GTH partners Brad B. Jones and Dianne K. Conway recently won a dismissal of a Clean Water Act (CWA) citizen suit filed by Puget Soundkeeper Alliance (PSA) against SSA Marine, Inc. and SSA Terminals, LLC for alleged permit violations at the West Sitcum Terminal in the Port of Tacoma. The federal court found that the notice provided by PSA alleging future hypothetical claims if SSA Marine, Inc. and SSA Terminals, LLC were to later start operations at the Terminal was premature and failed to meet the basic requirements of CWA’s notice provision.
Archer wins appeal against Puyallup
Partners Bill Lynn and Margaret Archer recently obtained a favorable decision from the Pierce County Hearing Examiner following a highly contested two-week public hearing. The Examiner denied two separate appeals filed by the City of Puyallup challenging our client’s planned development known as the Knutson Farms Industrial Park. The Examiner also approved a shoreline permit for the project over Puyallup’s objection. The development, which has been approved by Pierce County, has been designed to minimize environmental impacts, will bring substantial employment opportunities and advance regional economic development. For the complete story please visit: https://www.thenewstribune.com/news/local/article222314455.html
GTH holds food drive competition for the Emergency food Network
In the spirit of Thanksgiving, GTH held a 2-week food drive competition for the Emergency Food Network. Staff and attorneys were split into 4 teams for the contest. Altogether the teams collected 4,526 of food, and over $1,000 in donations. Our friends at EFN reported that this is equivalent to 8,762 meals! If you are looking for a way to help out your local community this holiday season, please consider making a contribution to EFN! https://www.efoodnet.org
Salvador Mungia becomes Chair of the Access to Justice Board
On October 1, 2018 Salvador A. Mungia became Chair of the Access to Justice Board. Sal was appointed to the ATJ Board by the Washington State Supreme Court in 2016. He devotes a large portion of his time to promote access to the civil justice system for those who cannot afford to hire an attorney by representing individuals and groups in state and federal courts without charging them a fee. The Washington State Supreme Court created the Access to Justice Board in 1994 and charged the Board with the responsibility to achieve equal access to the civil justice system for those facing economic and other significant barriers.
To learn more about Access to Justice visit https://www.justice.gov/atj
Salvador Mungia and Lisa Kremer help organize McCarver Elementary community event
Partners Salvador Mungia and Lisa Kremer recently devoted their energy helping McCarver Elementary students start the school year on the right foot by being part of the Tacoma-Peirce County Bar Association’s (TPCBA) Back-to-School day at McCarver. The TPCBA was the primary sponsor of this event with financial sponsorship also by the Pierce County Minority Bar Association. A committee composed of members of the TPCBA planned and volunteered at the school on September 6 to welcome the students back to school.
The event focused on connecting students and their parents with various community resources through organizations such as Tacoma Pro Bono, Northwest Immigrant Rights Project, Team Child, Northwest Justice Project, and The Tacoma Housing Authority donated over 500 free books. Additionally, there were bouncy houses and obstacle courses, several games that children could play to win prizes, and twelve new backpacks were raffled off to lucky winners.
If you are interested in learning how you can volunteer with Tacoma Public Schools, please visit their website:
https://www.tacomaschools.org/partnerships/Pages/Volunteer.aspx
Sheridan and GTH catch a Rainers game!
During the inaugural year of our partnership with Sheridan Elementary attorneys and staff often asked, “How can we help more?” For GTH staff members Amelia Franco and Matt Main, that turned out to be coaching the 2nd and 3rd grade Sheridan baseball team through Tacoma Metro Parks. While the baseball season ended earlier in the summer, the friendships built during the season stayed strong.
With Summer ending, GTH, with the help of Human Resources Director Evelyn Sellers, donated enough Tacoma Rainiers season tickets to take the whole team to a game. On Saturday, August 25th, GTH staff organized the outing and arranged for the group to meet Rainers pitcher Tyler Higgins and other players before the start of the game. Each Sheridan player was able to take home an autographed baseball, with many of the kids asking the big-league players to sign their hats, shirts, and gloves. Staff member Matt Main said, “It was great to see the kids having a good time. For some, it was their first Rainers game, and seeing all those smiles while meeting the players was priceless.”
Washington Supreme Court Says Underpaid Workers are Entitled to Double Their Withheld Wages, Plus Interest
Employees in Washington enjoy some of the strongest wage and hour protections in the country. An employer that willfully fails to pay agreed or required (e.g., minimum wage) compensation is liable to its employee for double the unpaid amount. The same rule applies to improper payroll deductions.
In Hill v. Garda CL Northwest, Inc., the Washington Supreme Court held that employees who establish a wage violation are also entitled to interest on the unpaid wages. In its August 23, 2018 opinion, the Court rejected the employer’s argument that an award of both double damages and prejudgment interest is an impermissible double recovery. The Court explained that the statute allowing for two times the wages withheld, and the statute allowing interest, serve different purposes. The former is meant to “punish and deter” employers who underpay their workers. The latter is designed to repay the employee for the “use value” of the money he or she did not receive. Thus, both forms of relief are recoverable.
GTH’s first year of volunteering at Sheridan Elementary was a huge success!
As summer arrived GTH bid farewell to our Sheridan Elementary first graders until this Fall. Beginning in January, 2018 over 20 volunteers committed to visiting their assigned class a few hours a month to work with students to improve their reading and writing skills. During the course of the year memorable moments were made when we accompanied the kids to field trips at The University of Washington School of Law, and an end of the school year trip to Verlo Playfield.
Legal assistant Lisa Blakeney said, “I LOVED the Sheridan Elementary School Program!! The teachers are wonderful, and the first graders are even better. I know my kids’ reading skills improved during the year.”
We are excited to follow this exceptional group of students to second grade and already looking forward to the start of the school year.
A new state law on Notarial Acts becomes effective on July 1, 2018. This article summarizes the effects for Notaries Public:
A new state law on Notarial Acts becomes effective on July 1, 2018. This article summarizes the effects for Notaries Public:
1. Journals. RCW 42.45.180 requires all notary publics to maintain a journal, except for lawyers, for whom it is optional if they keep the same information in their professional practice. Each entry must contain the following information:
a) date and time of act;
b) brief description of the document/act being notarized;
c) name and address of the signing parties;
d) description of method of identifying signing party (i.e. driver’s license, passport, etc.); and
e) the signing party’s signature; i.e. the signing party must sign the document and the journal.
An entry in a journal must be made contemporaneously with the performance of the notarial act and contain the information listed above.
The journal and notary seal must be kept in a locked and secured area, under the direct and exclusive control of the notary public. Failure to secure the journal may be cause for the director to take administrative action against the commission held by the notary public. If a notary public’s journal is lost or stolen, the notary public shall promptly notify the department on discovery the journal is lost or stolen.
The journal must be kept for 10 years after the date of the last dated entry. After ten years have passed, the journal must be destroyed by secure shredding.
A notary may maintain an electronic journal in a permanent, tamper-evident electronic format complying with the rules of the director, but they must also keep a tangible journal.
2. Resignation/Revocation/Suspension. If a notary public resigns, is suspended or their commission is revoked, the notary public shall retain the notary public’s journal and inform the department where the journal is located.
3. Additional Changes:
• New notary stamps must include commission number. This new requirement does not take effect until the notary’s renewal date.
• Notaries may accept identification that is less than three years expired.
• Notaries may not notarize any document that gives them or their spouse a beneficial interest; they also cannot notarize their own signature.
• Notarial certificates must be in English, or in two languages so long as one is in English.
• Non-attorney notaries are specifically barred from giving legal advice, for example, regarding whether there is an issue with the notarial certificate.
4. Electronic Notarizations. Notaries will, in the future, be allowed to perform notarizations on electronic documents with an Electronic Records Notary Public endorsement. There is a $15 application fee, separate from the commission application fee, to become an E-Records Notary Public. Approval standards are a work in progress. The endorsement lasts for the duration of the notary’s commission. Tamper-evident technology is required that allows the notary’s signature and seal to be digitally affixed to the document. Full legal requirements for e-notarizations are not yet complete.
Clover Park School District to pay seven figures to ex-administrator who opposed sex offender transfers
The Clover Park School District is set to pay a settlement of $1.2 million to client Moureen David, an ex-administrator who lost her job for opposing the system of sexual offender transfers between schools. Ms. David provided almost two decades of dedicated service to the school district, making sure that students’ safety and education was paramount. Children aren’t going to be in a safe environment if employees don’t feel free to speak out about situations in which students may be at risk of sexual assault, sexual harassment or policies breaking down in that regard. For further information, please click on The News Tribune story below:
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