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A RULE AND REGULATION relating to telephonic participation by members of the Board of Health; amending R&R 09-04, Section 8, as amended, and BOH 2.04.165; and declaring an emergency.

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                     BE IT ADOPTED BY THE KING COUNTY BOARD OF HEALTH:

                     SECTION 1.  R&R 09-04, Section 8, as amended, and BOH 2.04.165 are each hereby amended to read as follows:

                     A.1.  Board members representing seven votes shall constitute a quorum for board meetings.  A quorum is presumed to exist unless a member calls the quorum into question.

                       2.  Nothing in this subsection shall be construed to waive or negate the requirements prescribed under subsections B., C., D., E. F. and G. of this section.

                     B.1.  An affirmative vote of members representing seven votes is required to adopt, amend or repeal a rule and regulation.  However, any repeal or amendment of an existing rule and regulation that was effective before January 1, 1996, that applies outside of the limits of the city of Seattle shall be adopted only by an affirmative vote of members representing seven votes as well as an affirmative vote collectively of a majority of the represented votes of King County councilmembers and the suburban city members.

                       2.  Any amendment or repeal of an existing rule or regulation adopted by the board of health of the city of Seattle and effective before January 1, 1996, shall be adopted only by an affirmative vote of the members representing seven votes as well as an affirmative vote of a majority of the members appointed by the city of Seattle.

                     C.  An affirmative vote of members representing seven votes is required to adopt, amend or repeal a guideline and recommendation.

                     D.  A majority of affirmative votes by board members representing seven votes is required for all actions on resolutions and motions.

                     E.  A roll call vote shall be taken on final passage of any rule and regulation, guideline and recommendation and resolutions.

                     F.  There will be no voting by proxy on any question before the board.

                     G.1.  Members may participate in meetings of the full board by telephone or video conferencing when:

                         a.  an emergency that limits the board from meeting as usual is declared by federal, state or local officials; or

                         b.  if the member deems it necessary, but no more than twice per year.

                       2.  Members who participate in meetings of the full board by telephone or video conferencing in accordance with subsection G.1. of this section shall be counted toward the quorum and shall retain their voting authority unless the member elects to participate by telephone or video conferencing in accordance with subsection G.1.b. of this section and the alternate is physically present, at which time the alternate shall be counted toward the quorum and have voting authority instead of the member.

                       3.  The clerk of the board, in consultation with the chair, shall establish authentication and operating procedures pertaining to appearance by phone or video conferencing under subsection G.1. of this section, which must comply with all state and county laws regarding open public meetings.

                       4.  A member wishing to participate by telephone or video conferencing under subsection G. of this section shall declare orally or in writing to the chair and the board administrator.  It shall be noted in the minutes when members participate by telephone or video conferencing and whether they have retained or relinquished their voting authority under subsection G.2. of this section.

                       5.  To facilitate connection to the broadcasting system, notices for participation by telephone or video conference should be made half an hour in advance of the meeting when possible, and the member should promptly inform the board administrator.  When participating by means of telephone or video conference, the member shall speak audibly so that the public can hear the discussion and voting process.

                     SECTION 2.  The Board of Health finds as a fact and declares that an emergency exists and that the immediate adoption of this rule is necessary for the preservation of the public health, safety or general welfare, and that the observance of requirements of notice and hearing would be contrary to the public interest.

                     SECTION 3.  This rule takes effect June 10, 2020.