NOTICE
EMERGENCY ORDINANCE ADOPTED
TO: CITIZENS OF THE CITY OF FAIRMONT
The Council for the City of Fairmont at a special meeting held April 21, 2020, introduced, publicly read and adopted the following Emergency Ordinance:
EMERGENCY ORDINANCE NO. 1850
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT SUSPENDING COUNCIL’S RULES OF ORDER AND PROCEDURE TO THE EXTENT NECESSARY TO PERMIT COUNCIL TO MEET TELEPHONICALLY OR VIA A LIVE AUDIO OR VISUAL STREAM PLATFORM FOR REGULAR OR SPECIAL OR EMERGENCY MEETINGS; ALL OPEN MEETING ACT REQUIREMENTS PRESERVED
WHEREAS, on March 16, 2020, by Executive Order the Governor of the State of West Virginia declared an emergency to exist in this State as a result of the coronavirus pandemic, which declaration has been supplemented by certain subsequent Executive Orders which have closed or otherwise limited occupancy of businesses and establishments, imposed social distancing restrictions, closed universities, colleges and schools, and imposed a stay at home order, all of which are necessary to protect the health, safety, and welfare of the public, and to disrupt the spread of the virus and to mitigate the impact of Covid-19.
WHEREAS, said pandemic has created a public emergency in the City of Fairmont affecting life, property, and the public peace.
WHEREAS, the Section 2.11 Procedure of the Charter for the City of Fairmont provides that Council shall meet regularly “as the Council may prescribe by rule,” or in special or emergency session on the call of the Mayor or five or more of its members.”
WHEREAS, Rule 1, Rule 2, Rule 3, and Rule 4 of Council’s Rules of Order and Procedure dictate the procedure for all meetings of Council, whether regular or special or emergency meetings.
WHEREAS, in order to comply with the Governor’s Executive Orders and directives and to meet the public emergency existing in this State and City, the Council for the City of Fairmont deems it necessary to suspend such of council’s aforementioned Rules of Order and Procedure which provide for the ceremonial portions of any such meeting and which are an impediment to Council meeting in regular or special or emergency session telephonically or via a live audio or visual stream platform.
WHEREAS, this ordinance is deemed an emergency ordinance pursuant to the provisions of Section 2.14 of the Charter for the City of Fairmont and West Virginia Code §8-11-4.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FOR THE CITY OF FAIRMONT THAT:
SECTION 1. Finding of Emergency: Council hereby finds that the coronavirus pandemic, and resulting Covid-19, have caused a public emergency affecting life, property, and the public peace, which emergency will continue to exist until such time as the spread of the virus has been disrupted and the impacts of Covid-19 have been mitigated.
SECTION 2. Suspension of Council’s Rules of Order and Procedure: In order to fully meet said emergency Council’s Rules of Order and Procedure are hereby suspended to the extent that such rules require Council to conduct the ceremonial portion(s) of any such meeting and/or stand as an impediment to Council meeting in regular or special or emergency session telephonically or via a live audio or visual stream platform.
SECTION 3. Limitation: (a) Nothing herein shall be construed to limit application of the provisions of the Open Meetings Act, West Virginia Code §6-9A-1 et seq., to any meeting of Council, and all public notice requirements required by the Act shall be satisfied and public access to any such meeting, whether conducted telephonically or via a live audio or visual stream platform, shall be preserved.
(b) All public notices of any meeting of council, whether regular or special or emergency, to be conducted telephonically or via a live audio or visual stream platform shall contain all necessary instructions to permit public access via electronic means, whether PC, MAC, mobile device or telephonically.
SECTION 4: Effective date: This Emergency Ordinance shall become effective upon adoption and shall automatically stand repealed as of the 61st day following said date; provided however, it may be re-enacted in the manner specified in Section 2.14 Emergency Ordinance of the City Charter, if the emergency still exists.
This EMERGENCY ORDINANCE adopted this this 21st day of April, 2020.
Brad Merrifield
Mayor
ATTEST: Janet L. Keller
City Clerk
Copies of the proposed Ordinance are available in the City Clerk’s Office, Room 312, 200 Jackson Street, Fairmont, WV.
The purpose of the adoption of the Emergency Ordinance is necessary in order to comply with the Governor’s Executive Orders and directives and to meet the public emergency existing in this State and City, the Council for the City of Fairmont deems it necessary to suspend such of Council’s aforementioned Rules of Order and Procedure which provide for the ceremonial portions of any such meeting and which are an impediment to Council meeting in regular or special or emergency session telephonically or via a live audio or visual stream platform. By this proposed Emergency Ordinance, Council hereby finds that the coronavirus pandemic, and resulting Covid-19, have caused a public emergency affecting live, property, and the public peace, which emergency will continue to exist until such time as the spread of the virus has been disrupted and the impacts of Covid-19 have been mitigated. All public notices of any meeting of Council, whether regular or special or emergency, to be conducted telephonically or via a live audio or visual stream platform shall contain all necessary instructions to permit public access via electronic means, whether PC, MAC, mobile device or telephonically. The proposed Emergency Ordinance is necessary and appropriate in order to protect and preserve life, health and public safety and the City of Fairmont does find that it is appropriate and necessary to take such measures as are necessary to adopt the Emergency Ordinance.
This ordinance shall become effective upon adoption and shall remain effective for a period of 60 days unless re-enacted.
Given under my hand this the
21st day of April, 2020.
Janet L. Keller
City Clerk
Times: April 24, 2020