Covid-19 Committee Guidance

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. 

Authority and Considerations for Requiring Face Coverings/Masks in Public Spaces, on Public Property and by Employees

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.

Albemarle example

CHECKLIST FOR HOLDING COMPLETELY ELECTRONIC PUBLIC MEETINGS 3.24.docx

Committee letter.pdf

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