Chapter 2.80 EMERGENCY MANAGEMENT ORGANIZATION

(5) “Emergency” or “disaster” means an event or set of circumstances which: (a) 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 (b) reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010.

(6) “Emergency organization” means the emergency management organization of Kitsap County.

(7) “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.

(8) “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. (Ord. 021-16 § 1).

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. (Ord. 021-16 § 1).

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. (Ord. 021-16 § 1).

2.80.040 Emergency management council – Control.

(1) The emergency management council of Kitsap County is established.

(2) The control, direction and management of emergency organization are vested in the council. (Ord. 021-16 § 1).

2.80.050 Emergency management council – Composition.

The council shall be composed of five persons as follows: One county commissioner; the three mayors of Bremerton, Port Orchard and Poulsbo; and one city council member from Bainbridge Island. If one of the members is unable to attend a meeting of the council, they may designate an alternate elected official who shall be empowered to vote and participate in and conduct the business of the council. (Ord. 017-23 § 1 (Exh. A); Ord. 021-16 § 1).

2.80.060 Emergency management council – Conduct of business.

(1) 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 chair or vice-chair or by the director.

(2) Quorum. A quorum shall exist when there are at least two mayors, or their designees, and one commissioner, or their designee, present. Business may be conducted by majority vote of the quorum unless otherwise provided in this agreement.

(3) Bylaws. Bylaws may be passed and amended by the council but shall require a two-thirds favorable vote.

(4) Election. At the first meeting of each calendar year the council shall elect one of its number chair and another vice-chair. Each shall serve for the balance of the calendar year or until successors are elected.

(5) Minutes. The director or someone designated by them shall keep the minutes of all meetings.

(6) Rules. Council meetings shall be conducted in accordance with Robert’s Rules of Order.

(7) Notice. Prior to conducting and holding meetings, each member of the council shall be given 48 hours’ advance notice. (Ord. 017-23 §§ 1, 2 (Exh. A); Ord. 021-16 § 1).

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. (Ord. 021-16 § 1).

2.80.080 Powers and duties of director.

The director shall:

(1) Implement the policies, programs and directives of the council in regard to emergency management;

(2) Make recommendations and reports to the council;

(3) Represent the emergency management program on behalf of the council in dealings with public and private entities;

(4) Organize, appoint and train volunteers and salaried employees needed to assist in the implementation of emergency management;

(5) Coordinate the local emergency management program with state, federal, and other local programs;

(6) Develop an all-hazard emergency plan including procedures to be utilized in emergencies;

(7) Conduct studies and surveys of hazards and the resources available to deal with them;

(8) Develop mutual aid agreements for reciprocal emergency management aid and assistance. (Ord. 021-16 § 1).

2.80.090 Budget.

(1) Submittal. Prior to the expiration of each calendar year the director shall submit a proposed budget to the council.

(2) Adoption. The council shall adopt a budget 90 days prior to the end of the calendar year. (Ord. 021-16 § 1).

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. (Ord. 021-16 § 1).

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. (Ord. 021-16 § 1).

2.80.120 Declaration of emergency or disaster.

(1) 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.

(2) Abatement. When a declared emergency or disaster has sufficiently abated, the council shall declare an end to the emergency or disaster.

(3) 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.

(4) 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.

(5) 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. (Ord. 021-16 § 1).

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. (Ord. 021-16 § 1).

2.80.140 Liability.

Liability for emergency management operations shall be as limited by Chapter 38.52 RCW. (Ord. 021-16 § 1).

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). (Ord. 021-16 § 1).

2.80.160 County duties.

The county shall:

(1) Provide office space and related amenities for the emergency organization;

(2) Recommend the salaries of the director and the salaried staff of the emergency organization;

(3) 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. (Ord. 021-16 § 1).

2.80.170 Violation – Penalty.

Any person, firm or corporation knowingly violating any rule or regulation promulgated pursuant to POMC 2.80.120(5) 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 $250.00 or imprisonment for not more than 90 days, or both such fine and imprisonment. (Ord. 021-16 § 1).

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. (Ord. 021-16 § 1).

2.80.190 Term.

This chapter shall be of perpetual duration unless terminated as provided in POMC 2.80.200. (Ord. 021-16 § 1).

2.80.200 Withdrawal by participants.

Any of the five 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 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. (Ord. 021-16 § 1).

2.80.210 Mayor’s proclamation of emergency.

(1) 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 their 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 this chapter, 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:

(a) 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;

(b) 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;

(c) To incur obligations necessary to combat such emergency situations to protect the health and safety of persons and property;

(d) 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);

(e) Provide appropriate assistance to the victims of such disaster; and

(f) To take any other emergency protective measures deemed appropriate.

(2) 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:

(a) Eliminate or reduce any immediate threat to life, public health, or safety; or

(b) 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.

(3) Upon the conclusion of the event, the mayor or, in their 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. (Ord. 017-23 § 1 (Exh. A); Ord. 021-16 § 1).