HomeMy WebLinkAboutPacket Special Council Apr 9 2020Whatcom County
Council (Special)
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Meeting Agenda
Thursday, April 9, 2020
1PM
Virtual Meeting
VIRTUAL MEETING - SPECIAL COUNCIL
COUNCILMEMBERS
Rud Browne
Barry Buchanan
Tyler Byrd
Todd Donovan
Ben Elenbaas
Carol Frazey
Kathy Kershner
CLERK OF THE COUNCIL
Dana Brown -Davis, C.M.C.
Council (Special) Meeting Agenda April 9, 2020
CALL TO ORDER
ROLL CALL
ANNOUNCEMENT
EXECUTIVE'S REPORT
SPECIAL UPDATES AND DISCUSSION/ACTION ITEMS
AB2020-117 Discussion of strategies related to COVID-19
OTHER ITEMS
AB2020-176 Emergency 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
ADJOURNMENT
Whatcom County Page 2 Printed on 211012025
• Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
• Agenda Bill Master Report
File Number: AB2020-117
File ID: AB2020-117 Version: 1 Status: Discussed
File Created: 02/26/2020 Entered by: DBrown@co.whatcom.wa.us
Department: File Type: Discussion
Assigned to: Council Final Action: 05/05/2020
Agenda Date: 05/05/2020 Enactment #:
Primary Contact Email: DBrown@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Discussion of strategies related to COVID-19
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Discussion of strategies related to COVID-19
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
03/19/2020 Council (Special)
03/26/2020 Council (Special)
03/31/2020 Council (Special)
04/03/2020 Council (Special)
04/07/2020 Council
04/09/2020 Council (Special)
04/21/2020 Council
05/05/2020 Council
Action:
DISCUSSED AND
MOTION(S) APPROVED
DISCUSSED
DISCUSSED
DISCUSSED
DISCUSSED
DISCUSSED AND
MOTION(S) APPROVED
DISCUSSED
DISCUSSED
Attachments: PROPOSAL FOR UPCOMING MEETING DATES AS OF 4.6.2020
Sent To:
Whatcom County Page 1 Printed on 211012025
Agenda Bill Master Report Continued (AB2020-117)
Whatcom County Page 2 Printed on 211012025
PROPOSAL FOR UPCOMING MEETING DATES - NEXT SIXTY DAYS
MEETING DATE
REGULAR COUNCIL
EIGHT -DAY COVID-19
OPERATIONAL PERIOD UPDATE
MEETING
APRIL 7, 2020 (TUESDAY)
X
X
APRIL 15, 2020 (WEDNESDAY)
X
APRIL 21, 2020 (TUESDAY)
X
APRIL 23, 2020 (THURSDAY)
X
MAY 1, 2020 (FRIDAY)
X
MAY 5, 2020 (TUESDAY)
X
MAY 9, 2020 (SATURDAY)
X
MAY 18, 2020 (MONDAY
MEETING TO RECEIVE
SUNDAY MAY 17 REPORT)
X
MAY 19, 2020 (TUESDAY)
X
MAY 26, 2020 (TUESDAY
MEETING TO RECEIVE MAY 25
HOLIDAY REPORT)
X
JUNE 2, 2020 (TUESDAY)
X
X
JUNE 10, 2020 (WEDNESDAY)
X
• Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
• Agenda Bill Master Report
File Number: AB2020-176
File ID: AB2020-176 Version: 1 Status: Withdrawn
File Created: 04/08/2020 Entered by:
Department: File Type: Ordinance
Assigned to: Council Final Action: 04/09/2020
Agenda Date: 04/09/2020 Enactment #:
Primary Contact Email: RBrowne@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Emergency 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:
Emergency 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
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
04/09/2020 Council (Special) WITHDRAWN
Aye: 4 Browne, Buchanan, Donovan, and Frazey
Nay: 3 Byrd, Elenbaas, and Kershner
Attachments: Proposed Emergency Ordinance, Agenda Bill Master Report
Whatcom County Page 1 Printed on 211012025
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PROPOSED BY: BROWNE, DONOVAN, BUCHANAN
INTRODUCTION DATE: April 7, 2020
ORDINANCE NO.
(EMERGENCY 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
WHEREAS, in times when a health emergency has been declared, the
demands placed on the County Health Officer and Health Department can be severe;
and
WHEREAS, matters related to a public health emergency may involve
matters that RCW 42.30.110 states may be conducted in executive session such as:
(b) To consider the selection of a site or the acquisition of real estate by lease
or purchase when public knowledge regarding such consideration would cause
a likelihood of increased price;
(d) To review negotiations on the performance of publicly bid contracts when
public knowledge regarding such consideration would cause a likelihood of
increased costs;
(i) To discuss with legal counsel representing the agency matters relating to
agency enforcement actions, or to discuss with legal counsel representing the
agency litigation or potential litigation to which the agency, the governing
body, or a member acting in an official capacity is, or is likely to become, a
party, when public knowledge regarding the discussion is likely to result in an
adverse legal or financial consequence to the agency...
(i) Litigation that has been specifically threatened to which the agency,
the governing body, or a member acting in an official capacity is, or is
likely to become, a party;
(ii) Litigation that the agency reasonably believes may be commenced
by or against the agency, the governing body, or a member acting in
an official capacity; or
(iii) Litigation or legal risks of a proposed action or current practice
that the agency has identified when public discussion of the litigation
or legal risks is likely to result in an adverse legal or financial
consequence to the agency;
Page 1
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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
WHEREAS, an emergency ordinance necessary for the immediate
preservation of the public peace, health, or safety or support of the County
government and its existing institutions may be passed by a two-thirds vote of the
County Council; and,
WHEREAS, the Council enters the following findings in support of this
emergency ordinance:
1. On March 10, 2020, following Governor Inslee's statewide emergency
proclamation, County Executive Satpal Sidhu proclaimed that an
emergency existed in Whatcom County due to the expanding outbreak of
COVID-19, and that the public was at risk of a massive outbreak if
emergency measures were not taken to reduce that risk;
2. The proposed amendments to WCC 24.01.040 will improve the efficiency
of County operations in response to this ongoing emergency and will
provide the public with vital updates on the state of the emergency;
3. The proposed amendments to WCC 24.01.040 herein must be adopted
immediately in order to preserve the health and safety of the citizens of
Whatcom County,
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NOW, THEREFORE, BE IT RESOLVED, that:
1. The Whatcom County Code shall be amended to include a new section as
detailed in the attached Exhibit A.
2. This ordinance will expire on the sixty-first day following the date on
which it becomes law.
ADOPTED this day of
ATTEST:
Dana Brown -Davis, Clerk of the Council
APPROVED AS TO FORM:
Civil Deputy Prosecutor
2020.
Page 3
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barry Buchanan, Council Chair
WHATCOM COUNTY EXECUTIVE
WHATCOM COUNTY, WASHINGTON
Satpal Singh Sidhu, County Executive
( ) Approved ( ) Denied
Date Signed:
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EXHIBIT A
24.01.040 Powers and duties.
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 Officer, Administrative
Director or their respective designees shall promptly and continually:
(i) disclose all relevant information which, in the opinion of the emergency management division,
County Executive, or County Health Board, 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. During the public health emergency, requests for documents made to the Health Officer or
Administrative Director by the emergency management division, County Executive, or County Health
Board should be limited to existing documents and should avoid the creation of new documents, unless a
person with appropriate skills, acting reasonably has insufficient information to evaluate a expenditure
request.
E. Nothing herein shall be construed as requiring the Health Officer or Administrative Director 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.
F. 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 4
• Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
• Agenda Bill Master Report
File Number: AB2020-176
File ID: AB2020-176 Version: 1 Status: Withdrawn
File Created: 04/08/2020 Entered by:
Department: File Type: Ordinance
Assigned to: Council Final Action: 04/09/2020
Agenda Date: 04/09/2020 Enactment #:
Primary Contact Email: RBrowne@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Emergency 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:
Emergency 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
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
04/09/2020 Council (Special) WITHDRAWN
Aye: 4 Browne, Buchanan, Donovan, and Frazey
Nay: 3 Byrd, Elenbaas, and Kershner
Absent: 0
Attachments: Proposed Emergency Ordinance
Whatcom County Page 1 Printed on 411012020
Agenda Bill Master Report Continued (AB2020-176)
Whatcom County Page 2 Printed on 411012020