2020 Ordinances - Laserfiche WebLink

Home Browse Search

WHEREAS, the restrictions include prohibiting public gatherings of more than 10 people; and WHEREAS, City Council and other public meetings in Portsmouth involve the gathering of more than 10 people, and to hold public meetings in the traditional form would run counter to the purpose of the directives issued and restrictions imposed to mandate social distancing; and WHEREAS, it is nevertheless crucial for City Council and other public entities to conduct public meetings for the purposes of addressing COVID -19 and social distancing, adopting annual budgets for the City and Portsmouth Public Schools, and dealing with other pressing matters; and WHEREAS, Virginia Code Section 15.2 -1413 provides that, notwithstanding any contrary provision of law, "...any locality may, by ordinance, provide a method to assure continuity in its government, in the event of an enemy attack or other disaster "; and WHEREAS, Virginia Code Section 2.2- 3708.2(A)(3) allows, under certain procedural requirements, including public notice and access, that members of City Council may convene solely by electronic means "to address the emergency "; and WHEREAS, the open public meeting requirements of the Virginia Freedom of Information Act ( "FOIA ") are limited only by a properly claimed exemption provided under that Act or "any other statute "; and WHEREAS, the Attorney General of Virginia issued an opinion dated March 20, 2020 stating that localities have the authority during disasters to adopt ordinances to ensure the continuity of government; and WHEREAS, City Council desires to adopt the procedures set forth in this Ordinance for the conduct of public business while the Local Declaration remains in effect; and WHEREAS, this emergency ordinance in response to the disaster caused by the COVID- 19 pandemic promotes public health, safety and welfare and is consistent with the laws of the Commonwealth of Virginia, the Constitution of Virginia, and the Constitution of the United States of America. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: L That it finds that COVID-19 constitutes a real and substantial threat to public health and safety and constitutes a "disaster" as defined by Virginia Code Section 44- 146.16, being a "communicable disease of public health threat ". 2. That it finds that the Governor has declared a state of emergency and that the catastrophic nature of the declared emergency makes it impracticable or unsafe to assemble a quorum of City Council in a single location.