HomeMy WebLinkAbout2022-04-29 – COVID-19 – Governor's Proclamations: Council Meetings Changes to Reduce Spread of Coronavirus (Rescinded 6/1/2022)
CITY OF TUKWILA
CITY COUNCIL
NOTICE OF CHANGES TO COUNCIL MEETINGS
BASED ON GOVERNOR’S PROCLAMATION 20-28
TO REDUCE THE SPREAD OF COVID-19
On March 24, 2020, the Governor of the State of Washington adopted Proclamation
20-28to be in effect until April 23, 2020 and states in part:
FURTHERMORE, based on the above situation and under the provisions of RCW
43.06.220(1)(h), I find that RCW 42.30, as applied to all public agencies statewide,
involves the conduct of state business, and to help preserve and maintain life, health,
property or the public peace, I hereby amend Proclamation 20-05 to prohibit public
agencies as follows:
Any public agency, subject to RCW 42.30, is prohibited from conducting any meeting,
(a) the meeting isnotconducted in-person and instead
subject to RCW 42.30 unless
provides an option(s) for the public to attend the proceedings through, at
minimum, telephonic access, and may also include other electronic, internet or
other means of remote access, and (b) provides the ability for all persons
attending the meeting to hear each other at the same time.
Effective immediatelyand until further notice consistent with any revised proclamations or other
orders issued by the Governor, the public will not be permitted to attend Council meetings in
person based on the Governor’s April 23, 2020 mandate.
The public will be invited to participate in the Council meetings via electronic and telephone
options for which instructions will bea part of agenda distribution and on the City’s social media
platforms and website.
Christy O’Flaherty, MMC, Records Governance Manager/City Clerk
Emailed to Seattle Times –March 26, 2020
PROCLAMATION BY THE GOVERNOR
AMENDING PROCLAMATION 20-05
20-28
Open Public Meetings Act and Public Records Act
WHEREAS, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State of
Emergency for all counties throughout Washington as a result of the coronavirus disease 2019
(COVID-19) outbreak in the United States and confirmed person-to-person spread of COVID-19
in Washington State; and
WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant
progression in Washington State, and the high risk it poses to our most vulnerable populations, I
have subsequently issued amendatory Proclamations 20-06, 20-07, 20-08, 20-09, 20-10, 20-11,
20-12, 20-13, 20-14, 20-15, 20-16, 20-17, 20-18, 20-19, 20-20, 20-21, 20-22, 20-23, 20-24, 20-25,
20-26, and 20-27, exercising my emergency powers under RCW 43.06.220 by prohibiting certain
activities and waiving and suspending specified laws and regulations; and
WHEREAS, the COVID-19 disease, caused by a virus that spreads easily from person to person
which may result in serious illness or death and has been classified by the World Health
Organization as a worldwide pandemic, continues to broadly spread throughout Washington State;
and
WHEREAS, to curtail the spread of the COVID-19 pandemic in Washington State and to protect our
most vulnerable populations, it is necessary to limit person to person contact through social
distancing and limiting person to person contact; and
WHEREAS, to curtail the spread of the COVID-19 pandemic in Washington State and to protect our
most vulnerable populations, it is necessary to limit person to person contact through social
distancing and limiting the numbers of people who may gather in one location; and
WHEREAS, transparency in state government and all of its political subdivisions is an important
state policy, such that all statutes related to open public meetings and public records are the business
of the state; and
WHEREAS, there are a plethora of electronic, telephonic and other options that make it possible for
the public to attend open public meetings remotely; and
WHEREAS, it is necessary to immediately waive any requirement in RCW 42.56, the Public
Records Act, and RCW 42.30, the Open Public Meetings Act, that provides for any activity that
necessitates an in-person setting; and
WHEREAS, the worldwide COVID-19 pandemic and its progression throughout Washington
State continue to threaten the life and health of our people as well as the economy of Washington
State, and remains a public disaster affecting life, health, property or the public peace; and
WHEREAS, the Washington State Department of Health (DOH) continues to maintain a Public
Health Incident Management Team in coordination with the State Emergency Operations Center
and other supporting state agencies to manage the public health aspects of this ongoing incident;
and
WHEREAS, the Washington State Military Department Emergency Management Division,
through the State Emergency Operations Center, continues coordinating resources across state
government to support the DOH and local health officials in alleviating the impacts to people,
property, and infrastructure, and continues coordinating with the DOH in assessing the impacts and
long-term effects of the incident on Washington State and its people.
NOW, THEREFORE, I, Jay Inslee, Governor of Washington, as a result of the above-noted
situation, and under RCW 38.08, RCW 38.52 and RCW 43.06, do hereby proclaim that a state of
emergency continues to exist in all Washington State counties, that Proclamation 20-05 and all
amendments thereto remain in effect, and that Proclamation 20-05 is amended by waiving and
suspending the portions of RCW 42.30 and RCW 42.56 that require in-person meetings or contact.
I again direct that the plans and procedures of the Washington State Comprehensive Emergency
Management Plan be implemented throughout state government. State agencies and departments
are directed to continue utilizing state resources and doing everything reasonably possible to
support implementation of the Washington State Comprehensive Emergency Management Plan
and to assist affected political subdivisions in an effort to respond to and recover from the COVID-
19 pandemic.
I continue to order into active state service the organized militia of Washington State to include the
National Guard and the State Guard, or such part thereof as may be necessary in the opinion of The
Adjutant General to address the circumstances described above, to perform such duties as directed
by competent authority of the Washington State Military Department in addressing the outbreak.
Also, I continue to direct the DOH, the Washington State Military Department Emergency
Management Division, and other agencies to identify and provide appropriate personnel for
conducting necessary and ongoing incident related assessments.
FURTHERMORE, based on the above situation and under the provisions of RCW 43.06.220(1)(h),
I find that RCW 42.30, as applied to all public agencies statewide, involves the conduct of state
business, and to help preserve and maintain life, health, property or the public peace, I hereby amend
Proclamation 20-05 to prohibit public agencies as follows:
Any public agency, subject to RCW 42.30, is prohibited from conducting any meeting,
subject to RCW 42.30 unless (a) the meeting is not conducted in-person and instead provides
an option(s) for the public to attend the proceedings through, at minimum, telephonic access,
and may also include other electronic, internet or other means of remote access, and (b)
provides the ability for all persons attending the meeting to hear each other at the same time.
Remote meeting resources include the Department of Enterprise Services Master Contract for
teleconferencing and web-based meeting platforms, which can be found here:
Software Resellers (06016):
https://apps.des.wa.gov/DESContracts/Home/ContractSummary/06016
Cloud Solutions (05116):
https://apps.des.wa.gov/DESContracts/Home/ContractSummary/05116
Other resources can be found online by searching for free conference call services and for
other e-based meeting services. Additional guidance for remote meetings may be found on
at the Municipal Research and Services Center (M, www..org).
FURTHERMORE, based on the above situation and under the provisions of RCW 43.06.220(1)(h),
I find that RCW 42.30, as applied to all public agencies statewide, involves the conduct of state
business, and to help preserve and maintain life, health, property or the public peace, I hereby amend
Proclamation 20-05 to prohibit public agencies as follows:
Subject to the conditions for conducting any meeting as required above, agencies are further
prohibited from taking “action,” as defined in RCW 42.30.020, unless those matters are
necessary and routine matters or are matters necessary to respond to the COVID-19 outbreak
and the current public health emergency, until such time as regular public participation under
the Open Public Meetings Act is possible.
FURTHERMORE, based on the above noted situation and under the provisions of RCW
43.06.220(2)(g), I find that strict compliance with the following portions of statutory and
regulatory obligations or limitations will prevent, hinder, or delay necessary action for coping with
the COVID-19 State of Emergency by bringing people in contact with one another at a time when
the virus is rapidly spreading, and that the language of each statutory provision specified below is
hereby waived and suspended as provided herein until midnight on April 23, 2020:
RCW 42.30.030 – the following words only:
“and all persons shall be permitted to attend any meeting of the governing body of
a public agency, except as otherwise provided in this chapter”
RCW 42.30.040 – in its entirety; however, agencies are strongly encouraged to utilize a
remote meeting option that complies, to the greatest extent possible, with this statute
RCW 42.30.050 – as to the following word only: “room” in the first sentence
RCW 42.30.070 – as to the following word only: the first usage of “site” - in the fourth
sentence
RCW 42.30.075 – as to the following words only:
“Notice of any change from such meeting schedule shall be published in the state
register for distribution at least twenty days prior to the rescheduled meeting date.”
RCW 42.30.080(2)(c) – as to the following words only:
“Prominently displayed at the main entrance of the agency's principal location and
the meeting site if it is not held at the agency's principal location.”
RCW 42.30.090 –as to the following words only:
“on or near the door of the place where the regular, adjourned regular, special, or
adjourned special meeting was held.”
FURTHERMORE, based on the above noted situation and under the provisions of RCW
43.06.220(2)(g), I find that RCW 42.56, as applied to all public agencies statewide involves the
conduct of state business and I also find that strict compliance with the following statutory and
regulatory obligations or limitations will prevent, hinder, or delay necessary action for coping with
the COVID-19 State of Emergency in responding to public records requests by bringing people in
contact with one another at a time when the virus is rapidly spreading, and that the language of
each statutory provision specified below is hereby waived and suspended as provided herein until
midnight on April 23, 2020:
RCW 42.56.080(2), as to the following words only:
“Agency facilities shall be made available to any person for the copying of public
records except when and to the extent that this would unreasonably disrupt the
operations of the agency.”
“in person during an agency's normal office hours, or”
RCW 42.56.090, as to the first sentence only
RCW 42.56.100, as to the following word only in the first sentence: “full”
RCW 42.56.520(1), as to the following words only in the second sentence: “Within five
business days of receiving a public records request,”
Violators of this of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5).
Signed and sealed with the official seal of the state of Washington on this 24th day of March, A.D.,
Two Thousand and Twenty at Olympia, Washington.
By:
/s/
Jay Inslee, Governor
BY THE GOVERNOR:
/s/
Secretary of State
PROCLAMATION BY THE GOVERNOR
AMENDING AND EXTENDING PROCLAMATIONS 20-05 and 20-28
20-28.1
Extension - Open Public Meetings Act and Public Records Act
WHEREAS, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State of
Emergency for all counties throughout the state of Washington as a result of the
coronavirus disease 2019 (COVID-19) outbreak in the United States and confirmed
person-to-person spread of COVID-19 in Washington State; and
WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant
progression in Washington State, and the high risk it poses to our most vulnerable
populations, I have subsequently issued amendatory Proclamations 20-06 through 20-51
exercising my emergency powers under RCW 43.06.220 by prohibiting certain activities
and waiving and suspending specified laws and regulations; and
WHEREAS, the COVID-19 disease, caused by a virus that spreads easily from person to
person which may result in serious illness or death and has been classified by the World
Health Organization as a worldwide pandemic, has broadly spread throughout Washington
State, seriously increasing the threat of serious associated health risks statewide; and
WHEREAS, on March 24, 2020, I issued Proclamation 20-28, waiving and suspending
laws and rules in RCW 42.56, the Public Records Act, and RCW 42.30, the Open Public
Meetings Act, that require any activity that occurs in an in-person setting to prevent further
spread of the virus and related prohibition; and
WHEREAS, there are currently at least 12,494 cases of COVID-19 in Washington State
with 692 associated deaths, hospitalizations for COVID-19-like illnesses have sharply
increased in the past month, and a large surge in the number of serious COVID-19
infections will compromise the ability of our health care system to deliver necessary health
care services and continues to require a reduction in person to person contact; and
WHEREAS, on April 22, 2020, under the provisions of RCW 43.06.220(4), the statutory
waivers and suspensions of Proclamation 20-28 were extended by the leadership of the
Washington State Senate and House of Representatives until the termination of the
COVID-19 State of Emergency or May 4, 2020, whichever occurs first; and
WHEREAS, the worldwide COVID-19 pandemic and its progression in Washington
State continues to threaten the life and health of our people as well as the economy of
Washington State, and remains a public disaster affecting life, health, property or the
public peace;and
WHEREAS, the Washington State Department of Health continues to maintain a Public
Health Incident Management Team in coordination with the State Emergency Operations
Center and other supporting state agencies to manage the public health aspects of the
incident; and
WHEREAS, the Washington State Military Department Emergency Management
Division, through the State Emergency Operations Center, continues coordinating
resources across state government to support the Department of Health and local health
officials in alleviating the impacts to people, property, and infrastructure, and continues
coordinating with the Department of Health in assessing the impacts and long-term effects
of the incident on Washington State and its people.
NOW, THEREFORE, I, Jay Inslee, Governor of the state of Washington, as a result of
the above-noted situation, and under Chapters 38.08, 38.52 and 43.06 RCW, do hereby
proclaim that a State of Emergency continues to exist in all counties of Washington State,
that Proclamation 20-05 and all amendments thereto remain in effect as otherwise
amended, and that Proclamation 20-28 is amended to (1) recognize the extension of
statutory waivers and suspensions therein by the leadership of the Washington State Senate
and House of Representatives until the termination of the COVID-19 State of Emergency
or May 4, 2020, whichever occurs first, and (2) similarly extend the prohibitions therein to
May 4, 2020.
I again direct that the plans and procedures of the Washington State Comprehensive
Emergency Management Plan be implemented throughout state government. State
agencies and departments are directed to continue utilizing state resources and doing
everything reasonably possible to support implementation of the Washington State
Comprehensive Emergency Management Plan and to assist affected political subdivisions
in an effort to respond to and recover from the COVID-19 pandemic.
I continue to order into active state service the organized militia of Washington State to
include the National Guard and the State Guard, or such part thereof as may be necessary
in the opinion of The Adjutant General to address the circumstances described above, to
perform such duties as directed by competent authority of the Washington State Military
Department in addressing the outbreak. Additionally, I continue to direct the Department
of Health, the Washington State Military Department Emergency Management Division,
and other agencies to identify and provide appropriate personnel for conducting necessary
and ongoing incident related assessments.
Violators of this of this order may be subject to criminal penalties pursuant to RCW
43.06.220(5).
Signed and sealed with the official seal of the state of Washington on this 23rd day of
April, A.D., Two Thousand and Twenty at Olympia, Washington.
By:
/s/
Jay Inslee, Governor
BY THE GOVERNOR:
/s/
Secretary of State
PROCLAMATION BY THE GOVERNOR
AMENDING AND EXTENDING
PROCLAMATIONS 20-05,20-28and 20-28.1
20-28.2
Open Public Meetings Act and Public Records Act
WHEREAS, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State of
Emergency for all counties throughout the state of Washington as a result of the
coronavirus disease 2019 (COVID-19) outbreak in the United States and confirmed
person-to-person spread of COVID-19 in Washington State; and
WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant
progression in Washington State, and the high risk it poses to our most vulnerable
populations, I have subsequently issued amendatory Proclamations 20-06 through 20-53
exercising my emergency powers under RCW 43.06.220 by prohibiting certain activities
and waiving and suspending specified laws and regulations; and
WHEREAS, the COVID-19 disease, caused by a virus that spreads easily from person to
person which may result in serious illness or death and has been classified by the World
Health Organization as a worldwide pandemic, has broadly spread throughout Washington
State, seriously increasing the threat of serious associated health risks statewide; and
WHEREAS, there are currently at least 15,462 cases of COVID-19 in Washington State
with 841 associated deaths, demonstrating the ongoing, present, and persistent threat of
this lethal disease; and
WHEREAS, on March 24, 2020, I issued Proclamation 20-28, waiving and suspending
laws and rules in RCW 42.56, the Public Records Act, and RCW 42.30, the Open Public
Meetings Act, that require any activity that occurs in an in-person setting to prevent further
spread of the virus and related prohibition;and
WHEREAS, on April 23, 2020, under the provisions of RCW 43.06.220(4), the statutory
waivers and suspensions of Proclamation 20-28 were extended by the leadership of the
Washington State Senate and House of Representatives until the termination of the
COVID-19 State of Emergency or May 4, 2020, whichever occurs first; and
WHEREAS, on April 23, 2020, I issued Proclamation 20-28.1 acknowledging the
extension of statutory waivers and suspensions therein by the leadership of the Washington
State Senate and House of Representatives until the termination of the COVID-19 State of
Emergency or May 4, 2020, whichever occurs first; and
WHEREAS, on May 4, 2020, under the provisions of RCW 43.06.220(4), the statutory
waivers and suspensions of Proclamations 20-28 were again extended by the leadership of
the Washington State Senate and House of Representatives until the termination of the
COVID-19 State of Emergency or May 31, 2020, whichever occurs first, with the
exception of RCW 42.56.520(1), which the leadership of the Washington State Senate and
House of Representatives extended until the termination of the COVID-19 State of
Emergency or May 11, 2020; and
WHEREAS, the worldwide COVID-19 pandemic and its progression in Washington State
continues to threaten the life and health of our people as well as the economy of
Washington State, and remains a public disaster affecting life, health, property or the
public peace; and
WHEREAS, the Washington State Department of Health continues to maintain a Public
Health Incident Management Team in coordination with the State Emergency Operations
Center and other supporting state agencies to manage the public health aspects of the
incident; and
WHEREAS, the Washington State Military Department Emergency Management
Division, through the State Emergency Operations Center, continues coordinating
resources across state government to support the Department of Health and local health
officials in alleviating the impacts to people, property, and infrastructure, and continues
coordinating with the Department of Health in assessing the impacts and long-term effects
of the incident on Washington State and its people.
NOW, THEREFORE, I, Jay Inslee, Governor of the state of Washington, as a result of
the above-noted situation, and under Chapters 38.08, 38.52 and 43.06 RCW, do hereby
proclaim that a State of Emergency continues to exist in all counties of Washington State,
that Proclamation 20-05 and all amendments thereto remain in effect as otherwise
amended, and that Proclamations 20-28 and 20-28.1 are amended to (1) recognize the
extension of statutory waivers and suspensions therein by the leadership of the Washington
State Senate and House of Representatives until the termination of the COVID-19 State of
Emergency or May 31, 2020, whichever occurs first, except for RCW 42.56.520(1), which
was extended by the leadership of the Washington State Senate and House of
Representatives until the termination of the COVID-19 State of Emergency or May 11,
2020, and (2) similarly extend the prohibitions therein to May 31, 2020, or in the case of
RCW 42.56.520(1) May 11, 2020.
I again direct that the plans and procedures of the Washington State Comprehensive
Emergency Management Plan be implemented throughout state government. State
agencies and departments are directed to continue utilizing state resources and doing
everything reasonably possible to support implementation of the Washington State
Comprehensive Emergency Management Plan and to assist affected political subdivisions
in an effort to respond to and recover from the COVID-19 pandemic.
I continue to order into active state service the organized militia of Washington State to
include the National Guard and the State Guard, or such part thereof as may be necessary
in the opinion of The Adjutant General to address the circumstances described above, to
perform such duties as directed by competent authority of the Washington State Military
Department in addressing the outbreak. Additionally, I continue to direct the Department
of Health, the Washington State Military Department Emergency Management Division,
and other agencies to identify and provide appropriate personnel for conducting necessary
and ongoing incident related assessments.
Violators of this of this order may be subject to criminal penalties pursuant to RCW
43.06.220(5).
Signed and sealed with the official seal of the state of Washington on this 5th day of May,
A.D., Two Thousand and Twenty at Olympia, Washington.
By:
/s/
Jay Inslee, Governor
BY THE GOVERNOR:
/s/
Secretary of State
PROCLAMATION BY THE GOVERNOR
AMENDING AND EXTENDING
PROCLAMATIONS 20-05, 20-28, 20-28.1 and 28.2
20-28.3
Open Public Meetings Act and Public Records Act
WHEREAS, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State of Emergency
for all counties throughout the state of Washington as a result of the coronavirus disease 2019
(COVID-19) outbreak in the United States and confirmed person-to-person spread of COVID-19 in
Washington State; and
WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant progression
in Washington State, and the high risk it poses to our most vulnerable populations, I have subsequently
issued amendatory Proclamations 20-06 through 20-53 and 20-55, exercising my emergency powers
under RCW 43.06.220 by prohibiting certain activities and waiving and suspending specified laws and
regulations; and
WHEREAS, the COVID-19 disease, caused by a virus that spreads easily from person to person
which may result in serious illness or death and has been classified by the World Health Organization
as a worldwide pandemic, has broadly spread throughout Washington State, seriously increasing the
threat of serious associated health risks statewide; and
WHEREAS, there are currently at least 17,122 cases of COVID-19 in Washington State with 945
associated deaths, demonstrating the ongoing, present, and persistent threat of this lethal disease; and
WHEREAS, on March 24, 2020, I issued Proclamation 20-28, waiving and suspending laws and rules
concerning RCW 42.56, the Public Records Act, and RCW 42.30, the Open Public Meetings Act, that
require any activity that occurs in an in-person setting to prevent further spread of the virus; and
WHEREAS, on April 23, 2020, under the provisions of RCW 43.06.220(4), the statutory waivers and
suspensions of Proclamation 20-28 were extended by the leadership of the Washington State Senate
and House of Representatives until the termination of the COVID-19 State of Emergency or May 4,
2020, whichever occurs first; and
WHEREAS, on April 23, 2020, I issued Proclamation 20-28.1 acknowledging the extension of
statutory waivers and suspensions therein by the leadership of the Washington State Senate and House
of Representatives until the termination of the COVID-19 State of Emergency or May 4, 2020,
whichever occurs first, and similarly extending its prohibitions; and
WHEREAS, on May 4, 2020, under the provisions of RCW 43.06.220(4), the statutory waivers and
suspensions of Proclamations 20-28were again extended by the leadership of the Washington State
Senate and House of Representatives until the termination of the COVID-19 State of Emergency or
May 31, 2020, whichever occurs first, with the exception of RCW 42.56.520(1), which the leadership
of the Washington State Senate and House of Representatives extended until the termination of the
COVID-19 State of Emergency or May 11, 2020; and
WHEREAS, on May 5, 2020, I issued Proclamation 20-28.2 acknowledging the extension of statutory
waivers and suspensions therein by the leadership of the Washington State Senate and House of
Representatives until the termination of the COVID-19 State of Emergency or May 31, 2020,
whichever occurs first, and similarly extending its prohibitions, with the exception of RCW
42.56.520(1), which I extended to May 11, 2020, as authorized by the leadership of the Washington
State Senate and House of Representatives; and
WHEREAS, on May 11, 2020, under the provisions of RCW 43.06.220(4), the statutory waiver and
suspension of RCW 42.56.520(1) in Proclamation 20-28 was again extended by the leadership of the
Washington State Senate and House of Representatives until the termination of the COVID-19 State of
Emergency or May 31, 2020; provided, that the waiver of RCW 42.56.520(1) does not apply to
requests for public records received by an agency electronically; and
WHEREAS, the worldwide COVID-19 pandemic and its progression in Washington State continues
to threaten the life and health of our people as well as the economy of Washington State, and remains a
public disaster affecting life, health, property or the public peace; and
WHEREAS, the Washington State Department of Health continues to maintain a Public Health
Incident Management Team in coordination with the State Emergency Operations Center and other
supporting state agencies to manage the public health aspects of the incident; and
WHEREAS, the Washington State Military Department Emergency Management Division, through
the State Emergency Operations Center, continues coordinating resources across state government to
support the Department of Health and local health officials in alleviating the impacts to people,
property, and infrastructure, and continues coordinating with the Department of Health in assessing the
impacts and long-term effects of the incident on Washington State and its people.
NOW, THEREFORE, I, Jay Inslee, Governor of the state of Washington, as a result of the above-
noted situation, and under Chapters 38.08, 38.52 and 43.06 RCW, do hereby proclaim that a State of
Emergency continues to exist in all counties of Washington State, that Proclamation 20-05 and all
amendments thereto remain in effect as otherwise amended, and that Proclamations 20-28 and 20-28.1,
20-28.2 are amended to recognize the extension of the statutory waiver and suspension of RCW
42.56.520(1) by the leadership of the Washington State Senate and House of Representatives until
11:59 p.m. on May 31, 2020, except that the extension of the waiver and suspension of language in
RCW 42.56.520(1) will not apply to 5-day response requirements under the statute for public records
requests received by an agency electronically.
I again direct that the plans and procedures of the Washington State Comprehensive Emergency
Management Plan be implemented throughout state government. State agencies and departments are
directed tocontinue utilizing state resources and doing everything reasonably possible to support
implementation of the Washington State Comprehensive Emergency Management Plan and to assist
affected political subdivisions in an effort to respond to and recover from the COVID-19 pandemic.
I continue to order into active state service the organized militia of Washington State to include the
National Guard and the State Guard, or such part thereof as may be necessary in the opinion of The
Adjutant General to address the circumstances described above, to perform such duties as directed by
competent authority of the Washington State Military Department in addressing the outbreak.
Additionally, I continue to direct the Department of Health, the Washington State Military Department
Emergency Management Division, and other agencies to identify and provide appropriate personnel
for conducting necessary and ongoing incident related assessments.
Violators of this of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5).
Signed and sealed with the official seal of the state of Washington on this 12th day of May, A.D., Two
Thousand and Twenty at Olympia, Washington.
By:
/s/
Jay Inslee, Governor
BY THE GOVERNOR:
/s/
Secretary of State
PROCLAMATION BY THE GOVERNOR
AMENDING AND EXTENDING
PROCLAMATIONS 20-05, 20-28, 20-28.1,28.2, and 28.3
20-28.4
Open Public Meetings Act and Public Records Act
WHEREAS, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State
of Emergency for all counties throughout the state of Washington as a result of the
coronavirus disease 2019 (COVID-19) outbreak in the United States and confirmed
person-to-person spread of COVID-19 in Washington State; and
WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant
progression in Washington State, and the high risk it poses to our most vulnerable
populations, I have subsequently issued amendatory Proclamations 20-06 through 20-53
and 20-55 through 20-57, exercising my emergencypowers under RCW 43.06.220 by
prohibiting certain activities and waiving and suspending specified laws and regulations;
and
WHEREAS, the COVID-19 disease, caused by a virus that spreads easily from person
to person which may result in serious illness or death and has been classified by the
World Health Organization as a worldwide pandemic, has broadly spread throughout
Washington State, seriously increasing the threat of serious associated health risks
statewide; and
WHEREAS, on March 24, 2020, I issued Proclamation 20-28, waiving and suspending
laws and rules concerning RCW 42.56, the Public Records Act, and RCW 42.30, the Open
Public Meetings Act, that require any activity that occurs in an in-person setting to prevent
further spread of the virus; and
WHEREAS, on April 23, 2020, under the provisions of RCW 43.06.220(4), the statutory
waivers and suspensions of Proclamation 20-28 were extended by the leadership of the
Washington State Senate and House of Representatives until the termination of the
COVID-19 State of Emergency or May 4, 2020, whichever occurs first; and
WHEREAS, on April 23, 2020, I issued Proclamation 20-28.1 acknowledging the
extension of statutory waivers and suspensions therein by the leadership of the
Washington State Senate and House of Representatives until the termination of the
COVID-19 State of Emergency or May 4, 2020, whichever occurs first, and similarly
extending its prohibitions; and
WHEREAS, on May 4, 2020, under the provisions of RCW 43.06.220(4), the statutory
waivers and suspensions of Proclamations 20-28 and 20-28.1 were again extended by the
leadership of the Washington State Senate and House of Representatives until the
termination of the COVID-19 State of Emergency or May 31, 2020, whichever occurs
first, with the exception of RCW 42.56.520(1), which the leadership of the Washington
State Senate and House of Representatives extended until the termination of the COVID-
19 State of Emergency or May 11, 2020; and
WHEREAS, on May 5, 2020, I issued Proclamation 20-28.2 acknowledging the
extension of statutory waivers and suspensions therein by the leadership of the
Washington State Senate and House of Representatives until the termination of the
COVID-19 State of Emergency or May 31, 2020, whichever occurs first, and similarly
extending its prohibitions, with the exception of RCW 42.56.520(1), which I extended to
May 11, 2020, as authorized by the leadership of the Washington State Senate and House
of Representatives; and
WHEREAS, on May 11, 2020, under the provisions of RCW 43.06.220(4), the statutory
waiver and suspension of RCW 42.56.520(1) in Proclamation 20-28, 20-28.1, and 20-28.2
were again extended by the leadership of the Washington State Senate and House of
Representatives until the termination of the COVID-19 State of Emergency or May 31,
2020; however, the waiver of RCW 42.56.520(1) no longer applied to requests for public
records received by an agency electronically; and
WHEREAS, on May 12, 2020, I issued Proclamation 20-28.3 acknowledging the
extension of the statutory waiver and suspension therein by the leadership of the
Washington State Senate and House of Representatives until the termination of the
COVID-19 State of Emergency or May 31, 2020, whichever occurs first, and similarly
extending its prohibitions to May 31, 2020, as authorized by the leadership of the
Washington State Senate and House of Representatives; and
WHEREAS on May 29, 2020, under the provisions of RCW 43.06.220(4), the statutory
waiver and suspensions in Proclamation 20-28, as subsequently amended in 20-28.1, 20-
28.2 and 20-28.3 were again extended by the leadership of the Washington State Senate
and House of Representatives until the termination of the COVID-19 State of Emergency
or June 17, 2020;
WHEREAS, the worldwide COVID-19 pandemic and its progression in Washington
State continues to threaten the life and health of our people as well as the economy of
Washington State, and remains a public disaster affecting life, health, property or the
public peace; and
WHEREAS, the Washington State Department of Health continues to maintain a
Public Health Incident Management Team in coordination with the State Emergency
Operations Center and other supporting state agencies to manage the public health
aspects of the incident; and
WHEREAS, the Washington State Military Department Emergency Management
Division, through the State Emergency Operations Center, continues coordinating
resources across state government to support the Department of Health and local health
officials in alleviating the impacts to people, property, and infrastructure, and continues
coordinating with the Department of Health in assessing the impacts and long-term effects
of the incident on Washington State and its people.
NOW, THEREFORE, I, Jay Inslee, Governor of the state of Washington, as a result of
the above-noted situation, and under RCW 38.08, 38.52 and 43.06, do hereby proclaim
that a State of Emergency continues to exist in all counties of Washington State, that
Proclamation 20-05 and all amendments thereto remain in effect as otherwise amended,
and that Proclamations 20-28, 20-28.1, 20-28.2, 20-28.3 are amended to recognize the
extension of the statutory waiver and suspension of RCW 42.56.520(1) by the leadership
of the Washington State Senate and House of Representatives until 11:59 p.m. on June 27,
2020 as described below.
I again direct that the plans and procedures of the Washington State Comprehensive
Emergency Management Plan be implemented throughout state government. State
agencies and departments are directed to continue utilizing state resources and doing
everything reasonably possible to support implementation of the Washington State
Comprehensive Emergency Management Plan and to assist affected political
subdivisions in an effort to respond to and recover from the COVID-19 pandemic.
I continue to order into active state service the organized militia of Washington State to
include the National Guard and the State Guard, or such part thereof as may be necessary
in the opinion of The Adjutant General to address the circumstances described above, to
perform such duties as directed by competent authority of the Washington State Military
Department in addressing the outbreak. Additionally, I continue to direct the Department
of Health, the Washington State Military Department Emergency Management Division,
and other agencies to identify and provide appropriate personnel for conducting necessary
and ongoing incident related assessments.
FURTHERMORE, based on the above situation and under the provisions of RCW
43.06.220(1)(h), I find that RCW 42.30, as applied to all public agencies statewide,
involves the conduct of state business, and to help preserve and maintain life, health,
property or the public peace, I hereby amend Proclamation 20-05, and 20-28 et seq., to
prohibit public agencies as follows:
Any public agency, subject to RCW 42.30, is prohibited from conducting any
meeting, subject to RCW 42.30 unless (a) the meeting is not conducted in-
person and instead provides an option(s) for the public to attend the
proceedings through, at minimum, telephonic access, and may also include
other electronic, internet or other means of remote access, and (b) provides
the ability for all persons attending the meeting to hear each other at the same
time.
Remote meeting resources include the Department of Enterprise Services
Master Contract for teleconferencing and web-based meeting platforms,
which can be found here:
Software Resellers (06016):
https://apps.des.wa.gov/DESContracts/Home/ContractSummary/06016
Cloud Solutions (05116):
https://apps.des.wa.gov/DESContracts/Home/ContractSummary/05116
Other resources can be found online by searching for free conference call services and for
other e-based meeting services. Additional guidance for remote meetings may be found on
at the Municipal Research and Services Center (MRSC, www.mrsc.org).
FURTHERMORE, based on the above noted situation and under the provisions of
RCW 43.06.220(2)(g), I continue to find that strict compliance with the following
portions of statutory and regulatory obligations or limitations will prevent, hinder, or
delay necessary action for coping with the COVID-19 State of Emergency by bringing
people in contact with one another at a time when the virus is rapidly spreading, and that
the language of each statutory provision specified below is hereby waived and
suspended as provided herein until 11:59 p.m. on June 17, 2020:
RCW 42.30.030 – the following words only:
“and all persons shall be permitted to attend any meeting of the governing body
of a public agency, except as otherwise provided in this chapter”
RCW 42.30.040 – in its entirety; however, agencies are strongly encouraged to
utilize a remote meeting option that complies, to the greatest extent possible,
with this statute
RCW 42.30.050 – as to the following word only: “room” in the first sentence
RCW 42.30.070 – as to the following word only: the first usage of “site” - in the
fourth sentence
RCW 42.30.075 – as to the following words only:
“Notice of any change from such meeting schedule shall be published in the state
register for distribution at least twenty days prior to the rescheduled meeting
date.”
RCW 42.30.080(2)(c) – as to the following words only:
“Prominently displayed at the main entrance of the agency's principal location
and the meeting site if it is not held at the agency's principal location.”
RCW 42.30.090 – as to the following words only:
“on or near the door of the place where the regular, adjourned regular, special, or
adjourned special meeting was held.”
FURTHERMORE, based on the above noted situation and under the provisions of
RCW 43.06.220(2)(g), I find that RCW 42.56, as applied to all public agencies statewide
involves the conduct of state business and I also continue to find that strict compliance
with the following statutory and regulatory obligations or limitations will prevent,
hinder, or delay necessary action for coping with the COVID-19 State of Emergency in
responding to public records requests by bringing people in contact with one another at a
time when the virus is rapidly spreading, and that the language of each statutory
provision specified below is hereby waived and suspended as provided herein until
11:59 p.m. on June 17, 2020:
RCW 42.56.080(2), as to the following words only:
“Agency facilities shall be made available to any person for the
o
copying of public records except when and to the extent that this
would unreasonably disrupt the operations of the agency.”
“in person during an agency's normal office hours, or”
o
RCW 42.56.090, as to the first sentence only
RCW 42.56.100, as to the following word only in the first sentence: “full”
RCW 42.56.520(1), as to the following words only in the second sentence:
“Within five business days of receiving a public records request,”
o
This statutory suspension at 42.56.520(1) does not apply to requests
o
for public records received by an agency electronically.
Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5).
Signed and sealed with the official seal of the state of Washington on this 29th day of
May, A.D., Two Thousand and Twenty at Olympia, Washington.
By:
/s/
Jay Inslee, Governor
BY THE GOVERNOR:
/s/
Secretary of State
PROCLAMATION BY THE GOVERNOR
AMENDING AND EXTENDING
PROCLAMATIONS 20-05, 20-28, 20-28.1, 20-28.2, 20-28.3, and 20-28.4
20-28.5
Open Public Meetings Act and Public Records Act
WHEREAS, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State
of Emergency for all counties throughout the state of Washington as a result of the
coronavirus disease 2019 (COVID-19) outbreak in the United States and confirmed
person-to-person spread of COVID-19 in Washington State; and
WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant
progression in Washington State, and the high risk it poses to our most vulnerable
populations, I have subsequently issued amendatory Proclamations 20-06 through 20-53
and 20-55 through 20-57, exercising my emergency powers under RCW 43.06.220 by
prohibiting certain activities and waiving and suspending specified laws and regulations;
and
WHEREAS, the COVID-19 disease, caused by a virus that spreads easily from person
to person which may resultin serious illness or death and has been classified by the
World Health Organization as a worldwide pandemic, has broadly spread throughout
Washington State, seriously increasing the threat of serious associated health risks
statewide; and
WHEREAS, on March 24, 2020, I issued Proclamation 20-28, waiving and suspending
laws and rules concerning RCW 42.56, the Public Records Act, and RCW 42.30, the Open
Public Meetings Act, that require any activity that occurs in an in-person setting to prevent
further spread of the virus; and
WHEREAS, on April 23, 2020, under the provisions of RCW 43.06.220(4), the statutory
waivers and suspensions of Proclamation 20-28 were extended by the leadership of the
Washington State Senate and House of Representatives until the termination of the
COVID-19 State of Emergency or May 4, 2020, whichever occurs first
, and which I
acknowledged and similarly extended the prohibitions therein to until the termination of the
COVID-19 State of Emergency or May 4, 2020, in Proclamation 20-28.1; and
WHEREAS, on May 4, 2020, under the provisions of RCW 43.06.220(4), the statutory
waivers and suspensions of Proclamation 20-28 et seq., were extended by the leadership
of the Washington State Senate and House of Representatives until the termination of the
COVID-19 State of Emergency or May 31, 2020, whichever occurs first
, with the
exception of RCW 42.56.520(1), which the leadership of the Washington State Senate and
House of Representatives extended until the termination of the COVID-19 State of
Emergency or May 11, 2020; and
WHEREAS, on May 5, 2020, I issued Proclamation 20-28.2 acknowledging the
extension of statutory waivers and suspensions therein by the leadership of the
Washington State Senate and House of Representatives until the termination of the
COVID-19 State of Emergency or May 31, 2020, whichever occurs first, and similarly
extending its prohibitions, with the exception of RCW 42.56.520(1), which I extended to
May 11, 2020, as authorized by the leadership of the Washington State Senate and House
of Representatives; and
WHEREAS, on May 11, 2020, under the provisions of RCW 43.06.220(4), the statutory
waiver and suspension of RCW 42.56.520(1) in Proclamation 20-28 et seq., were again
extended by the leadership of the Washington State Senate and House of Representatives
until the termination of the COVID-19 State of Emergency or May 31, 2020; however, the
waiver of RCW 42.56.520(1) no longer applied to requests for public records received by
an agency electronically; and
WHEREAS, on May 12, 2020, I issued Proclamation 20-28.3 acknowledging the
extension of the statutory waiver and suspension therein by the leadership of the
Washington State Senate and House of Representatives until the termination of the
COVID-19 State of Emergency or May 31, 2020, whichever occurs first, and similarly
extending its prohibitions to May 31, 2020, as authorized by the leadership of the
Washington State Senate and House of Representatives; and
WHEREAS on May 29, 2020, under the provisions of RCW 43.06.220(4), the statutory
waiver and suspensions in Proclamation 20-28 et seq., were again extended by the
leadership of the Washington State Senate and House of Representatives until the
termination of the COVID-19 State of Emergency or June 17, 2020; and
WHEREAS, on May 29, 2020, I issued Proclamation 20-28.4 acknowledging the
extension of the statutory waiver and suspension therein by the leadership of the
Washington State Senate and House of Representatives until the termination of the
COVID-19 State of Emergency or June 17, 2020, whichever occurs first, and similarly
extending its prohibitions to June 17, 2020, as authorized by the leadership of the
Washington State Senate and House of Representatives; and
WHEREAS on June 17, 2020, under the provisions of RCW 43.06.220(4), the statutory
waiver and suspensions in Proclamation 20-28 et seq., were again extended by the
leadership of the Washington State Senate and House of Representatives until the
termination of the COVID-19 State of Emergency or 11:59 p.m. on July 1, 2020;
WHEREAS, the worldwide COVID-19 pandemic and its progression in Washington
State continues to threaten the life and health of our people as well as the economy of
Washington State, and remains a public disaster affecting life, health, property or the
public peace; and
2
WHEREAS, the Washington State Department of Health continues to maintain a
Public Health Incident Management Team in coordination with the State Emergency
Operations Center and other supporting state agencies to manage the public health
aspects of the incident; and
WHEREAS, the Washington State Military Department Emergency Management
Division, through the State Emergency Operations Center, continues coordinating
resources across state government to support the Department of Health and local health
officials in alleviating the impacts to people, property, and infrastructure, and continues
coordinating with the Department of Health in assessing the impacts and long-term effects
of the incident on Washington State and its people.
NOW, THEREFORE, I, Jay Inslee, Governor of the state of Washington, as a result of
the above-noted situation, and under RCW 38.08, 38.52 and 43.06, do hereby proclaim
that a State of Emergency continues to exist in all counties of Washington State, that
Proclamation 20-05 and all amendments thereto remain in effect as otherwise amended,
and that Proclamations 20-28 et seq., are amended to recognize the extension of the
statutory waiver and suspension of RCW 42.56.520(1) by the leadership of the
Washington State Senate and House of Representatives until 11:59 p.m. on July 1, 2020,
as described below.
I again direct that the plans and procedures of the Washington State Comprehensive
Emergency Management Plan be implemented throughout state government. State
agencies and departments are directed to continue utilizing state resources and doing
everything reasonably possible to support implementation of the Washington State
Comprehensive Emergency Management Plan and to assist affected political
subdivisions in an effort to respond to and recover from the COVID-19 pandemic.
I continue to order into active state service the organized militia of Washington State to
include the National Guard and the State Guard, or such part thereof as may be necessary
in the opinion of The Adjutant General to address the circumstances described above, to
perform such duties as directed by competent authority of the Washington State Military
Department in addressing the outbreak. Additionally, I continue to direct the Department
of Health, the Washington State Military Department Emergency Management Division,
and other agencies to identify and provide appropriate personnel for conducting necessary
and ongoing incident related assessments.
FURTHERMORE, based on the above situation and under the provisions of RCW
43.06.220(1)(h), I find that RCW 42.30, as applied to all public agencies statewide,
involves the conduct of state business, and to help preserve and maintain life, health,
property or the public peace, I hereby amend Proclamation 20-05, and 20-28 et seq., to
prohibit public agencies as follows:
Any public agency, subject to RCW 42.30, is prohibited from conducting any
meeting, subject to RCW 42.30 unless (a) the meeting is not conducted in-
person and instead provides an option(s) for the public to attend the
proceedings through, at minimum, telephonic access, and may also include
3
other electronic, internet or other means of remote access, and (b) provides
the ability for all persons attending the meeting to hear each other at the same
time.
Remote meeting resources include the Department of Enterprise Services
Master Contract for teleconferencing and web-based meeting platforms,
which can be found here:
Software Resellers (06016):
https://apps.des.wa.gov/DESContracts/Home/ContractSummary/06016
Cloud Solutions (05116):
https://apps.des.wa.gov/DESContracts/Home/ContractSummary/05116
Other resources can be found online by searching for free conference call services and for
other e-based meeting services. Additional guidance for remote meetings may be found on
at the Municipal Research and Services Center (MRSC, www.mrsc.org).
FURTHERMORE, based on the above noted situation and under the provisions of
RCW 43.06.220(2)(g), I continue to find that strict compliance with the following
portions of statutory and regulatory obligations or limitations will prevent, hinder, or
delay necessary action for coping with the COVID-19 State of Emergency by bringing
people in contact with one another at a time when the virus is rapidly spreading, and that
the language of each statutory provision specified below is hereby waived and
suspended as provided herein until 11:59 p.m. on July 1, 2020:
RCW 42.30.030 – the following words only:
“and all persons shall be permitted to attend any meeting of the governing body
of a public agency, except as otherwise provided in this chapter”
RCW 42.30.040 – in its entirety; however, agencies are strongly encouraged to
utilize a remote meeting option that complies, to the greatest extent possible,
with this statute
RCW 42.30.050 – as to the following word only: “room” in the first sentence
RCW 42.30.070 – as to the following word only: the first usage of “site” - in the
fourth sentence
RCW 42.30.075 – as to the following words only:
“Notice of any change from such meeting schedule shall be published in the state
register for distribution at least twenty days prior to the rescheduled meeting
date.”
RCW 42.30.080(2)(c) – as to the following words only:
“Prominently displayed at the main entrance of the agency's principal location
and the meeting site if it is not held at the agency's principal location.”
RCW 42.30.090 – as to the following words only:
“on or near the door of the place where the regular, adjourned regular, special, or
adjourned special meeting was held.”
4
FURTHERMORE, based on the above noted situation and under the provisions of
RCW 43.06.220(2)(g), I find that RCW 42.56, as applied to all public agencies statewide
involves the conduct of state business and I also continue tofind that strict compliance
with the following statutory and regulatory obligations or limitations will prevent,
hinder, or delay necessary action for coping with the COVID-19 State of Emergency in
responding to public records requests by bringing people in contact with one another at a
time when the virus is rapidly spreading, and that the language of each statutory
provision specified below is hereby waived and suspended as provided herein until
11:59 p.m. on July 1, 2020:
RCW 42.56.080(2), as to the following words only:
“Agency facilities shall be made available to any person for the
o
copying of public records except when and to the extent that this
would unreasonably disrupt the operations of the agency.”
“in person during an agency's normal office hours, or”
o
RCW 42.56.090, as to the first sentence only
RCW 42.56.100, as to the following word only in the first sentence: “full”
RCW 42.56.520(1), as to the following words only in the second sentence:
“Within five business days of receiving a public records request,”
o
This statutory suspension at 42.56.520(1) does not apply to requests
o
for public records received by an agency electronically.
Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5).
Signed and sealed with the official seal of the state of Washington on this 18th day of June,
A.D., Two Thousand and Twenty at Olympia, Washington.
By:
/s/
Jay Inslee, Governor
BY THE GOVERNOR:
/s/
Secretary of State
5
PROCLAMATION BY THE GOVERNOR
AMENDING AND EXTENDING
PROCLAMATIONS 20-05 and 20-28 et seq.
20-28.6
Open Public Meetings Act and Public Records Act
WHEREAS, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State
of Emergency for all counties throughout the state of Washington as a result of the
coronavirus disease 2019 (COVID-19) outbreak in the United States and confirmed
person-to-person spread of COVID-19 in Washington State; and
WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant
progression in Washington State, and the high risk it poses to our most vulnerable
populations, I have subsequently issued amendatory Proclamations 20-06 through 20-53
and 20-55 through 20-61, exercising my emergency powers under RCW 43.06.220 by
prohibiting certain activities and waiving and suspending specified laws and regulations;
and
WHEREAS, the COVID-19 disease, caused by a virus that spreads easily from person
to person which may result in serious illness or death and has been classified by the
World Health Organization as a worldwide pandemic, has broadly spread throughout
Washington State, seriously increasing the threat of serious associated health risks
statewide; and
WHEREAS, on March 24, 2020, I issued Proclamation 20-28, waiving and suspending
laws and rules concerning RCW 42.56, the Public Records Act, and RCW 42.30, the Open
Public Meetings Act, that require any activity that occurs in an in-person setting to prevent
further spread of the virus; and
WHEREAS, on April 23, 2020, under the provisions of RCW 43.06.220(4), the statutory
waivers and suspensions of Proclamation 20-28 were extended by the leadership of the
Washington State Senate and House of Representatives until the termination of the
COVID-19 State of Emergency or May 4, 2020, whichever occurs first, and which I
acknowledged and similarly extended the prohibitions therein to until the termination of
the COVID-19 State of Emergency or May 4, 2020, whichever occurs first, in
Proclamation 20-28.1; and
WHEREAS, on May 4, 2020, under the provisions of RCW 43.06.220(4), the statutory
waivers and suspensions of Proclamation 20-28 et seq., were extended by the leadership
of the Washington State Senate and House of Representatives until the termination of the
COVID-19 State of Emergency or May 31, 2020, whichever occurs first, with the
exception of RCW 42.56.520(1), which the leadership of the Washington State Senate
and House of Representatives extended until the termination of the COVID-19 State of
Emergency or May 11, 2020, whichever occurs first; and
WHEREAS, on May 5, 2020, I issued Proclamation 20-28.2 acknowledging the
extension of statutory waivers and suspensions therein by the leadership of the
Washington State Senate and House of Representatives until the termination of the
COVID-19 State of Emergency or May 31, 2020, whichever occurs first, and similarly
extending its prohibitions, with the exception of RCW 42.56.520(1), which I extended to
May 11, 2020, as authorized by the leadership of the Washington State Senate and House
of Representatives; and
WHEREAS, on May 11, 2020, under the provisions of RCW 43.06.220(4), the statutory
waiver and suspension of RCW 42.56.520(1) in Proclamation 20-28 et seq., were again
extended by the leadership of the Washington State Senate and House of Representatives
until the termination of the COVID-19 State of Emergency or May 31, 2020; however, the
waiver of RCW 42.56.520(1) no longer applied to requests for public records received by
an agency electronically; and
WHEREAS, on May 12, 2020, I issued Proclamation 20-28.3 acknowledging the
extension of the statutory waiver and suspension therein by the leadership of the
Washington State Senate and House of Representatives until the termination of the
COVID-19 State of Emergency or May 31, 2020, whichever occurs first, and similarly
extending its prohibitions to May 31, 2020, as authorized by the leadership of the
Washington State Senate and House of Representatives; and
WHEREAS on May 29, 2020, under the provisions of RCW 43.06.220(4), the statutory
waiver and suspensions in Proclamation 20-28 et seq., were again extended by the
leadership of the Washington State Senate and House of Representatives until the
termination of the COVID-19 State of Emergency or June 17, 2020; and
WHEREAS, on May 29, 2020, I issued Proclamation 20-28.4 acknowledging the
extension of the statutory waiver and suspension therein by the leadership of the
Washington State Senate and House of Representatives until the termination of the
COVID-19 State of Emergency or June 17, 2020, whichever occurs first, and similarly
extending its prohibitions until the termination of the COVID-19 State of Emergency or
June 17, 2020, whichever occurs first; and
WHEREAS on June 17, 2020, under the provisions of RCW 43.06.220(4), the statutory
waiver and suspensions in Proclamation 20-28 et seq., were again extended by the
leadership of the Washington State Senate and House of Representatives until the
termination of the COVID-19 State of Emergency or 11:59 p.m. on July 1, 2020,
whichever occurs first, which I acknowledged and similarly extended the prohibitions
therein to until the termination of the COVID-19 State of Emergency or July 1, 2020,
whichever occurs first, in Proclamation 20-28.5; and
2
WHEREAS on July 1, 2020, under the provisions of RCW 43.06.220(4), the statutory
waiver and suspensions in Proclamation 20-28 et seq., were again extended by the
leadership of the Washington State Senate and House of Representatives until the
termination of the COVID-19 State of Emergency or 11:59 p.m. on July 7, 2020,
whichever occurs first; and
WHEREAS, the Washington State Department of Health continues to maintain a
Public Health Incident Management Team in coordination with the State Emergency
Operations Center and other supporting state agencies to manage the public health
aspects of the incident; and
WHEREAS, the Washington State Military Department Emergency Management
Division, through the State Emergency Operations Center, continues coordinating
resources across state government to support the Department of Health and local health
officials in alleviating the impacts to people, property, and infrastructure, and continues
coordinating with the Department of Health in assessing the impacts and long-term effects
of the incident on Washington State and its people.
NOW, THEREFORE, I, Jay Inslee, Governor of the state of Washington, as a result of
the above-noted situation, and under RCW 38.08, 38.52 and 43.06, do hereby proclaim
that a State of Emergency continues to exist in all counties of Washington State, that
Proclamation 20-05 and all amendments thereto remain in effect as otherwise amended,
and that Proclamations 20-28 et seq., are amended to recognize the extension of the
statutory waiver and suspension of RCW 42.56.520(1) by the leadership of the
Washington State Senate and House of Representatives until 11:59p.m. on July 7, 2020,
as described below.
I again direct that the plans and procedures of the Washington State Comprehensive
Emergency Management Plan be implemented throughout state government. State
agencies and departments are directed to continue utilizing state resources and doing
everything reasonably possible to support implementation of the Washington State
Comprehensive Emergency Management Plan and to assist affected political
subdivisions in an effort to respond to and recover from the COVID-19 pandemic.
I continue to order into active state service the organized militia of Washington State to
include the National Guard and the State Guard, or such part thereof as may be necessary
in the opinion of The Adjutant General to address the circumstances described above, to
perform such duties as directed by competent authority of the Washington State Military
Department in addressing the outbreak. Additionally, I continue to direct the Department
of Health, the Washington State Military Department Emergency Management Division,
and other agencies to identify and provide appropriate personnel for conducting necessary
and ongoing incident related assessments.
FURTHERMORE, based on the above situation and under the provisions of RCW
43.06.220(1)(h), I find that RCW 42.30, as applied to all public agencies statewide,
involves the conduct of state business, and to help preserve and maintain life, health,
property or the public peace, I hereby amend Proclamation 20-05, and 20-28 et seq., to
prohibit public agencies as follows:
3
Any public agency subject to RCW 42.30 is prohibited from conducting a
public meeting subject to RCW 42.30 unless (a) the meeting is not conducted
in-person and instead provides an option(s) for the public to attend the
proceedings through, at minimum, telephonic access, and may also include
other electronic, internet or other means of remote access, and (b) provides
the ability for all persons attending the meeting to hear each other at the same
time.
As an exception to the above prohibition, public agencies holding public
meetings in counties currently in Phase 3 of the Safe Start Washington
Phased Reopening County-by-County Plan may, at their option and in
addition to hosting the remote meeting elements described above, include an
in-person component to a public meeting if all of the following requirements
are followed:
a) Compliance with all provisions of the Safe Start Washington
Phased Reopening County-by-County Plan found here, including
but not limited to the requirements that in-person gatherings are
limited to 50 persons, and that all attendees are required to be
separated by six feet;
b) Compliance withall provisions of Proclamation 20-25 et seq. Safe
Start-Stay Healthy,
c) Compliance with the Order of the Secretary of Health 20-03;
d) Notice of the physical location shall be included as required by
RCW Chapter 42.30;
e)Ifan in-person component public meeting is offered, any person
wishing to attend the public meeting in person must be able to do
so at a physical location meeting all requirements herein, either in
a primary meeting location or an overflow physical location that
provides the ability for all persons attending the meeting to hear
each other at the same time; and
f) If at any time during the public meeting the in-person component
cannot comply with each of the requirements herein, the public
meeting (to include the telephonic/remote access portions) must
be adjourned, continued, or otherwise terminated. When
compliance is restored, the meeting may resume.
Remote meeting resources include the Department of Enterprise Services Master
Contract for teleconferencing and web-based meeting platforms, which can be
found here:
Software Resellers (06016):
https://apps.des.wa.gov/DESContracts/Home/ContractSummary/06016
Cloud Solutions (05116):
https://apps.des.wa.gov/DESContracts/Home/ContractSummary/05116
4
Other resources can be found online by searching for free conference call services and for
other e-based meeting services. Additional guidance for remote meetings may be found on
at the Municipal Research and Services Center (MRSC, www.mrsc.org).
FURTHERMORE, based on the above noted situation and under the provisions of
RCW 43.06.220(2)(g), I continue to find that strict compliance with the following
portions of statutory and regulatory obligations or limitations will prevent, hinder, or
delay necessary action for coping with the COVID-19 State of Emergency by bringing
people in contact with one another at a time when the virus is rapidly spreading, and that
the language of each statutory provision specified below is hereby waived and
suspended as provided herein until 11:59 p.m. on July 7, 2020:
RCW 42.30.030 – the following words only:
“and all persons shall be permitted to attend any meeting of the governing body
of a public agency, except as otherwise provided in this chapter”
RCW 42.30.040 – in its entirety; however, agencies are strongly encouraged to
utilize a remote meeting option that complies, to the greatest extent possible,
with this statute
RCW 42.30.050 – as to the following word only: “room” in the first sentence
RCW 42.30.070 – as to the following word only: the first usage of “site” - in the
fourth sentence
RCW 42.30.075 – as to the following words only:
“Notice of any change from such meeting schedule shall be published in the state
register for distribution at least twenty days prior to the rescheduled meeting
date.”
RCW 42.30.080(2)(c) – as to the following words only:
“Prominently displayed at the main entrance of the agency's principal location
and the meeting site if it is not held at the agency's principal location.”
RCW 42.30.090 – as to the following words only:
“on or near the door of the place where the regular, adjourned regular, special, or
adjourned special meeting was held.”
FURTHERMORE, based on the above noted situation and under the provisions of
RCW 43.06.220(2)(g), I find that RCW 42.56, as applied to all public agencies statewide
involves the conduct of state business and I also continue to find that strict compliance
with the following statutory and regulatory obligations or limitations will prevent,
hinder, or delay necessary action for coping with the COVID-19 State of Emergency in
responding to public records requests by bringing people in contact with one another at a
time when the virus is rapidly spreading, and that the language of each statutory
provision specified below is hereby waived and suspended as provided herein until
11:59 p.m. on July 7, 2020:
RCW 42.56.080(2), as to the following words only:
“Agency facilities shall be made available to any person for the
o
copying of public records except when and to the extent that this
would unreasonably disrupt the operations of the agency.”
“in person during an agency's normal office hours, or”
o
5
RCW 42.56.090, as to the first sentence only
RCW 42.56.100, as to the following word only in the first sentence: “full”
RCW 42.56.520(1), as to the following words only in the second sentence:
“Within five business days of receiving a public records request,”
o
This statutory suspension at 42.56.520(1) does not apply to requests
o
for public records received by an agency electronically.
Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5).
Signed and sealed with the official seal of the state of Washington on this 2nd day of July,
A.D., Two Thousand and Twenty at Olympia, Washington.
By:
/s/
Jay Inslee, Governor
BY THE GOVERNOR:
/s/
Secretary of State
6
PROCLAMATION BY THE GOVERNOR
AMENDING AND EXTENDING
PROCLAMATIONS 20-05 and 20-28 et seq.
20-28.7 - corrected
Open Public Meetings Act and Public Records Act
WHEREAS
, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State of
Emergency for all counties throughout the state of Washington as a result of the coronavirus
disease 2019 (COVID-19) outbreak in the United States and confirmed person-to-person
spread of COVID-19 in Washington State; and
WHEREAS,
as a result of the continued worldwide spread of COVID-19, its significant
progression in Washington State, and the high risk it poses to our most vulnerable populations,
I have subsequently issued amendatory Proclamations 20-06 through 20-53 and 20-55 through
20-62, exercising my emergency powers under RCW 43.06.220 by prohibiting certain activities
and waiving and suspending specified laws and regulations; and
WHEREAS,
the COVID-19 disease, caused by a virus that spreads easily from person to
person which may result in serious illness or death and has been classified by the World
Health Organization as a worldwide pandemic, has broadly spread throughout Washington
State, seriously increasing the threat of serious associated health risks statewide; and
WHEREAS,
on March 24, 2020, I issued Proclamation 20-28, waiving and suspending laws
and rules concerning RCW 42.56, the Public Records Act, and RCW 42.30, the Open Public
Meetings Act, that require any activity that occurs in an in-person setting to prevent further
spread of the virus; and
WHEREAS,
on April 23, 2020, under the provisions of RCW 43.06.220(4), the statutory
waivers and suspensions of Proclamation 20-28 were extended by the leadership of the
Washington State Senate and House of Representatives until the termination of the COVID-19
State of Emergency or May 4, 2020, whichever occurs first, and which I acknowledged and
similarly extended the prohibitions therein to until the termination of the COVID-19 State of
Emergency or May 4, 2020, whichever occurs first, in Proclamation 20-28.1; and
WHEREAS,
on May 4, 2020, under the provisions of RCW 43.06.220(4), the statutory
waivers and suspensions of Proclamation 20-28 et seq., were extended by the leadership of the
Washington State Senate and House of Representatives until the termination of the COVID-19
State of Emergency or May 31, 2020, whichever occurs first, with the exception of RCW
42.56.520(1), which the leadership of the Washington State Senate and House of
Representatives extended until the termination of the COVID-19 State of Emergency or
May 11, 2020, whichever occurs first; and
WHEREAS
, on May 5, 2020, I issued Proclamation 20-28.2 acknowledging the extension of
statutory waivers and suspensions therein by the leadership of the Washington State Senate and
House of Representatives until the termination of the COVID-19 State of Emergency or
May 31, 2020, whichever occurs first, and similarly extending its prohibitions, with the
exception of RCW 42.56.520(1), which I extended to May 11, 2020, as authorized by the
leadership of the Washington State Senate and House of Representatives; and
WHEREAS,
on May 11, 2020, under the provisions of RCW 43.06.220(4), the statutory waiver
and suspension of RCW 42.56.520(1) in Proclamation 20-28 et seq., were again extended by
the leadership of the Washington State Senate and House of Representatives until the
termination of the COVID-19 State of Emergency or May 31, 2020; however, the waiver
of RCW 42.56.520(1) no longer applied to requests for public records received by an agency
electronically; and
WHEREAS
, on May 12, 2020, I issued Proclamation 20-28.3 acknowledging the extension of
the statutory waiver and suspension therein by the leadership of the Washington State Senate
and House of Representatives until the termination of the COVID-19 State of Emergency or
May 31, 2020, whichever occurs first, and similarly extending its prohibitions to May 31, 2020,
as authorized by the leadership of the Washington State Senate and House of Representatives;
and
WHEREAS
on May 29, 2020, under the provisions of RCW 43.06.220(4), the statutory waiver
and suspensions in Proclamation 20-28 et seq., were again extended by the leadership of the
Washington State Senate and House of Representatives until the termination of the COVID-19
State of Emergency or June 17, 2020; and
WHEREAS,
on May 29, 2020, I issued Proclamation 20-28.4 acknowledging the extension of
the statutory waiver and suspension therein by the leadership of the Washington State Senate
and House of Representatives until the termination of the COVID-19 State of Emergency or
June 17, 2020, whichever occurs first, and similarly extending its prohibitions until the
termination of the COVID-19 State of Emergency or June 17, 2020, whichever occurs first; and
WHEREAS
on June 17, 2020, under the provisions of RCW 43.06.220(4), the statutory waiver
and suspensions in Proclamation 20-28 et seq., were again extended by the leadership of the
Washington State Senate and House of Representatives until the termination of the COVID-19
State of Emergency or 11:59 p.m. on July 1, 2020, whichever occurs first, which I
acknowledged and similarly extended the prohibitions therein to until the termination of the
COVID-19 State of Emergency or July 1, 2020, whichever occurs first, in Proclamation
20-28.5; and
2
WHEREAS
on July 1, 2020, under the provisions of RCW 43.06.220(4), the statutory waiver
and suspensions in Proclamation 20-28 et seq., were again extended by the leadership of the
Washington State Senate and House of Representatives until the termination of the COVID-19
State of Emergency or 11:59 p.m. on July 7, 2020, whichever occurs first, which I
acknowledged and similarly extended the prohibitions therein to until the termination of the
COVID-19 State of Emergency or July 1, 2020, whichever occurs first, in Proclamation
20-28.6; and
WHEREAS
on July 7, 2020, under the provisions of RCW 43.06.220(4), the statutory
waiver and suspensions in Proclamation 20-28 et seq., were again extended by the
leadership of the Washington State Senate and House of Representatives until the
termination of the COVID-19 State of Emergency or 11:59 p.m. on August 1, 2020,
whichever occurs first; and
WHEREAS
, the Washington State Department of Health continues to maintain a Public
Health Incident Management Team in coordination with the State Emergency Operations
Center and other supporting state agencies to manage the public health aspects of the
incident; and
WHEREAS
, the Washington State Military Department Emergency Management Division,
through the State Emergency Operations Center, continues coordinating resources across state
government to support the Department of Health and local health officials in alleviating the
impacts to people, property, and infrastructure, and continues coordinating with the Department
of Health in assessing the impacts and long-term effects of the incident on Washington State and
its people.
NOW, THEREFORE
, I, Jay Inslee, Governor of the state of Washington, as a result of the
above-noted situation, and under RCW 38.08, 38.52 and 43.06, do hereby proclaim that a State
of Emergency continues to exist in all counties of Washington State, that Proclamation 20-05
and all amendments thereto remain in effect as otherwise amended, and that Proclamations 20-
28 et seq., are amended to (1) recognize the extension of the statutory waivers and suspensions
of RCW 42.56 and RCW 42.30 by the leadership of the Washington State Senate and House of
Representatives until 11:59 p.m. on August 1, 2020, and (2) similarly extend the prohibitions
therein to 11:59 p.m. on August 1, 2020.
I again direct that the plans and procedures of the Washington State Comprehensive
Emergency Management Plan be implemented throughout state government. State agencies
and departments are directed to continue utilizing state resources and doing everything
reasonably possible to support implementation of the Washington State Comprehensive
Emergency Management Plan and to assist affected political subdivisions in an effort to
respond to and recover from the COVID-19 pandemic.
I continue to order into active state service the organized militia of Washington State to include
the National Guard and the State Guard, or such part thereof as may be necessary in the opinion
of The Adjutant General to address the circumstances described above, to perform such duties
as directed by competent authority of the Washington State Military Department in addressing
3
the outbreak. Additionally, I continue to direct the Department of Health, the Washington State
Military Department Emergency Management Division, and other agencies to identify and
provide appropriate personnel for conducting necessary and ongoing incident related
assessments.
Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5).
Signed and sealed with the official seal of the state of Washington on this 8th day of July, A.D.,
Two Thousand and Twenty at Olympia, Washington.
By:
/s/
Jay Inslee, Governor
BY THE GOVERNOR:
/s/
Secretary of State
4
PROCLAMATION BY THE GOVERNOR
AMENDING AND EXTENDING
PROCLAMATIONS 20-05 and 20-28,et seq.
20-28.8
Open Public Meetings Act and Public Records Act
WHEREAS, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State of
Emergency for all counties throughout the state of Washington as a result of the coronavirus
disease 2019 (COVID-19) outbreak in the United States and confirmed person-to-person
spread of COVID-19 in Washington State; and
WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant
progression in Washington State, and the high risk it poses to our most vulnerable populations,
I have subsequently issued amendatory Proclamations 20-06 through 20-53 and 20-55 through
20-64, exercising my emergency powers under RCW 43.06.220 by prohibiting certain activities
and waiving and suspending specified laws and regulations; and
WHEREAS, the COVID-19 disease, caused by a virus that spreads easily from person to
person which may result in serious illness or death and has been classified by the World
Health Organization as a worldwide pandemic, continues to broadly spread throughout
Washington State, seriously increasing the threat of serious associated health risks statewide;
and
WHEREAS, on March 24, 2020, I issued Proclamation 20-28, waiving and suspending laws
and rules concerning RCW 42.56, the Public Records Act, and RCW 42.30, the Open Public
Meetings Act, that require any activity that occurs in an in-person setting to prevent further
spread of the virus; and
WHEREAS, on April 23, 2020, under the provisions of RCW 43.06.220(4), the statutory
waivers and suspensions of Proclamation 20-28 were extended by the leadership of the
Washington State Senate and House of Representatives until the termination of the COVID-19
State of Emergency or May 4, 2020, whichever occurs first, and which I acknowledged and
similarly extended the prohibitions therein to until the termination of the COVID-19 State of
Emergency or May 4, 2020, whichever occurs first, in Proclamation 20-28.1; and
WHEREAS, on May 4, 2020, under the provisions of RCW 43.06.220(4), the statutory
waivers and suspensions of Proclamation 20-28, et seq., were extended by the leadership of the
Washington State Senate and House of Representatives until the termination of the COVID-19
State of Emergency or May 11, 2020, whichever occurs first, with the exception of RCW
42.56.520(1), which the leadership of the Washington State Senate and House of
Representatives extended until the termination of the COVID-19 State of Emergency or
May11, 2020, whichever occurs first, and which I acknowledged and similarly extended the
prohibitions therein to until the termination of the COVID-19 State of Emergency or May 11,
2020, whichever occurs first, in Proclamation 20-28.2; and
WHEREAS, on May 11, 2020, under the provisions of RCW 43.06.220(4), the statutory waiver
and suspension of RCW 42.56.520(1) in Proclamation 20-28, et seq., were again extended by
the leadership of the Washington State Senate and House of Representatives until the
termination of the COVID-19 State of Emergency or May 31, 2020 (wherein the waiver
of RCW 42.56.520(1) no longer applied to requests for public records received by an agency
electronically), and which I acknowledged and similarly extended the prohibitions therein to
until the termination of the COVID-19 State of Emergency or May 31, 2020, whichever occurs
first, in Proclamation 20-28.3; and
WHEREAS on May 29, 2020, under the provisions of RCW 43.06.220(4), the statutory waiver
and suspensions in Proclamation 20-28, et seq., were again extended by the leadership of the
Washington State Senate and House of Representatives until the termination of the COVID-19
State of Emergency or June 17, 2020, and which I acknowledged and similarly extended the
prohibitions therein to until the termination of the COVID-19 State of Emergency or June 17,
2020, whichever occurs first, in Proclamation 20-28.4; and
WHEREAS on June 17, 2020, under the provisions of RCW 43.06.220(4), the statutory waiver
and suspensions in Proclamation 20-28, et seq., were again extended by the leadership of the
Washington State Senate and House of Representatives until the termination of the COVID-19
State of Emergency or 11:59 p.m. on July 1, 2020, whichever occurs first, which I
acknowledged and similarly extended the prohibitions therein to until the termination of the
COVID-19 State of Emergency or July 1, 2020, whichever occurs first, in Proclamation
20-28.5; and
WHEREAS on July 1, 2020, under the provisions of RCW 43.06.220(4), the statutory waiver
and suspensions in Proclamation 20-28, et seq., were again extended by the leadership of the
Washington State Senate and House of Representatives until the termination of the COVID-19
State of Emergency or 11:59 p.m. on July 7, 2020, whichever occurs first, which I
acknowledged and similarly extended the prohibitions therein to until the termination of the
COVID-19 State of Emergency or July 7, 2020, whichever occurs first, in Proclamation
20-28.6; and
WHEREAS on July 7, 2020, under the provisions of RCW 43.06.220(4), the statutory
waiver and suspensions in Proclamation 20-28, et seq., were again extended by the
leadership of the Washington State Senate and House of Representatives until the
termination of the COVID-19 State of Emergency or 11:59 p.m. on August 1, 2020,
whichever occurs first, which I acknowledged and similarly extended the prohibitions
therein to until the termination of the COVID-19 State of Emergency or August 1, 2020,
whichever occurs first, in Proclamation 20-28.7-corrected; and
2
WHEREAS on July 30, 2020, under the provisions of RCW 43.06.220(4), the statutory
waiver and suspensions in Proclamation 20-28,et seq., were again extended by the
leadership of the Washington State Senate and House of Representatives until the
termination of the COVID-19 State of Emergency or 11:59 p.m. on September1, 2020,
whichever occurs first; and
WHEREAS, to fully extend Proclamations 20-28, et seq., it is also necessary for me to extend
the prohibitions provided therein; and
WHEREAS, the Washington State Department of Health continues to maintain a Public
Health Incident Management Team in coordination with the State Emergency Operations
Center and other supporting state agencies to manage the public health aspects of the
incident; and
WHEREAS, the Washington State Military Department Emergency Management Division,
through the State Emergency Operations Center, continues coordinating resources across state
government to support the Department of Health and local health officials in alleviating the
impacts to people, property, and infrastructure, and continues coordinating with the Department
of Health in assessing the impacts and long-term effects of the incident on Washington State and
its people.
NOW, THEREFORE, I, Jay Inslee, Governor of the state of Washington, as a result of the
above-noted situation, and under RCW 38.08, 38.52, and 43.06, do hereby proclaim that a
State of Emergency continues to exist in all counties of Washington State, that Proclamation
20-05 and all amendments thereto remain in effect as otherwise amended, and that
Proclamations 20-28, et seq., are amended to (1) recognize the extension of the statutory
waivers and suspensions of RCW 42.56 and RCW 42.30 by the leadership of the Washington
State Senate and House of Representatives until 11:59 p.m. on September 1, 2020, and (2)
similarly extend the prohibitions therein to 11:59 p.m. on September 1, 2020, as described
below.
I again direct that the plans and procedures of the Washington State Comprehensive
Emergency Management Plan be implemented throughout state government. State agencies
and departments are directed to continue utilizing state resources and doing everything
reasonably possible to support implementation of the Washington State Comprehensive
Emergency Management Plan and to assist affected political subdivisions in an effort to
respond to and recover from the COVID-19 pandemic.
I continue to order into active state service the organized militia of Washington State to include
the National Guard and the State Guard, or such part thereof as may be necessary in the opinion
of The Adjutant General to address the circumstances described above, to perform such duties
as directed by competent authority of the Washington State Military Department in addressing
the outbreak. Additionally, I continue to direct the Department of Health, the Washington State
Military Department Emergency Management Division, and other agencies to identify and
provide appropriate personnel for conducting necessary and ongoing incident related
assessments.
3
FURTHERMORE, based on the above situation and under the provisions of RCW
43.06.220(1)(h), I find that RCW 42.30, as applied to all public agencies statewide, involves the
conduct of state business, and to help preserve and maintain life, health, property or the public
peace, I hereby amend Proclamation 20-05, and 20-28 et seq., to prohibit public agencies as
follows:
Any public agency subject to RCW 42.30 is prohibited from conducting a public
meeting subject to RCW 42.30 unless (a) the meeting is not conducted in-person
and instead provides an option(s) for the public to attend the proceedings through,
at minimum, telephonic access, and may also include other electronic, internet or
other means of remote access, and (b) provides the ability for all persons attending
the meeting to hear each other at the same time.
As an exception to the above prohibition, public agencies holding public meetings
in counties currently in Phase 3 of the Safe Start Washington Phased Reopening
County-by-County Plan may, at their option and in addition to hosting the remote
meeting elements described above, include an in-person component to a public
meeting if all of the following requirements are met:
a) Compliance with all provisions of the Safe Start Washington Phased
Reopening County-by-County Plan found here, including but not limited
to adherence to the requirements that in-person gatherings are limited to
the maximum number of persons allowed per the Phase of the county in
which the public meeting is being held, and that all attendees are
required to be separated by at least six feet and wear a face covering;
b) Compliance with all provisions of Proclamation 20-25 et seq. Safe Start-
Stay Healthy,
c)Compliance with the Order of the Secretary of Health 20-03;
d) Notice of the physical location shall be included as required by RCW
Chapter 42.30;
e)If an in-person component public meeting is offered, any person
wishing to attend the public meeting in person must be able to do so at a
physical location meeting all requirements herein, either in a primary
meeting location or an overflow physical location that provides the
ability for all persons attending the meeting to hear each other at the
same time; and
f) If at any time during the public meeting the in-person component cannot
comply with each of the requirements herein, the public meeting (to
include the telephonic/remote access portions) must be recessed until
compliance is restored or if compliance cannot be restored then it must
be adjourned, continued, or otherwise terminated.
Remote meeting resources include the Department of Enterprise Services Master
Contract for teleconferencing and web-based meeting platforms, which can be found
here:
4
Software Resellers (06016):
https://apps.des.wa.gov/DESContracts/Home/ContractSummary/06016
Cloud Solutions (05116):
https://apps.des.wa.gov/DESContracts/Home/ContractSummary/05116
Other resources can be found online by searching for free conference call services and for other
e-based meeting services. Additional guidance for remote meetings may be found on at the
Municipal Research and Services Center (MRSC, www.mrsc.org).
FURTHERMORE, based on the above noted situation and under the provisions of RCW
43.06.220(2)(g), I continue to find that strict compliance with the following portions of
statutory and regulatory obligations or limitations will prevent, hinder, or delay necessary
action for coping with the COVID-19 State of Emergency by bringing people in contact with
one another at a time when the virus is rapidly spreading, and that the language of each
statutory provision specified below is hereby waived and suspended as provided herein until
11:59 p.m. on September 1, 2020:
RCW 42.30.030 – the following words only:
“and all persons shall be permitted to attend any meeting of the governing body of a
public agency, except as otherwise provided in this chapter”
RCW 42.30.040 – in its entirety; however, agencies are strongly encouraged to utilize a
remote meeting option that complies, to the greatest extent possible, with this statute
RCW 42.30.050 – as to the following word only: “room” in the first sentence
RCW 42.30.070 – as to the following word only: the first usage of “site” - in the fourth
sentence
RCW 42.30.075 – as to the following words only:
“Notice of any change from such meeting schedule shall be published in the state
register for distribution at least twenty days prior to the rescheduled meeting date.”
RCW 42.30.080(2)(c) – as to the following words only:
“Prominently displayed at the main entrance of the agency's principal location and the
meeting site if it is not held at the agency's principal location.”
RCW 42.30.090 – as to the following words only:
“on or near the door of the place where the regular, adjourned regular, special, or
adjourned special meeting was held.”
FURTHERMORE, based on the above noted situation and under the provisions of RCW
43.06.220(2)(g), I find that RCW 42.56, as applied to all public agencies statewide involves
the conduct of state business and I also continue to find that strict compliance with the
following statutory and regulatory obligations or limitations will prevent, hinder, or delay
necessary action for coping with the COVID-19 State of Emergency in responding to public
records requests by bringing people in contact with one another at a time when the virus is
rapidly spreading, and that the language of each statutory provision specified below is hereby
waived and suspended as provided herein until 11:59 p.m. on September 1, 2020:
5
RCW 42.56.080(2), as to the following words only:
“Agency facilities shall be made available to any person for the copying of
o
public records except when and to the extent that this would unreasonably
disrupt the operations of the agency.”
“in person during an agency's normal office hours, or”
o
RCW 42.56.090, as to the first sentence only
RCW 42.56.100, as to the following word only in the first sentence: “full”
RCW 42.56.520(1), as to the following words only in the second sentence:
“Within five business days of receiving a public records request,”
o
This statutory suspension at 42.56.520(1) does not apply to requests for
o
public records received by an agency electronically.
Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5).
Signed and sealed with the official seal of the state of Washington on this 31st day of July, A.D.,
Two Thousand and Twenty at Olympia, Washington.
By:
/s/
Jay Inslee, Governor
BY THE GOVERNOR:
/s/
Secretary of State
6
PROCLAMATION BY THE GOVERNOR
AMENDING AND EXTENDING
PROCLAMATIONS 20-05 and 20-28,et seq.
20-28.9
Open Public Meetings Act and Public Records Act
WHEREAS, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State
of Emergency for all counties throughout the state of Washington as a result of the
coronavirus disease 2019 (COVID-19) outbreak in the United States and confirmed
person-to-person spread of COVID-19 in Washington State; and
WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant
progression in Washington State, and the high risk it poses to our most vulnerable
populations, I have subsequently issued amendatory Proclamations 20-06 through 20-53,
20-55 through 20-67, and 20-69 through 20-70,, exercising my emergency powers under
RCW 43.06.220 by prohibiting certain activities and waiving and suspending specified
laws and regulations; and
WHEREAS, the COVID-19 disease, caused by a virus that spreads easily from person
to person which may result in serious illness or death and has been classified by the
World Health Organization as a worldwide pandemic, continues to broadly spread
throughout Washington State, seriously increasing the threat of serious associated health
risks statewide; and
WHEREAS, on March 24, 2020, I issued Proclamation 20-28, waiving and suspending
laws and rules concerning RCW 42.56, the Public Records Act, and RCW 42.30, the Open
Public Meetings Act, that require any activity that occurs in an in-person setting to prevent
further spread of the virus; and
WHEREAS, under the provisions of RCW 43.06.220(4), the statutory waivers and
suspensions of Proclamation 20-28, et seq., have been periodically extended by the
leadership of the Washington State Senate and House of Representatives, and which I
have acknowledged and similarly extended the prohibitions therein in subsequent
sequentially numbered proclamations; and
WHEREAS on August 31, 2020, under the provisions of RCW 43.06.220(4), the
statutory waivers and suspensions in Proclamation 20-28,et seq., were again extended
by the leadership of the Washington State Senate and House of Representatives until
the termination of the COVID-19 State of Emergency or 11:59 p.m. on October 1,
2020, whichever occurs first; and
WHEREAS, to fully extend Proclamations 20-28, et seq., it is also necessary for me to
extend the prohibitions provided therein; and
WHEREAS, the Washington State Department of Health continues to maintain a
Public Health Incident Management Team in coordination with the State Emergency
Operations Center and other supporting state agencies to manage the public health
aspects of the incident; and
WHEREAS, the Washington State Military Department Emergency Management
Division, through the State Emergency Operations Center, continues coordinating
resources across state government to support the Department of Health and local health
officials in alleviating the impacts to people, property, and infrastructure, and continues
coordinating with the Department of Health in assessing the impacts and long-term effects
of the incident on Washington State and its people.
NOW, THEREFORE, I, Jay Inslee, Governor of the state of Washington, as a result of
the above-noted situation, and under RCW 38.08, 38.52, and 43.06, do hereby proclaim
that a State of Emergency continues to exist in all counties of Washington State, that
Proclamation 20-05 and all amendments thereto remain in effect as otherwise amended,
and that Proclamations 20-28, et seq., are amended to (1) recognize the extension of the
statutory waivers and suspensions of RCW 42.56 and RCW 42.30 by the leadership of
the Washington State Senate and House of Representatives until 11:59 p.m. on October
1, 2020, and (2) similarly extend the prohibitions therein to 11:59 p.m. on October 1,
2020, as described below.
I again direct that the plans and procedures of the Washington State Comprehensive
Emergency Management Plan be implemented throughout state government. State
agencies and departments are directed to continue utilizing state resources and doing
everything reasonably possible to support implementation of the Washington State
Comprehensive Emergency Management Plan and to assist affected political
subdivisions in an effort to respond to and recover from the COVID-19 pandemic.
I continue to order into active state service the organized militia of Washington State to
include the National Guard and the State Guard, or such part thereof as may be necessary
in the opinion of The Adjutant General to address the circumstances described above, to
perform such duties as directed by competent authority of the Washington State Military
2
Department in addressing the outbreak. Additionally, I continue to direct the Department
of Health, the Washington State Military Department Emergency Management Division,
and other agencies to identify and provide appropriate personnel for conducting necessary
and ongoing incident related assessments.
Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5).
Signed and sealed with the official seal of the state of Washington on this 2nd day of
September, A.D., Two Thousand and Twenty at Olympia, Washington.
By:
/s/
Jay Inslee, Governor
BY THE GOVERNOR:
/s/
Secretary of State
3
PROCLAMATION BY THE GOVERNOR
AMENDING AND EXTENDING
PROCLAMATIONS 20-05, 20-68, and 20-28, et seq.
20-28.10
Wildfire-Related Exemptions to
Open Public Meetings Act Proclamations
WHEREAS
, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State of
Emergency for all counties throughout the state of Washington as a result of the coronavirus
disease 2019 (COVID-19) outbreak in the United States and confirmed person-to-person
spread of COVID-19 in Washington State; and
WHEREAS,
as a result of the continued worldwide spread of COVID-19, its significant
progression in Washington State, and the continued high risk it poses to our most vulnerable
populations, I have subsequently issued amendatory Proclamations 20-06 through 20-53, 20-55
through 20-64 and 20-69 through 20-71, exercising my emergency powers under RCW
43.06.220 by prohibiting certain activities and waiving and suspending specified laws and
regulations; and
WHEREAS,
to curtail the spread of the COVID-19 pandemic in Washington State by limiting
person-to-person contact through social distancing and limiting in-person interactions. I issued
Proclamation 20-25, et seq., which during the early stages of the COVID-19 pandemic
prohibited all people in Washington State from leaving their homes except under certain
circumstances and limitations, and then transitioned to a phased reopening of counties in
accordance with specific guidance issued by my office and by the Washington State Department
of Health; and
WHEREAS,
to enable public meetings to occur while maintaining the social distancing and
limitations on in-person interactions necessary to curtail the spread of COVID-19, on March 24,
2020, I issued Proclamation 20-28, prohibiting in-person meetings and waiving and suspending
laws and rules concerning RCW 42.56, the Public Records Act, and RCW 42.30, the Open
Public Meetings Act that hindered conducting public meetings remotely; and
WHEREAS,
under the provisions of RCW 43.06.220(4), the statutory waivers and suspensions
of Proclamation 20-28, et seq., have been periodically extended by the leadership of the
Washington State Senate and House of Representatives, and which I have acknowledged and
similarly extended the prohibitions therein in subsequent sequentially numbered proclamations,
which proclamations also contained modifications and guidance regarding the waivers,
suspensions, and prohibitions, the most recent of which is Proclamation 20-28.9, issued on
September 2, 2020; and
WHEREAS,
as a result of multiple large on-going wildfires, abnormally dry weather
conditions, and periods of exceptionally high temperatures throughout the state of Washington
creating widespread high-risk fuel conditions, on August 19, 2020, I issued Proclamation 20-68,
proclaiming a State of Emergency for all counties throughout the state of Washington; and
WHEREAS,
since I issued Proclamation 20-68, Washington State has experienced new
wildfires which were caused or exacerbated by an historic wind event that brought high winds
and low humidity from the east to the west, and conditions that will increase the difficulty in
containing current wildfires and the risk of new wildfires starting and spreading are predicted to
continue through September 2020; and
WHEREAS,
in addition to being a fundamental part of open government, open public meetings
are essential to provide the people of Washington with timely and accurate information
regarding wildfires and COVID-19, to provide them with answers to their questions, to enable
public bodies to conduct business in response to the ongoing emergencies, and to dispel
misinformation that may be spread through social media or otherwise; and
WHEREAS,
in addition to damaging homes, public facilities, businesses, public utilities,
infrastructure, agriculture, and natural resources, ongoing wildfires have also interrupted or
degraded telecommunications (to include internet) services necessary to hold public meetings
remotely as envisioned in Proclamation 20-28, et. seq.; and
WHEREAS,
to enable necessary public meetings in areas where telecommunications services
have been interrupted or degraded, a modification of the prohibitions and guidance set forth in
Proclamations 20-28, et seq. (most recently restated in Proclamation 20-28.8), is necessary; and
WHEREAS
, the ongoing wildfires and the COVID-19 pandemic are emergencies that
continue to impact the life and health of our citizens, as well as the property and
transportation infrastructure of Washington State, and are therefore public disasters that
affects life, health, property, or the public peace; and
WHEREAS
, the Washington State Military Department Emergency Management Division,
through the State Emergency Operations Center, continues coordinating resources across state
government to address the impacts and long-term effects of the emergencies on Washington
State and its people.
NOW, THEREFORE
, I, Jay Inslee, Governor of the state of Washington, as a result of the
above-noted situations, and under RCW 38.08, 38.52, and 43.06, do hereby proclaim that a
State of Emergency continues to exist in all counties of Washington State, that Proclamation
20-05 and all amendments, and Proclamation 20-68 and all amendments, remain in effect, and
that the prohibitions in Proclamations 20-28, et seq., are amended as described below to allow,
with conditions, in-person public meetings to take place in communities where the ongoing
2
wildfires have interrupted or degraded telecommunications services to a degree that remote
meetings as envisioned by Proclamation 20-28, et. seq., are not feasible.
I again direct that the plans and procedures of the Washington State Comprehensive
Emergency Management Plan be implemented throughout state government. State agencies
and departments are directed to continue utilizing state resources and doing everything
reasonably possible to support implementation of the Washington State Comprehensive
Emergency Management Plan and to assist affected political subdivisions in an effort to
respond to and recover from the COVID-19 pandemic and the ongoing wildfires.
I continue to order into active state service the organized militia of Washington State to include
the National Guard and the State Guard, or such part thereof as may be necessary in the opinion
of The Adjutant General to address the circumstances described above, to perform such duties
as directed by competent authority of the Washington State Military Department in addressing
the outbreak. Additionally, I continue to direct the Department of Health, the Washington State
Military Department Emergency Management Division, and other agencies to identify and
provide appropriate personnel for conducting necessary and ongoing incident related
assessments.
FURTHERMORE
, based on the above situation and under the provisions of RCW
43.06.220(1)(h), I find that RCW 42.30, as applied to all public agencies statewide, involves the
conduct of state business, and to help preserve and maintain life, health, property or the public
peace, I hereby amend Proclamation 20-05, and 20-28 et seq., to prohibit public agencies as
follows:
The prohibitions contained in Proclamations 20-28, et. seq., relating to public meetings
held in areas where telecommunications services (to include internet services) have been
interrupted or degraded by wildfires occurring in the summer and fall of 2020, are
modified as set forth in the exceptions below (Note: This Proclamation 20-28.10 is
excluded from references herein to Proclamations 20-28, et. seq.,):
Applies only When Telecommunications Services are Interrupted or Degraded and No
Alternative Meeting Site is Available.
The exceptions to the prohibitions of Proclamations 20-28, et. seq., contained herein are
applicable only if the following conditions are met:
1.Telecommunications services in the area where the public meeting takes place
and/or the area where the substantial majority of the persons affected by the
public meeting live have been substantially interrupted or degraded to the extent it
is impractical to hold the public meeting consistent with the provisions of
Proclamation 20-28, et seq.
2.No alternative meeting site is available, in or outside of the jurisdiction, that: (a) is
reasonably accessible to persons affected by the actions to be considered at the
public meeting, (b) meets the social distancing requirements in Proclamation 20-
28, et seq., and attached guidance for those physically at the alternative meeting
3
location, and (c) has sufficient telecommunications service to conduct a remote
meeting in accordance with Proclamation 20-28, et. seq., and attached guidance.
3.The presiding official of the public meeting certifies on the record or in writing
that the conditions of paragraphs 1 and 2, above, have been met.
Applies only to Emergency Actions and Necessary and Routine Actions.
The exemptions contained herein apply only to those s
42.30.020, that are necessary and routine, or are matters necessary to respond to impacts
(direct or indirect) from or related to the COVID-19 outbreak and/or wildfires occurring
in the summer and fall of 2020. must be taken at meetings that
comply with the requirements of Proclamation 20-28, et seq.
Exemptions from Prohibitions.
In circumstances in which this Proclamation 20-28.10 applies, public meetings are
exempt from all prohibitions and restrictions on in-person public meetings contained in
Proclamations 20-28, et seq., and accompanying guidance documents, subject to the
following conditions:
1.To the extent practicable, the public meeting shall comply with all provisions of
Proclamation 20-25, et seq., and the Safe Start Washington Phased Reopening
County-by-County Plan found here, including but not limited to adherence to the
requirements that in-person gatherings are limited to the maximum number of
persons allowed per the Phase of the county in which the public meeting is being
held, and that all attendees are required to be separated by at least six feet and
wear a face covering (Note: If no indoor space is available that meets applicable
distancing requirements, the public meeting can and should be held outdoors);
2.To the extent practicable, notice of the meeting shall comply with the
requirements of Proclamation 20-28 et seq., and shall, in all cases, be given in
such a way as to provide as much actual notice as reasonably possible given the
circumstances to those affected by the action(s) to be considered at the public
meeting. (Note: RCW 42.30.080 (4) in the event a
special meeting is called to deal with an emergency involving injury or damage to
persons or property or the likelihood of such injury or damage, when time
requirements of such notice would make notice impractical and increase the
likelihood of such injury or damage.); and
3.To the extent practicable, those wishing to participate and/or attend the public
meeting (to include the press) shall be allowed to do so, to include allowing
persons to attend the meeting by listening and speaking through operable
telecommunications devices (examples include
with service to connect to a conference calling service, or allowing persons to call
in using the cell phone of an audience member whose phone has service).
4.A recording or transcript of the meeting shall be made available, as soon as is
available to the public.
4
Ratification of Actions
granted herein that do not comply with the provisions of Proclamation 20-28, et. seq.,
with attached guidance, must be ratified by the public agency at its first regularly-
scheduled meeting occurring after the expiration of this Proclamation 20-28.10, using
procedures that comply with the provisions of Proclamation 20-28, et. seq.
Expiration. The exemptions contained herein shall expire on the earlier of (1) the date
when telecommunications services have resumed to a degree that holding public
meetings consistent with the prohibitions set forth in Proclamation 20-28, et seq.
(excepting this Proclamation 20-28.10), is no longer impractical; or (2) rescission of this
Proclamation 20-28.10; or (3) 11:59 p.m. on October 1, 2020, unless extended by
subsequent proclamation.
Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5).
Signed and sealed with the official seal of the state of Washington on this 16th day of September,
A.D., Two Thousand and Twenty at Olympia, Washington.
By:
/s/
Jay Inslee, Governor
BY THE GOVERNOR:
/s/
Secretary of State
5
PROCLAMATION BY THE GOVERNOR
AMENDING AND EXTENDING
PROCLAMATIONS 20-05, 20-68, and 20-28, et seq.
20-28.11
Open Public Meetings Act and Public Records Act Proclamations
WHEREAS, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State of
Emergency for all counties throughout the state of Washington as a result of the coronavirus
disease 2019 (COVID-19) outbreak in the United States and confirmed person-to-person spread of
COVID-19 in Washington State; and
WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant progression
in Washington State, and the continued high risk it poses to our most vulnerable populations, I have
subsequently issued amendatory Proclamations 20-06 through 20-53, 20-55 through 20-67, and 20-69
through 20-71, exercising my emergency powers under RCW 43.06.220 by prohibiting certain
activities and waiving and suspending specified laws and regulations; and
WHEREAS, to curtail the spread of the COVID-19 pandemic in Washington State by limiting
person-to-person contact through social distancing and limiting in-person interactions. I issued
Proclamation 20-25, et seq., which during the early stages of the COVID-19 pandemic prohibited all
people in Washington State from leaving their homes except under certain circumstances and
limitations, and then transitioned to a phased reopening of counties in accordance with specific
guidance issued by my office and by the Washington State Department of Health; and
WHEREAS, to enable public meetings to occur while maintaining the social distancing and
limitations on in-person interactions necessary to curtail the spread of COVID-19, on March 24, 2020,
I issued Proclamation 20-28, prohibiting in-person meetings and waiving and suspending laws and
rules concerning RCW 42.56, the Public Records Act, and RCW 42.30, the Open Public Meetings Act
that hindered conducting public meetings remotely; and
WHEREAS, under the provisions of RCW 43.06.220(4), the statutory waivers and suspensions of
Proclamation 20-28, et seq., have been periodically extended by the leadership of the Washington
State Senate and House of Representatives, and which I have acknowledged and similarly extended
the prohibitions therein in subsequent sequentially numbered proclamations, which proclamations also
contained modifications and guidance regarding the waivers, suspensions, and prohibitions; and
WHEREAS, open public meetings are a fundamental part of open government and are essential to
provide the people of Washingtonwith timely andaccurate informationregarding wildfires and
COVID-19, to provide them with answers to their questions, to enable public bodies to conduct
business in response to the ongoing emergencies, and to dispel misinformation that may be spread
through social media or otherwise; and
WHEREAS, to enable necessary public meetings in areas where telecommunications services were
interrupted or degraded due to wildfires, on September 16, 2020, I issued Proclamation 20-28.10
modifying the prohibitions and guidance set forth in Proclamations 20-28 and prior amendments; but
today, those telecommunication interruptions due to wildfires are no longer present, so those
modifications to 20-28 initially outlined in 20-28.10 are not necessary at this time and are not further
extended here; and
WHEREAS on October 1, 2020, under the provisions of RCW 43.06.220(4), the statutory
waivers and suspensions in Proclamation 20-28, et seq., were again extended by the leadership of
the Washington State Senate and House of Representatives until the termination of the COVID-19
State of Emergency or 11:59 p.m. on November 9, 2020, whichever occurs first; and
WHEREAS, to fully extend Proclamations 20-28, et seq., it is also necessary for me to extend the
prohibitions provided therein; and
WHEREAS, the Washington State Military Department Emergency Management Division, through
the State Emergency Operations Center, continues coordinating resources across state government to
address the impacts and long-term effects of the emergencies on Washington State and its people.
NOW, THEREFORE, I, Jay Inslee, Governor of the state of Washington, as a result of the above-
noted situations, and under RCW 38.08, 38.52, and 43.06, do hereby proclaim that a State of
Emergency continues to exist in all counties of Washington State, that Proclamation 20-05 and all
amendments remain in effect, and that the prohibitions in Proclamations 20-28, et seq., are amended
to (1) recognize the extension of the statutory waivers and suspensions of RCW 42.56 and RCW
42.30 by the leadership of the Washington State Senate and House of Representatives until the
termination of the COVID19 State of Emergency or 11:59 p.m. on November 9, 2020, whichever
occurs first, and (2) similarly extend the prohibitions therein, with the exception of the new
prohibitions included in 20-28.10 as a result of telecommunication disruptions caused by wildfires,
until the termination of the COVID-19 State of Emergency or 11:59 p.m. on November 9, 2020,
whichever occurs first.
I again direct that the plans and procedures of the Washington State Comprehensive Emergency
Management Plan be implemented throughout state government. State agencies and departments are
directed to continue utilizing state resources and doing everything reasonably possible to support
implementation of the Washington State Comprehensive Emergency Management Plan and to assist
affected political subdivisions in an effort to respond to and recover from the COVID-19 pandemic
and wildfires.
I continue to order into active state service the organized militia of Washington State to include the
National Guard and the State Guard, or such part thereof as may be necessary in the opinion of The
Adjutant General to address the circumstances described above, to perform such duties as directed by
competent authority of the Washington State Military Department in addressing the outbreak.
Additionally, I continue to direct the Department of Health, the Washington State Military
Department Emergency Management Division, and other agencies to identify and provide appropriate
personnel for conducting necessary and ongoing incident related assessments.
Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5).
Signed and sealed with the official seal of the state of Washington on this 2nd day of October, A.D.,
Two Thousand and Twenty at Olympia, Washington.
By:
/s/
Jay Inslee, Governor
BY THE GOVERNOR:
/s/
Secretary of State
PROCLAMATION BY THE GOVERNOR
AMENDING AND EXTENDING
PROCLAMATIONS 20-05 and 20-28, et seq.
20-28.12
Open Public Meetings Act and Public Records Act Proclamations
WHEREAS
, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State of
Emergency for all counties throughout the state of Washington as a result of the coronavirus
disease 2019 (COVID-19) outbreak in the United States and confirmed person-to-person
spread of COVID-19 in Washington State; and
WHEREAS,
as a result of the continued worldwide spread of COVID-19, its significant
progression in Washington State, and the high risk it poses to our most vulnerable populations, I
have subsequently issued several amendatory proclamations, exercising my emergency powers
under RCW 43.06.220 by prohibiting certain activities and waiving and suspending specified
laws and regulations; and
WHEREAS,
to curtail the spread of the COVID-19 pandemic in Washington State by limiting
person-to-person contact through social distancing and limiting in-person interactions. I issued
Proclamation 20-25, et seq., which during the early stages of the COVID-19 pandemic
prohibited all people in Washington State from leaving their homes except under certain
circumstances and limitations, and then transitioned to a phased reopening of counties in
accordance with specific guidance issued by my office and by the Washington State Department
of Health; and
WHEREAS,
to enable public meetings to occur while maintaining the social distancing and
limitations on in-person interactions necessary to curtail the spread of COVID-19, on March 24,
2020, I issued Proclamation 20-28, prohibiting in-person meetings and waiving and suspending
laws and rules concerning RCW 42.56, the Public Records Act, and RCW 42.30, the Open
Public Meetings Act that hindered conducting public meetings remotely; and
WHEREAS,
under the provisions of RCW 43.06.220(4), the statutory waivers and suspensions
of Proclamation 20-28, et seq., have been periodically extended by the leadership of the
Washington State Senate and House of Representatives, and which I have acknowledged and
similarly extended the prohibitions therein in subsequent sequentially numbered proclamations,
which proclamations also contained modifications and guidance regarding the waivers,
suspensions, and prohibitions; and
WHEREAS,
open public meetings are a fundamental part of open government and are essential
to provide the people of Washington with timely and accurate information regarding wildfires
and COVID-19, to provide them with answers to their questions, to enable public bodies to
conduct business in response to the ongoing emergencies, and to dispel misinformation that may
be spread through social media or otherwise; and
WHEREAS,
to enable necessary public meetings in areas where telecommunications services
were interrupted or degraded due to wildfires, on September 16, 2020, I issued Proclamation 20-
28.10 modifying the prohibitions and guidance set forth in Proclamations 20-28 and prior
amendments; but today, those telecommunication interruptions due to wildfires are no longer
present, so those modifications to 20-28 initially outlined in 20-28.10 are not necessary at this
time and are not further extended here; and
WHEREAS,
on November 9, 2020, under the provisions of RCW 43.06.220(4), the
statutory waivers and suspensions in Proclamation 20-28, et seq., were again extended by
the leadership of the Washington State Senate and House of Representatives until the
termination of the COVID-19 State of Emergency or 11:59 p.m. on December 7, 2020,
whichever occurs first; and
WHEREAS
, to provide greater opportunity for the public to engage its governing bodies, it
is critical that we continue to strive to explore ways to identify and allow for safe in-person
interactions between Washingtonians and their public officials; and
WHEREAS
, to fully extend Proclamations 20-28, et seq., it is also necessary for me to
extend the prohibitions provided therein; and
WHEREAS, to assist in the implementation of Proclamation 20-28, et seq., it is appropriate
to restate in one document the prohibitions and the statutory waivers and suspensions
currently in effect; and
WHEREAS
, the Washington State Military Department Emergency Management Division,
through the State Emergency Operations Center, continues coordinating resources across state
government to address the impacts and long-term effects of the emergencies on Washington
State and its people.
NOW, THEREFORE
, I, Jay Inslee, Governor of the state of Washington, as a result of the
above-noted situations, and under RCW 38.08, 38.52, and 43.06, do hereby proclaim that a
State of Emergency continues to exist in all counties of Washington State, that Proclamation
20-05 and all amendments remain in effect, and that the prohibitions in Proclamations 20-28,
et seq., are amended to (1) recognize the extension of the statutory waivers and suspensions of
RCW 42.56 and RCW 42.30 restated herein by the leadership of the Washington State Senate
and House of Representatives until the termination of the COVID19 State of Emergency or
11:59 p.m. on December 7, 2020, whichever occurs first, and (2) similarly extend the
prohibitions herein until the termination of the COVID-19 State of Emergency or 11:59 p.m.
on December 7, 2020, whichever occurs first.
I again direct that the plans and procedures of the Washington State Comprehensive
Emergency Management Plan be implemented throughout state government. State agencies
2
and departments are directed to continue utilizing state resources and doing everything
reasonably possible to support implementation of the Washington State Comprehensive
Emergency Management Plan and to assist affected political subdivisions in an effort to
respond to and recover from the COVID-19 pandemic and wildfires.
I continue to order into active state service the organized militia of Washington State to include
the National Guard and the State Guard, or such part thereof as may be necessary in the opinion
of The Adjutant General to address the circumstances described above, to perform such duties
as directed by competent authority of the Washington State Military Department in addressing
the outbreak. Additionally, I continue to direct the Department of Health, the Washington State
Military Department Emergency Management Division, and other agencies to identify and
provide appropriate personnel for conducting necessary and ongoing incident related
assessments.
FURTHERMORE
, based on the above situation and under the provisions of RCW
43.06.220(1)(h), I find that RCW 42.30, as applied to all public agencies statewide, involves the
conduct of state business, and to help preserve and maintain life, health, property or the public
peace, I hereby amend Proclamation 20-05, and 20-28 et seq., to prohibit public agencies as
follows:
Prohibition:
Any public agency subject to RCW 42.30 is prohibited from conducting a public meeting
subject to RCW 42.30 unless (a) the meeting is not conducted in-person and instead
provides an option(s) for the public to attend the proceedings through, at minimum,
telephonic access, and may also include other electronic, internet or other means of
remote access, and (b) provides the ability for all persons attending the meeting to hear
each other at the same time.
Exemption from Prohibition:
As an exception to the above prohibition, public agencies holding public meetings
in counties currently in Phase 3 of the Safe Start Washington Phased Reopening
County-by-County Plan may, at their option and in addition to hosting the remote
meeting elements described above, include an in-person component to a public
meeting if all of the following requirements are met:
1.Open public meetings shall comply with all provisions of Proclamation 20-25, et
seq., and the Safe Start Washington Phased Reopening County-by-County Plan
found here including but not limited to adherence to the requirements that in-
person gatherings are limited to the maximum number of persons allowed per the
Phase of the county in which the public meeting is being held, and that all
attendees are required to be separated by at least six feet and wear a face covering.
For meetings held either indoors or outdoors, six feet of physical distance must be
maintained by all attendees, and all attendees must wear a face covering. (Note: If
no indoor space is available that meets applicable distancing requirements, the
public meeting can and should be held outdoors); and
3
2.Any person wishing to attend in person a public meeting with an in-person
component must be able to do so at a physical location meeting the requirements
herein, either in a primary meeting location or an overflow physical location that
provides the ability for all persons attending the meeting to hear each other at the
same time; and
3.If at any time during a public meeting the in-person component cannot comply
with each of the requirements herein, the public meeting (to include the
telephonic/remote access portions) must be recessed until compliance is restored
or if compliance cannot be restored then adjourned, continued, or otherwise
terminated.
4.The public agency holding an in-person public meeting shall accommodate, to the
extent practicable, those wishing to participate in and/or attend the public meeting
(to include the press) by allowing persons to attend the meeting by listening and
speaking through operable telecommunications devices (examples include using
calling service, or
allowing persons to call in using cell phone with service).
FURTHERMORE,
based on the above noted situation and under the provisions of RCW
43.06.220(2)(g), I continue to find that strict compliance with the following portions of
statutory and regulatory obligations or limitations will prevent, hinder, or delay necessary
action for coping with the COVID-19 State of Emergency by bringing people in contact with
one another at a time when the virus is rapidly spreading, and that the language of each
statutory provision specified below is hereby waived and suspended:
RCW 42.30.030 the following words only:
public agency, except as otherwise
RCW 42.30.040 in its entirety;
RCW 42.30.050
RCW 42.30.070 - in the fourth
sentence
RCW 42.30.075 as to the following words only:
RCW 42.30.080(2)(c) as to the following words only:
ently displayed at the main entrance of the agency's principal location and the
RCW 42.30.090 as to the following words only:
ed regular, special, or
FURTHERMORE,
based on the above noted situation and under the provisions of RCW
43.06.220(2)(g), I find that RCW 42.56, as applied to all public agencies statewide involves
the conduct of state business and I also continue to find that strict compliance with the
following statutory and regulatory obligations or limitations will prevent, hinder, or delay
4
necessary action for coping with the COVID-19 State of Emergency in responding to public
records requests by bringing people in contact with one another at a time when the virus is
rapidly spreading, and that the language of each statutory provision specified below is hereby
waived and suspended
RCW 42.56.080(2), as to the following words only:
o
public records except when and to the extent that this would unreasonably
o
RCW 42.56.090, as to the first sentence only
RCW 42.56.100, as to the following word onl
RCW 42.56.520(1), as to the following words only in the second sentence:
o
This statutory suspension at 42.56.520(1) does not apply to requests for
o
public records received by an agency electronically.
Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5).
Signed and sealed with the official seal of the state of Washington on this 10th day of November,
A.D., Two Thousand and Twenty at Olympia, Washington.
By:
/s/
Jay Inslee, Governor
BY THE GOVERNOR:
/s/
Secretary of State
5
PROCLAMATION BY THE GOVERNOR
AMENDING AND EXTENDING
PROCLAMATIONS 20-05and 20-28,et seq.
20-28.13
Open Public Meetings Act and Public Records Act Proclamations
WHEREAS, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State of
Emergency for all counties throughout the state of Washington as a result of the coronavirus
disease 2019 (COVID-19) outbreak in the United States and confirmed person-to-person spread
of COVID-19 in Washington State; and
WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant
progression in Washington State, and the high risk it poses to our most vulnerable populations, I
have subsequently issued several amendatory proclamations, exercising my emergency powers
under RCW 43.06.220 by prohibiting certain activities and waiving and suspending specified
laws and regulations; and
WHEREAS, to curtail the spread of the COVID-19 pandemic in Washington State by limiting
person-to-person contact through social distancing and limiting in-person interactions. I issued
Proclamation 20-25, et seq., which during the early stages of the COVID-19 pandemic prohibited
all people in Washington State from leaving their homes except under certain circumstances and
limitations, and then transitioned to a phased reopening of counties in accordance with specific
guidance issued by my office and by the Washington State Department of Health; and
WHEREAS, to enable public meetings to occur while maintaining the social distancing and
limitations on in-person interactions necessary to curtail the spread of COVID-19, on March 24,
2020, I issued Proclamation 20-28, prohibiting in-person meetings and waiving and suspending
laws and rules concerning RCW 42.56, the Public Records Act, and RCW 42.30, the Open Public
Meetings Act that hindered conducting public meetings remotely; and
WHEREAS, under the provisions of RCW 43.06.220(4), the statutory waivers and suspensions
of Proclamation 20-28, et seq., have been periodically extended by the leadership of the
Washington State Senate and House of Representatives, and which I have acknowledged and
similarly extended the prohibitions therein in subsequent sequentially numbered proclamations,
which proclamations also contained modifications and guidance regarding the waivers,
suspensions, and prohibitions; and
WHEREAS, open public meetings are a fundamental part of open government and are essential
to provide the people of Washington with timely and accurate information regarding wildfires and
COVID-19, to provide them with answers to their questions, to enable public bodies to conduct
business in response to the ongoing emergencies, and to dispel misinformation that may be spread
through social media or otherwise; and
WHEREAS,to enablenecessary public meetings in areas where telecommunications services
were interrupted or degraded due to wildfires, on September 16, 2020, I issued Proclamation
20-28.10 modifying the prohibitions and guidance set forth in Proclamations 20-28 and prior
amendments; but today, those telecommunication interruptions due to wildfires are no longer
present, so those modifications to 20-28 initially outlined in 20-28.10 are not necessary at this
time and are not further extended here; and
WHEREAS, on November 9, 2020, under the provisions of RCW 43.06.220(4), the statutory
waivers and suspensions in Proclamation 20-28, et seq., were again extended by the leadership of
the Washington State Senate and House of Representatives until the termination of the COVID-
19 State of Emergency or 11:59 p.m. on December 7, 2020, whichever occurs first; and
WHEREAS, to provide greater opportunity for the public to engage its governing bodies, it is
critical that we continue to strive to explore ways to identify and allow for safe in-person
interactions between Washingtonians and their public officials; and
WHEREAS, to fully extend Proclamations 20-28, et seq., it is also necessary for me to extend
the prohibitions provided therein; and
WHEREAS, to assist in the implementation of Proclamation 20-28, et seq., it is appropriate to
restate in one document the prohibitions and the statutory waivers and suspensions currently in
effect; and
WHEREAS, the Washington State Military Department Emergency Management Division,
through the State Emergency Operations Center, continues coordinating resources across state
government to address the impacts and long-term effects of the emergencies on Washington
State and its people.
NOW, THEREFORE, I, Jay Inslee, Governor of the state of Washington, as a result of the
above-noted situations, and under RCW 38.08, 38.52, and 43.06, do hereby proclaim that a State
of Emergency continues to exist in all counties of Washington State, that Proclamation 20-05
and all amendments remain in effect, and that the prohibitions in Proclamations 20-28, et seq.,
are amended to (1) recognize the extension of the statutory waivers and suspensions of RCW
42.56 and RCW 42.30 restated herein by the leadership of the Washington State Senate and
House of Representatives until the termination of the COVID19 State of Emergency or
11:59 p.m. on December 7, 2020, whichever occurs first, and (2) similarly extend the
prohibitions herein until the termination of the COVID-19 State of Emergency or 11:59 p.m.
on December 7, 2020, whichever occurs first.
I again direct that the plans and procedures of the Washington State Comprehensive Emergency
Management Plan be implemented throughout state government. State agencies and departments
are directed to continue utilizing state resources and doing everything reasonably possible to
support implementation of the Washington State Comprehensive Emergency Management Plan
2
and to assist affected political subdivisions in an effort to respond to and recover from the
COVID-19 pandemic and wildfires.
I continue to order into active state service the organized militia of Washington State to include
the National Guard and the State Guard, or such part thereof as may be necessary in the opinion
of The Adjutant General to address the circumstances described above, to perform such duties as
directed by competent authority of the Washington State Military Department in addressing the
outbreak. Additionally, I continue to direct the Department of Health, the Washington State
Military Department Emergency Management Division, and other agencies to identify and
provide appropriate personnel for conducting necessary and ongoing incident related
assessments.
FURTHERMORE, based on the above situation and under the provisions of RCW
43.06.220(1)(h), I find that RCW 42.30, as applied to all public agencies statewide, involves the
conduct of state business, and to help preserve and maintain life, health, property or the public
peace, I hereby amend Proclamation 20-05, and 20-28 et seq., to prohibit public agencies as
follows:
Prohibition:
Any public agency subject to RCW 42.30 is prohibited from conducting a public
meeting subject to RCW 42.30 unless (a) the meeting is not conducted in-person and
instead provides an option(s) for the public to attend the proceedings through, at
minimum, telephonic access, and may also include other electronic, internet or other
means of remote access, and (b) provides the ability for all persons attending the
meeting to hear each other at the same time.
Exemption from Prohibition:
As an exception to the above prohibition, public agencies holding public meetings in
counties currently in Phase 3 of the Safe Start Washington Phased Reopening County-
by-County Plan may, at their option and in addition to hosting the remote meeting
elements described above, include an in-person component to a public meeting if all
of the following requirements are met:
1. Open public meetings shall comply with all provisions of Proclamation 20-25,
et seq., and the Safe Start Washington Phased Reopening County-by-County Plan
found here including but not limited to adherence to the requirements that in-person
gatherings are limited to the maximum number of persons allowed per the Phase of
the county in which the public meeting is being held, and that all attendees are
required to be separated by at least six feetand wear a face covering. For meetings
held either indoors or outdoors, six feet of physical distance must be maintained by
all attendees, and all attendees must wear a face covering. (Note: If no indoor space
is available thatmeets applicable distancing requirements, the public meeting can
and should be held outdoors); and
2. Any person wishing to attend in person a public meeting with an in-person
component must be able to do so at a physical location meeting the requirements
herein, either in a primary meeting location or an overflow physical location that
3
provides the ability for all persons attending the meeting to hear each other at the
same time; and
3. If at any time during a public meeting the in-person component cannot comply with
each of the requirements herein, the public meeting (to include the
telephonic/remote access portions) must be recessed until compliance is restored or
if compliance cannot be restored then adjourned, continued, or otherwise
terminated.
4. The public agency holding an in-person public meeting shall accommodate, to the
extent practicable, those wishing to participate in and/or attend the public meeting
(to include the press) by allowing persons to attend the meeting by listening and
speaking through operable telecommunications devices (examples include using an
attendee’s cell phone with service to connect to a conference calling service, or
allowing persons to call in using an attendee’s cell phone with service).
5. County and other local election canvassing boards performing operations related to
the 2020 general election are exempt from the prohibitions set forth in this
Proclamation to allow them to perform their operations openly and transparently,
provided that such boards must (a) permit all persons entitled by law to observe
such operations access sufficient to conduct such observation, and (b) follow
Department of Health and Department of Labor and Industries guidelines related to
facial coverings, social distancing, sanitizing, and other protective measures enacted
in response to the COVID-19 pandemic.
FURTHERMORE, based on the above noted situation and under the provisions of RCW
43.06.220(2)(g), I continue to find that strict compliance with the following portions of statutory
and regulatory obligations or limitations will prevent, hinder, or delay necessary action for
coping with the COVID-19 State of Emergency by bringing people in contact with one another
at a time when the virus is rapidly spreading, and that the language of each statutory provision
specified below is hereby waived and suspended:
RCW 42.30.030 – the following words only:
“and all persons shall be permitted to attend any meeting of the governing body of a
public agency, except as otherwise provided in this chapter”
RCW 42.30.040 – in its entirety;
RCW 42.30.050 – as to the following word only: “room” in the first sentence
RCW 42.30.070 – as to the following word only: the first usage of “site” - in the fourth
sentence
RCW 42.30.075 – as to the following words only:
“Notice of any change from such meeting schedule shall be published in the state register
for distribution at least twenty days prior to the rescheduled meeting date.”
RCW 42.30.080(2)(c) – as to the following words only:
“Prominently displayed at the main entrance of the agency's principal location and the
meeting site if it is not held at the agency's principal location.”
RCW 42.30.090 – as to the following words only:
“on or near the door of the place where the regular, adjourned regular, special, or
adjourned special meeting was held.”
4
FURTHERMORE, based on the above noted situation and under the provisions of RCW
43.06.220(2)(g), I find that RCW 42.56, as applied to all public agencies statewide involves the
conduct of state business and I also continue to find that strict compliance with the following
statutory and regulatory obligations or limitations will prevent, hinder, or delay necessary action
for coping with the COVID-19 State of Emergency in responding to public records requests by
bringing people in contact with one another at a time when the virus is rapidly spreading, and
that the language of each statutory provision specified below is hereby waived and suspended
RCW 42.56.080(2), as to the following words only:
“Agency facilities shall be made available to any person for the copying of
o
public records except when and to the extent that this would unreasonably
disrupt the operations of the agency.”
“in person during an agency's normal office hours, or”
o
RCW 42.56.090, as to the first sentence only
RCW 42.56.100, as to the following word only in the first sentence: “full”
RCW 42.56.520(1), as to the following words only in the second sentence:
“Within five business days of receiving a public records request,”
o
This statutory suspension at 42.56.520(1) does not apply to requests for public
o
records received by an agency electronically.
Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5).
Signed and sealed with the official seal of the state of Washington on this 12th day of November,
A.D., Two Thousand and Twenty at Olympia, Washington.
By:
/s/
Jay Inslee, Governor
BY THE GOVERNOR:
/s/
Secretary of State
5
PROCLAMATION BY THE GOVERNOR
AMENDING AND EXTENDING
PROCLAMATIONS 20-05 and 20-28, et seq.
20-28.14
Open Public Meetings Act and Public Records Act Proclamations
WHEREAS
, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State of
Emergency for all counties throughout the state of Washington as a result of the coronavirus
disease 2019 (COVID-19) outbreak in the United States and confirmed person-to-person spread
of COVID-19 in Washington State; and
WHEREAS,
as a result of the continued worldwide spread of COVID-19, its significant
progression in Washington State, and the high risk it poses to our most vulnerable populations, I
have subsequently issued several amendatory proclamations, exercising my emergency powers
under RCW 43.06.220 by prohibiting certain activities and waiving and suspending specified
laws and regulations; and
WHEREAS
, I issued Proclamations 20-25, et seq., first entitled Stay Home Stay Healthy,
which initially prohibited all people in Washington State from leaving their homes except under
certain circumstances, and which I later amended to Safe Start -By-
County Phased Reopening, gradually relaxing those limitations based on county-by-county
phasing; and, on November 16, 2020 I again amended 20-25, et seq., to Stay Safe Stay Healthy -
Rollback of County-By-County Phased Reopening Responding to a COVID-19 Outbreak Surge,
in response to a large surge of new cases of COVID-19, increased hospitalizations and ongoing
COVID-19 related deaths in Washington State; and
WHEREAS,
to enable public meetings to occur while maintaining the social distancing and
limitations on in-person interactions necessary to curtail the spread of COVID-19, on March 24,
2020, I issued Proclamation 20-28, prohibiting in-person meetings and waiving and suspending
laws and rules concerning RCW 42.56, the Public Records Act, and RCW 42.30, the Open Public
Meetings Act that hindered conducting public meetings remotely; and
WHEREAS,
under the provisions of RCW 43.06.220(4), the statutory waivers and suspensions
of Proclamation 20-28, et seq., have been periodically extended by the leadership of the
Washington State Senate and House of Representatives, and which I have acknowledged and
similarly extended the prohibitions therein in subsequent sequentially numbered proclamations,
which proclamations also contained modifications and guidance regarding the waivers,
suspensions, and prohibitions; and
WHEREAS,
on December 7, 2020, under the provisions of RCW 43.06.220(4), the statutory
waivers and suspensions in Proclamation 20-28, et seq., were again extended by the leadership of
the Washington State Senate and House of Representatives until the termination of the COVID-
19 State of Emergency or 11:59 p.m. on January 19, 2021, whichever occurs first; and
WHEREAS
, to provide greater opportunity for the public to engage its governing bodies when
public health circumstances safely allow, while continuing to maintain critical social distancing
and other requirements to prevent further spread of the virus, it is necessary that I amend the
prohibition on open public meetings to exempt from this prohibition all meetings as allowed in
guidelines for business meetings, and as
incorporated into the Proclamation 20-25 et seq., Stay Safe Stay Healthy - Rollback of County-
By-County Phased Reopening Responding to a COVID-19 Outbreak Surge; and
WHEREAS
, to fully extend Proclamations 20-28, et seq., it is also necessary for me to extend
the prohibitions provided therein; and
WHEREAS
, to assist in the implementation of Proclamation 20-28, et seq., it is appropriate to
restate in one document the prohibitions and the statutory waivers and suspensions currently in
effect; and
WHEREAS
, the Washington State Military Department Emergency Management Division,
through the State Emergency Operations Center, continues coordinating resources across state
government to address the impacts and long-term effects of the emergencies on Washington
State and its people.
NOW, THEREFORE
, I, Jay Inslee, Governor of the state of Washington, as a result of the
above-noted situations, and under RCW 38.08, 38.52, and 43.06, do hereby proclaim that a State
of Emergency continues to exist in all counties of Washington State, that Proclamation 20-05
and all amendments remain in effect, and that the prohibitions in Proclamations 20-28, et seq.,
are amended to (1) recognize the extension of the statutory waivers and suspensions of RCW
42.56 and RCW 42.30 restated herein by the leadership of the Washington State Senate and
House of Representatives until the termination of the COVID19 State of Emergency or
11:59 p.m. on January 19, 2021, whichever occurs first, (2) similarly extend the prohibitions
herein until the termination of the COVID-19 State of Emergency or 11:59 p.m. on January 19,
2021, whichever occurs first, and (3) amend a prohibition herein as set out below.
I again direct that the plans and procedures of the Washington State Comprehensive Emergency
Management Plan be implemented throughout state government. State agencies and departments
are directed to continue utilizing state resources and doing everything reasonably possible to
support implementation of the Washington State Comprehensive Emergency Management Plan
and to assist affected political subdivisions in an effort to respond to and recover from the
COVID-19 pandemic and wildfires.
I continue to order into active state service the organized militia of Washington State to include
the National Guard and the State Guard, or such part thereof as may be necessary in the opinion
of The Adjutant General to address the circumstances described above, to perform such duties as
directed by competent authority of the Washington State Military Department in addressing the
outbreak. Additionally, I continue to direct the Department of Health, the Washington State
2
Military Department Emergency Management Division, and other agencies to identify and
provide appropriate personnel for conducting necessary and ongoing incident related
assessments.
FURTHERMORE
, based on the above situation and under the provisions of RCW
43.06.220(1)(h), I find that RCW 42.30, as applied to all public agencies statewide, involves the
conduct of state business, and to help preserve and maintain life, health, property or the public
peace, and I hereby amend Proclamation 20-05, and 20-28 et seq., to prohibit public agencies as
follows:
Prohibition:
Any public agency subject to RCW 42.30 is prohibited from conducting a public
meeting subject to RCW 42.30 unless (a) the meeting is not conducted in-person and
instead provides an option(s) for the public to attend the proceedings through, at
minimum, telephonic access, and may also include other electronic, internet or other
means of remote access, and (b) provides the ability for all persons attending the
meeting to hear each other at the same time.
Exemption from Prohibition:
As an exception to the above prohibition, public agencies holding public meetings
may, at their option and in addition to hosting the remote meeting elements described
above, include an in-person component to a public meeting if all of the following
requirements are met:
1.The open public meeting complies with the guidelines for business meetings
found here, as incorporated into the
Proclamation 20-25 et seq., Stay Safe Stay Healthy - Rollback of County-By-
County Phased Reopening Responding to a COVID-19 Outbreak Surge; and
2.Any person wishing to attend in person a public meeting with an in-person
component must be able to do so at a physical location meeting the requirements
herein, either in a primary meeting location or an overflow physical location that
provides the ability for all persons attending the meeting to hear each other at the
same time; and
3.If at any time during a public meeting the in-person component cannot comply with
each of the requirements herein, the public meeting (to include the
telephonic/remote access portions) must be recessed until compliance is restored or
if compliance cannot be restored then adjourned, continued, or otherwise
terminated; and
4.The public agency holding an in-person public meeting shall accommodate, to the
extent practicable, those wishing to participate in and/or attend the public meeting
(to include the press) by allowing persons to attend the meeting by listening and
speaking through operable telecommunications devices (examples include using an
allowing persons to call in using cell phone with service); and
3
5.County and other local election canvassing boards performing operations related to
the 2020 general election are exempt from the prohibitions set forth in this
Proclamation to allow them to perform their operations openly and transparently,
provided that such boards must (a) permit all persons entitled by law to observe
such operations access sufficient to conduct such observation, and (b) follow
Department of Health and Department of Labor and Industries guidelines related to
facial coverings, social distancing, sanitizing, and other protective measures enacted
in response to the COVID-19 pandemic.
FURTHERMORE,
based on the above noted situation and under the provisions of RCW
43.06.220(2)(g), I continue to find that strict compliance with the following portions of statutory
and regulatory obligations or limitations will prevent, hinder, or delay necessary action for
coping with the COVID-19 State of Emergency by bringing people in contact with one another
at a time when the virus is rapidly spreading, and that the language of each statutory provision
specified below is hereby waived and suspended:
RCW 42.30.030 the following words only:
public agency, except as
RCW 42.30.040 in its entirety;
RCW 42.30.050
RCW 42.30.070 - in the fourth
sentence
RCW 42.30.075 as to the following words only:
RCW 42.30.080(2)(c) as to the following words only:
RCW 42.30.090 as to the following words only:
, adjourned regular, special, or
FURTHERMORE,
based on the above noted situation and under the provisions of RCW
43.06.220(2)(g), I find that RCW 42.56, as applied to all public agencies statewide involves the
conduct of state business and I also continue to find that strict compliance with the following
statutory and regulatory obligations or limitations will prevent, hinder, or delay necessary action
for coping with the COVID-19 State of Emergency in responding to public records requests by
bringing people in contact with one another at a time when the virus is rapidly spreading, and
that the language of each statutory provision specified below is hereby waived and suspended
RCW 42.56.080(2), as to the following words only:
o
public records except when and to the extent that this would unreasonably
o
RCW 42.56.090, as to the first sentence only
4
RCW 42.56.520(1), as to the following words only in the second sentence:
o
This statutory suspension at 42.56.520(1) does not apply to requests for public
o
records received by an agency electronically.
Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5).
Signed and sealed with the official seal of the state of Washington on this 8th day of December,
A.D., Two Thousand and Twenty at Olympia, Washington.
By:
/s/
Jay Inslee, Governor
BY THE GOVERNOR:
/s/
Secretary of State
5
PROCLAMATION BY THE GOVERNOR
AMENDING AND EXTENDING
PROCLAMATIONS 20-05and 20-28,et seq.
20-28.15
Open Public Meetings Act and Public Records ActProclamations
WHEREAS
, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State of Emergency
for all counties throughout the state of Washington as a result of the coronavirus disease 2019
(COVID-19) outbreak in the United States and confirmed person-to-person spread of COVID-19 in
Washington State; and
WHEREAS,
as a result of the continued worldwide spread of COVID-19, its significant progression
in Washington State, and the high risk it poses to our most vulnerable populations, I have subsequently
issued several amendatory proclamations, exercising my emergency powers under RCW 43.06.220 by
prohibiting certain activities and waiving and suspending specified laws and regulations; too
WHEREAS,
to enable public meetings to occur while maintaining the social distancing and limitations
on in-person interactions necessary to curtail the spread of COVID-19, on March 24, 2020, I issued
Proclamation 20-28, prohibiting in-person meetings and waiving and suspending laws and rules
concerning RCW 42.56, the Public Records Act, and RCW 42.30, the Open Public Meetings Actthat
hindered conducting public meetingsremotely; and
WHEREAS,
under the provisions of RCW 43.06.220(4), the statutory waivers and suspensions of
Proclamation 20-28, et seq., have been periodically extended by the leadership of the Washington State
Senate and House of Representatives, and which I have acknowledged and similarly extendedthe
prohibitions thereinin subsequent sequentially numbered proclamations, which proclamations also
contained modifications and guidance regarding the waivers, suspensions, and prohibitions; and
WHEREAS,
onJanuary 15,2021, under the provisions of RCW 43.06.220(4), the statutory waivers
and suspensions of Proclamation 20-21, et seq., were extended by Senate Concurrent Resolution 8402
until the termination of the state of emergency pursuant to RCW 43.06.210, or untilrescinded,
whichever occursfirst; and
WHEREAS
,to fully extend Proclamations 20-28, et seq., it is also necessary for me to extend the
prohibitions provided therein; and
WHEREAS
, the Washington State Military Department Emergency Management Division, through
the State Emergency Operations Center, continues coordinating resources across state government to
address the impacts and long-term effects of the emergencies on Washington State and its people.
NOW, THEREFORE
, I, Jay Inslee, Governor of the state of Washington, as a result of the above-
noted situation, and under Chapters 38.08, 38.52,and 43.06 RCW, do hereby proclaim that a State of
Emergency continues to exist in all counties of Washington State, that Proclamation 20-05 and all
amendments thereto remain in effect as otherwise amended, and that Proclamations 20-28, et seq., are
amended to (1) recognize the extension of statutory waivers andsuspensions therein by the
Washington State Legislatureuntil termination of the state of emergency pursuant to RCW 43.06.210,
or until rescinded, and (2) similarly extend the prohibitions therein until termination of the state of
emergency pursuant to RCW 43.06.210, or until rescinded, whichever occursfirst.
I again direct that the plans and procedures of the Washington State Comprehensive Emergency
Management Plan be implemented throughout state government. State agencies and departments are
directed to continue utilizing state resources and doing everything reasonably possible to support
implementation of the Washington State Comprehensive Emergency Management Plan and to assist
affected political subdivisions in an effort to respond to and recover from the COVID-19 pandemicand
wildfires.
I continue to order into active state service the organized militia of Washington State to include the
National Guard and the State Guard, or such part thereof as may be necessary in the opinion of The
Adjutant General to address the circumstances described above, to perform such duties as directed by
competent authority of the Washington State Military Department in addressing the outbreak.
Additionally, I continue to direct the Department of Health, the Washington State Military Department
Emergency Management Division, and other agencies to identify and provide appropriate personnel
for conducting necessary and ongoing incident related assessments.
Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5).
Signed and sealed with the official seal of the state of Washington on this 19thday of January, A.D.,
Two Thousand and Twenty-Oneat Olympia, Washington.
By:
/s/
Jay Inslee, Governor
BY THE GOVERNOR:
/s/
Secretary of State
2
PROCLAMATION BY THE GOVERNOR
AMENDING
PROCLAMATION 20-05 and RESCINDING PROCLAMATION 20-28, et seq.
20-28.16
Open Public Meetings Act and Public Records Act Proclamations
WHEREAS, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State of
Emergency for all counties throughout the state of Washington as a result of the
coronavirus disease 2019 (COVID-19) outbreak in the United States and confirmed
person-to-person spread of COVID-19 in Washington State; and
WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant
progression in Washington State, and the high risk it poses to our most vulnerable
populations, I have subsequently issued several amendatory proclamations, exercising my
emergency powers under RCW 43.06.220 by prohibiting certain activities and waiving and
suspending specified laws and regulations; too
WHEREAS, to enable public meetings to occur while maintaining the social distancing
and limitations on in-person interactions necessary to curtail the spread of COVID-19, on
March 24, 2020, I issued Proclamation 20-28, prohibiting in-person meetings and waiving
and suspending laws and rules concerning RCW 42.56, the Public Records Act, and RCW
42.30, the Open Public Meetings Act, that hindered conducting public meetings remotely;
and
WHEREAS, under the provisions of RCW 43.06.220(4), the statutory waivers and
suspensions of Proclamation 20-28, et seq., have been periodically extended by the
leadership of the Washington State Senate and House of Representatives, and which I have
acknowledged and similarly extendedthe prohibitions therein in subsequent sequentially
numbered proclamations, which proclamations also contained modifications and guidance
regarding the waivers, suspensions, and prohibitions; and
WHEREAS, on January 15, 2021, under the provisions of RCW 43.06.220(4), the
statutory waivers and suspensions of Proclamation 20-21, et seq., were extended by Senate
Concurrent Resolution 8402 until the termination of the state of emergency pursuant to
RCW 43.06.210, or until rescinded, whichever occursfirst; and
WHEREAS, to fully extend Proclamations 20-28, et seq., it is also necessary for me to
extend the prohibitions provided therein; and
WHEREAS, during the 2022 Regular Legislative Session, the Legislature passed, and the
Governor signed, Engrossed Substitute House Bill 1329, which, in part, authorizedpublic
agency governing bodies to hold public meetings remotely in certain circumstances and
after a local, state or federal state of emergency has been declared; and
WHEREAS, although the COVID-19 disease continues to persist as an ongoing and
present threat in Washington State, the measures we have taken together as
Washingtonians over the past 24 months, including the willingness of Washingtonians to
take advantage of the remarkable, life-saving vaccines being administered throughout the
state, have made a difference and have altered the course of the pandemic in fundamental
ways; and
WHEREAS, although Department of Health statistics reflect the continued persistence of
COVID-19 and support the continuation of the state of emergency, health experts and
epidemiological modeling experts believe that as a state we have made adequate progress
against COVID-19 to begin rescinding or modifying amendatory proclamations related to
specific health issues; and
WHEREAS, the Washington State Military Department Emergency Management
Division, through the State Emergency Operations Center, continues coordinating
resources across state government to address the impacts and long-term effects of the
emergencies on Washington State and its people.
NOW, THEREFORE, I, Jay Inslee, Governor of the state of Washington, as a result of
the above-noted situation, and under Chapters 38.08, 38.52, and 43.06 RCW, do hereby
proclaim that a State of Emergency continues to exist in all counties of Washington State,
that Proclamation 20-05 and all amendments thereto remain in effect as otherwise
amended, and that Proclamations 20-28, et seq., are terminated and rescinded effective
12:01 A.M. on June 1, 2022.
I again direct that the plans and procedures of the Washington State Comprehensive
Emergency Management Plan be implemented throughout state government. State agencies
and departments are directed to continue utilizing state resources and doing everything
reasonably possible to support implementation of the Washington State Comprehensive
Emergency Management Plan and to assist affected political subdivisions in an effort to
respond to and recover from the COVID-19 pandemic and wildfires.
I continue to order into active state service the organized militia of Washington State to
include the National Guard and the State Guard, or such part thereof as may be necessary
in the opinion of The Adjutant General to address the circumstances described above, to
perform such duties as directed by competent authority of the Washington State Military
Department in addressing the outbreak. Additionally, I continue to direct the Department
of Health, the Washington State Military Department Emergency Management Division,
2
and other agencies to identify and provide appropriate personnel for conducting necessary
and ongoing incident related assessments.
Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5).
Signed and sealed with the official seal of the state of Washington on this 29thday of
April, A.D., Two Thousand and Twenty-Twoat Olympia, Washington.
By:
/s/
Jay Inslee, Governor
BY THE GOVERNOR:
/s/
Secretary of State
3