007-20 - Ordinance - Council Meetings Amending Section 2.04.045 for Council Meeting AttendanceoRDINANCE NO. OO7-20
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO
COUNCIL MEETINGS; AMENDING PORT ORCHARD MUNICIPAL CODE SECTION
2.O4.O45 FOR COUNCIL MEETING ATTENDANCE; DECIARING AN EMERGENCY;
PROVIDING FOR SEVERABIIIW; ESTABLISHING AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Chapter 35A.LL0 RCW, including but not limited to RCW 35A.12.110,
establishes the parameters for the conduct of council meetings, including notice and
attendance; and
WHEREAS, in compliance with Chapter 35A.110 RCW, the City Council by Ordinance
designated the date and time, location, and parameters for council meetings, codified at Port
Orchard Municipal Code (POMC) Chapter 2.04; and
WHEREAS, the City Council finds that amendments to POMC Section 2.04.045 pertaining
to the time and remote attendance of meetings by Council members and City staff are
necessary and appropriate to ensure the health and safety of the Council, public, and the City's
employees;
WHEREAS, the Mayor issued a Proclamation of Local Emergency on March L6, 2020,
pertaining to the spread of the novel coronavirus known as COVID-19, and the City Council
ratified that Proclamation at an open meeting by motion on March L7, 2020 confirming the
existence of an emergency in the City; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Amendment. Port Orchard Municipal Code 2.04.045 is hereby amended to
read as follows:
2.04.045 Remote Attendance
The Mayor, or in the Mayor's absence the mayor pro tem (the "Presiding Officer"), may
approve Councilmembers or employees appearance at a regular, special or work study session
meeting via video conferencing or telephone ("remote attendance") under the following
circumstances:
a. When action on a measure to be voted on should not be delayed but rather requires
action or remedy; and
b. The remote attendance is for the benefit of the City and not for the benefit of an
individual Councilmember; and
c. ln the event of fire, flood, earthquake, or other emergency relating to public health
and safety.
Ordinance No. 007-20
Page 2 of 2
lf the above requirements are met, the Presiding Officer shall notify all Councilmembers in
advance of the meeting, and shall accommodate all requests by Councilmembers for remote
attendance.
SECTl9ry._A. Declaration of Emergenry. Pursuant to RCW 354.12.130 and RCW
35A.13.190, this Ordinance, as a public emergency ordinance necessary for the protection of
the public health, public safety, public property, or public peace, shall take effect and be in full
force immediately upon its adoption.Pu rsua nt to Matson v. Clark County Board of
Commissioners, 79 Wn. App. 54L, 9O4P.Zd 317 (1995), undertyingfacts necessary to suppCIrt
this emergency declaration are included in the recitals set forth above, which are adopted by
reference.
SECTION 3. Severability. lf any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision
shall not affect the validity of the remaining parts of this ordinance.
SECTION 4. Effective Date. This ordinance shall be in full force and effect upon
adoption. The Clerk is authorized to post and publish this ordinance, as required by law. A
summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by
State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 14th day of April 202O.
Robei't Putaans Mayor
Bra City Clerk
AS TO
A. Arche r, City Attorn
PUBLISHED: April L7, 2020
EFFECTIVE DATE: Apri] 1"4,2O2O
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NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held April L4,2020.
ORDINANCE NO. OO7-20
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REIATING TO COUNCIL MEETINGS; AMENDING PORT ORCHARD
MUNICIPAL CODE SECTION 2,04.045 FOR COUNCIL MEETING
ATTENDANCE; DEC1ARING AN EMERGENCY; PROVIDING FOR
SEVERABILITY; ESTABLISHING AN IMMEDIATE EFFECTIVE DATE.
Copies of Ordinance No. 007-20 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 007-20 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, April 17 ,2020