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Agenda - 02-07-2023; 6-c - Amendment to the Code of Ordinances - Emergency Proclamations
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Agenda - 02-07-2023; 6-c - Amendment to the Code of Ordinances - Emergency Proclamations
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BOCC
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2/7/2023
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Business
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Agenda
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6-c
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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: February 7, 2023 <br /> Action Agenda <br /> Item No. 6-c <br /> SUBJECT: Amendment to the Code of Ordinances — Emergency Proclamations <br /> DEPARTMENT: County Attorney <br /> ATTACHMENT(S): INFORMATION CONTACT: <br /> Draft Ordinance John Roberts, County Attorney, 245- <br /> 2318 <br /> PURPOSE: To present for first reading proposed ordinance amendments to Chapter 14 <br /> (Emergency Management and Emergency Services) of the Code of Ordinances. <br /> BACKGROUND: During the COVID-19 pandemic, the Chair of the Board of Commissioners <br /> issued an emergency proclamation in order to give greater authority to address the pandemic to <br /> the County Manager and County departments. Pursuant to Section 14-39 of the Code of <br /> Ordinances, the emergency proclamation was amended multiple times to address the ongoing <br /> pandemic. Ultimately the emergency proclamation was continued through those amendments <br /> for more than two years. During this time members of the Board of Commissioners expressed <br /> concern with the length of the emergency proclamation and the lack of input from the full Board <br /> of Commissioners. <br /> The attached draft amendment attempts to address this concern, while keeping in place <br /> substantial authority for the Chair, by limiting the time period the Chair may independently <br /> extend emergency proclamations to thirty (30) days and to clarify that amendments to an <br /> emergency proclamation include extensions of the duration. The draft provides that the Board <br /> of Commissioners may vote to extend proclamations beyond this time period if the Board is <br /> presented with sufficient information and data to do so. It has been the Board of <br /> Commissioners' policy that it is necessary for the Chair, or Vice Chair if the Chair is unavailable, <br /> to have substantial authority to declare and amend emergency proclamations for events during <br /> which the Board of Commissioners may be unable to meet or assemble. <br /> The subject chapter of the Code of Ordinances provides for misdemeanor penalties for <br /> violations. For that reason the ordinance is subject to a first and second reading prior to <br /> adoption. <br /> FINANCIAL IMPACT: There is no financial impact associated with this item. <br /> SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated <br /> with this item. <br />
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