In anticipation of damage from the Pacific storms moving into Western Washington, the Mason County Commission unanimously passed a resolution during a special meeting Friday (with Commissioner Tim Sheldon attending by phone) declaring an emergency and authorizing departments to “enter into contracts and incur obligations necessary to combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster…”
The resolution also suspends “time-consuming procedures and formalities prescribed by law” including budget law limitations, requirements of competitive bidding and publication of notices, the employment of temporary workers, the rental of equipment and the purchase of supplies and materials.
Here is the resolution’s language adopted by the Commissioners:
whereas, the Division of Emergency Management has reported to the Board of County Commissioners, as to conditions beginning on October 14, 2016, created by Strong Pacific Storms in Mason County; and,
whereas, extensive injury has or will, likely occur to persons and/or there is the potential for considerable damage to property; and,
whereas, there is a present emergency which necessitates activation of the Mason County Comprehensive Emergency Management Plan (CEMP) and utilization of emergency powers granted pursuant to rcw 36.40.180 and rcw 38.52.070(2); now, therefore be it resolved:
Section 1. It is hereby declared by the Board of Mason County Commissioners that, in accordance with the terms and conditions of RCW 36.40.180, there is an emergency due to the above stated conditions in Mason County; therefore, designated departments are authorized to enter into contracts and incur obligations necessary to combat such disaster, protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster; and,
Section 2. Each designated department is authorized, in accordance with the terms and conditions of RCW 38.52.070(2), to exercise the powers vested under Section 1 of this resolution in the light of the exigencies of an extreme emergency situation without regard to time-consuming procedures and formalities prescribed by law, (excepting mandatory constitutional requirements), including but not limited to:
- budget law limitations
- requirements of competitive bidding and publication of notices
- provisions pertaining to the performance of public work
- entering into contracts
- the incurring of obligations
- the employment of temporary workers
- the rental of equipment
- the purchase of supplies and materials
- the appropriation and expenditures of public funds
SECTION 3. Not withstanding the authorizations set forth in Section 1 of this resolution, designated departments shall endeavor to secure the most competitive price available for goods and services.
SECTION 4. Such authorization shall include unannounced entry and access onto and about private property, where such entry and access shall not violate those constitutional privacy and property rights under an emergency declaration.
SECTION 5. The emergency authority granted under this resolution shall expire fourteen (14) days from the date of the adoption of this resolution unless specifically authorized by the Board.