2020-02ORDINANCE NO.2020-02
AN ORDINANCE IMPLEMENTING EMERGENCY PROCEDURES TO ENSURE
CONTINUITY OF CITY GOVERNMENT AND, IN PARTICULAR, TO MODIFY
PUBLIC MEETING AND PUBLIC PRACTICES AND PROCEDURES TO ADDRESS
CONTINUITY OF OPERATIONS ASSOCIATED WITH THE COVID-19 PANDEMIC
DISASTER
WHEREAS, on March 12, 2020, the Governor of Virginia issued Executive Order
Fifty -One (the "Governor's Executive Order") declaring a state of emergency for the
Commonwealth of Virginia arising from the COVID-19 pandemic and further acknowledging
the existence of a disaster, as defined by Virginia Code § 44-146.16, arising from the public
health threat presented by this spreading communicable disease; and
WHEREAS, on March 16, 2020, effective at 10:00 a.m. and extending through June
10, 2020, at 12:01 a.m. (the "Emergency Period"), the City Manager, in his capacity of
Director of Emergency Management, issued a Declaration of Local Emergency COVID-19
(the "City Declaration") applicable throughout the entire City of Fairfax, Virginia (the
"City"), pursuant to authority granted pursuant to City Code § 33-11, and Virgina Code §§
44- I46.21 and 15.2-1413, which City Declaration was unanimously consented to the by the
City Council on March 17, 2020, pursuant to City Resolution No. R-20-07, as required by
applicable law; and
WHEREAS, there have been confirmed and suspected cases of COVID-19 within the
Commonwealth of Virginia and the City, specificially; and
WHEREAS, Virginia Code § 15.2-1413 provides specific authorization for any
locality to, by ordinance, provide a method at variance with general or special laws to assure
continuity of government in the event of a disaster; and
WHEREAS, the COVID-19 pandemic and local outbreaks of COVID-19 constitute
an emergency and disaster as contemplated by Virginia Code § I 5.2-1413; and
WHEREAS, Virginia Code § 2.2-3708.2(A)(3) allows, under certain procedural
requirements including public notice and access, that members of City Council may convene
solely by electronic means "to address the emergency;" and
WHEREAS, the open public meeting requirements of the Virginia Freedom of
Information Act are limited only by a properly claimed exemption provided under that Act or
"any other statute;" and
WHEREAS, current guidance has recommended suspension of public gatherings
where possible and the recommendations may be further modified or public gatherings may
be prohibited in their entirety, depending on the evolving nature of this emergency and
disaster.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Fairfax that any process, procedure or matter which requires the physical presence of the
public in a city building or facility that the City Director of Emergency Management or other
authority with jurisdiction over such building or facility has declared, or in the future may
declare, to be closed to the public is hereby suspended during the pendency of the City
Declaration; and
IT IS FURTHER ORDAINED that:
a. Agenda items scheduled, or proposed to be considered, during the pendency of the
City Declaration, by the City Council, Planning Commission or any other City
board or commission, shall be deemed continued for the duration of the local
emergency under the City Declaration, but only if the City Council, Planning
Commission or other City board or commission, as applicable, does not take action
on the agenda item during the Emergency Period. This shall include those agenda
items for which state and,!or local law requires an affirmative action to be taken
within a statutorily mandated timeframe and the failure to act can be deemed an
approval;
b. Meetings of the City Council, Planning Commission or any other City boards and
commissions may be held through electronic communications means with or
without a quorum of members physically present in a single location, provided that
notice of such meeting(s) continues to be given in accordance with applicable
laws;
c. Notwithstanding the foregoing, the City Council, Planning Commission or any
other City boards and commissions may, at their election and in their sole
discretion, continue to conduct previously scheduled meetings or special or
emergency meetings and act upon scheduled or purposed agenda items before
them for the duration of the City Declaration under normal procedures or by solely
electronic means in compliance with public notice, access, and other requirements
of Virginia Code § 2.2-3708.2(A)(3) to the extent practicable;
d. Such meetings may be held without permitting members of the public to be
physically present in a central location or in the same physical location as any or
all of the City Council, Planning Commission, board or commission members, so
long as alternative arrangements, reasonable under the circumstances, for public
access to such meetings are made. Such alternative arrangements may include, but
not be limited to, any one or combination of electronic means, including but not
limited to video, audio or telephonic broadcast.
e. In the event that an agenda item requires a public hearing under applicable law,
public comment and input will be solicited and received by written means prior to
vote on such matter. Public comments may also be solicited and received by
electronic and/or telephonic means if possible and practical, and any such
comments shall be provided to members and made a part of the record of such
meeting.
IT IS FURTHER ORDAINED that City Council reserves the right by subsequently
enacted ordinance to rescind or amend this ordinance. This ordinance is enacted pursuant to
the authority granted by City Charter § 5.6(e), and the City Council hereby finds and declares
that this ordinance is pertinent to the emergency declared in the City Declaration.
This ordinance shall be effective upon its adoption and shall be operative until
repealed or modified by the City Council, or as otherwise provided by law.
This Ordinance shall become effective as provided by law.
INTRODUCED: March 20, 2020
PUBLIC HEARING: March 20, 2020
ADOPTED: March 20, 2020
ATTEST:
A4v,- '�
4,c4it City C erk
VOTE:
Councilmember DeMarco
Aye
Councilmember Lim
Aye
Councilmember Miller
Aye
Councilmember Passey
Aye
Councilmember Stehle
Aye
Councilmember Yi
Aye
d�eokwi
ic-
Mayor
/06,4-c-1 ao , aoa-a
Date