Resolution - 2020 - 2020-01 - Emergency Suspension Of Public Hearings - June 30, 2020 - 03/23/2020 No. 2020-01
Declaration of Local Disaster Emergency Order
WHEREAS, the 2019 Novel Coronavirus (COVID-19) pandemic represents an
imminent threat to the life, health and property of the City of Eagle and its citizens; and
WHEREAS, pursuant to the authority granted to the Mayor of the City of Eagle in
Section 46-1001, Idaho Code, the Mayor of the City of Eagle, declared a local disaster
emergency on March 16, 2020;
WHEREAS, the City Council ratified the Mayor's declaration of local disaster
emergency and authorized the continuance of the declaration to remain in effect until June 30,
2020 unless terminated sooner or extended by the City Council;
WHEREAS, the Governor issued a Proclamation on March 18, 2020 suspending certain
requirements of Idaho Code Section 74-203(5) regarding the conduct of and participation in open
public meetings;
WHEREAS, federal, state, and local public health authorities have recommended limited
interaction with others at this time and that social interactions should be limited to ten (10)
people in order to reduce the spread of the 2019 novel coronavirus (COVID-19); and
WHEREAS, when a public health hazard is imminent, Eagle City Code § 4-11-3(c)
authorizes the mayor to summarily enact a Local Disaster Emergency Order, which postpones or
cancels public meetings and hearings in order to prevent or mitigate a foreseeable, imminent, or
present public health hazard;
NOW THEREFORE, the Mayor of the City of Eagle does hereby issue this Local
Disaster Emergency Order and declares that:
1. All public hearings in which members of the public are entitled to present oral
testimony are hereby suspended during the term of the emergency declaration unless rescinded
earlier or extended past June 30, 2020.
2. Public comment periods during regular and special city council meetings shall be
suspended during the term of the emergency declaration unless rescinded earlier or extended past
June 30, 2020.
3. All regular and special city council meetings may be postponed or conducted in
accordance with Idaho's Open Meeting laws as qualified by the Governor's Proclamation of
March 18, 2020.
4. The suspension under Paragraphs 1 and 2 above, may be rescinded in its entirety
Local Disaster Emergency Order page 1 of 2
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if the City is able to establish alternative technological means for the public to appropriately
observe and/or testify at a public hearing without attending such hearing in person.
Approved and adopted this )3 day of March, 2020.
CITY OF EAGLE
Ada County, Idaho ATTEST:
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(JASON PIERCE, MAYOR SI---IARON K. BERGMAN, CITY CLERK
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Local Disaster Emergency Order page 2 of 2
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The Office of the Governor
Executive department * State Capital
State
of Idaho Proctainatwii Boise
WHEREAS,I issued a proclamation on March 13, 2020,declaring a state of emergency
in the State of Idaho due to the occurrence and imminent threat to public health and safety
arising from the effects of the 2019 novel coronavirus(CO VID-1 9);and
WHEREAS,that Proclamation remains in effect today;and
WHEREAS,government agencies and boards need to continue to operate,make
decisions,and ensure the continuity of services to the people of Idaho during the declared
emergency;and
WHEREAS,federal,state,and local public health authorities have recommended limited
interaction with others at this time and that social interactions should be limited to ten(10)
people an order to reduce the spread of the 2019 novel coronavirus(CO VID-1 9);and
WHEREAS,the Idaho Open Meetings Act, Chapter 2, Title 74,Idaho Code,sets out
important requirements to ensure that the public business is not conducted in secret. Those
requirements remain important during a time of emergency such as this.
NOW, THEREFORE,I,Brad Little, Governor of the State of Idaho,by virtue of the
authority vested in me by Section 46-1008 of the Idaho Code and by the Constitution of the State
of Idaho do hereby find and therefore proclaim and declare:
1. The Proclamation I issued on March 13,2020 is hereby amended to incorporate this
Proclamation.
2. The requirements of the following portion of section 74203(5),Idaho Code,are
suspended during the term of the emergency declared in the Proclamation dated March
13,2020, including during any extensions of the declared emergency.
provided,however,that at least one(1)member of the governing body,or the director of
the public agency, or the chief administrative officer of the public agency shall be
physically present at the location designated in the meeting notice,as required under
section 74-204,Idaho Code,to ensure that the public may attend such meeting in person.
3. The suspension of this requirement is necessary to permit governing bodies of public
agencies to continue to conduct the public's business during this emergency,while also
ensuring the public's business is not conducted in secret.
4. The suspension of section 74-203(5),Idaho Code, applies only to the requirement of
allowing the public to attend a meeting in person.All governing bodies of public
agencies continue to be subject to the Open Meeting Law's requirements to allow public
attendance using telecommunication devices at meetings subject to the Open Meeting
Act.
S. All other requirements of the Open Meeting Act remain intact and are not impacted by
this action.Public agencies must continue to comply with all other requirements of the
open Meeting Act,including but not limited to requirements for providing notice and
publishing the agenda.
6. Public agencies are encouraged, but not required, to take steps to enhance public
attendance and participation in meetings via telecommunication devices during this
unique and challenging time.For example,public agencies should consider publishing
on its website and in advance of the meeting the materials to be discussed at the meeting,
and giving the public an opportunity to sign up to testify telephonically.telephonically.
IN WITNESS WHEREOF, I have hereunto set my
hand and caused to be affixed the Great Seal of the
State of Idaho at the Capitol in Boise on this 18'h
day of March in the year of our Lord two thousand
and twenty and of the Independence of the United
States of America the two hundred forty fourth and
of the Statehood of Idaho the one hundred thirtieth.
BRAD LITTLE
GOVERNOR
, 7
LA WERENCE DENNEY
SECRETARY OF STATE