HomeMy WebLinkAboutord2020-021• Whatcom County COUNTY COURTHOUSE
sue.
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2020-173
File ID: AB2020-173 Version: 1 Status: Adopted as Amended
File Created: 04/07/2020 Entered by: DBrown@co.whatcom.wa.us
Department: Council Office File Type: Ordinance
Assigned to: Council Final Action: 04/21/2020
Agenda Date: 04/21/2020 Enactment#: ORD 2020-021
Primary Contact Email: Rl3rowne a co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance establishing a process for information to be disclosed to the Division of Emergency
Management, the County Executive, the County Health Board and the public during a public health
emergency
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Ordinance establishing a process for information to be disclosed to the Division of Emergency
Management, the County Executive, the County Health Board and the public during a public health
emergency
"Returned to Council on 4/29/2020 from Executive - Unsigned. See memo attached
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action: Sent To:
04/07/2020 Council
INTRODUCED Council
Aye:
5 Browne, Buchanan, Donovan, Frazey, and Kershner
Nay:
2 Byrd, and Elenbaas
Absent:
0
04/21/2020 Council
ADOPTED AS AMENDED
Aye:
7 Browne, Buchanan, Byrd, Donovan, Frazey, Elenbaas, and Kershner
Nay:
0
Whatcom County
Page 1 Printed on 51112020
Agenda Bill Master Report Continued (AB2020-173)
Absent: 0
Attachments: Proposed Odinance, Browne's Proposed Edits for Consideration 4.21.2020, Executive's Additional
Proposed Edits for 4.21.2020, Notice of Action Proposed for 4.21.2020
Whatcom County Page 2 Printed on 51112020
1 PROPOSED BY: BROWNE, DONOVAN, BUCHANAN
2 INTRODUCTION DATE: APRIL 7, 2020
3
4 ORDINANCE NO. 2020-021
5
6 ESTABLISHING A PROCESS FOR INFORMATION TO BE DISCLOSED TO THE
7 DIVISION OF EMERGENCY MANAGEMENT, THE COUNTY EXECUTIVE, THE COUNTY
8 HEALTH BOARD AND THE PUBLIC DURING A PUBLIC HEALTH EMERGENCY
9
10
11 WHEREAS, in times when a health emergency has been declared, the demands
12 placed on the County Health Officer and Health Department can be severe; and
13
14 WHEREAS, matters related to a public health emergency may involve matters that
15 RCW 42.30.110 states may be conducted in executive session such as:
16
17 (b) To consider the selection of a site or the acquisition of real estate by lease
18 or purchase when public knowledge regarding such consideration would cause
19 a likelihood of increased price;
20
21 (d) To review negotiations on the performance of publicly bid contracts when
22 public knowledge regarding such consideration would cause a likelihood of
23 increased costs;
24
25 (i) To discuss with legal counsel representing the agency matters relating to
26 agency enforcement actions, or to discuss with legal counsel representing the
27 agency litigation or potential litigation to which the agency, the governing
28 body, or a member acting in an official capacity is, or is likely to become, a
29 party, when public knowledge regarding the discussion is likely to result in an
30 adverse legal or financial consequence to the agency...
31
32 (i) Litigation that has been specifically threatened to which the agency,
33 the governing body, or a member acting in an official capacity is, or is
34 likely to become, a party;
35
36 (ii) Litigation that the agency reasonably believes may be commenced
37 by or against the agency, the governing body, or a member acting in
38 an official capacity; or
39
40 (iii) Litigation or legal risks of a proposed action or current practice
41 that the agency has identified when public discussion of the litigation
42 or legal risks is likely to result in an adverse legal or financial
43 consequence to the agency;
44
45 WHEREAS, in a public health emergency, the County emergency management
46 division, County Executive, County Council and the public all need to receive adequate
47 information in a timely fashion so each may make an effective contribution to responding to
48 the emergency; and
49
Page 1
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
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
WHEREAS, in a public health emergency, the County emergency management
division, County Executive, County Council and the public all need to receive
adequate information in a timely fashion so each may make an effective contribution
to responding to the emergency; and
WHEREAS, in time of emergency, uncoordinated and inconsistently applied rules
related to requests for information can place an unreasonable burden on the County
Health Officer and Health Department staff; and
WHEREAS, a common issue that arises in such situations, often at the end of a long
shift when everyone is exhausted, is the question of what information from the day
should be disclosed to whom and how; and
WHEREAS, in such times the County, Code should establish a process to reduce the
burden on the County Health Officer and Health Department staff from having to
make decisions on what information needs to be disclosed, to whom, and the format
to be used, thus returning operational hours better applied to the delivery of services
to the community; and
WHEREAS, the ability for senior staff to point subordinates to a clear policy on this
topic frees up senior staff time to work on more pressing matters (or simply use the
time to rest and recuperate); and
NOW, THEREFORE, BE IT ORDAINED
a new section as detailed in the attached
�Q�s��tE��t�easr
ADOP3't `fhis E 11s �f oof,% April , 2020
` A arm
Dan6. Brown /Da is;-Cle?ksef the Council
APPROV E)1AS't&FO'PM:
r - c
r
Civil Deputy Prosecutor
that the County Code shall be amended to include
Exhibit A.
WHATCOM COUNTY COUNCIL
C"Wy TCOM O TY, ASHINGTON
9
y
B rry uchanan, Council Chair
Page 2
WHATCOM COUNTY EXECUTIVE
WHATCOM COUNTY, WASHINGTON
***
Satpal Singh Sidhu, County Executive
( ) Approved ( ) Denied
Date Signed:
***County Executive Satpal Sidhu declined to sign.
See attached memorandum.
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
33
34
35
36
EXHIBIT A
A. Administrative Director. The duties of the administrative director shall be as outlined in RCW
70.05.045, as well as general management, oversight and administration of the health department.
It is the responsibility of the administrative director to hire departmental staff, except for the health officer,
in accordance with the personnel policies and procedures of the county and any other applicable laws
and regulations.
B. Health Officer. The powers and duties of the health officer shall be as outlined in RCW 70.05.070.
If no administrative director has been appointed, as provided in WCC 24.01.030(A), the health officer,
under the direction of the county executive, shall have the powers and duties as outlined in RCW
70.05.070 and the powers and the duties of the administrative director as outlined in WCC 24.01.040(A).
If an administrative director is appointed in accordance with WCC 24.01.030(A), the health officer shall
have the powers and duties as outlined in RCW 70.05.070 under the direction of the administrative
director.
C. Disclosure of Information. In the event of a public health emergency,. the Health Department shall
promptly and continually:
(i) disclose all information requested by emergency management division, County Executive, or
County Health Board that is required to perform their respective duties effectively.
(ii) provide a brief daily update to the public in a format and level of detail as approved by the
super majority vote of the County Health Board.
D. Nothing herein shall be construed as requiring the Health Department to release confidential health
care information protected by state or federal privacy laws. Such information shall be redacted prior to the
release of documents containing such information.
E. If the requested information involves a matter that can be heard in executive session under RCW
42.30.110 , the Health Officer, Administrative Director, County Executive, County Health Board Chair or
their respective legal counsel may request that the matter be heard in executive session.
Page 3