005-20 - Ordinance - Relating to Council Meetings Amending POMC Chapter 2.04 for Council Meeting AttendanceoRDINANCE NO. 005-20
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO COUNCIL MEETINGS; AMENDING PORT ORCHARD
MUNtCtPAt CODE SECflONS z.O .OLO, 2.M.16O, 2.U.O2LO, AND
ADOPTING NEW SECTION 2.O4.M5 FOR COUNCIL MEETING
ATTENDANCE; PROVIDING FOR SEVERABILITY; ESTABIISHING AN
EFFECTIVE DATE.
WHEREAS, Chapter 35A.110 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 Chapter 2.04; and
WHEREAS, the City Council finds that amendments and adoption of a new provision
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; now, therefore,
THE CtTy COUNC|I OF THE CtTy OF PORT ORCHARD, WASHTNGTON, DO
ORDAIN AS FOLTOWS:
SECTION 1. POMC Z.O4.OLO, Amendment. Port Orchard Municipal Code Section
2.04.010 is hereby amended to read as follows:
Z.O4.OLO Meeting time and place.
The city council shall hold a minimum of one meeting per month. The city council shall
determine the annual schedule for these meetings for the next calendar year no later than the
last regular business meeting of the preceding calendar year. Regular meetings are typically
held on the second and fourth Tuesdays, in the council chambers of City Hall, commencing at
the hour of 6:30 p.m. and continuing to 9:30 p.m. To continue past the 9:30 p.m. adjournment
time, a majority of the city council must concur. The Work Study Session meetings are typically
held on the third Tuesday, in the council chambers of City Hall, commencing at the hour of 6:30
p,nn The city council may change the time and/or place of any scheduled meeting if public
notice of such meeting has been given pursuant to the provisions of RCW 42.30.080 as now or
hereafter amended. ln the event any scheduled meeting falls on a holiday, the city council shall
meet on the next business day at the same hour.
SECTION 2. POMC 2.O4.O45, Adoption. Port Orchard MunicipalCode Section 2.04.045 is
hereby adopted to read as follows:
Ordinance No. 005-20
Page 2 of 3
2.04.045 Remote Attendance
The Mayor, or in the Mayor's absence the mayor pro tem, 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 cannot be delayed but rather requires
immediate 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.
SECTION 3. POMC 2.04.L6O, Amendment. Port Orchard Municipal Code Section
2.O4.L6O is hereby amended to read as follows:
2.04.160 Voting required by council member.
Each member present must vote on all questions put to the council, except as to
matters with respect to which such council member has a personal financial interest; matters
presented for council consideration by an entity other than the city in which the council's
determination is advisory only; or meeting minutes of a meeting the council member did not
attend. For the purposes of this section, a member is considered present when appearing
remotely in accordance with POMC 2.O4.O45.
SECTION 4. POMC 2.04.270, Amendment. Port Orchard Municipal Code Section
2.O4.2LO is hereby amended to read as follows:
2.04.2LO City employees requested to attend
The chair shall assure that all regular meetings, workshops, special and emergency
meetings of the council are appropriately staffed. The Mayor or designee may authorize remote
attendance by employees, at his or her discretion. While the authority for requiring department
heads to attend council meetings rests with the mayor, the council is free to refuse to take
action on particular agenda items where necessary department directors are not present.
SECTION 5. Declaration of Emergency. Pursuant to RCW 35A.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. Pursuant to Matson v. Clark Countv Board of
Commissioners. 79 Wn. App. 641, 9O4 P.zd 317 (1995), underlying facts necessary to support
this emergency declaration are included in the recitals set forth above, which are adopted by
reference.
Ordinance No. 005-20
Page 3 of 3
SECTIOI{ 6. Seyerabilitv. 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 rernaining parts of this ordinance.
SECflOU- 7. 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 176 day of March ZO2O.
Robert Mayor
ATTEST:
MMC, City Clerk
APPROVED A5 TO FORM:
Charlotte A. Archer, City Attorney
SPONSORED BY:
Cucciardi, Council member
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NOTICE OF CITY OF PORT ORCHARD
ORD!NANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held March 77,2020.
oRDINANCE NO. 005-20
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REIATING TO COUNCIL MEETINGS; AMENDING PORT ORCHARD
MUNICIPAL CODE SECTTONS 2.O .OLO, 2.O4.t6O, 2.O4.O2!O, AND
ADOPTING NEW SECTION 2.04.045 FOR COUNCIL MEETING ATTENDANCE;
PROVIDING FOR SEVERABILITY; ESTABLISHING AN EFFECflVE DATE.
Copies of Ordinance No. 005-20 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. 005-20 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, March 27 ,2020