HomeMy WebLinkAboutHEARING re Adoption of Ordinance Adopting JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: May 6,2024
SUBJECT: Public Hearing on Adoption of an Ordinance Adopting Rules for the Adoption of
Ordinances,Resolutions and Motions in Jefferson County
STATEMENT OF ISSUE:
The Board of County Commissioners held a workshop on March 18, 2024 to discuss a proposed ordinance to
establish rules for county staff governing the adoption of ordinances, resolutions and motions by the Board of
County Commissioners and the Board of Health. Comments were received from the Board of Health and the
Department of Community Development on the proposed ordinance and it was revised accordingly. A
hearing notice was published regarding the revised proposed ordinance and a hearing was started on April 8,
2024. Because of flaws in the initial hearing notice, a new hearing notice was issued by the Board on April
15,2024 for a continued hearing on Monday, May 6, 2024 at 11:00 a.m. in the Board Chambers in the County
Courthouse.
The new hearing notice called for additional written public comment beginning on April 15,2024 and ending on
May 6, 2024 at the end of the Public Hearing, unless extended by the Board of County Commissioners. Public
testimony will be received at the continued hearing on May 6, 2024.
The revised draft ordinance is available for viewing on the County website by clicking on:
www.co.jefferson.wa.us — Services — Laserfiche Web Portal (username and password is: public) — Board of
Commissioners — BOCC Agenda Packets — 2024 Weekly Agenda Items — 05 May 2024 — 050624 —
Hearing/Testimony re: Adoption of Rules for Ordinances and Resolutions.
The revised proposed ordinance made available on the County's website is attached to this Agenda Request.
ANALYSIS:
The proposed ordinance, if adopted, would establish rules for county staff governing the adoption of
ordinances,resolutions and motions. This would help improve consistency, efficiency and transparency
of Jefferson County's government.
FISCAL IMPACT:
This request has no identifiable fiscal impact although efficiency would be improved through the use of a
common set of rules.
RECOMMENDATION:
Approve the attached hearing notice for publication.
REVIEWED •
Mark Mc unty Administra r Date
STATE OF WASHINGTON
COUNTY OF JEFFERSON
An Ordinance Adopting Rules for the
Adoption of Ordinances,Resolutions, and ORDINANCE NO.
Motions in Jefferson County
WHEREAS, the Washington Constitution, Article XI, Section 11, confers upon county
legislative authorities the police power to adopt regulations necessary to protect the health, safety,
and well-being of its residents; and,
WHEREAS,RCW 36.32.120(7)provides that the county legislative authorities shall make
and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as
are not in conflict with state law; and,
WHEREAS, local governments have considerable latitude in exercising police powers
through enacting reasonable regulations. A regulation is reasonable if it promotes public safety,
health, or welfare, and bears a reasonable and substantial relation to accomplishing the purpose
being pursued; and,
WHEREAS, the Board of County Commissioners ("BoCC") and the Board of Health
("BOH") adopt ordinances and resolutions with wide-ranging effects; and,
WHEREAS,unified rules for adoption of ordinances and resolutions of the BoCC and the
BOH would promote efficiency and transparency; and,
WHEREAS, as the legislative body of Jefferson County, the BoCC has the authority to
adopt ordinance rules of procedure governing the introduction, publication, consideration, and
adoption of ordinances and resolutions; and,
NOW, THEREFORE, BE IT ORDAINED as follows:
Section 1. Whereas Clauses are Findings of Fact. The Whereas clauses above are findings of fact
for this ordinance.
Section 2. Purpose. The purpose of these rules is to establish a uniform process for adoption of
ordinances and resolutions in Jefferson County.
Section 3. Use. No authority other than the BoCC, the BOH, or the County Administrator may
enforce these rules. Failure of the BoCC, the BOH or the County Administrator to follow these
rules in a particular instance shall not be considered as a waiver. No notice of waiver of these
rules by the BoCC, the BOH, or the County Administrator need be given.
Section 4. Public Use or Reliance Not Intended. Because these rules are procedural in nature and
are designed to assist in the process of adoption of ordinances and resolutions and not to provide
substantive rules affecting constituents, it is expressly stated that these rules do not constitute land
use regulations, official controls, "appearance of fairness rules," public hearing rules, or other
substantive rules binding upon or to be used by or relied upon by members of the public. These
rules do not amend statutory or other regulatory requirements (including in an ordinance).
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Section 5. Types of County Legislative Actions.
(a) Ordinance. An ordinance is a local law (legislative act) prescribing permanent rules of
general applicability, including new legislation. Action by the BOCC and the BOH shall
be taken by ordinance when required by a Jefferson County ordinance (including one
codified in the Jefferson County Code,"JCC"),the Revised Code of Washington("RCW"),
or the Washington Administrative Code ("WAC"), or where prescribed conduct may be
enforced by penalty. All legislative acts should be made by ordinance. Actions relating to
subjects of a permanent and general character are usually regarded as legislative.
(b) Resolution. A resolution usually is less formal than an ordinance and is a statement of
legislative policy or direction that may concern matters of special or temporary character.
Action by the BoCC or the BOH shall be taken by resolution in those instances where an
expression of legislative policy more formal than a motion is desired. Resolutions may be
adopted without a public hearing, unless a state or local law requires a hearing.
(c) Motion. A motion directs a specific course of action. A motion is less formal, usually
unwritten, and once approved and entered into the record, is the equivalent of a resolution
in those instances where an ordinance or a resolution is not required.
(d) Order. An "order" is used by a legislative body to direct a specific action be taken on
behalf of the county. An order usually is unwritten. Once an order has been complied with,
it no longer has effect.
Section 6. Workshops on Proposed Ordinances and Resolutions. The BoCC or the BoH may
discuss drafts of proposed ordinances and resolutions at a regular or special meeting,following all
the requirements of the Open Public Meetings Act, Chapter 42.30 RCW, and this chapter.
Ordinances or resolutions requiring a hearing shall not be adopted at a workshop, unless proper
and timely notice of a hearing has been given prior to the workshop.
Section 7.Rules for Adoption of Ordinances and Resolutions. The rules for adoption of ordinances
and resolutions are as follows:
(a) One Subject Only. No ordinance or resolution shall contain more than one subject, which
shall be clearly expressed in the title.
(b) Public Hearing Requirement. An ordinance may be adopted only after proper notice and a
public hearing. Notice of the time, place and purpose of any public hearing shall be given
by one publication in a newspaper of general circulation in the county and in the official
gazette, if any, of the county, at least ten days before the hearing. Some state statutes and
local ordinances require a public hearing for ordinances and resolutions. A public hearing
shall be held whenever one is required by State statute or local ordinance. State statutes
that require a public hearing are listed in Appendix A to the Municipal Research and
Services Center of Washington publication Local Ordinances for Washington Cities and
Counties (2016), which can be found at https://mrsc.org/getmedia/44e20d0f-a536-473f-
baac-bd75 043 23 3 3 0/Local-Ordinances-For-Washington-Cities-And-
Counties.pdf?ext=.pdf. For the avoidance of doubt, if the BoCC adopts a Planning
Commission recommendation in full under JCC 18.45.060(3) or JCC 18.45.090(4), a
public hearing by the BoCC is not required since the Planning Commission is required to
conduct a public hearing prior to transmission of its recommendation to the BoCC.
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(c) Codification of Ordinances. All ordinances of the county of a general and permanent
nature shall be incorporated into and become part of the JCC.
(d) Required Format for All Proposed Ordinances and Resolutions.
(i) Each proposed ordinance and resolution shall be in writing in its entirety;
(ii) The Clerk of the Board of County Commissioners shall be responsible for
numbering each ordinance in the format where the consecutive number adopted
each year starting with 01 for the first ordinance adopted, and so on.; then, the
month and date adopted in the following format: 0103 and so on;and,then the year
adopted in the following format: Ordinance No. 01-0103-24;
(iii) The Clerk of the Board of County Commissioners shall be responsible for
numbering each resolution in the same manner as for ordinances in subsection (ii)
(Resolution No. 01-0103-24);
(iv) If an ordinance or resolution is amended either by deleting or adding language or
sections, reference shall be made in the title to the amended ordinance or amended
resolution and the earlier ordinance or resolution's ordinance's number, any
appropriate code section and, if applicable, the ordinance or resolution's common
name (E.g., the Uniform Development Code);
(v) If an ordinance or resolution repeals or replaces an earlier ordinance,reference shall
be made in the title to the repealed or replaced ordinance or resolution and the
earlier ordinance or resolution's ordinance's number, any appropriate code section
and, if applicable, the ordinance's common name;
(vi) Each ordinance shall contain the following enactment clause: `Be it ordained by
the Board of Health [Board of County Commissioners] of Jefferson County, State
of Washington ...;"
(vii) Each resolution shall contain the following enactment clause: `Be it resolved by
the Board of Health [Board of County Commissioners] of Jefferson County, State
of Washington ...;"
(viii) Any definitions shall be in alphabetical order;
(ix) Only gender neutral terms shall be used;
(x) If a violation of the ordinance is to be punished by a fine or imprisonment, the
penalty shall be stated specifically in the ordinance;
(xi) Each proposed ordinance or resolution shall contain the following additional
language:
(A)A statement of facts supporting the ordinance or resolution, sometimes referred
to as "whereas clauses;"
(B)The purpose of the ordinance or resolution;
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(C)The detailed requirements of the ordinance or resolution;
(D)The location in the Jefferson County Code for any ordinance to be codified;
(E)A statement explaining compliance with the State Environmental Policy Act,
Chapter 42.21C RCW or a statement identifying an exemption in WAC 197-
11-800 that applies;
(F) Whether an amended,repealed or replaced ordinance or resolution shall remain
in force and effect until the effective date of the newly enacted ordinance or
resolution;
(G)Whether if any section,subsection,paragraph,sentence,clause,or phrase of the
ordinance is declared unconstitutional or invalid for any reason, such decision
affects the validity of the remaining parts of the ordinance; and,
(H)Whether the effective date is the date of adoption or some other date.
(e) Public Notice Rules for Ordinances or Resolutions that Require a Hearing. A hearing
notice for all proposed ordinances or all resolutions that require a public hearing shall be
prepared and transmitted to the BoCC or the BOH, along with an agenda request at least
14 days before the date of any hearing.
(i) The hearing notice shall contain all of the following:
(A)A description of the nature of the proposal under consideration;
(B)The availability of relevant draft documents and how they may be obtained,
including the location(s) where the draft documents can be viewed either in
person, on the county website, or both;
(C)How the public can provide oral testimony and written comments;
(D)The time, date and location of the hearing; and,
(E)The range of alternatives considered or scope of alternatives available for oral
testimony or public comment.
(ii) The proposed ordinance or resolution described in the hearing notice shall be posted
in the location(s) where it can be viewed, as stated in the hearing notice, at least
three days prior to publication of the hearing notice.
(iii) A hearing notice may be approved for publication by a motion. If such motion
fails, the proposed resolution or ordinance shall be considered lost, unless a
subsequently adopted motion directs that a revised hearing notice be published.
(f) Approval by the Prosecuting Attorney. The county relies on advice from the Prosecuting
Attorney to ensure that all adopted ordinance and resolutions are in a form sufficient to
enforce them and are in compliance with local, state and federal law. Accordingly, all
ordinances and all resolutions that require a public hearing must be in a form approved by
the Prosecuting Attorney or their designee before:
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(i) Before submission to the County Administrator as required by Section 7(g);
(ii) Before posting a hearing notice in the location where a proposed ordinance or
resolution requiring a hearing can be viewed, as required by Section 7(e)(iii); and,
(iii) Before any public hearing by the Planning Commission or before the Planning
Commission submits a recommendation to the Board of County Commissioners.
(g) Rule Requiring Submission to the County Administrator. All proposed resolutions and
ordinances must be submitted to the County Administrator for review in the format
required in Section 7(d) prior to submission to a county legislative authority for
consideration or adoption.
(h) Hearing to Consider Adoption of an Ordinance or Resolution at an Open Public Meeting.
After compliance with subsections (a) through (f), the BoCC or BoH may consider the
ordinance or resolution at a regular or special meeting, following all the requirements of
the Open Public Meetings Act, Chapter 42.30 RCW. The hearing must be held at the time,
date and location stated in the hearing notice.
Section 8. Codification. This ordinance shall be codified as Chapter 2.55 JCC.
Section 9. SEPA Compliance. This ordinance is categorically exempt from the threshold
determination and Environmental Impact Statement requirements of the State Environmental
Policy Act under WAC 197-11-800(19).
Section 10. Effective Date: This ordinance shall take effect immediately upon adoption.
(SIGNATURES FOLLOW ON NEXT PAGE)
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ADOPTED this day of 2024.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
Kate Dean, Chair
Greg Brotherton, Member
ATTEST:
Heidi Eisenhour, Member
APPROVED AS TO FORM:
Carolyn Gallaway, CMC Date Philip C. Hunsucker, Date
Clerk of the Board Chief Civil Deputy Prosecuting Attorney
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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley,County Administrator
DATE: April 15,2024
SUBJECT: Approval of a Public Hearing Notice: An Ordinance Adopting Rules for the
Adoption of Ordinances, Resolutions and Motions in Jefferson County
STATEMENT OF ISSUE:
The Board of County Commissioners held a workshop on March 18, 2024 to discuss a proposed
ordinance. A hearing notice was published by regarding the proposed ordinance and a hearing was
held on April 8, 2024. Because of flaws in the initial hearing notice, a new hearing notice should be
issued by the Board. If the Board approves the publication of the new hearing notice the continued
hearing will take place on Monday, May 6, 2024 at 11:00 am in the Board Chambers in the County
Courthouse.
ANALYSIS:
The proposed ordinance, if adopted, would establish rules for county staff governing the adoption of
ordinances, resolutions and motions. This would help improve consistency, efficiency and
transparency of Jefferson County's government.
FISCAL IMPACT:
This request has no identifiable fiscal impact although efficiency would be improved through the use of a
common set of rules.
RECOMMENDATION:
Approve the attached hearing notice for publication.
RFV'11 ‘1 ll BY:
Mark McCau Administrator'County
Uatc
Please publish 1 times: April 17, 2024
P
Contact Person: Adiel McKnight
Bill to: Jefferson County Commissioners
P.O. Box 1220
Port Townsend, WA 98368
NOTICE OF PUBLIC HEARING
Adopting Rules for the Adoption of Ordinances, Resolutions,and Motions in Jefferson County
NOTICE IS HEREBY GIVEN that a public hearing has been continued by the Jefferson County
Board of Commissioners for MONDAY, May 6, 2024 at 11:00 a.m. in the Commissioners'
Chambers, County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368. Notice of said
continued public hearing is to be published in the official newspaper of Jefferson County.
This continued hearing is to discuss the revised proposed ordinance adopting rules for the adoption
of ordinances, resolutions and motions. Said rules are designed to improve the consistency,
efficiency and transparency of Jefferson County's government and have been revised since the
public hearing held on April 8, 2024.
The revised draft ordinance is available for viewing on the County website by clicking on:
www.co jefterson.wa.us—Services—Laserfiche Web Portal(username and password is: public)—Board of
Commissioners—BOCC Agenda Packets—2024 Weekly Agenda Items—05 May 2024—050624—
Hearing/Testimony re: Adoption of Rules for Ordinances and Resolutions
You are welcome to participate in this hearing. You will need to join the meeting by 11:00 a.m.
using the following methods: VIRTUALLY: Via the following Zoom, link:
https://zoom.us/j/93777841705, PHONE: Dial 1-253-215-8782 and enter access code: 937-7784-
1705#and press *9 to "raise your hand"to be called upon. Access for the hearing impaired can be
accommodated using Washington Relay Service at 1-800-833-6384,or IN-PERSON: In the BOCC
Chambers.
If you experience difficulties joining the meeting or viewing documents please call 360-385-9100 to
report any issues.
In addition, additional written testimony is also invited beginning on April 15, 2024 and ending on May
6, 2024 at the end of the Public Hearing, unless extended by the Board of County Commissioners.
Written public testimony may be submitted by Email to:jeftbocc ccco jetTerson.wa.us You may view
testimony received by clicking here: w„w.cojefferson.wa.us—Services—Laserfiche Web Portal(username
and password is: public—Board of Commissioners—BOCC Agenda Packets—2024 Weekly Agenda Items—
05 May 2024—050624—Hearing/Testimony re: Adoption of Rules for Ordinances and Resolutions
You can also Mail your testimony to: Jefferson County Commissioners' Office: P.O. Box 1220, Port
Townsend, WA 98368. Written testimony must be received by the Board of County Commissioners by
the end of the hearing testimony period.
Signed this 15th day of April, 2024.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
/S/Kate Dean, Chair