Chapter 2.104
EMERGENCY MANAGEMENT*

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 director.

2.104.090    Powers and duties of director.

2.104.100    Budget.

2.104.110    Funding.

2.104.120    Fund established.

2.104.130    Emergency proclamation.

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.

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

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)    “Director” means the director of the department of emergency management or his or her designee.

(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 department of emergency management (DEM), which is responsible for performing local emergency management functions in 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, technological or human caused; and provide support for search 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, technological or human-caused disaster, including instances involving searches for downed aircraft when ground personnel are used.

(Ord. 454 (2010) § 1, 2010: Ord. 109-B (1986) § 1, 1998: Ord. 109 (1986) § 1, 1986)

2.104.020 Organization established.

The Kitsap County department of emergency management is established. This organization is the successor to the emergency management organization of Kitsap County. The department of emergency management shall be a Kitsap County department that is jointly administered and funded by the county and the cities pursuant to an interlocal agreement.

(Ord. 454 (2010) § 2, 2010: Ord. 109 (1986) § 2, 1986)

2.104.030 Duties of emergency organization.

The department of emergency management shall provide emergency management services and programs to the residents of, and on behalf of, the county and cities. In addition the department of emergency management, pursuant to RCW 38.52.070, is designated as the local emergency management organization for the county and cities and is vested with emergency management power and authority to the maximum extent permitted by Chapter 38.52 RCW.

(Ord. 454 (2010) § 3, 2010: Ord. 109 (1986) § 3, 1986)

2.104.040 Council established.

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

(Ord. 454 (2010) § 4, 2010: Ord. 109 (1986) § 4, 1986)

2.104.050 Control by council.

Direction, control, and oversight of the department of emergency management are vested in the council unless otherwise specified in this chapter.

(Ord. 454 (2010) § 5, 2010: Ord. 109 (1986) § 5, 1986)

2.104.060 Composition of council.

The council shall be composed of nine persons as follows:

(1)    The three county commissioners;

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

(3)    The mayors of Bainbridge Island, Port Orchard and Poulsbo;

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

(Ord. 454 (2010) § 6, 2010: 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 that come before the council shall be transacted at open, public meetings. Meetings may be scheduled at regular times or may be called as special meetings on an as-needed basis. Meetings may be called by the council’s chairperson, the 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 unless otherwise provided by this chapter.

(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 position shall serve for the balance of the calendar year or until successors are elected, whichever is later.

(e)    Minutes. The director, or designee, 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.

(g)    Notice. Prior to conducting and holding special meetings, each member of the council shall be given forty-eight hours’ advance notice of the meeting and public notice shall be provided as required by state law.

(Ord. 454 (2010) § 7, 2010: Ord. 109-B (1998) § 3, 1998: Ord. 109 (1986) § 7, 1986)

2.104.080 Appointment of director.

A director shall be appointed to organize, administer and manage the operations of the department on a day-to-day basis. The council shall, by majority vote, select a director.

(Ord. 454 (2010) § 8, 2010: Ord. 109-B (1998) § 4, 1998: Ord. 109 (1986) § 8, 1986)

2.104.090 Powers and duties of director.

The director, or designee, shall:

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

(2)    Make recommendations and reports to the council;

(3)    Represent the department of emergency management on behalf of the council in dealings with public and other outside public or private entities pertaining to emergency management and response to an emergency or disaster;

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

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

(6)    Develop an “all-hazard” comprehensive emergency management plan for the county, including policies and procedures to be utilized during an emergency or disaster;

(7)    Develop an “all-hazard” comprehensive emergency management plan for each city, including policies and procedures to be utilized during an emergency or disaster;

(8)    Conduct studies and surveys of hazards and the resources available to deal with an emergency or disaster;

(9)    Develop mutual aid agreements for reciprocal emergency management aid and assistance;

(10)    When an emergency or disaster demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, the director may proclaim an emergency or disaster anywhere within unincorporated Kitsap County, and make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such proclamation, and/or rules and regulations must be confirmed at the earliest practicable time by the board of county commissioners;

(11)    In the event of a proclaimed emergency or disaster within unincorporated Kitsap County, obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of the life and property of the people, and bind the county for the fair value thereof, and, if required immediately under a governor’s declaration of emergency, to commandeer the same for public use;

(12)    In the event of a proclaimed emergency or disaster, require emergency services of any county officer or employee, and in the event of a proclamation by the Governor of the existence of a disaster, to command the aid of as many citizens for the community as he/she considers necessary in the execution of his/her duties; such person shall be entitled to all privileges, benefits and immunities as are provided by state law for registered emergency workers;

(13)    In the event of a proclaimed emergency or disaster, execute all of the special powers conferred upon him/her by this chapter, all powers conferred by statute or by agreement approved by the board of county commissioners, or by any other lawful authority;

(14)    In the event of a proclaimed emergency or disaster, requisition necessary personnel or material of any county department or agency.

(Ord. 454 (2010) § 9, 2010: Ord. 109-B (1998) § 5, 1998: Ord. 109 (1986) § 9, 1986)

2.104.100 Budget.

Prior to July 31st of each calendar year, the director, or designee, shall submit a proposed biennium budget to the council for its consideration and approval. The approved budget shall then be submitted to the board of county commissioners for inclusion into the county’s biennium budget.

(Ord. 454 (2010) § 10, 2010: Ord. 109-B (1998) § 6, 1998: Ord. 109 (1986) § 10, 1986)

2.104.110 Funding.

The budget for the department of emergency management that is 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 based upon a per capita charge. In calculating the per capita charge, the population of each city (numerator) is divided by the total population of the county (denominator) and that percentage is then multiplied by the total amount required for the following year’s budget that does not include grant funding. 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 that does not include grant funding. Population figures utilized shall be the latest figures available from the Bureau of Census as updated periodically by the Washington State Office of Financial Management (OFM). Assessments shall be paid on an annual basis.

(Ord. 454 (2010) § 11, 2010: Ord. 109 (1986) § 11, 1986)

2.104.120 Fund established.

Moneys received and collected on behalf of the department of emergency management shall be deposited in a fund known as the Kitsap County department of emergency management fund and maintained by the county treasurer.

Department of emergency management expenditures shall be paid from this fund.

(Ord. 454 (2010) § 12, 2010: Ord. 109 (1986) § 12, 1986)

2.104.130 Emergency proclamation.

(a)    Proclamation. If circumstances warrant, the board of county commissioners may proclaim the existence of a local emergency or disaster occurring anywhere within unincorporated Kitsap County; provided, if the circumstances are exigent, the director, or designee, may proclaim the existence of a local emergency or disaster anywhere within unincorporated Kitsap County if there is not sufficient time for the board of county commissioners to meet in person or by telephone; provided further, if a proclamation of a local emergency or disaster is proclaimed by the director or designee, the board of county commissioners shall meet as soon as possible thereafter to affirm or rescind the proclamation. If circumstances warrant, a mayor, or designee, may proclaim the existence of a local emergency occurring anywhere within that city’s jurisdictional boundaries.

(b)    Abatement. When a proclaimed emergency or disaster has sufficiently abated, the board of county commissioners and/or the mayor, or designees, depending upon which jurisdiction proclaimed the existence of a local emergency, shall proclaim an end to the emergency or disaster.

(c)    Use of Government Resources. If an emergency or disaster has been proclaimed, the department of emergency management may utilize the services, equipment, supplies and facilities of the state and all other governmental entities organized pursuant to state law.

(d)    Impressment of Citizens. If an emergency or disaster has been proclaimed by the governor, the department of emergency management may commandeer the service and equipment of citizens.

(e)    Rules and Regulations. If an emergency or disaster has been proclaimed, the council, or designee, may make such rules and regulations necessary for the protection of life and property.

(Ord. 454 (2010) § 13, 2010: 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 the department of emergency management shall be composed of those individuals as would a compensation board for a county pursuant to RCW 38.52.210(1).

(Ord. 454 (2010) § 14, 2010: Ord. 109 (1986) § 16, 1986)

2.104.170 Duties of county.

The county shall:

(1)    Establish the salaries of the director and other salaried staff of the department of emergency management;

(2)    Treat the director and the salaried staff of the department of emergency management as county employees with respect to such matters as auditing, accounting, fringe benefits, risk management, personnel policies and any other county ordinances or policies applicable to Kitsap County personnel;

(3)    Represent and act on the council’s behalf in entering into contracts and interlocal agreements and accepting grant funds.

(Ord. 454 (2010) § 15, 2010: 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 31st of the year such notice was given. Upon receipt of a notice of withdrawal, the remaining participants shall meet as soon as possible thereafter, to determine whether there need to be adjustments to the joint program necessitated by such withdrawal.

(Ord. 454 (2010) § 16, 2010: Ord. 109-B (1998) § 9, 1998: Ord. 109 (1986) § 22, 1986)