Proclamation of Emergency

December 28, 2021

Summary

King County Executive Dow Constantine issued a Proclamation of Emergency after a winter storm brought snow, high winds, and dangerous cold to the region.

Story

WHEREAS, the King County Office of Emergency Management has reported to me on December 26, 2021 that King County has activated the King County Emergency Operations Center for a significant civil emergency caused by severe winter storm conditions; and,

WHEREAS, beginning on December 26, 2021, these severe winter storm conditions have consisted of snow, high winds, and subfreezing temperatures, and

WHEREAS, these conditions are creating hazardous road conditions, pose a risk to public property and facilities, and threaten public safety, property destruction, injury, and travel conditions; and

WHEREAS, the National Weather Service has forecast prolonged subfreezing temperatures and additional snow accumulation, adding to the severe winter storm conditions described above; and

WHEREAS, these conditions are contributing to staffing shortages, curtailment of activities including waste collection, and a need to make immediate contracting and purchasing decisions to prevent harm; and

WHEREAS, as described in SECTION 2 of this Proclamation, the situation is sufficiently serious that it is necessary that I proclaim an emergency within King County and exercise the Executive’s emergency powers; and

WHEREAS, I have reviewed the situation, consulted with Executive branch agencies and personnel, and verified the emergency cited above and the necessity for me to take immediate, extraordinary action as outlined in this Proclamation.

NOW THEREFORE, I, DOW CONSTANTINE, AS KING COUNTY EXECUTIVE, DO PROCLAIM AND ORDER AS FOLLOWS:

SECTION 1: EMERGENCY POWERS
A. As described in SECTION 2, an emergency exists requiring and authorizing me to exercise the emergency powers vested in me as King County Executive by RCW chapter 38.52, and King County Code chapters 2.56 and 12.52, as described in this Proclamation; and
B. Effective upon my signing this Proclamation, I will exercise that authority through the use and direction of County personnel, services, and equipment, and additional acts necessary to the management of this emergency.

SECTION 2: PROCLAMATION OF EMERGENCY
A. Based on my review of the present circumstances, the report of the King County Office of Emergency Management, and my consultations with Executive branch agencies and personnel, I find and proclaim that an emergency exists, as defined in K.C.C. 12.52.010.A, due to severe winter storm conditions consisting of snow, high winds, and persistent icy conditions, and that these conditions demand that I exercise the authority assumed in SECTION 1 and take the extraordinary measures stated in SECTION 3, for the immediate preservation of public health, safety, and order, and the prevention of damage to public property (and restoration of such property to a condition of usefulness, as such property may have been damaged), and to relieve loss, hardship, and suffering.

SECTION 3: ORDER
A. Pursuant to K.C.C. 12.52.030.C.2, I hereby order that the public advertising and competitive procurement requirements of state law and K.C.C. chapter 2.93, and all applicable Executive policies and procedures, and the requirements of K.C.C. chapter 12.19, are waived relating to County contracts for the following purchases or leases:

1. Tangible personal property;
2. Public works as defined by RCW 39.04.010; and
3. Services, including professional or technical services.

B. Pursuant to K.C.C. 12.52.030.C.1, I hereby order that King County Staff may authorize overtime for personnel in positions requiring overtime to adequately respond to the emergency.
C. Pursuant to K.C.C. 12.52.030.C.10 and K.C.C. 10.12.050(B), I hereby order that service fees listed in K.C.C. 10.12.021 for the disposal of yard waste at county-operated solid waste facilities may be waived, as determined necessary by the Solid Waste Division Director to promote prompt cleanup during and following an emergency. The Solid Waste Division Director shall implement the fee waiver in accordance with the authority granted in K.C.C. 10.12.050.B in order to promote prompt cleanup following an emergency.
D. Pursuant to K.C.C. 12.52.030.C.10, I hereby order that the operating hours of King County solid waste facilities may be temporarily changed, as determined necessary by the Solid Waste Division Director in order to promote prompt cleanup following an emergency and to support employee and public safety.
E. I further the reserve the right to issue such further orders as authorized by K.C.C. chapter 12.52 as may be necessary to respond to the emergency proclaimed in SECTION 2.

SECTION 4: NOTICE
A. A copy of this Proclamation and any order(s) issued hereunder shall be delivered to the Clerk of the Council and each King County Councilmember by email before the execution of any contract or lease authorized under SECTION 3. A copy of this Proclamation and any order(s) issued hereunder shall also be filed with the Clerk of the Council by no later than 10:00 a.m. on the second business day after issuance. To the extent practicable, a copy of this Proclamation and all emergency orders issued hereunder shall be delivered to all news media within King County and made available to the general public.

SECTION 5: EXPIRATION AND TERMINATION
A. This Proclamation shall continue in force and effect until terminated by order of the Executive or action by the County Council by ordinance. However, the order in SECTION 3A shall expire twenty-one (21) calendar days after issuance, unless terminated sooner by order of the Executive or action by the County Council by motion, or extended by the County Council by motion.

DATED this 28th day of December, 2021.

DOW CONSTANTINE, Executive
King County, Washington

SIGNED COPY (PDF)