Mayor's COVID-19 Second Supplementary Emergency Proclamation
SECOND SUPPLEMENTARY EMERGENCY PROCLAMATION
WHEREAS, Chapter 127A Hawaiʻi Revised Statutes, provides for the establishment of emergency management and disaster relief, including the Mayor having direct responsibility and authority over emergency management within the County; and
WHEREAS, Chapter 127A Hawaiʻi Revised Statutes and Chapter 7, Articles 1 and 2 of the Hawaiʻi County Code, establishes a Civil Defense Agency within the County of Hawai‘i and prescribes its powers, duties, and responsibilities, and Section 13-23 of the Hawaiʻi County Charter empowers the Mayor of the County to declare emergencies; and
WHEREAS, on February 28, 2020, the Mayor of the County of Hawaiʻi issued an Emergency Proclamation declaring a state of emergency due to the outbreak of COVID-19 virus being recognized as a public health emergency of international concern and a public health emergency for the United States; and
WHEREAS, on March 4, 2020, the Governor of the State of Hawaiʻi issued a Proclamation declaring a state of emergency based upon the actions and directives of the President of the United States, the World Health Organization, the United States Centers for Disease Control and Prevention, and current conditions warranting preemptive and protective actions related to the outbreak of COVID-19 virus; and
WHEREAS, on March 11, 2020, the Mayor of the County of Hawaiʻi issued the Supplementary Emergency Proclamation issuing further orders for response to COVID-19; and
WHEREAS, on March 16, 2020, the Governor of the State of Hawaiʻi issued the Supplementary Proclamation further suspending State laws that impeded the state-wide response to COVID-19; and
WHEREAS, on March 21, 2020, the Governor of the State of Hawaiʻi issued the Second Supplementary Proclamation issuing an Order that all persons coming into the State of Hawaiʻi shall be subject to a period of self-quarantine; and
WHEREAS, on March 23, 2020, the Governor of the State of Hawaiʻi issued the Third Supplementary Proclamation issuing an Order stating “All persons in the State Must Stay at Home or in Their Place of Residence” with exceptions for essential business or operations; and
WHEREAS, due to the possibility of imminent emergency or disaster due to bodily injury to residents of Hawaiʻi Island, and the need for government agencies and representatives from the private sector to mobilize and provide financial and other immediate services to our island residents, a state of emergency is authorized pursuant to Chapter 127A Hawaiʻi Revised Statutes, and Chapter 7, Hawaiʻi County Code; and
WHEREAS, Section 127A-13(b)(1) Hawaiʻi Revised Statutes provides that during a state of emergency the Mayor may relieve hardship and inequities or obstruction to public health, safety or welfare found by the Mayor to exist in the laws of the county and to result from the operations of federal programs or measures, may suspend county laws in whole or in part; and
WHEREAS, the Charter and County Code requirements to hold Board and Commission meetings, or other types of meetings, should be suspended to avoid large gatherings of people; and
WHEREAS, strict adherence to County Code imposed deadlines may impose a hardship and inequity to the public;
NOW, THEREFORE, I, HARRY KIM, Mayor of the County of Hawaiʻi, do hereby proclaim and declare that a state of emergency exists due to the imminent danger or threat of emergency on the Hawaiʻi Island and hereby authorize and invoke the following measures under Section 127A-13(b)(1) Hawaiʻi Revised Statutes, as amended:
the following shall be suspended during this state of emergency:
(1) Meetings and Hearings.
Meetings or hearings, including contested case hearings, conducted by boards and commissions established under the Charter or the Hawaiʻi County Code are suspended, provided that meetings or hearings may be conducted to the extent the Governor of the State of Hawaiʻi has suspended the requirements of Chapters 91 (administrative procedures) and 92 (public agency meetings and records), HRS, and sufficient capability exists to conduct such meetings or hearings by telephone or video conference as determined by the County department providing administrative assistance to the board or commission.
(2) Permit Deadlines and Automatic Approvals.
Any deadline or automatic approval imposed by the Hawaiʻi County Code or an administrative rule of any County department, officer, board, committees, and/or commissions is hereby continued to the latter of the following: 60 days after the date of this Second Supplementary Emergency Proclamation, dated March 24, 2020, as may be extended; or 60 days from the date of the current deadline or automatic approval date.
This suspension does not extend the time to perform any permit condition of an existing permit that has already been approved.
This Second Supplementary Emergency Proclamation, the Supplementary Emergency Proclamation issued on March 11, 2020 and the Emergency Proclamation issued on February 28, 2020, shall remain in full force and effect and shall be effective Tuesday, March 24, 2020, and continuing thereon for 60 days or until further act by this office.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hawaiʻi to be affixed. Done this 24th day of March, 2020, in Hilo, Hawaiʻi.
County of Hawaiʻi