Chapter 2.104
EMERGENCY MANAGEMENT*

*    Editor’s Note: See also Ch. 2.04, “Emergency Powers.”

Sections:

2.104.010    Definitions.

2.104.020    Organization established.

2.104.030    Duties of emergency organization.

2.104.040    Council established.

2.104.050    Control by council.

2.104.060    Composition of council.

2.104.070    Conduct of business by council.

2.104.080    Appointment of local director.

2.104.090    Powers and duties of local director.

2.104.100    Budget.

2.104.110    Funding.

2.104.120    Fund established.

2.104.130    Emergency declaration.

2.104.140    Compensation for emergency workers.

2.104.150    Liability.

2.104.160    Compensation board.

2.104.170    Duties of county.

2.104.180    Penalty.

2.104.190    Construction.

2.104.210    Withdrawal.

2.104.010 Definitions.

The following terms are defined as follows:

(1)    “Cities” means the cities of Bremerton, Port Orchard, Poulsbo and Bainbridge Island.

(2)    “Council” means the emergency management council of Kitsap County.

(3)    “County” means Kitsap County.

(4)    “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; (B) reaches such a catastrophic dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010.

(5)    “Emergency organization” means the division of emergency management (DEM) within the Kitsap County central communications department (CENCOM) and which is responsible for performing local emergency management functions in Kitsap County.

(6)    “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 caused by all hazards, whether natural, technological or human caused and to provide support for search and rescue operations for persons and property in distress.

(7)    “Local director” means the director of CENCOM or, if so designated by the director, the assistant director in charge of the emergency organization for Kitsap County.

(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, technological or human-caused disaster, including instances involving searches for downed aircraft when ground personnel are used.

(Ord. 109-B (1986) § 1, 1998: Ord. 109 (1986) § 1, 1986)

2.104.020 Organization established.

The emergency management organization of Kitsap County is established. This organization is the successor to the Kitsap County department of emergency management.

(Ord. 109 (1986) § 2, 1986)

2.104.030 Duties of emergency organization.

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 the 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. 109 (1986) § 3, 1986)

2.104.040 Council established.

The emergency management council of Kitsap County is established.

(Ord. 109 (1986) § 4, 1986)

2.104.050 Control by council.

The control, direction and management of the emergency organization are vested in the council.

(Ord. 109 (1986) § 5, 1986)

2.104.060 Composition of council.

The council shall be composed of ten persons as follows:

(1)    The three county commissioners;

(2)    The mayor, city council president and an at-large council member of Bremerton;

(3)    The mayors of Port Orchard and Poulsbo;

(4)    The mayor of Bainbridge Island and one at-large council member.

If one of the foregoing is unable to attend a meeting of the council, he or she may designate a substitute who shall be empowered to vote and participate in the conduct of business by the council.

(Ord. 109-B (1998) § 2, 1998: Ord. 109 (1986) § 6, 1986)

2.104.070 Conduct of business by council.

(a)    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 chairperson or vice chairperson or by the director.

(b)    Quorum. Five members of the council shall constitute a quorum and business may be transacted by majority vote.

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

(d)    Election. At the first meeting of each calendar year the council shall elect one of its number chairperson and another vice chairperson. Each shall serve for the balance of the calendar year or until successors are acted, whichever is later.

(e)    Minutes. The local director or someone designated by him or her shall keep the minutes of all meetings.

(f)    Rules. Council meetings shall be conducted in accordance with Robert’s Rules of Order unless otherwise stated in bylaws.

(Ord. 109-B (1998) § 3, 1998: Ord. 109 (1986) § 7, 1986)

2.104.080 Appointment of local director.

The council shall appoint a local director who shall organize, administrate and operate the emergency organization on a day-to-day basis. The local director shall serve at the pleasure of the council.

(Ord. 109-B (1998) § 4, 1998: Ord. 109 (1986) § 8, 1986)

2.104.090 Powers and duties of local director.

The local 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 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. 109-B (1998) § 5, 1998: Ord. 109 (1986) § 9, 1986)

2.104.100 Budget.

(a)    Submittal. Prior to September thirtieth of each calendar year the local director shall submit a proposed budget to the council for its recommendation. Thereafter the proposed budget, together with the recommendation of the council, shall be submitted to the county.

(b)    Adoption. The county shall adopt a budget each calendar year.

(Ord. 109-B (1998) § 6, 1998: Ord. 109 (1986) § 10, 1986)

2.104.110 Funding.

The annual budget amount of the 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 as updated periodically by the state Department of Health or other official source.

(Ord. 109 (1986) § 11, 1986)

2.104.120 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 treasurer. Expenditures by the emergency organization shall be made from this fund.

(Ord. 109 (1986) § 12, 1986)

2.104.130 Emergency declaration.

(a)    Declaration. If the circumstances warrant, the council may declare the existence of an emergency or disaster; provided, if the circumstances are sufficiently exigent, the local 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 local director, the council shall meet with all dispatch to affirm or rescind the declaration.

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

(c)    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.

(d)    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.

(e)    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. 109-B (1998) § 7, 1998: Ord. 109 (1986) § 13, 1986)

2.104.140 Compensation for emergency workers.

Emergency workers or their dependents shall be compensated for injuries or death as provided in Chapter 38.52 RCW and Title 118 WAC.

(Ord. 109 (1986) § 14, 1986)

2.104.150 Liability.

Liability for emergency management operations shall be as limited by Chapter 38.52 RCW.

(Ord. 109 (1986) § 15, 1986)

2.104.160 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 Section 38.52.210(1).

(Ord. 109 (1986) § 16, 1986)

2.104.170 Duties of county.

The county shall:

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

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

(3)    Treat the local director and salaried staff of the emergency organization as a county division under CENCOM, insofar as possible, with respect to such matters as auditing, accounting, fringe benefits and personnel policies.

(Ord. 109-B (1998) § 8, 1998: Ord. 109 (1986) § 17, 1986)

2.104.180 Penalty.

Any person, firm or corporation knowingly violating any rule or regulation promulgated pursuant to subsection (e) of Section 2.104.130 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 two hundred fifty dollars or imprisonment for more than ninety days, or both such fine and imprisonment.

(Ord. 109 (1986) § 18, 1986)

2.104.190 Construction.

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. 109 (1986) § 19, 1986)

2.104.210 Withdrawal.

Any of the five participants of this joint emergency management program may withdraw from it by giving written notice of such to each of the other jurisdictional participants (the county and four cities) no later than one hundred twenty days prior to the end of a calendar year; provided, 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 thirty-first 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. 109-B (1998) § 9, 1998: Ord. 109 (1986) § 22, 1986)