Ordinance No. 2021-21 Relating to Repealing Ordinance No. 2021-13 Regarding Hazard Pay for Grocery Workers-Approved 071321Page 1 of 4
ORDINANCE NO. 2021-21
AN ORDINANCE of the City of Bainbridge Island, Washington,
repealing Ordinance No. 2021-13 and thereby terminating the
hazard pay requirement for additional compensation for certain
grocery employees within the City of Bainbridge Island; providing
for severability; and terminating the associated declaration of
emergency related to the hazard pay requirement.
WHEREAS, on February 29, 2020, Governor Jay Inslee declared a state of emergency in
response to the new cases of COVID-19 in Washington State; and
WHEREAS, on March 9, 2020, the situation was sufficiently serious that it was
necessary to proclaim an emergency within the City of Bainbridge Island due to the possibility
that the spread of COVID-19 may become a pandemic; and
WHEREAS, Chapter 2.44 of the Bainbridge Island Municipal Code (“BIMC”)
designates the City Manager as the executive head of the City for purposes of emergency
management with the authority to proclaim and terminate emergencies; and
WHEREAS, on March 9, 2020, the City Manager issued a Proclamation of Emergency
related to the COVID-19 pandemic; and
WHEREAS, on March 10, 2020, the City Council ratified and confirmed the
Proclamation of Emergency issued by the City Manager through Resolution No. 2020-06; and
WHEREAS, due to the COVID-19 pandemic and the impacts of the virus on the
Bainbridge Island community, on March 23, 2021, the City Council adopted Ordinance No.
2021-13, which established a hazard pay requirement for additional compensation for certain
grocery employees within the City of Bainbridge Island to protect the public health and safety;
and
WHEREAS, Ordinance No. 2021-13 recognized that there would be a crucial period of
time in which grocery workers would continue to be highly vulnerable to COVID-19 because
they would not yet be vaccinated, or they would not yet have had the full course of vaccination
treatment, and it was likely over the coming several months that many such workers would be in
contact with unvaccinated persons, some of whom may be asymptomatic with COVID-19; and
WHEREAS, Ordinance No. 2021-13 states that the City Council intended to consider the
hazard pay requirements in the ordinance in the coming months based on the severity of the
public health crisis, including a review of the current health, safety, and economic risks of
frontline work during the COVID-19 emergency; and
WHEREAS, Ordinance No. 2021-13 was adopted on an emergency basis, recognizing
that an emergency existed necessitating adoption of the ordinance to provide hazard pay to
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certain grocery workers in order to preserve and protect public health, safety, property, and/or
welfare; and
WHEREAS, on June 22, 2021, the City Council considered rescinding the Proclamation
of Emergency issued on March 9, 2020 by the City Manager as above described, and authorized
the City Manager to rescind or terminate that emergency proclamation; and
WHEREAS, on July 1, 2021, Governor Inslee issued Proclamation No. 20-25.14,
“Washington Ready,” which, in part, states that “data reflect that the number and percent of
vaccinated Washington residents continue to increase, while the number of new COVID-19
cases, hospitalizations, and deaths are decreasing,” and the Governor thereby ordered that
movement, occupancy, and face-covering restrictions be modified as set forth in Proclamation
No. 20-25.14; and
WHEREAS, Proclamation No. 20-25.14 also states that “although the COVID-19
disease continues as an ongoing and present threat in Washington State, the measures we have
taken together as Washingtonians over the past 16 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, Proclamation No. 20-25.14 further provides that “as of June 30, 2021, at
least 67 percent of people 16 years of age and older and 55 percent of the total population have
initiated vaccination, and at least 60 percent of people 16 year of age and older and 50 percent of
the total population are fully vaccinated;” and
WHEREAS, Proclamation No. 20-25.14 also states that “on May 13, 2021, the CDC
announced that fully vaccinated individuals are not recommended to wear masks inside or
outside, except when in health care settings, correctional facilities, homeless shelters, schools,
and public transportation, and Washington State’s data support adopting the CDC’s position at
this time;” and
WHEREAS, Proclamation No. 20-25.14 further provides, in part, that “[t]he face
covering requirements for workers, employers, businesses, customers, the general public, and
any other entities or individuals in prior versions of [Governor Inslee’s] Proclamation 20-25 are
hereby rescinded and replaced with the face covering requirements imposed in and pursuant to
this version of Proclamation 20-25,” and that “[e]mployers must comply with all conditions for
operation required by the Washington State Department of Labor & Industries, including
interpretive guidance, regulations and rules and Department of Labor & Industries-administered
statutes;” and
WHEREAS, Proclamation No. 20-25.14 also states, in part, that “[e]mployers are
required to provide a safe and healthy workplace and must assess hazards in their workplace and
take appropriate steps to protect workers,” and that “[e]mployers therefore must assess the
hazard COVID-19 poses to their workplace and take appropriate steps to protect workers,
including workers who are not fully vaccinated;” and
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WHEREAS, on July 9, 2021, based on changing circumstances and improving
conditions on Bainbridge Island and more broadly related to the COVID-19 pandemic, as
recognized by Governor Inslee’s Proclamation No. 20-25.14, the City Manager terminated the
City’s Proclamation of Emergency via the Proclamation Terminating Emergency Proclamation;
and
WHEREAS, on July 13, 2021, the City Council adopted Resolution No. 2021-11, which
affirms the City Manager’s Proclamation Terminating Emergency Proclamation that terminated
the March 9, 2020 Proclamation of Emergency issued by the City Manager; and
WHEREAS, on July 13, 2021, the City Council also considered this Ordinance No.
2021-21, and the Council hereby determines that the public emergency that existed which was
the basis for Ordinance No. 2021-13 no longer exists, and therefore this Ordinance No. 2021-21
will hereby repeal Ordinance No. 2021-13.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. The recitals set forth above are hereby adopted as further
findings of fact adopted by the City Council in support of the regulations that were established
by Ordinance No. 2021-13 and which are being repealed by this Ordinance No. 2021-21.
Section 2. Ordinance No. 2021-13 Repealed and Regulations Terminated. As set
forth in Section 17 of Ordinance No. 2021-13, the City Council provided that it “shall determine,
based on criteria that are rationally related to the purpose of this ordinance, when the ordinance
will be terminated or repealed. In making its determination of termination or repeal, the Council
will be informed by the criteria used by the City Manager and the Council as relates to
terminating the City Manager’s March 9, 2020, Proclamation of Emergency, as well as in
relation to terminating Resolution No. 2020-06 as adopted by the Council, which ratified and
affirmed the City Manager’s Proclamation of Emergency.” As above described, based on
improving conditions related to the COVID-19 pandemic, on July 9, 2021 the City Manager
issued a “Proclamation Terminating Emergency Proclamation,” which terminated the City
Manager’s March 9, 2020 Proclamation of Emergency. Additionally, the City Council has
adopted Resolution No. 2021-11, which affirms the City Manager’s Proclamation Terminating
Emergency Proclamation. Therefore, finding that the emergency that was the basis for Ordinance
No. 2021-13 no longer exists, the City Council hereby repeals Ordinance No. 2021-13, enacted
on March 23, 2021, in its entirety and terminates the regulations adopted by that ordinance.
Section 3. Severability. Should any section, paragraph, sentence, clause, or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be preempted by state
or federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
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Section 4. Savings Clause. Ordinance No. 2021-13, which is repealed by this ordinance,
shall remain in force and effect until the effective date of this ordinance.
Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days
from its passage and publication as required by law.
PASSED by the City Council this 13th day of July, 2021.
APPROVED by the Mayor this 13th day of July, 2021.
Rasham Nassar, Mayor
ATTEST/AUTHENTICATE:
FILED WITH THE CITY CLERK: July 9, 2021
PASSED BY THE CITY COUNCIL: July 13, 2021
PUBLISHED: July 16, 2021
EFFECTIVE DATE: July 21, 2021
ORDINANCE NUMBER: 2021-21