Updated: February 3, 2021
The COVID-19 coronavirus has disrupted all of our lives, both personally and professionally. You have the challenge and trust to continue government operations during this time. To assist local governments and other public entities navigate this ever-changing situation, former LGA President Tim Spencer formed a special committee to enable advice regarding local government issues related to COVID-19.
Policies for Vaccination of Local Government Employees
DOLI/VSHC Board Workplace Safety Standards
Model notice to government contractors re workplace safety standards
Covid Committee Guidance on Virginia Workplace Safety Rules
16 VAC 25-220
DOL resource documents
Wearing Face Masks
The COVID-19 Committee was about to send the guidance below when Governor Northam issued Executive Order 63 requiring face coverings in certain situations. The Committee decided to provide the guidance because the EO has no set date and may be terminated while some localities might desire to have such a requirement continue. Further the EO does appear to resolve a possible legal gap with the Governor’s prior guidance (not requirement) that masks be worn when some localities desired to impose a requirement. Finally, separate from EO 63, Virginia localities have the legal ability to require face coverings/masks during this pandemic.
Who would have thought that the protection of wearing masks would be tugged by politics? The guidance assumes health imperatives and attempts to avoid political issues. Our intent is to discuss available authority. As you know, more than the ability to regulate is necessary for effective
government, and we trust to your guidance to your clients on how to best accomplish fighting this virus. Lest we dabble too much in this issue on regulation of protection, we have also included some brief authority regarding taking temperatures.
Electronic Meetings
The current framework of the Freedom of Information Act (FOIA) does not clearly anticipate the pandemic which we are experiencing. The Governor’s Directives, limiting gatherings of people, create an additional challenge to local officials as you strive to conduct business in an open environment. Local government must meet its obligations in a transparent, accessible, consistent manner, while following executive orders and state and federal directives to keep you, residents and staff safe, and prevent community virus spread. Your residents and businesses expect you to govern. The attached guidance highlights considerations and steps toward that end. Our work uses recent Attorney General Herring’s Opinion as a roadmap for local officials. You should continue to consult with your legal advisor as you move forward with meetings.
The following checklist, model ordinance for local governments, and model resolution for other public bodies incorporate transparency and public input in enabling public meetings to proceed virtually during this emergency. The checklist includes authority and procedural steps for conducting electronic meetings. The model ordinance mirrors what some localities have already put into place. The appended Albemarle County example of declaration of emergency may be helpful to those localities who have not yet declared one.
Subsequent to the Governor’s budget amendments, approved by the General Assembly on April 22, 2020, which have further enabled virtual meetings by public bodies during this emergency, the Covid-19 ad hoc committee provided (linked below) an analysis of the budget amendment.
CHECKLIST FOR HOLDING COMPLETELY ELECTRONIC PUBLIC MEETINGS 3.24.docx
Local Regional Public Entity Resolution final.docx
Model Emergency Ordinance on Continuity of Government.docx
Analysis of April 22, 2020 budget amendments re remote meetings
Tax Issues
The following guidance, regarding authority and process to defer local tax payments, addresses an issue about which many localities are concerned. The LGA Tax Practice Group has prepared this guidance. We thank the Group’s Chair Ara Tramblian and its many public and private members from
across the Commonwealth, particularly Deborah Mallory and Andrew McRoberts, for their timely work on this matter.
Our goal, and that of our LGA colleagues, is to enable you to serve your residents by doing the public’s business. We hope this guide will assist you in conducting electronic meetings during this disaster in a manner that is legal, consistent and appropriate; considers people’s health, safety and welfare; and is necessary for continuing local government operations.
LGA Tax Practice Group – Process for deferring taxes
FFCRA & Local Government Employers
The following guidance regarding the Families First Coronavirus Response Act (FFCRA) addresses frequently asked questions by Virginia pubic employers about this new law. The LGA Employment Practice Group has prepared this guidance. We thank the Group’s Chair Faith Alejandro
and its many public and private members from across the Commonwealth, particularly Michael Decamps, Cynthia Hudson and Wade Anderson, for their timely work on this matter.
Frequently Asked Questions about the Families First Coronavirus Response Act (FFCRA) for Virginia Public Employers
Sharon E. Pandak
Chair, COVID-19 Committee
COVID-19 Committee Members:
James E. Barnett
Phyllis A. Errico
Michelle M. Gowdy
Gustav Gregory Kamptner
Jan L. Proctor
Leo P. Rogers
Rebecca B. Randolph
Protests and Public Safety Handbook (Georgetown Law)
Joint Briefing by Harvard Labor & Worklife Program and National
Employment Law Project on Local Authority re workplace safety (OSHA Guidance)
– Outlines key elements of the Occupational Safety and Health Act
– Provides a legal analysis of when OSHA does and does not preempt state or local legislation or action; and
– Provides specific examples of how states and localities can protect workers during the Covid-19 pandemic.
Stanford Law School Free Covid-19 Legal Memo Database
Prepared by Hunton Andrews Kurth
Covid-19 Complaint Tracker
Compilation of Continuity in Government Ordinances (as of 4/8/2020)
Sorted by locality
Sorted by date adopted
Covid-19 Forum Attachments and Discussions
(If you are an associate member and are blocked from a post or attachment, contact Susan Custer at susan.custer@lgava.org)
Attachments
Sample Ordinance limiting gatherings of 50 or more
Sample CARES Act Business Grant Documents
Sample Cares Act Funding Agreement between County and Town
Goochland County ordinance on tax deferral
Health Department MOU re loaning employees for contract tracing
Loudoun County emergency continuity ordinance examples and support memorandum
Goochland County emergency continuity ordinance
Washington County emergency continuity ordinance
Prince William County emergency continuity ordinance
City of Richmond emergency continuity ordinance
Fairfax County emergency continuity ordinance
Albermarle County emergency continuity ordinance
City of Lynchburg furlough policy
Newport News COVID-19 law enforcement reference
COVID-19 screening questionnaire
Discussion Posts
Use of CARES Act Funds
Ambulance
Broadband
Hazard Pay for Election Workers
Supplemental CARES Act pay and FLSA
CARES Act and COIA
CARES Act and Grant Program for Non-Profits
CARES Act and Hazard Pay
Ambulances
CARES Act and public safety payroll
CARES Act and Building Code
CARES Act, procurement
Cares Act Funding and need for a public hearing
CARES Funding for Towns
CARES Coronavirus Relief Funds and Broadband
Discussion of CARES Act grant administration with several attachments
Vaccination requirements and waivers
Mandatory vaccinations
Application of 25 person limit to government meetings
AG Op 20-043 and continuity of government ordinances
Real Property Tax Abatement due to Covid-19
Discussion on extending continuity in government emergency ordinances
Mask and temperature requirements for public buildings
Discussion of enforcing face masks in public buildings
Discussion of if and when local government employees have to wear masks and when
public has to wear masks in government buildings
Discussion of application of face mask requirement to public transit drivers
Discussion on the extent of government operation exemption in Governor’s Ex. Ords.
Discussion on requiring the taking of temperatures
Discussion on how Cares Act local government costs are incurred
Discussion on local authority to enforce EO 61 (effective until June 10) and CASC Memo re enforcement
ABC Guidance
Discussion on CARES Act and EDAs/IDAs
Discussion on ordinances requiring the wearing of a face mask
Discussion on federal aid available to localities
Discussion of board of equalization meetings
Discussion of state budget amendment re electronic meetings
Survey on handling written comments during electronic meetings
Survey of procedures for holding zoning public hearings
Discussion on required meetings for planning commissions
Discussion on technology for closed sessions
Discussion on public hearings
Discussion on soliciting/receiving donations for Covid-19 emergency management
Discussion on federal employment Covid-19 guidance links
Discussion on voting
Discussion on how to handle public comments at public meetings
Discussion on use of mute during electronic meetings
Discussion on local authority to issue order restricting travel and gatherings
Discussion of mass FOIA requests
Discussion of school boards and emergency continuity orders
Discussion of COVID-19 and EMS issues
Discussion on waiver of penalties and interest on real estate taxes
Discussion on duration of emergency continuity ordinances
Discussion of emergency leave policies
Discussion on Coronovirus Response Act application of tax credit exclusion for political subdivisions
Discussion of application of Family First Response Act to local governments