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2007-380-Ordinance No. 2007-004 Recorded 3/29/2007REVIEWED LEGAL COUNSEL COUNTY OFFICIAL P NANCYUBLANKENSHIP, COUNTY CLERKDS 1►d ~OV1'3YQ COMMISSIONERS' JOURNAL , 2007-380 43/Z9/&00144;&&; Iv PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Chapter 2.04 to Allow the Board of County * ORDINANCE NO. 2007-004 Commissioners to Set the Board Regular Meeting Schedule and Declaring an Emergency WHEREAS, Deschutes County Code ("DCC") 2.04.010 established the regular meeting schedule for the Board of County Commissioners ("Board"), and WHEREAS, DCC 2.04.020 established a schedule for Board afternoon work sessions and depeartment heads meeting, and WHEREAS, because having these schedules in the County Code does not allow for flexibility as needed, the County Code should be amended to allow the Board to set its meeting schedule in any appropriate manner; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. AMENDMENT. Deschutes County Code Chapter 2.04, Board of County Commissioners, is amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in r}k~ough. PAGE 1 of 2- ORDINANCE No. 2007-004 (03/28/07) Section 2. EFFECTIVE DATE. This Ordinance being necessary for the immediate preservation of the public peace, h7ealt~h and safety, an emergency is declared to exist and this Ordinance takes effect on its passage. DATED this L-1 day of M a-A Q kk- , 2007. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Date of I" Reading: day of 2007. Date of 2nd Reading: ZO day of 0-4- C(,,, 2007. Record of Adoption Vote Commissioner Yes No Abstained Excused Dennis R. Luke v Michael M. Daly Tammy Baney l,- Effective Date: day of V YW~G~ , 2007 ATTEST: Recording Secretary PAGE 2 of 2- ORDINANCE No. 2007-004 (03/28/07) Chapter 2.04. BOARD OF COUNTY COMMISSIONERS 2.04.010. Regular meetings. 2.04.020. Wor-li sessions and department head meetings-.Repealed 2.04.030. Special meetings-Authorized when. 2.04.040. Special meetings-Notice. 2.04.050. Chairpeesen. 2.04.055 Executive responsibility-Chain of succession - State of Emergency. 2.04.060. Board signatures. 2.04.010. Regular meetings. A. The Board shall 4is ..~v v~.w .....w aV N1 ..11 V1.11V UbL{A T Beadestablish a regular meeting schedule for the transaction of County business and work sessions at times, dates and locations set by the Board. B. All such meetings shall take place within Deschutes County and shall be subject to the public meetings and public notice requirements of ORS 192 as it currently exists or may from time to time be amended. (Ord. 2007-004 §1, 2007; Ord. 97-062 § 1, 1997; Ord. 86-012 § 1, 1986; Ord. 85-004 § 1, 1985) A. The Bear-El shall et d oft the first, seeend- and rte Ma a l- menth a4 10. 00 a.m. at a leea4iefl te be set by the Bear& B Wednesda d M nd ft h ll b . y an o ay a emevfr, s a e leeeAiea to be set ?-062§1 -19 by the Beafd. O 9 der 02:7 1995 1 ; 7 r ; s- , Qfd. 85 004 § 2, 498 5) Chapter 2.04 Page 1 of 2 Exhibit A to Ordinance 2007-004 2.04.030. Special meetings-Authorized when. The Board may meet at other times and places as may be called by the chairman or two members of the Board. (Ord. 85-004 § 3, 1985) 2.04.040. Special meetings-Notice. eenstmed to een# iet -withNotice for special meetings of the Board shall be in accordance with ORS Chapter 192.6 10 to 192.690 r-elating te (Ord. 2007-004 § 1, 2007; Ord. 85-004 § 4, 1985) 2.04.050. ChairpeFsen. At the first meeting in January of each year, the Board shall appoint a chairpeFseH and vice-chair. If two commissioners are unable to agree upon a chairpefsen, then the commissioner with the longest length of service will act as chairpefsen. ehair-per-s enIf two commissioners are unable to agree upon a vice-chair, then the commissioner with the second longest length of service will act as vice-chair. (Ord. 2007-004 §1, 2007; Ord. 97-047 § 1, 1997) 2.04.055. Executive responsibility-Chain of succession - State of Emergency. A. The Chair of the Board of County Commissioners is the chief executive local authority for the unincorporated area of the county and is principally responsible for assuming centralized control over all county departments, divisions and offices once the Board declares a state of emergency. If circumstances prohibit the timely action of the Board of County Commissioners, the Chair of the Board of County Commissioners may declare such a state of emergency, provided the Chair seeks and obtains approval from a majority of the Board at the (4W23/2007-3) first available opportunity. A state of emergency exists whenever the unincorporated area of the county or any part thereof is suffering or is in imminent danger of suffering an event that may cause injury or death to persons, or damage to, or destruction of property to the extent that extraordinary measures must be taken to protect the public health, safety and welfare. Such an event shall include, but not be limited to the following: 1. A civil disturbance or riot; 2. A disaster such as flood, windstorm, snow or ice storm, earthquake, volcanic eruption or related activity, fire, explosion or epidemic; 3. The declaration of a war-caused national emergency; 4. Any major disruption of community services such as transportation, power supply, water supply, sanitation or communications; and/or 5. A health hazard, whether natural or manmade. The Chair of the Board of County Commissioners is also responsible for performing the Board of County Commissioner's duties to declare a state of emergency, designate emergency area(s), and/or impose regulations when the Board of County Commissioners is unable or unavailable to perform such duties. B. In the event that the Chair of the Board of County Commissioners is unable or unavailable to perform his/her duties under this section, the duties shall be performed by: 1. The vice chair of the Board of County Commissioners; or, 2. If the vice chair of the Board of County Commissioners is unable or unavailable to perform, the third member of the Board of County Commissioners; or 3. If no member of the Board of County Commissioners is able or available to perform, then the Sheriff of Deschutes County; or Chapter 2.04 Page 2 of 2 Exhibit A to Ordinance 2007-004 4. If no member of the Board of County Commissioners is able or available to perform, and the Sheriff is unable or unavailable to perform, then the Undersheriff; or 5. If no member of the Board of County Commissioners is able or available to perform, and the Sheriff and Undersheriff are unable or unavailable to perform, then the County Administrator. C. The powers of the successor to the Board of County Commissioners or the Chair of the Board shall be limited to those set forth in this section and the duration of succession shall be until such time as the person of higher priority as set out in this section is able and available to perform such duties. (Ord. 2003-037 § 1, 2003) 2.04.060. Board signatures. A. Each document approved by a majority of the board at a public meeting shall be dated and signed by a quorum of the Board, and each ordinance, order and resolution shall be attested to by the Board's recording secretary. B. Any ordinance, order, resolution, contract, plat, deed or other similar document may be signed by the board chair or a designee of the board chair under the following circumstances: 1. The motion approving the document provides for chair signature. 2. Only one board member is physically present at the meeting site and at least one other board member has attended the meeting electronically. 3. The document is a plat, deed, contract, or similar document which was approved by board majority. C. If an ordinance, order or resolution is signed by a single board member, the document shall set forth the vote of each board member in attendance expressed as a yes, no or abstention. The recording secretary shall attest the signature and the vote. (Ord. 98-088 § 1, 1998) (4-0023/20073)