Public Health Emergency Order No. 20-01 (amended and reissued)

Suspension of Public Meetings

PUBLIC HEALTH EMERGENCY ORDER No. 20-01 (amended and reissued)
April 30, 2020

WHEREAS, on March 11, 2020, the World Health Organization declared the worldwide outbreak of COVID-19 (coronavirus) a pandemic; on March 13, 2020, the President of the United States issued an emergency declaration for the country in response to the increasing number of COVID-19 cases within the U.S.; on March 13, 2020, Idaho Governor Brad Little signed a declaration of emergency for the State of Idaho in response to concerns that cases of COVID-19 were imminent in Idaho; and on March 16, 2020 the Mayor of the city of Boise City, Lauren McLean, declared a local disaster emergency, as per the Disaster Preparedness Act (Title 46, Chapter 10 of the Idaho Code), in the city of Boise City due to the threat that COVID-19 poses to the health and welfare of the residents of Boise City, and on March 17, 2020, the Boise City Council ratified and extended the Declaration of Emergency; and

WHEREAS, on March 17, 2020, Boise City Council adopted an ordinance enacting a new Chapter 15 within Title 1, setting forth the authority, purpose, and intent of emergency powers to address the threat of COVID-19, which ordinance was repealed and replaced in its entirety on April 7, 2020; and

WHEREAS, on March 19, 2020, Boise City Mayor, Lauren McLean, issued Public Health Emergency Order No. 20-01, Suspension of Public Meetings, suspending certain Boise City commissions, committees, and boards, which Emergency Order was reissued on April 8, 2020; and

WHEREAS, on March 18, 2020, Governor Little issued a proclamation suspending certain public meetings laws (“Governor’s Public Meetings Proclamation”), which permitted all public meetings to be held virtually; and

WHEREAS, on March 25, 2020, Governor Little issued a Statewide Order to Self-Isolate and, on April 15, 2020, issued a Statewide First Amended Order to Self-Isolate (collectively, “Orders to Self-Isolate”).

WHEREAS, on April 30, 2020, Governor Little entered, in conjunction with the Idaho Department of Health and Welfare Order of the Director, an order titled, State of Idaho, Idaho Department of Health and Welfare Stay Healthy Order, dated May 1, 2020, providing requirements for reopening certain businesses and permitting certain activities in Stage 1 of the State’s reopening plan (“Stay Healthy Order – Stage One”); and

WHEREAS, the Stay Healthy Order – Stage One recommends against all group gatherings, which would include public meetings; and

WHEREAS, several of the City’s land use planning boards and commissions are statutorily required to hold public hearings, which public hearings are closed related to and required for certain businesses, including construction, to continue to operate; and

WHEREAS, the City deems it in the best interest of its citizens to permit its land use planning boards and commissions to hold meetings and public hearings, and to permit such other City boards and commissions to meet as deemed necessary in the Mayor’s discretion or as required by law.

NOW, THEREFORE, I, Lauren McLean, Mayor of the City of Boise, Idaho, by virtue of the authority vested in me by Boise City Code Title 1, Chapter 15, and the common law authority to protect the public in the event of an emergency issue this Amended and Reissued Emergency Order 20-01 – Suspension of Public Meetings (“Amended Emergency Order 20-01”).

Section 1.        In light of the Governor’s Public Meetings Proclamation, the Stay Healthy Order – Stage One, the guidelines of the Department of Health and Human Services Centers for Disease Control and Prevention (“CDC”), the recommendations and guidelines of Central District Health, and in accordance with Boise City Code Section 1-15-08, I hereby suspend all meetings of Boise City commissions, committees, and boards except as set forth in Section 2, herein.

Section 2.        The following commissions, committees and boards shall meet:

a. Planning and Zoning Commission (B.C.C. Title 2, Chapter 4);

b. Design Review Committee (B.C.C, Title 11, Chapter 2);

c. Historic Preservation Commission (B.C.C. Title 11, Chapter 2);

d. Other commissions, committees and boards as deemed necessary in the Mayor and Department Director’s discretion or as otherwise legally required.

Section 3.        In accordance with Boise City Code Section 1-15-10, any person who knowingly violates the provisions of Section 1 of this order shall be guilty of a misdemeanor.

Section 4.        This Amended Emergency Order 20-01 supersedes in its entirety Emergency Order 20-01.

Section 5.        This Emergency Order shall take effect on May 1, 2020, and in accordance with Boise City Code Section 1-15-06(E), shall remain in effect for thirty (30) days and may be extended pursuant to Boise City Code.

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