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Whatcom County
Agenda Bill Report
File Number: AB2024-263
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
File ID:
AB2024-263
Version:
1 Status: Adopted
File Created:
04/11/2024
Entered by:
ABurnett@co.whatcom.wa.us
Department:
Health Department
File Type:
Ordinance Requiring a Public Hearing
Assigned to: Council Public Works & Health Committee Final Action: 05/07/2024
Agenda Date: 05/07/2024 Enactment #: ORD 2024-031
Related Files:
Primary Contact Email: aburnett@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance amending Whatcom County Code 2.85, Developmental Disabilities Department
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Ordinance adopting amendments to Whatcom County Code 2.85, Developmental Disabilities
Department, to change the required number of members of the Developmental Disabilities Advisory
Board
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
04/23/2024 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 6 Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Absent: 1 Buchanan
04/23/2024 Council
05/07/2024 Council Public Works & Health
Committee
05/07/2024 Council ADOPTED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
INTRODUCED FOR PUBLIC Council Public Works & Health
HEARING Committee
DISCUSSED
Whatcom County Page 1 Printed on 51812024
Agenda Bill Report Continued (AB2024-263)
Attachments: Proposed Ordinance
Whatcom County Page 2 Printed on 51812024
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SPONSORED BY:
PROPOSED BY: Health
INTRODUCTION DATE:
ORDINANCE NO. 2024-031
AMENDING WHATCOM COUNTY CODE 2.85 REGARDING THE DEVELOPMENTAL
DISABILITIES DEPARTMENT
WHEREAS, to be more consistent with RCW 71A.14.020 which says, "The
[developmental disability] board shall consist of not less than nine nor more than fifteen
members."
WHEREAS, the board has historically struggled to recruit and maintain a
membership larger than 9; and
WHEREAS, existing by-laws were last revised 1/23/2012.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council to amend
WCC 2.85 as shown in Exhibit A of this ordinance.
ADOPTEP,th�is 7th day of May 20 24.
vy"y+
WHATCOM COUNTY COUNCIL
ATTEST: HATCOM COUNTY, WASH NGTON
U�1�m
Dana Brown:-Divi,° I_Prk,� the Council Barey Buc anan, C cil Chair
WHATCOM COUNTY EXECUTIVE
APPROVED AS TO: FORM: WHATCOM COUNTY, WASHINGTON
l.i�%/ �t`�%Q electronically authorized
:'li� April 19, 2024 ez=A�
Civil Deputy Prosecutor '' = Satpal 'Sid u, County Executive
( Approved ( ) Denied
1: `Date Signed:
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Sections:
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2.85.010
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2.85.020
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2.85.030
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2.85.040
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2.85.050
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2.85.060
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2.85.070
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2.85.080
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2.85.090
2.85.100
EXHIBIT A
Chapter 2.85
DEVELOPMENTAL DISABILITIES DEPARTMENT
Department established.
Coordinator appointment.
Repealed.
Developmental disabilities advisory board.
Services.
Cooperation with other entities.
Open meetings act.
Contracts.
Fund establishment.
Severability.
2.85.010 Department established.
Developmental disabilities shall be referred to as a part of the county health department
known as Whatcom County Health and Community Services. (Ord. 96-061 Exh. A; Ord. 90-
61 (part)).
2.85.020 Coordinator appointment.
The director of Health and Community Services shall appoint the developmental disabilities
coordinator, in accordance with the provisions of Chapters 71A.12 and 71A.14 RCW. (Ord.
96-061 Exh. A; Ord. 90-61 (part)).
2.85.030 Department staff.
Repealed by Ord. 96-061. (Ord. 90-61 (part)).
2.85.040 Developmental disabilities advisory board.
A. The Whatcom County developmental disabilities advisory board, hereinafter referred to
as the "developmental disabilities board," is created and shall serve in an advisory capacity
to Health and Community Services on all issues related to the county developmental
disabilities program and in accordance with Chapters 71A.12 and 71A.14 RCW.
B. The developmental disabilities board shall consist of 9 members who are residents of
Whatcom County. Members shall be appointed by the county executive subject to
confirmation by the majority of the county council and shall include but not be limited to
representatives of public, private, or voluntary agencies, representatives of local
governmental units, and citizens knowledgeable about developmental disabilities or
interested in services to persons with developmental disabilities in the community. One
member shall be appointed by the county council. The term of office for the members
appointed by the executive shall be for three years. The term of office for the member
Page 2
I appointed by the county council shall be for one year, from the time of the council's
2 reorganization meeting to the next such meeting the following year.
3
4 2.85.050 Services.
5 The department, with the advice of the board, shall prepare, solicit and evaluate proposals
6 from potential service providers to provide developmental disabilities services within the
7 county. Following the evaluation of such proposals, the department shall file a
8 recommendation with the county executive for action in accordance with state and county
9 regulations. (Ord. 90-61 (part)).
10
11 2.85.060 Cooperation with other entities.
12 Subject to the administrative and legislative control of the county executive and the county
13 council, the department may cooperate and enter into contracts with, and receive moneys
14 from, public and private entities to carry out services set forth in this chapter. (Ord. 90-61
15 (part)).
16
17 2.85.070 Open meetings act.
18 The developmental disabilities board meetings shall be subject to the Open Meetings Act,
19 Chapter 42.30 RCW et seq. (Ord. 90-61 (part)).
20
21 2.85.080 Contracts.
22 All contracts, agreements, rights, claims and obligations, either in favor of or against the
23 Whatcom County department of developmental disabilities at the time the ordinance
24 codified in this chapter takes effect, shall continue in full force and effect, and responsibility
25 therefor shall be transferred to the Whatcom County department of developmental
26 disabilities. (Ord. 90-61 (part)).
27
28 2.85.090 Fund establishment.
29 The developmental disabilities fund is hereby established as a special revenue fund. The
30 fund shall be used exclusively for the financing of developmental disabilities services
31 provided for herein. (Ord. 90-61 (part)).
32
33 2.85.100 Severability.
34 It is understood and agreed to by the parties hereto that if any part of this agreement is
35 illegal, the validity of the remaining provisions shall not be affected and the rights and
36 obligations of the parties shall be construed as if the agreement did not contain the
37 particular illegal part. If it should appear that any provision hereof is in conflict with any
38 statutory provision of the state of Washington, said provision shall be deemed inoperative
39 and null and void insofar as they may be in conflict therewith, and shall be modified to
40 conform to such statutory provision. (Ord. 90-61 (part)).
41
42
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2 EXHIBIT A
4
5 Chapter 2.85
6 DEVELOPMENTAL DISABILITIES DEPARTMENT
7
8
9 Sections:
10 2.85.010 Department established.
11 2.85.020 Coordinator appointment.
12 2.85.030 Repealed.
13 2.85.040 Developmental disabilities advisory board.
14 2.85.050 Services.
15 2.85.060 Cooperation with other entities.
16 2.85.070 Open meetings act.
17 2.85.080 Contracts.
18 2.85.090 Fund establishment.
19 2.85.100 Severability.
20
21 2.85.010 Department established.
22
23 ,
24
25 feF the ef this ehapteF. Developmental disabilities shall heFeina€tom,= be
26 referred to as a part of the county health department known as Whatcom County Health'
27 and Community Services. (Ord. 96-061 Exh. A; Ord. 90-61 (part)).
28
29 2.85.020 Coordinator appointment.
30 The director of the health ElepaFtffieFqt Health and Community Services shall appoint the
31 developmental disabilities coordinator, in accordance with the provisions of Chapters 71A.12
32 and 71A.14 RCW. (Ord. 96-061 Exh. A; Ord. 90-61 (part)).
33
34 2.85.030 Department staff.
35 Repealed by Ord. 96-061. (Ord. 90-61 (part)).
36
37 2.85.040 Developmental disabilities advisory board.
38 A. The Whatcom County developmental disabilities advisory board, hereinafter referred to
39 as the "developmental disabilities board," is created and shall serve in an advisory capacity
40 to the depaFtffient ef Elevelepffiental ElisabiHties seFV Health and Community Services on
41 all issues related to the county developmental disabilities program and in accordance with
42 Chapters 71A.12 and 71A.14 RCW.
43
44 B. The developmental disabilities board shall consist of -1-5 9 members who are residents of
45 Whatcom County. Members shall be appointed by the county executive subject to
46 confirmation by the majority of the county council and shall include but not be limited to
47 representatives of public, private, or voluntary agencies, representatives of local
48 governmental units, and citizens knowledgeable about developmental disabilities or
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interested in services to persons with developmental disabilities in the community. One
member shall be appointed by the county council. The term of office for the members
appointed by the executive shall be for three years. The term of office for the member
appointed by the county council shall be for one year, from the time of the council's
reorganization meeting to the next such meeting the following year.
2.85.050 Services.
The department, with the advice of the board, shall prepare, solicit and evaluate proposals
from potential service providers to provide developmental disabilities services within the
county. Following the evaluation of such proposals, the department shall file a
recommendation with the county executive for action in accordance with state and county
regulations. (Ord. 90-61 (part)).
2.85.060 Cooperation with other entities.
Subject to the administrative and legislative control of the county executive and the county
council, the department may cooperate and enter into contracts with, and receive moneys
from, public and private entities to carry out services set forth in this chapter. (Ord. 90-61
(part)).
2.85.070 Open meetings act.
The developmental disabilities board meetings shall be subject to the Open Meetings Act,
Chapter 42.30 RCW et seq. (Ord. 90-61 (part)).
2.85.080 Contracts.
All contracts, agreements, rights, claims and obligations, either in favor of or against the
Whatcom County department of developmental disabilities at the time the ordinance
codified in this chapter takes effect, shall continue in full force and effect, and responsibility
therefor shall be transferred to the Whatcom County department of developmental
disabilities. (Ord. 90-61 (part)).
2.85.090 Fund establishment.
The developmental disabilities fund is hereby established as a special revenue fund. The
fund shall be used exclusively for the financing of developmental disabilities services
provided for herein. (Ord. 90-61 (part)).
2.85.100 Severability.
It is understood and agreed to by the parties hereto that if any part of this agreement is
illegal, the validity of the remaining provisions shall not be affected and the rights and
obligations of the parties shall be construed as if the agreement did not contain the
particular illegal part. If it should appear that any provision hereof is in conflict with any
statutory provision of the state of Washington, said provision shall be deemed inoperative
and null and void insofar as they may be in conflict therewith, and shall be modified to
conform to such statutory provision. (Ord. 90-61 (part)).
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