City Manager’s Weekly Report
for week ending May 22, 2020

Emergency Management Information Site. This is the most complete, accessible, up-to-date and authoritative website for information about COVID-19 resources and work requirements in Washington state: You should bookmark it. Read what work is essential and how telecommuting is viewed, even in Phase 2 of the back-to-work provisions. I expect no immediate change in current City practices after Memorial Day, if the King County area is able to go to Phase 2 of the return to work policy.

Is Governor Inslee’s Emergency Proclamation a law?  I’ve heard some people state lately – on social media and even on the news – that the emergency provisions issued by Washington state Governor Jay Inslee are not really law and that some people feel his proclamation of emergency is an infringement of the Constitutional Right to Assemble. While I can understand that sentiment, the truth is that the Governor’s Emergency proclamation has the full power of law, that the requirements of this statutory power are backed by law, and that violating the emergency proclamation can carry a penalty. What kind of penalty? A criminal penalty. Violating Governor Inslee’s Emergency Proclamation carries the possibility of a Gross Misdemeanor penalty under RCW 43.06.220 “(5) Any person willfully violating any provision of an order issued by the governor under this section is guilty of a gross misdemeanor.”  A gross misdemeanor carries a maximum penalty of up to one year in jail and/or a $5000 fine. Compare this to a misdemeanor which has a maximum penalty of up to 90 days in jail and/or a $1000 fine. Obviously, law enforcement authorities desire to assure emergency compliance with a velvet glove, and all law enforcement actions to date, from the Governor on down, prove that orientation. Nevertheless, is compliance with Washington state, county and local emergency provisions law? Absolutely. Is such State public health control a violation of anyone’s Constitutional (federal or state) Right to Assemble? No.

Have a Safe, Socially Distant, Memorial Day Weekend!  

Mark E. Hoppen, City Manager
City of Normandy Park
801 SW 174th Street
Normandy Park, WA 98166
(206) 248-8246 (Direct Phone)