2007-548-Ordinance No. 2007-015 Recorded 5/24/2007COUNTY OFFICIAL
NANCYUBLANKENSHIP, COUNTY CLERKDS ~d ~U0~-548
COMMISSIONERS' JOURNAL
REVIEWED 05/14/2007 02;37;48 PM
IIIIIIIIIIIIIIIIIIIIIIIIIIIIII)
2007-548
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Chapter 2.04 to Delegate to the County * ORDINANCE NO. 2007-015
Administrator Centralize Control Over County
Departments, Divisions and Offices in an
Emergency and Declaring an Emergency
WHEREAS, Deschutes County Code ("DCC") 2.04.055(A) provides that, in the event of a declaration
of a state of emergency in the Deschutes County, the Chair of the Board of County Commissioners ("Board") is
the person "principally responsible for assuming centralized control over County departments, divisions and
offices, and
WHEREAS, the County Administrator is the person under DCC 2.05.060(A) designated by the Board
as "hav[ing] control and supervision of all administrative departments, divisions, offices, districts and agencies,"
and
WHEREAS, having the County Administrator be principally responsible for the centralized control over
County departments, divisions and offices in the event of a declared emergency is consistent with the regular
administrative duties and authority the Board delegated to the County Administrator, 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 --striket#re-u-114.
PAGE 1 OF 2- ORDINANCE No. 2007-015 (04/23/07)
Section 2. EFFECTIVE DATE. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist and this Ordinance takes effect on its passage.
DATED this~L day of 32007.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Y(3-~-X'6 -
MICHAEL Mj;~1LY, Chair
DENNIS R. LUKE, C
T
Date of 1" Reading: 0 day of 2007.
Date of 2°d Reading:ZY'day of , 2007.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke
Michael M. Daly
Tammy Baney
Effective Date: day of _ , 2007
ATTEST:
Recording Secretary
PAGE 2 OF 2- ORDINANCE No. 2007-015 (04/23/07)
Chapter 2.04. BOARD OF COUNTY
COMMISSIONERS
2.04.010.
Regular meetings.
2.04.020.
Repealed
2.04.030.
Special meetings-Authorized
when.
2.04.040.
Special meetings-Notice.
2.04.050.
Chair.
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 establish 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)
2.04.030. Special meetings-Authorized
when.
The Board may meet at other times and places as
may be called by the chair or two members of the
Board.
(Ord. 85-004 § 3, 1985)
2.04.040. Special meetings-Notice.
Notice for special meetings of the Board shall be
in accordance with ORS Chapter 192..
(Ord. 2007-004 § 1, 2007; Ord. 85-004 § 4, 1985)
2.04.050. Chair.
At the first meeting in January of each year, the
Board shall appoint a chair and vice-chair. If two
commissioners are unable to agree upon a chair,
then the commissioner with the longest length of
service will act as chair. If two commissioners are
Chapter 2.04 1
Pagel of 2 Exhibit A to Ordinance 2007-015 (04/23/07)
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 Gounb,
GGommissiener-s is tti h leeal
eeunb, -a County Administrator 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
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
(03/2007)
Commissioner's duties to declare a state of B. Any ordinance, order, resolution, contract,
emergency, designate emergency area(s),
plat, deed or other similar document may be
and/or impose regulations when the Board of
signed by the board chair or a designee of the
County Commissioners is unable or
board chair under the following
unavailable to perform such duties.
circumstances:
B. In the event that the Chair of the Board of
1. The motion approving the document
County Commissioners is unable or
provides for chair signature.
unavailable to perform his/her duties under
2. Only one board member is physically
this section, the duties shall be performed by:
present at the meeting site and at least
1. The vice chair of the Board of
one other board member has attended the
County Commissioners; or,
meeting electronically.
2. If the vice chair of the Board of
3. The document is a plat, deed, contract, or
County Commissioners is unable or
similar document which was approved by
unavailable to perform, the third
board majority.
member of the Board of County
C. If an ordinance, order or resolution is signed
Commissioners; or
by a single board member, the document
3. If no member of the Board of County
shall set forth the vote of each board member
Commissioners is able or available to
in attendance expressed as a yes, no or
perform, then the Sheriff of
abstention. The recording secretary shall
Deschutes County; or
attest the signature and the vote.
4. If no member of the Board of County
(Ord. 98-088 § 1, 1998)
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.
Chapter 2.04 2 (03/2007)
Page 2 of 2 Exhibit A to Ordinance 2007-015 (04/23/07)