021-16 - Ordinance - POMC 2.80 Emergency Management OrganizationORDINANCE NO. 021-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
CREATING A NEW CHAPTER IN THE PORT ORCHARD MUNICPAL
CODE 2.80 (EMERGENCY MANAGEMENT ORGANIZATION);
PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the Revised Code of Washington 38.52.070 authorizes and directs local
jurisdictions to establish a local organization for emergency management and to develop and
maintain a local comprehensive emergency management plan; and
WHEREAS, on February 9, 2016, the Port Orchard City Council passed Ordinance 005-16,
adopting the City of Port Orchard's 2015 Comprehensive Emergency Management Plan (CEMP);
and
WHEREAS, through adoption of the CEMP, the City Council acknowledged that the primary
response and recovery goals for emergency management are to: (1) Support the City and other
local jurisdictions during an emergency or disaster; and (2) Maintain a comprehensive internal
process for conducting daily business before, during and after an emergency or disaster; and
WHEREAS, because the City is a member of the emergency management organization of
Kitsap County, the City Council has determined that it is advisable to adopt into the City's
municipal code certain emergency management procedures in support of the CEMP to clarify the
City's intended involvement in assisting the emergency management organization of Kitsap County
in carrying out the CEMP; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. A new Chapter 2.80 is hereby created as follows:
Chapter 2.80
EMERGENCY MANAGEMENT ORGANIZATION
Sections:
2.80.010 DEFINITIONS.
2.80.020 ESTABLISHED.
2.80.030 POWERS AND DUTIES.
Ordinance No. 021-16
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2.80.040 EMERGENCY MANAGEMENT COUNCIL - CONTROL.
2.80.050 EMERGENCY MANAGEMENT COUNCIL - COMPOSITION.
2.80.060 EMERGENCY MANAGEMENT COUNCIL - CONDUCT OF BUSINESS.
2.80.070 EMERGENCY MANAGEMENT COUNCIL - APPOINTMENT OF DIRECTOR.
2.80.080 POWERS AND DUTIES OF DIRECTOR.
2.80.090 BUDGET.
2.80.100 FUNDING.
2.80.110 FUND ESTABLISHED.
2.80.120 DECLARATION OF EMERGENCY OR DISASTER.
2.80.130 COMPENSATION FOR EMERGENCY WORKERS.
2.80.140 LIABILITY.
2.80.150 COMPENSATION BOARD.
2.80.160 COUNTY DUTIES.
2.80.170 VIOLATION - PENALTY.
2.80.180 CHAPTER TO BE LIBERALLY CONSTRUED.
2.80.190 TERM.
2.80.200 WITHDRAWAL BY PARTICIPANTS.
2.80.210 MAYOR'S PROCLAMATION OF EMERGENCY.
2.80.010 DEFINITIONS.
The following terms are defined as follows:
(a) "Cities" means the cities of Bremerton, Port Orchard, Poulsbo and Bainbridge Island.
(b) "Council" means the emergency management council of Kitsap County.
(c) "County" means Kitsap County.
(d) "Director" means the director of the emergency organization.
(e) "Emergency" or "disaster" means an event or set of circumstances which: (1) demands
immediate action to preserve public health, protect life, protect public property, or to provide
relief to any stricken community overtaken by such occurrences; or (2) reaches such a
dimension or degree of destructiveness as to warrant the governor declaring a state of
emergency pursuant to RCW 43.06.010.
(f) "Emergency organization" means the emergency management organization of Kitsap
County.
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(g) "Emergency management" means the preparation for and the carrying out of all
emergency functions, other than functions for which the military forces are primarily
responsible, to mitigate, prepare for, respond to, and recover from emergencies and disasters,
and to aid victims suffering from injury or damage resulting from disasters caused by all
hazards, whether natural or manmade, and to provide support for research and rescue
operations for persons and property in distress.
(h) "Search and rescue" means the acts of searching for, rescuing, or recovering by means of
ground, marine, or air activity any person who becomes lost, injured, or is killed while outdoors
or as a result of a natural or manmade disaster including instances involving searches for
downed aircraft when ground personnel are used.
2.80.020 ESTABLISHED.
The emergency management organization of Kitsap County is established. This organization is
the successor to the Kitsap County department of emergency management. The emergency
management organization of Kitsap County is a Kitsap County department that is jointly
administered and funded by the county and the cities pursuant to an interlocal agreement.
2.80.030 POWERS AND DUTIES.
The emergency organization shall provide emergency management to the residents of and on
behalf of the county and cities. In addition, the emergency organization is, pursuant to RCW
38.52.070, designated as the local organization for emergency management for county and
cities. The emergency organization is vested with emergency management power and
authority to the maximum extent permitted by Chapter 38.52 RCW.
2.80.040 EMERGENCY MANAGEMENT COUNCIL - CONTROL.
(a) The emergency management council of Kitsap County is established.
(b) The control, direction and management of emergency organization are vested in the
council.
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2.80.050 EMERGENCY MANAGEMENT COUNCIL - COMPOSITION.
The council shall be composed of five (5) persons as follows: One (1) county commissioner; the
three (3) mayors of Bremerton, Port Orchard and Poulsbo; and one (1) city councilmember
from Bainbridge Island. If one of the members is unable to attend a meeting of the council, he
or she may designate an alternate elected official who shall be empowered to vote and
participate in and conduct the business of the council.
2.80.060 EMERGENCY MANAGEMENT COUNCIL - CONDUCT OF BUSINESS.
(a) Meetings. The business and other matters which come before the council shall be
transacted at open public meetings. Meetings may be scheduled at regular times or may be
called only as necessary. Meetings may be called by the council's chairperson or vice-
chairperson or by the director.
(b) Quorum. A quorum shall exist when there are at least two (2) mayors, or their designees,
and one (1) commissioner, or his or her designee, present. Business may be conducted by
majority vote of the quorum unless otherwise provided in this agreement.
(c) Bylaws. Bylaws may be passed and amended by the council but shall require a two-thirds
(2/3) favorable vote.
(d) Election. At the first meeting of each calendar year the council shall elect one (1) of its
number chairperson and another vice-chairperson. Each shall serve for the balance of the
calendar year or until successors are elected.
(e) Minutes. The director or someone designated by him or her shall keep the minutes of all
meetings.
(f) Rules. Council meetings shall be conducted in accordance with Robert's Rules of Order.
(g) Notice. Prior to conducting and holding meetings, each member of the council shall be
given forty-eight (48) hours' advance notice.
Ordinance No. 021-16
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2.80.070 EMERGENCY MANAGEMENT COUNCIL - APPOINTMENT OF DIRECTOR.
The council shall appoint a director who shall organize, administrate and operate the
emergency organization on a day-to-day basis. The director shall serve at the pleasure of the
council.
2.80.080 POWERS AND DUTIES OF DIRECTOR.
The director shall:
(a) Implement the policies, programs and directives of the council in regard to emergency
management;
(b) Make recommendations and reports to the council;
(c) Represent the emergency management program on behalf of the council in dealings with
public and private entities;
(d) Organize, appoint and train volunteers and salaried employees needed to assist in the
implementation of emergency management;
(e) Coordinate the local emergency management program with state, federal, and other local
programs;
(f) Develop an all-hazard emergency plan including procedures to be utilized in emergencies;
(g) Conduct studies and surveys of hazards and the resources available to deal with them;
(h) Develop mutual aid agreements for reciprocal emergency management aid and
assistance.
2.80.090 BUDGET.
(a) Submittal. Prior to the expiration of each calendar year the director shall submit a
proposed budget to the council.
(b) Adoption. The council shall adopt a budget ninety (90) days prior to the end of the
calendar year.
Ordinance No. 021-16
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2.80.100 FUNDING.
The annual budget amount of emergency organization not funded after receipt of grants or
gifts shall be funded by assessments from the county and cities. The assessment amount for
each city shall be that amount which is obtained when the population of that city is divided by
the total population of the county and that percentage is then multiplied by the budget
amount. The assessment amount for the county shall be that amount which is obtained when
the population of the unincorporated portion of the county is divided by the total population
of the county and that percentage is then multiplied by the budget amount. Population figures
utilized shall be the latest figures available from the Bureau of Census, State Office of Financial
Management.
2.80.110 FUND ESTABLISHED.
Moneys received and collected on behalf of the emergency organization shall be deposited in a
fund known as the "Kitsap County Emergency Management Fund," maintained by the county's
treasurer. Expenditures by emergency organization shall be made from this fund.
2.80.120 DECLARATION OF EMERGENCY OR DISASTER.
(a) Declaration. If the circumstances warrant, the council may declare the existence of an
emergency or disaster; provided, if the circumstances are sufficiently exigent the director may
declare the existence of an emergency or disaster if there is not sufficient time for the council
to meet in person or by telephone; provided further, if an emergency or disaster is declared by
the director, the council shall meet with all dispatch to affirm or rescind the declaration.
(b) Abatement. When a declared emergency or disaster has sufficiently abated, the council
shall declare an end to the emergency or disaster.
(c) Use of Government Resources. If an emergency or disaster has been declared, the
emergency organization may utilize the services, equipment, supplies and facilities of the state
and all governmental entities organized pursuant to state law.
(d) Impressment of Citizens. If an emergency or disaster has been proclaimed by the
governor, the emergency organization may command the service and equipment of citizens.
Ordinance No. 021-16
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(e) Rules and Regulations. If an emergency or disaster has been declared, the council may
make such rules and regulations necessary for the protection of life and property.
2.80.130 COMPENSATION FOR EMERGENCY WORKERS.
Emergency workers or their dependents shall be compensated for injuries or death as provided
in Chapter 38.52 RCW and WAC Title 118.
2.80.140 LIABILITY.
Liability for emergency management operations shall be as limited by Chapter 38.52 RCW.
2.80.150 COMPENSATION BOARD.
The compensation board for emergency organization shall be composed of those individuals as
would a compensation board for a county pursuant to RCW 38.52.210(1).
2.80.160 COUNTY DUTIES.
The County shall:
(a) Provide office space and related amenities for the emergency organization;
(b) Recommend the salaries of the director and the salaried staff of the emergency
organization;
(c) Treat the director and salaried staff as a county department, insofar as possible, with
respect to such matters as auditing, accounting, fringe benefits and personnel policies.
2.80.170 VIOLATION - PENALTY.
Any person, firm or corporation knowingly violating any rule or regulation promulgated
pursuant to POMC 2.80.120(e) shall be guilty of a misdemeanor. Any violation shall be deemed
a separate offense for each day or portion thereof it continues. Punishment upon conviction
shall be a fine not exceeding two hundred fifty dollars ($250.00) or imprisonment for not more
than ninety (90) days, or both such fine and imprisonment.
Ordinance No. 021-16
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2.80.180 CHAPTER TO BE LIBERALLY CONSTRUED.
This chapter shall be liberally construed to secure the public health, safety and welfare, and the
rule of strict construction shall have no application.
2.80.190 TERM.
This chapter shall be of perpetual duration unless terminated as provided in POMC 2.80.200.
2.80.200 WITHDRAWAL BY PARTICIPANTS.
Any of the five (5) participants of this joint emergency services program may withdraw from it
by giving written notice of such to each of the other participants no later than sixty (60) days
prior to the end of a calendar year; provided, that no participant may withdraw unless it is
current in its monetary assessment. In the event such notice is given, the withdrawal shall be
effective December 31st of the year such notice was given. Forthwith upon receipt of a notice
of withdrawal, the remaining participants shall meet with respect to the adjustments to the
joint program necessitated by such withdrawal.
2.80.210 MAYOR'S PROCLAMATION OF EMERGENCY.
(a) When unforeseen circumstances, beyond the control of the City, present an emergency or
disaster as defined in the City of Port Orchard's Comprehensive Emergency Management Plan,
RCW 38.52.010(6)(a). and/or other federal, state or local law, the Mayor, or in his or her
absence, the Mayor Pro Tempore, or in both their absence, the next successor in line on the
City Council, may issue a proclamation ("Mayor's Proclamation") that an emergency situation
exists ("State of Emergency") which necessitates activation of the City of Port Orchard's
Comprehensive Emergency Management Plan, and the utilization of emergency powers
granted pursuant to said plan, as well as Chapter 2.80 POMC, RCW 38.52.070(2) and other
applicable federal, state and/or local laws. Upon such proclamation, the City departments are
authorized to do the following:
(1) In accordance with the City of Port Orchard's Purchasing Policies, make purchases
and enter into related contracts for material, equipment and services necessary and
appropriate to address the emergency situation and the implementation of emergency
protective measures without the necessity to follow the standard purchasing
requirements outlined in such Purchasing Policies;
Ordinance No. 021-16
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(2) Make purchases and enter into related contracts for material, equipment and
services necessary and appropriate to address the emergency situation without utilization
of competitive bidding requirements of Chapter 39.04 RCW;
(3) To incur obligations necessary to combat such emergency situations to protect the
health and safety of persons and property;
(4) To exercise the powers vested under this proclamation in light of an extreme
emergency situation without regard to time-consuming procedures and formalities
prescribed by law (excepting mandatory constitutional requirements);
(5) Provide appropriate assistance to the victims of such disaster; and
(6) To take any other emergency protective measures deemed appropriate.
(b) The use of the emergency powers granted in this section shall be in effect only so long as
emergency protective measures are deemed necessary to:
(1) Eliminate or reduce any immediate threat to life, public health, or safety; or
(2) Eliminate or reduce an immediate threat of significant damage to improved public
property (and private property when it is in the best interest of the general public)
through cost-effective measures.
(c) Upon the conclusion of the event, the Mayor, or in his or her absence, the Mayor Pro
Tempore, or in both their absence, the next successor in line on the City Council, will issue a
declaration ("Mayor's Declaration") terminating the state of emergency as declared in the
Mayor's proclamation ending the event period.
SECTION 2. If any section, sentence, clause or phrase of this ordinance should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION 3. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
Ordinance No. 021-16
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PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 26th day of July, 2016.
PUBLISHED: August 5, 2016
EFFECTIVE DATE: August 10, 2016
Robert Pu£aansuu, Mayor
ATTEST:
5^^—
Brandy Rinearson, CMC, City Clerk
TSEALJ1
APPROVED AS TO FORM:
aron Cates, City Attorney
Sponsored by:
Cindy 1/ucareTli, Councilmember
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 July 26th, 2016.
ORDINANCE NO. 021-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, CREATING A NEW CHAPTER IN THE PORT
ORCHARD MUNICPAL CODE 2.80 (EMERGENCY MANAGEMENT ORGANIZATION); PROVIDING FOR SEVERABILITY;
AND SETTING AN EFFECTIVE DATE.
Copies of Ordinance No. 021-16 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. 021-16 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, August 5th, 2016