The purpose of this chapter is to identify minimum standards of conduct for the public while accessing the county building and/or when attending county meetings to prevent disruptive behavior and maintain peace in the public workplace and protect the safety and security of county employees and members of the public who work in or use the county building and attend county meetings.
(Ord. 636 (2024) § 1 (Att. 1), 2024)
A. 
The following definitions shall apply to this chapter.
1. 
“County”
means Kitsap County, Washington.
2. 
“County administrator”
means the Kitsap County administrator, deputy county administrator or designees.
3. 
“County building”
means the internal and external premises of the Kitsap County Administration Building located at 619 Division Street, Port Orchard, WA.
4. 
“County meeting”
means a meeting of a county board, committee, or commission when the meeting is open to the public under Chapter 42.30 RCW (Open Public Meetings Act).
5. 
“County official”
means a county elected or appointed official, or the county administrator, county department head, or county department supervisor or manager or designee.
6. 
“Member”
means a member of a Kitsap County board, committee, or commission.
7. 
“Presiding officer”
means the chair or acting chair for the county meeting who by the nature of the position has the authority to exclude a person from attending the county meeting for violating this chapter.
(Ord. 636 (2024) § 1 (Att. 1), 2024)
A. 
It is prohibited for a person to do any of the following in a county meeting:
1. 
Engage in prohibited conduct that actually disrupts, disturbs, or otherwise impedes the orderly conduct of a county meeting.
B. 
Prohibited conduct includes any of the following in a county meeting:
1. 
Speaking without being recognized by the presiding officer;
2. 
Continuing to speak after the allotted time has expired;
3. 
Speaking on an item at a time not designated for discussion by the public;
4. 
Speaking on an issue not within the authority or jurisdiction of the county;
5. 
Attempting to engage the audience rather than presenting to the members;
6. 
Throwing objects;
7. 
Refusing to stop the conduct prohibited in subsection A of this section after being instructed by the presiding officer to do so; or
8. 
Disobeying any lawful direction of the presiding officer.
C. 
Enforcement. If a person engages in prohibited conduct:
1. 
The presiding officer of the county meeting will warn the person to discontinue the prohibited behavior. If the person continues the prohibited conduct after receiving a warning, the presiding officer may instruct the person to leave the meeting.
2. 
If the person refuses to leave or does not leave, or returns to, the county meeting after being instructed to do so, the presiding officer may have the person removed from attending the remainder of that county meeting.
3. 
Nothing in this section prohibits the immediate removal of any person, without prior warnings, if the person presents an actual or imminent threat of harm to any person or property.
4. 
Nothing precludes the removed person from attending that meeting via an available electronic format.
D. 
In the event the interruption of any meeting by a group of persons makes the orderly conduct of a meeting unfeasible and order cannot be restored by the removal of group, the presiding officer may order the meeting room cleared and continue in session or may adjourn the meeting and reconvene at another location selected by majority vote of the members as provided in RCW 42.30.050.
(Ord. 636 (2024) § 1 (Att. 1), 2024)
A. 
It is prohibited for a person to do any of the following inside a county building:
1. 
Engage in behavior that actually disrupts, disturbs, or otherwise impedes the orderly conduct of county business;
2. 
Engage in behavior that actually unreasonably interferes with others’ access or use of a county building;
3. 
Enter any restricted area in a county building that is not open to the public unless the person has been invited to the restricted area by an authorized county employee and accompanied by a county representative, if applicable;
4. 
Actually disrupt, disturb, or impede the ability of a county employee or a member of the public from conducting county business;
5. 
Any act that presents an actual or imminent threat of harm to any person or property;
6. 
Obstructing or unreasonably interfering with the ability of a county employee or member of the public from freely entering, exiting, or moving about a county building or county office;
7. 
Entering or failing to leave a county building when instructed to leave or when the building is closed to the public; or
8. 
Causing or making unnecessary loud noise, shouting or yelling; challenging to fight or fighting any person.
B. 
Enforcement. If a person engages in conduct identified in subsection (A) of this section:
1. 
A county official shall warn the person to discontinue the prohibited conduct. If the person continues the prohibited conduct after receiving a warning, the county official may instruct the person to leave the building. If the person refuses or does not leave after being instructed to do so, the county official may have the person removed.
2. 
Nothing in this section prohibits the immediate removal of any person, without prior warnings, if the person presents an actual or imminent threat of harm to any person or property.
3. 
Nothing precludes the removed person from conducting county business via an available electronic format.
(Ord. 636 (2024) § 1 (Att. 1), 2024)
A. 
A person who engages in conduct prohibited by this chapter in a county building may be trespassed by the county official or the county administrator from accessing one or more county buildings for a specified period of time.
B. 
A person may be trespassed by the county official or county administrator from being present at a future county meeting when the individual presents a legitimate public safety concern (actual or imminent threat of harm).
(Ord. 636 (2024) § 1 (Att. 1), 2024)
A. 
As legal advisor to the county, the civil division of the prosecuting attorney’s office should be consulted prior to issuance of a trespass notice.
B. 
The trespass notice issued pursuant to this section shall contain the following information:
1. 
Name of person trespassed;
2. 
Date notice is issued and effective date, if different than issue date;
3. 
Identify the behavior and the violation the person is alleged to have committed;
4. 
Identify the location(s) in the building, the building, and/or county meetings from which the person is excluded;
5. 
Duration of the trespass notice, which may range from one day to one year;
6. 
Method to appeal, including the address and time frame to appeal; and
7. 
Warning that violation of the trespass notice is a criminal act, in violation of Chapter 9A.52 RCW.
C. 
The person trespassed has ten business days from receipt of the notice to administratively appeal the trespass notice in writing to the county administrator. The county has ten business days from receipt of the written appeal to provide a written response. The county may affirm, modify, terminate, or reverse the prohibition. The decision of the county is final. The trespass notice shall remain in effect while the appeal is pending.
D. 
Should the trespassed person need physical access to the county building for business matters that cannot be conducted electronically, or to attend a county meeting during the trespassed period, he/she may contact the person designated in the trespass notice to obtain approval for such access and an escort. If the county reasonably believes the person presents an imminent danger to individuals in the county building or county meeting, physical access may be denied.
(Ord. 636 (2024) § 1 (Att. 1), 2024)
The remedies and penalties set forth in this chapter are nonexclusive and the county may seek any and all legal and equitable relief permitted by law. A violation of any provision of this chapter may be pursued as a civil infraction as provided in Chapter 2.116, or a criminal violation as provided in Chapter 1.12.
(Ord. 636 (2024) § 1 (Att. 1), 2024)