non-disparagement provisions. These provisions are most often found in employment contracts or severance agreements. However, due to recent changes in the law, employers will want to immediately review their provisions to make sure they are compliant with the new [...]
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 [...]
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 [...]
Nondisclosure Agreements Update
Employers commonly require employees to sign agreements containing nondisclosure and/or non-disparagement provisions. These provisions are most often found in employment contracts or severance agreements. However, due to recent changes in the law, employers will want to immediately review their provisions to make sure they are compliant with the new [...]
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 [...]
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. [...]
How “Exhausted” Must Underlying Policies Be Before an Umbrella Policy Must Respond to a Loss?
Triggering umbrella coverage is often a confusing and grueling process for insureds, specifically when trying to answer the question of when exactly that “trigger” may occur. In August 2021, the Washington State Court of Appeals in Gull Industries, Inc. v. Granite State Insurance Company, 493 P.3d 1183 (Wash. Ct. [...]
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 [...]
November 2022 Knowing the Waters – Incidents and Claims
By Frank Chmelik This month we will look at how a port should react to a reported personal injury or property damage claim on port property and how the port should expect to interface with the potentially injured party, the port’s insurance broker, the port’s insurance carrier and the [...]
Nondisclosure Agreements Update
Employers commonly require employees to sign agreements containing nondisclosure and/or non-disparagement provisions. These provisions are most often found in employment contracts or severance agreements. However, due to recent changes in the law, employers will want to immediately review their provisions to make sure they are compliant with the new [...]
September 2022 Knowing the Waters – Communicating Sensitive Information to Commissioners
By Frank Chmelik This month’s focus is on the “best practices” for communicating with commissioners between meetings. Port staff frequently have information about potential tenants or customers or other sensitive information that is not public information, but they need to communicate it to commissioners and seek timely individual commissioner [...]
August 2022 Knowing the Waters – Delegation of Powers
By Frank Chmelik This month’s column is about “Delegation of Powers Resolutions” which was a lively topic at the recent executive directors’ seminar. Everyone would agree that the commissioners acting together as the port commission in an open public meeting really do govern port districts. In a sense, the [...]
July 2022 Knowing the Waters – Controversial Meetings
By Frank Chmelik Here is a bit of a different topic. Last week at the Commissioner Conference in Walla Walla we discussed strategies for contentious commission meetings. It was an interesting discussion led by me and Commissioner Troy Stariha from the Port of Kalama. It turns out, from the [...]
June 2022 Knowing the Waters – OPMA Amendments
By Frank Chmelik Following up on last month’s topic of “public comment” at commission meetings, this month we look at the recent changes to the Open Public Meetings Act which became effective June 9, 2022. In the last session, the Legislature passed Engrossed Substitute House Bill 1329 (“ESHB 1329”) [...]
November 2022 Knowing the Waters – Incidents and Claims
By Frank Chmelik This month we will look at how a port should react to a reported personal injury or property damage claim on port property and how the port should expect to interface with the potentially injured party, the port’s insurance broker, the port’s insurance carrier and the [...]
October 2022 Knowing the Waters – Annual Checklist
By Frank Chmelik I have recently received several requests to talk again about issues that a port commission or executive director may consider at year end or early next year. The idea here is to list items, which should be looked after at least annually – call it an [...]
September 2022 Knowing the Waters – Communicating Sensitive Information to Commissioners
By Frank Chmelik This month’s focus is on the “best practices” for communicating with commissioners between meetings. Port staff frequently have information about potential tenants or customers or other sensitive information that is not public information, but they need to communicate it to commissioners and seek timely individual commissioner [...]
August 2022 Knowing the Waters – Delegation of Powers
By Frank Chmelik This month’s column is about “Delegation of Powers Resolutions” which was a lively topic at the recent executive directors’ seminar. Everyone would agree that the commissioners acting together as the port commission in an open public meeting really do govern port districts. In a sense, the [...]
July 2022 Knowing the Waters – Controversial Meetings
By Frank Chmelik Here is a bit of a different topic. Last week at the Commissioner Conference in Walla Walla we discussed strategies for contentious commission meetings. It was an interesting discussion led by me and Commissioner Troy Stariha from the Port of Kalama. It turns out, from the [...]
June 2022 Knowing the Waters – OPMA Amendments
By Frank Chmelik Following up on last month’s topic of “public comment” at commission meetings, this month we look at the recent changes to the Open Public Meetings Act which became effective June 9, 2022. In the last session, the Legislature passed Engrossed Substitute House Bill 1329 (“ESHB 1329”) [...]
October 2022 Knowing the Waters – Annual Checklist
By Frank Chmelik I have recently received several requests to talk again about issues that a port commission or executive director may consider at year end or early next year. The idea here is to list items, which should be looked after at least annually – call it an [...]
An End of the Eviction Moratorium is Near But More New Rules are on the Horizon for Landlords
After more than a year of operating under the Governor’s Evictions and Related Housing Practices Proclamation 20—19 et seq. (the “Governor’s Proclamation”), which significantly restricted residential landlords’ ability to raise rent, enforce rules, remove tenants, and collect delinquent rent and fees, there is some light at the end of [...]
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 [...]