HomeMy WebLinkAboutX-E-01 Emeregency Declaration and Emergency Sick Leave
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: June 21, 2021
Item: Emergency Declaration and Emergency Sick Leave
Council Action Requested:
1. Begin planning to end the City’s emergency declaration.
2. Approve extending emergency paid sick leave through the duration of the declaration.
Background Information:
Declaration of Public Health Emergency
On March 16, 2020, the Mayor declared and the City Council approved a Public Health Emergency.
This action was foundational for implementation of the City’s Emergency Operations, Continuity of
Operations Plan, and COVID-19 Pandemic Plan; it enabled coordination with county, state, and other
agencies; it enabled flexibility in procedures for procurement and operations; it provided basis for
emergency ordinances; and it provided legal basis for conducting City meetings by electronic means.
As we have seen increased vaccinations and corresponding drop in COVID-19 incidence in the
community, there has been a reduction in masking, occupancy limits, social distancing, and similar
restrictions. The City is returning to in-person meetings effective July 1, 2021. The City Council
should consider the process and timing for ending its emergency declaration.
The City’s declaration stated that it would remain in effect as long as the State of Minnesota
peacetime emergency declaration remains in effect. The legal process for the State’s declaration has
set it up for a series of 30-day extensions. At present, it runs through July 14, 2021. The federal
public health emergency has been declared under a series of 90-day extensions; at present, it expires
in mid July 2021. Both of these declarations are expected to be extended beyond July. Other recent
federal actions have an expiration of September 30, 2021.
City Utility Fines and Penalties
On March 26, 2020, the City Council approved an emergency ordinance which waived late fees and
penalties for non-payment of City utilities during the duration of the several emergency declarations.
Rather than having late fees and penalties suddenly become reinstated without notice, the City should
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consider linking the waiver to only the City’s emergency declaration, a specific date for ending the
City’s declaration, and a reasonable notice period for utility customers.
Temporary Measures for Operation of Commerce
On May 18, 2020, the City Council approved a resolution for certain temporary measures to benefit
commerce. On February 16, 2021, the City Council approved a resolution extending these measures
through November 1, 2021. These measures included:
• Allowing commerce and display of merchandise on public sidewalks, with conditions.
• Providing tables, portable toilets, and hand wash stations at the Hwy. 61 Bridge plaza.
• Assessing need for tables in parks and along riverfront.
• Allowing conversion of private parking lots for outdoor dining and pick-up areas.
• Not prioritizing enforcement of temporary sign regulations.
Emergency Paid Sick Leave
The Families First Coronavirus Relief Act (FFCRA) went into effect April 1 and expired December
31, 2020. The act provides for up to 80 hours of emergency paid sick leave if an employee is unable
to work or telework for a qualifying reason due to the COVID-19 pandemic. The City has had
several employees who have utilized this benefit.
On December 21, 2020, the City Council approved extending the date for use of emergency paid sick
leave under the act through March 31, 2021. On March 1, 2021, the City Council extended the date
through June 30, 2021. These extensions were only for emergency paid sick leave and not other
aspects of the FFCRA which had expired.
There is a logical connection between the benefit and the emergency declaration, I recommend
further extending the date for use of emergency paid sick leave through the duration of the
declaration.
Financial Impact:
Depending on its use, the City would provide up to 80 hours of paid leave for an unknown number of
employees.
Committee Discussion:
Not applicable
Attachment:
None
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