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- 1 - EMERGENCY ORDINANCE NO. 20-14 An Emergency Ordinance of the City Council of the City of Whitefish, Montana, providing for remote meetings of the City Council, City Boards and Committees, and waiving a second reading. WHEREAS, on March 11, 2020, the World Health Organization declared a global pandemic due to the spread of Novel Coronavirus "COVID -19"; and WHEREAS, on March 12, 2020, Governor Steve Bullock declared a state of emergency related to COVID-19; and WHEREAS, on March 13, 2020, President Donald Trump declared a national emergency related to COVID-19; and WHEREAS, on March 18, 2020, the Flathead County Board of Commissioners declared a state of emergency related to COVID-19; and WHEREAS, on March 19, 2020, Mayor John Muhlfeld declared a state of emergency related to COVID-19; and WHEREAS, on March 24, 2020, Governor Steve Bullock issued a directive which encouraged local governments to find ways to provide for the right of public participation consistent with social distancing, including virtual participation; and WHEREAS, on March 27, 2020, the Montana Attorney General issued a letter of advice which opined that holding public meetings remotely, with an opportunity for public participation, complies with the guarantees set forth in the Montana Constitution; and WHEREAS, on April 22, 2020, Governor Steve Bullock issued a directive establishing the phased reopening of Montana which provided that his previous directives, including the directive issued March 24, 2020, remain in effect; and WHEREAS, on May 19, 2020, Governor Steve Bullock issued a directive establishing the conditions for Phase II of the reopening of Montana which provided that gatherings of 50 individuals or more should be cancelled if social distancing cannot be maintained, all vulnerable individuals should continue to adhere to stay at home guidance, and further provided that his previous directives, including the directive issued March 24, 2020, remain in effect; and WHEREAS, on July 15, 2020, Governor Steve Bullock issued a directive requiring that face coverings be worn in indoor spaces open to the public in every county with four or more confirmed and active cases of COVID-19; and WHEREAS, since Governor Steve Bullock's July 15, 2020, directive, Flathead County has had more than four confirmed and active cases of COVID-19; and ---PAGE BREAK--- - 2 - WHEREAS, the City Council has held several meetings with numerous attendees, making social distancing very difficult within City Council Chambers; and WHEREAS, the City Council has held several meetings wherein numerous attendees were not wearing face coverings; and WHEREAS, City Board members, Committee members, and citizens have expressed concern about attending City Council meetings due to difficulties associated with social distancing and attendees not wearing face coverings; and WHEREAS, it is anticipated that staff and citizens may be reluctant or unable to attend City Council meetings during flu season; and WHEREAS, the City has the ability, and has in the past, held City Council meetings remotely and allowed the public to participate virtually therein; and WHEREAS, protecting the public's health as well as the public's right to participate in local government is a valid objective for the exercise of the City's police power; and WHEREAS, § 7-5-104, MCA, authorizes the City Council to waive the second reading of an ordinance passed in response to an emergency and provides such ordinance is effective upon passage; and WHEREAS, an emergency ordinance requires a two-thirds vote of the whole City Council for passage and remains effective for no more than 90 days; and WHEREAS, 2-3-103 through 2-3-111, MCA, provide that public agencies must ensure that prior to a final agency decision is taken that is of significant interest to the public, adequate notice is given and the public is allowed a reasonable opportunity to participate; and WHEREAS, § 2-3-112, MCA, provides 2-3-103 through 2-3-111, MCA, do not apply to an agency decision that must be made to address an emergency situation affecting the public health, welfare, or safety; and WHEREAS, preventing the spread of COVID-19 and allowing interested members of the public to safely participate in City Council meetings constitutes an emergency situation affecting the public health, safety and general welfare; and WHEREAS, holding City Council meetings remotely and providing the option for remote meetings to be held by other City Boards and Committees is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Whitefish, Montana, as follows: Section 1: All of the recitals set forth above are hereby adopted as Findings of Fact. ---PAGE BREAK--- - 3 - Section 2: The City shall hold City Council meetings remotely via WebEx and shall allow the public to virtually participate therein. Section 3: City Boards and Committees may choose to hold meetings remotely via WebEx by a majority vote of its members and shall allow the public to virtually participate therein. Section 4: The City continues to encourage the public to submit written comment prior to the packet deadline. All comments received up to one hour prior to the scheduled meeting will be provided to the City Council, Board or Committee members and appended to the packet following the meeting. Public comment by those attending the meeting "live" via WebEx will be limited to three minutes per individual. At the end of "live" comment, the City Clerk, or designee will read the names and addresses of each individual providing written comment and state whether such individual supports or opposes the proposal/application before the City Council, Board, or Committee. Section 5: In the event any word, phrase, clause, sentence, paragraph, section or other part of the Ordinance set forth herein is held invalid by a court of competent jurisdiction, such judgment shall affect only that part held invalid, and the remaining provisions thereof shall continue in full force and effect. Section 6: This Emergency Ordinance shall take effect immediately upon its adoption by the City council of the City of Whitefish, Montana, and signing by the Mayor thereof and shall expire 90 days from the date of its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WHITEFISH, MONTANA, THIS 21 DAY OF SEPTEMBER 2020. John M. Muhlfeld, Mayor ATTEST: Michelle Howke, City Clerk /S/John Muhlfeld /s/Michelle Howke