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HomeMy WebLinkAboutord1984-0091 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DRAFT V DATE: January. 5 , 1984 PROPOSED BY: Public Services Committee INTRODUCED BY: Hansey ORDINANCE NO. 84 -9 AN ORDINANCE ESTABLISHING THE WHATCOM COUNTY DEPARTMENT OF ALCOHOL SERVICES AND AMENDING CHAPTER 2.18 W.C.C, IN ITS ENTIRETY, FOR THE PURPOSE OF RE- ESTABLISHING THE ALCOHOLSIM ADMINISTRATIVE BOARD WHEREAS, the Whatcom County Alcoholism Administrative Board presently oversees alcohol assessment and treatment services within the County; and, WHEREAS, it is deemed to be in the public interest to separate assessment and treatment functions; and, WHEREAS, it has been determined that the most efficient method of carrying out the separation of the foregoing functions is through the establishment of a County Department of Alcohol Services which shall operate with the advice of a new administra- tive board; NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. Establishment There is hereby established the Department of Alcohol Services (hereinafter referred tote the "Department "), an executive department of the County. The Department shall commence operation on April 1, 1984; provided, that the County Executive may take any preliminary or transitional steps necessary for the formation of the Department and the implementation of this ordinance; Section 2. Services A. The Department shall provide alcohol assessment services to the following persons: (1) Those who have been arrested for driving while under the influence of intoxicating liquor or drugs (RCW 46.61.502); (2) Those who have been arrested for having actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs (RCW 46.61.504); ORDINANCE DRAFT V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (3) Those who petition for a deferred prosecution of the foregoing offenses (RCW 10.05); (4) Those who are otherwise required to receive such services by order of a court or by law; or, (5) Such other persons as are authorized by resolution or ordinance of the County Council. B. The Department shall assess such persons' involvement with alcohol and other drugs and prepare a written assessment and recommendation concerning the need for education and /or treatment. The reports shall be provided to the court of jurisdiction and to the Department of Licensing. The Department shall also provide such persons with appropriate referral information. C. The Department shall provide such other services as may be authorized by ordinance or resolution of the County Council, Section 3. Appointment of Director. The County Executive shall appoint the chief officer of the Department subject to confirmation by a majority of the County Council. The chief officer shall be the County Alcoholism coordina� for in accordance with the provisions of Chapter 70.96 RCW. gar- +- inn d Qtaff It shall be the responsibility of the chief officer to hire the Department staff in accordance with the Personnel Policies and Procedures of the County and any other applicable laws and regulations. Section 5. Alcoholism Administrative Board Subject to the provisions of Section 9, herein, Chapter 2.18 W.C.C.- is hereby amended, in its entirety, as follows: A. The Whatcom County Alcoholism Administrative Board (hereinafter referred to as the "Board ") is hereby created and shal serve in an advisory capacity to the Department of Alcohol Services in accordance with the provisions of RCW Chapter 70.96 and 70.96A a RAC Sections 275 - 25 and 275 - 19. ORDINANCE DRAFT V 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 B. The Board shall consist of nine (9) members who are residents o Whatcom County. Members of the Board shall be appointed by the County Executive subject to confirmation by a majority of the County. Council, to serve for three (3) years except that one -third (1/,3) of the members appointed to the initial Board shall serve for two (2) years and one -third (1/3) shall serve for one (1) year. Pro- vided, that the Board shall. be composed of members who shall be Irespresentative of the community and shall include at least two (2) recovered alcoholics, recipients of alcoholism services, either past or present, and minority group representation. No more than four (4) elected or appointed City or County officials may serve jupon the Board at the same time. C. At their initial meeting, or as soon therafer as practical, the Board shall elect officers, adopt bylaws and such rules and regulations of procedure as are necessary for the conduct of their (business. Section 6. Treatment Services The Department, with the advice of the Board, shall prepare, solicit, and evaluate proposals from licensed service providers to provide alcohol treatment services within the County. Following th evaluation of such proposals, the Department shall file a recommen- dation with the County Executive for action. Provided, however, th' Section shall not terminate or. otherwise impair any County contract for treatment services in effect on the date this ordinance becomes effective. Section 7. Establishment of Fund and Disposition of Liquor Ta4es A. There is established, effective April 1, 1984, a County Fund to be known as the Whatcom County Alcohol Services Program Fun t. All monies received from any source for the support of the Alcohol Services Program of Whatcom County are to be placed in the Whatcom County Alcohol Services Program Fund. Two percent (2 %) of Whatcom County's share of liquor profits and taxes, as required by Revised Code of Washington Chapter 70.96, Section 2, shall be placed in said f ind Ordinance Draft V page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 B. Liquor taxes and profits deposited in the Whatcom County Alcohol Services Program Fund shall be devoted exclusively to the support of the County Alcohol Services Program. 't Section 8, Cooperation with other Entities Subject to the administrative and legislative control of the County Executive and County Council, the Department of Alcohol Services may cooperate and enter into contracts with, and receive money from, public and private entities to carry out services set forth in Section 2 of this Ordinance. Section 9, Repealer Chapter 2.18 of the Whatcom County Code, and all amendments thereto, are hereby repealed as of April 1, 1984. Section 10. Effective Date of Ordinance This ordinance shall take effect on February 2, 1984 APPROVED this 19th day of January, 1984. WHAT-COM COUNTY COkJNCIL ATTEST: G) W, �v Clerk of the-Co cil (APPROVED AS TO FORM: INGTON urazg w. vole Chai erson (x) APPROVED ( ) VETOED ILL 4.,, "A;W� Shirley Xkn Zan en. Executive Date f- Civil Deputy Prosecuting Attorney Published on January 11, 1984 and January 25, 1984. This ordinance becomes effective on February-2, 1984 ORDINANCE DRAFT V PAGE 4 ,r ATTEST: G) W, �v Clerk of the-Co cil (APPROVED AS TO FORM: INGTON urazg w. vole Chai erson (x) APPROVED ( ) VETOED ILL 4.,, "A;W� Shirley Xkn Zan en. Executive Date f- Civil Deputy Prosecuting Attorney Published on January 11, 1984 and January 25, 1984. This ordinance becomes effective on February-2, 1984 ORDINANCE DRAFT V PAGE 4