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COVID-19 Questions

CS
Caroline Storer
Thu, Mar 19, 2020 5:39 PM

Good Afternoon all,

We appreciate you being so willing to assist during this uncertain time. We had a number of questions before our last COVID-19 call, some were answered other we ran out of time for. I am including them below. Please reply all if you have helpful information. If you are sharing documents or resources to this list, we will assume it is okay for them to be placed in the DropBox of materials about COVID-19 unless you say otherwise.

We have another call scheduled for Tuesday, March 24 at 3PM ET
Dial-in Number: 425-436-6376, Access Code: 717541 then press #

Please click herehttps://www.dropbox.com/sh/lk8u55p2rteypgw/AAAzMlpugd0WkiAYBxMJ-C7qa?dl=0 to access the past call recordings and all associated materials. Please note this is being updated as we get any new information, so check back often!

Due to the utility of the listservs for sharing information in this difficult time, we are experiencing some issues with "bandwidth". We'd like to ask for both patience and that when you post if you can send links to safe sites rather than attachments and also when you reply, delete the previous messages in the string as they build the data becomes huge and overwhelms our listserv capacity.  Also, always remember that emails are public records in most states.

Questions:

  1. Our city is curious if you've heard how most cities are handling payroll for individuals that are diagnosed or self-quarantine due to exposure. Are most cities sending employees home with pay? Without pay? Required to use Sick/Vacation time?

  2. I would like to ask the group a question about whether municipalities are considering taking the temperatures of employees as a precautionary measure.  We are looking into taking the temperatures of our officers (mainly patrol) at the beginning and end of each shift.

  3. I would also like to know how municipalities are screening the public who come into facilities.  We have developed a questionnaire to deal with police applicants coming in for interviews but are trying to figure out how to handle the general public.

  4. If/when there is a city/state/federal order to quarantine at home, are employees still being paid, or are they required to use sick time or annual leave? If they have none, can it be unpaid?

  5. If/when employees have to stay home to take care of children due to daycare/school closures, are they allowed to use sick time if they have no annual leave?

                                                         i.      Are any cities paying these employees their regular salaries during this time without having to take their sick/annual leave?

  6. Can Cities lawfully restrict their employee's travel? If so, to what extent?

  7. What are people doing about tolling time periods that applications need to be acted on to avoid appeals or constructive grants?  In MA, we (our state muni bar) are proposing legislation or an Executive Order from the Governor.

  8. How are people handling public records requests that must be acted on within a certain time and the people who do it are not at work?

  9. One of the things that we have been asked about is a template for a declaration of emergency for public health reasons. We have not created a template. I am reaching out to you to find out if you have a template or have compiled any of these declarations from other cities across the country, that you are willing to share.

  10. How are employees handled who are sent home for displaying symptoms (e.g. sick leave vs. administrative leave)

  11. Trying to get clarification on whether, in light of the President and the governor (Texas) declaring a national/state of disaster, does a local entity have to declare a local state of disaster to be eligible for reimbursement of FEMA funds?

  12. Can a municipality based upon COVID-19 concerns deny employee leave for a certain period of time that the municipality has determined is relevant?

  13. How are cities handling advertised public bid openings? (assuming they are not postponed) video broadcast? limited public access?

  14. Are any city attorney offices starting a staggered schedule for staff to avoid having the entire staff quarantined if a positive test? We have 5 attorneys working from home and 4 working in the office.

Thank you!

[cid:image001.png@01D5FDF3.CF06FE80]

Caroline Storer
Marketing and Administrative Coordinator
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD 20850

[cid:image003.jpg@01D5FDF3.CF06FE80]http://www.facebook.com/IMLA-259977855541/  [cid:image004.jpg@01D5FDF3.CF06FE80] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./  [cid:image005.png@01D5FDF3.CF06FE80] http://twitter.com/imlalegal  [cid:image006.jpg@01D5FDF3.CF06FE80] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7104  M (202) 246-6050

W www.imla.orghttp://www.imla.org/

Plan Ahead!

IMLA's 2020 Mid-Year Seminarhttps://imla.org/events/seminars, April 24-27 in Washington, DC!

IMLA's 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!

Good Afternoon all, We appreciate you being so willing to assist during this uncertain time. We had a number of questions before our last COVID-19 call, some were answered other we ran out of time for. I am including them below. Please reply all if you have helpful information. If you are sharing documents or resources to this list, we will assume it is okay for them to be placed in the DropBox of materials about COVID-19 unless you say otherwise. We have another call scheduled for Tuesday, March 24 at 3PM ET Dial-in Number: 425-436-6376, Access Code: 717541 then press # Please click here<https://www.dropbox.com/sh/lk8u55p2rteypgw/AAAzMlpugd0WkiAYBxMJ-C7qa?dl=0> to access the past call recordings and all associated materials. Please note this is being updated as we get any new information, so check back often! Due to the utility of the listservs for sharing information in this difficult time, we are experiencing some issues with "bandwidth". We'd like to ask for both patience and that when you post if you can send links to safe sites rather than attachments and also when you reply, delete the previous messages in the string as they build the data becomes huge and overwhelms our listserv capacity. Also, always remember that emails are public records in most states. Questions: 1. Our city is curious if you've heard how most cities are handling payroll for individuals that are diagnosed or self-quarantine due to exposure. Are most cities sending employees home with pay? Without pay? Required to use Sick/Vacation time? 1. I would like to ask the group a question about whether municipalities are considering taking the temperatures of employees as a precautionary measure. We are looking into taking the temperatures of our officers (mainly patrol) at the beginning and end of each shift. 1. I would also like to know how municipalities are screening the public who come into facilities. We have developed a questionnaire to deal with police applicants coming in for interviews but are trying to figure out how to handle the general public. 1. If/when there is a city/state/federal order to quarantine at home, are employees still being paid, or are they required to use sick time or annual leave? If they have none, can it be unpaid? 1. If/when employees have to stay home to take care of children due to daycare/school closures, are they allowed to use sick time if they have no annual leave? i. Are any cities paying these employees their regular salaries during this time without having to take their sick/annual leave? 1. Can Cities lawfully restrict their employee's travel? If so, to what extent? 1. What are people doing about tolling time periods that applications need to be acted on to avoid appeals or constructive grants? In MA, we (our state muni bar) are proposing legislation or an Executive Order from the Governor. 1. How are people handling public records requests that must be acted on within a certain time and the people who do it are not at work? 1. One of the things that we have been asked about is a template for a declaration of emergency for public health reasons. We have not created a template. I am reaching out to you to find out if you have a template or have compiled any of these declarations from other cities across the country, that you are willing to share. 1. How are employees handled who are sent home for displaying symptoms (e.g. sick leave vs. administrative leave) 1. Trying to get clarification on whether, in light of the President and the governor (Texas) declaring a national/state of disaster, does a local entity have to declare a local state of disaster to be eligible for reimbursement of FEMA funds? 1. Can a municipality based upon COVID-19 concerns deny employee leave for a certain period of time that the municipality has determined is relevant? 1. How are cities handling advertised public bid openings? (assuming they are not postponed) video broadcast? limited public access? 1. Are any city attorney offices starting a staggered schedule for staff to avoid having the entire staff quarantined if a positive test? We have 5 attorneys working from home and 4 working in the office. Thank you! [cid:image001.png@01D5FDF3.CF06FE80] Caroline Storer Marketing and Administrative Coordinator International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD 20850 [cid:image003.jpg@01D5FDF3.CF06FE80]<http://www.facebook.com/IMLA-259977855541/> [cid:image004.jpg@01D5FDF3.CF06FE80] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image005.png@01D5FDF3.CF06FE80] <http://twitter.com/imlalegal> [cid:image006.jpg@01D5FDF3.CF06FE80] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7104 M (202) 246-6050 W www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 2020 Mid-Year Seminar<https://imla.org/events/seminars>, April 24-27 in Washington, DC! IMLA's 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA!
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DA
Davis, Anna
Thu, Mar 19, 2020 5:56 PM

Regarding Question #2, the EEOC has said, since the call, that taking employee temperatures is acceptable.

https://www.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfm

From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Caroline Storer
Sent: Thursday, March 19, 2020 1:39 PM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] COVID-19 Questions

Good Afternoon all,

We appreciate you being so willing to assist during this uncertain time. We had a number of questions before our last COVID-19 call, some were answered other we ran out of time for. I am including them below. Please reply all if you have helpful information. If you are sharing documents or resources to this list, we will assume it is okay for them to be placed in the DropBox of materials about COVID-19 unless you say otherwise.

We have another call scheduled for Tuesday, March 24 at 3PM ET
Dial-in Number: 425-436-6376, Access Code: 717541 then press #

Please click herehttps://www.dropbox.com/sh/lk8u55p2rteypgw/AAAzMlpugd0WkiAYBxMJ-C7qa?dl=0 to access the past call recordings and all associated materials. Please note this is being updated as we get any new information, so check back often!

Due to the utility of the listservs for sharing information in this difficult time, we are experiencing some issues with "bandwidth". We'd like to ask for both patience and that when you post if you can send links to safe sites rather than attachments and also when you reply, delete the previous messages in the string as they build the data becomes huge and overwhelms our listserv capacity.  Also, always remember that emails are public records in most states.

Questions:

  1. Our city is curious if you've heard how most cities are handling payroll for individuals that are diagnosed or self-quarantine due to exposure. Are most cities sending employees home with pay? Without pay? Required to use Sick/Vacation time?

  2. I would like to ask the group a question about whether municipalities are considering taking the temperatures of employees as a precautionary measure.  We are looking into taking the temperatures of our officers (mainly patrol) at the beginning and end of each shift.

  3. I would also like to know how municipalities are screening the public who come into facilities.  We have developed a questionnaire to deal with police applicants coming in for interviews but are trying to figure out how to handle the general public.

  4. If/when there is a city/state/federal order to quarantine at home, are employees still being paid, or are they required to use sick time or annual leave? If they have none, can it be unpaid?

  5. If/when employees have to stay home to take care of children due to daycare/school closures, are they allowed to use sick time if they have no annual leave?

                                                         i.      Are any cities paying these employees their regular salaries during this time without having to take their sick/annual leave?

  6. Can Cities lawfully restrict their employee's travel? If so, to what extent?

  7. What are people doing about tolling time periods that applications need to be acted on to avoid appeals or constructive grants?  In MA, we (our state muni bar) are proposing legislation or an Executive Order from the Governor.

  8. How are people handling public records requests that must be acted on within a certain time and the people who do it are not at work?

  9. One of the things that we have been asked about is a template for a declaration of emergency for public health reasons. We have not created a template. I am reaching out to you to find out if you have a template or have compiled any of these declarations from other cities across the country, that you are willing to share.

  10. How are employees handled who are sent home for displaying symptoms (e.g. sick leave vs. administrative leave)

  11. Trying to get clarification on whether, in light of the President and the governor (Texas) declaring a national/state of disaster, does a local entity have to declare a local state of disaster to be eligible for reimbursement of FEMA funds?

  12. Can a municipality based upon COVID-19 concerns deny employee leave for a certain period of time that the municipality has determined is relevant?

  13. How are cities handling advertised public bid openings? (assuming they are not postponed) video broadcast? limited public access?

  14. Are any city attorney offices starting a staggered schedule for staff to avoid having the entire staff quarantined if a positive test? We have 5 attorneys working from home and 4 working in the office.

Thank you!

[cid:image001.png@01D5FDF6.2BEBE640]

Caroline Storer
Marketing and Administrative Coordinator
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD 20850

[cid:image009.jpg@01D5FDF6.2BEBE640]http://www.facebook.com/IMLA-259977855541/  [cid:image010.jpg@01D5FDF6.2BEBE640] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./  [cid:image011.png@01D5FDF6.2BEBE640] http://twitter.com/imlalegal  [cid:image012.jpg@01D5FDF6.2BEBE640] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7104  M (202) 246-6050

W www.imla.orghttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2f&c=E,1,_FSCJ7yqdSdVJFdbP5BvStCbEbJVPW07vTvltof5M9Sw0P8hBfYzVWPRSLp1CgVGP69kMTXnTMQ9PxkXA2S5OaGM-iU3R9GOPblzn5ngiBMYYA,,&typo=1

Plan Ahead!

IMLA's 2020 Mid-Year Seminarhttps://linkprotect.cudasvc.com/url?a=https%3a%2f%2fimla.org%2fevents%2fseminars&c=E,1,w0FDGQfY5d7oKfxQFlX3KCHrT3NsOHIhQbdJ26sWf_eCiPiyrFAYN7qTl5XM_TDtB-BRj5A2uymUJJHi4f-os0n6lUnxt7ENibHUz4aCNChalmDWR1Bc&typo=1, April 24-27 in Washington, DC!

IMLA's 85th Annual Conferencehttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fimla.org%2fevents%2fconferences&c=E,1,CyYjTeVxs77VNjIaYmU2UZ8eG0HZDCwhyIwXlAqZoA0TQdJ66sQWago6POn-SLY1td9AU02OXHyP-j1S-2C-RkvfIDPyX9d-OWC4T9WAU51nObg,&typo=1, September 23-27 in La Quinta, CA!

Regarding Question #2, the EEOC has said, since the call, that taking employee temperatures is acceptable. https://www.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfm From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Caroline Storer Sent: Thursday, March 19, 2020 1:39 PM To: disasterrelief@lists.imla.org Subject: [Disasterrelief] COVID-19 Questions Good Afternoon all, We appreciate you being so willing to assist during this uncertain time. We had a number of questions before our last COVID-19 call, some were answered other we ran out of time for. I am including them below. Please reply all if you have helpful information. If you are sharing documents or resources to this list, we will assume it is okay for them to be placed in the DropBox of materials about COVID-19 unless you say otherwise. We have another call scheduled for Tuesday, March 24 at 3PM ET Dial-in Number: 425-436-6376, Access Code: 717541 then press # Please click here<https://www.dropbox.com/sh/lk8u55p2rteypgw/AAAzMlpugd0WkiAYBxMJ-C7qa?dl=0> to access the past call recordings and all associated materials. Please note this is being updated as we get any new information, so check back often! Due to the utility of the listservs for sharing information in this difficult time, we are experiencing some issues with "bandwidth". We'd like to ask for both patience and that when you post if you can send links to safe sites rather than attachments and also when you reply, delete the previous messages in the string as they build the data becomes huge and overwhelms our listserv capacity. Also, always remember that emails are public records in most states. Questions: 1. Our city is curious if you've heard how most cities are handling payroll for individuals that are diagnosed or self-quarantine due to exposure. Are most cities sending employees home with pay? Without pay? Required to use Sick/Vacation time? 1. I would like to ask the group a question about whether municipalities are considering taking the temperatures of employees as a precautionary measure. We are looking into taking the temperatures of our officers (mainly patrol) at the beginning and end of each shift. 1. I would also like to know how municipalities are screening the public who come into facilities. We have developed a questionnaire to deal with police applicants coming in for interviews but are trying to figure out how to handle the general public. 1. If/when there is a city/state/federal order to quarantine at home, are employees still being paid, or are they required to use sick time or annual leave? If they have none, can it be unpaid? 1. If/when employees have to stay home to take care of children due to daycare/school closures, are they allowed to use sick time if they have no annual leave? i. Are any cities paying these employees their regular salaries during this time without having to take their sick/annual leave? 1. Can Cities lawfully restrict their employee's travel? If so, to what extent? 1. What are people doing about tolling time periods that applications need to be acted on to avoid appeals or constructive grants? In MA, we (our state muni bar) are proposing legislation or an Executive Order from the Governor. 1. How are people handling public records requests that must be acted on within a certain time and the people who do it are not at work? 1. One of the things that we have been asked about is a template for a declaration of emergency for public health reasons. We have not created a template. I am reaching out to you to find out if you have a template or have compiled any of these declarations from other cities across the country, that you are willing to share. 1. How are employees handled who are sent home for displaying symptoms (e.g. sick leave vs. administrative leave) 1. Trying to get clarification on whether, in light of the President and the governor (Texas) declaring a national/state of disaster, does a local entity have to declare a local state of disaster to be eligible for reimbursement of FEMA funds? 1. Can a municipality based upon COVID-19 concerns deny employee leave for a certain period of time that the municipality has determined is relevant? 1. How are cities handling advertised public bid openings? (assuming they are not postponed) video broadcast? limited public access? 1. Are any city attorney offices starting a staggered schedule for staff to avoid having the entire staff quarantined if a positive test? We have 5 attorneys working from home and 4 working in the office. Thank you! [cid:image001.png@01D5FDF6.2BEBE640] Caroline Storer Marketing and Administrative Coordinator International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD 20850 [cid:image009.jpg@01D5FDF6.2BEBE640]<http://www.facebook.com/IMLA-259977855541/> [cid:image010.jpg@01D5FDF6.2BEBE640] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image011.png@01D5FDF6.2BEBE640] <http://twitter.com/imlalegal> [cid:image012.jpg@01D5FDF6.2BEBE640] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7104 M (202) 246-6050 W www.imla.org<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2f&c=E,1,_FSCJ7yqdSdVJFdbP5BvStCbEbJVPW07vTvltof5M9Sw0P8hBfYzVWPRSLp1CgVGP69kMTXnTMQ9PxkXA2S5OaGM-iU3R9GOPblzn5ngiBMYYA,,&typo=1> Plan Ahead! IMLA's 2020 Mid-Year Seminar<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fimla.org%2fevents%2fseminars&c=E,1,w0FDGQfY5d7oKfxQFlX3KCHrT3NsOHIhQbdJ26sWf_eCiPiyrFAYN7qTl5XM_TDtB-BRj5A2uymUJJHi4f-os0n6lUnxt7ENibHUz4aCNChalmDWR1Bc&typo=1>, April 24-27 in Washington, DC! IMLA's 85th Annual Conference<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fimla.org%2fevents%2fconferences&c=E,1,CyYjTeVxs77VNjIaYmU2UZ8eG0HZDCwhyIwXlAqZoA0TQdJ66sQWago6POn-SLY1td9AU02OXHyP-j1S-2C-RkvfIDPyX9d-OWC4T9WAU51nObg,&typo=1>, September 23-27 in La Quinta, CA!
Attached image Attached image Attached image Attached image Attached image Attached image Attached image
SA
Susana Alcala Wood
Thu, Mar 19, 2020 6:06 PM

Sacramento, CA has emergency declarations, moratorium ordinance on residential evictions, a chart we developed for determining essential vs. Non- essential employees, a urgency ordinance for local business economic relief program, emergency telecommute policy, and other documents being created on a daily basis.

Council directed city manager to pay employees deemed "not essential" and not able to work remotely.

Our court issued an order that has essentially tolled all civil deadlines and is open only for very specific cases.

I have talked every employee in my office that can work remotely, to do so and yesterday went to a staggered work shift for those that can't.

Yes emergency declaration necessary for FEMA.  Everyone in the city who is working on the response is coding payroll timesheets " Covid19" for Fema recovery ( hopefully).

Cities police powers very broad and we believe City council can order stay in place/ shelter in place if County health officer reluctant to do so. Necessary in California because some health officers won't.

Hope that's helpful.  Let me know if we can send you samples.

Like all of you, I am spending 100%+ of my time on assisting in the response.  Stay healthy, drink lots of water, take vitamin C, eat right and sleep whenever you can! Stay healthy everyone.

Susana

Susana Alcala Wood
City Attorney
915 I Street, Fourth Floor
Sacramento, CA 95814
916-808-5346
sawood@cityofsacramento.org

This email contains material that is confidential and/or privileged under the work product doctrine, and attorney-client or official information privileges, for the sole use of the intended recipient.  Any reliance on or review of this email by anyone other than the intended recipient, or any distribution or forwarding of this email, without express written permission of the City Attorney is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email, and destroy all copies of the original message.

From: Disasterrelief disasterrelief-bounces@lists.imla.org on behalf of Caroline Storer Cstorer@imla.org
Sent: Thursday, March 19, 2020 10:39 AM
To: disasterrelief@lists.imla.org disasterrelief@lists.imla.org
Subject: [Disasterrelief] COVID-19 Questions

Good Afternoon all,

We appreciate you being so willing to assist during this uncertain time. We had a number of questions before our last COVID-19 call, some were answered other we ran out of time for. I am including them below. Please reply all if you have helpful information. If you are sharing documents or resources to this list, we will assume it is okay for them to be placed in the DropBox of materials about COVID-19 unless you say otherwise.

We have another call scheduled for Tuesday, March 24 at 3PM ET

Dial-in Number: 425-436-6376, Access Code: 717541 then press #

Please click herehttps://www.dropbox.com/sh/lk8u55p2rteypgw/AAAzMlpugd0WkiAYBxMJ-C7qa?dl=0 to access the past call recordings and all associated materials. Please note this is being updated as we get any new information, so check back often!

Due to the utility of the listservs for sharing information in this difficult time, we are experiencing some issues with “bandwidth”. We’d like to ask for both patience and that when you post if you can send links to safe sites rather than attachments and also when you reply, delete the previous messages in the string as they build the data becomes huge and overwhelms our listserv capacity.  Also, always remember that emails are public records in most states.

Questions:

  1. Our city is curious if you’ve heard how most cities are handling payroll for individuals that are diagnosed or self-quarantine due to exposure. Are most cities sending employees home with pay? Without pay? Required to use Sick/Vacation time?

  2. I would like to ask the group a question about whether municipalities are considering taking the temperatures of employees as a precautionary measure.  We are looking into taking the temperatures of our officers (mainly patrol) at the beginning and end of each shift.

  3. I would also like to know how municipalities are screening the public who come into facilities.  We have developed a questionnaire to deal with police applicants coming in for interviews but are trying to figure out how to handle the general public.

  4. If/when there is a city/state/federal order to quarantine at home, are employees still being paid, or are they required to use sick time or annual leave? If they have none, can it be unpaid?

  5. If/when employees have to stay home to take care of children due to daycare/school closures, are they allowed to use sick time if they have no annual leave?

                                                         i.      Are any cities paying these employees their regular salaries during this time without having to take their sick/annual leave?

  6. Can Cities lawfully restrict their employee’s travel? If so, to what extent?

  7. What are people doing about tolling time periods that applications need to be acted on to avoid appeals or constructive grants?  In MA, we (our state muni bar) are proposing legislation or an Executive Order from the Governor.

  8. How are people handling public records requests that must be acted on within a certain time and the people who do it are not at work?

  9. One of the things that we have been asked about is a template for a declaration of emergency for public health reasons. We have not created a template. I am reaching out to you to find out if you have a template or have compiled any of these declarations from other cities across the country, that you are willing to share.

  10. How are employees handled who are sent home for displaying symptoms (e.g. sick leave vs. administrative leave)

  11. Trying to get clarification on whether, in light of the President and the governor (Texas) declaring a national/state of disaster, does a local entity have to declare a local state of disaster to be eligible for reimbursement of FEMA funds?

  12. Can a municipality based upon COVID-19 concerns deny employee leave for a certain period of time that the municipality has determined is relevant?

  13. How are cities handling advertised public bid openings? (assuming they are not postponed) video broadcast? limited public access?

  14. Are any city attorney offices starting a staggered schedule for staff to avoid having the entire staff quarantined if a positive test? We have 5 attorneys working from home and 4 working in the office.

Thank you!

[cid:image001.png@01D5FDF3.CF06FE80]

Caroline Storer
Marketing and Administrative Coordinator

International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD 20850

[cid:image003.jpg@01D5FDF3.CF06FE80]http://www.facebook.com/IMLA-259977855541/  [cid:image004.jpg@01D5FDF3.CF06FE80] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./  [cid:image005.png@01D5FDF3.CF06FE80] http://twitter.com/imlalegal  [cid:image006.jpg@01D5FDF3.CF06FE80] http://soundcloud.com/internationalmunicipallawyersassociation

P (202) 466-5424 ext. 7104  M (202) 246-6050

W www.imla.orghttp://www.imla.org/

Plan Ahead!

IMLA’s 2020 Mid-Year Seminarhttps://imla.org/events/seminars, April 24-27 in Washington, DC!

IMLA’s 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!

Sacramento, CA has emergency declarations, moratorium ordinance on residential evictions, a chart we developed for determining essential vs. Non- essential employees, a urgency ordinance for local business economic relief program, emergency telecommute policy, and other documents being created on a daily basis. Council directed city manager to pay employees deemed "not essential" and not able to work remotely. Our court issued an order that has essentially tolled all civil deadlines and is open only for very specific cases. I have talked every employee in my office that can work remotely, to do so and yesterday went to a staggered work shift for those that can't. Yes emergency declaration necessary for FEMA. Everyone in the city who is working on the response is coding payroll timesheets " Covid19" for Fema recovery ( hopefully). Cities police powers very broad and we believe City council can order stay in place/ shelter in place if County health officer reluctant to do so. Necessary in California because some health officers won't. Hope that's helpful. Let me know if we can send you samples. Like all of you, I am spending 100%+ of my time on assisting in the response. Stay healthy, drink lots of water, take vitamin C, eat right and sleep whenever you can! Stay healthy everyone. Susana Susana Alcala Wood City Attorney 915 I Street, Fourth Floor Sacramento, CA 95814 916-808-5346 sawood@cityofsacramento.org This email contains material that is confidential and/or privileged under the work product doctrine, and attorney-client or official information privileges, for the sole use of the intended recipient. Any reliance on or review of this email by anyone other than the intended recipient, or any distribution or forwarding of this email, without express written permission of the City Attorney is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email, and destroy all copies of the original message. ________________________________ From: Disasterrelief <disasterrelief-bounces@lists.imla.org> on behalf of Caroline Storer <Cstorer@imla.org> Sent: Thursday, March 19, 2020 10:39 AM To: disasterrelief@lists.imla.org <disasterrelief@lists.imla.org> Subject: [Disasterrelief] COVID-19 Questions Good Afternoon all, We appreciate you being so willing to assist during this uncertain time. We had a number of questions before our last COVID-19 call, some were answered other we ran out of time for. I am including them below. Please reply all if you have helpful information. If you are sharing documents or resources to this list, we will assume it is okay for them to be placed in the DropBox of materials about COVID-19 unless you say otherwise. We have another call scheduled for Tuesday, March 24 at 3PM ET Dial-in Number: 425-436-6376, Access Code: 717541 then press # Please click here<https://www.dropbox.com/sh/lk8u55p2rteypgw/AAAzMlpugd0WkiAYBxMJ-C7qa?dl=0> to access the past call recordings and all associated materials. Please note this is being updated as we get any new information, so check back often! Due to the utility of the listservs for sharing information in this difficult time, we are experiencing some issues with “bandwidth”. We’d like to ask for both patience and that when you post if you can send links to safe sites rather than attachments and also when you reply, delete the previous messages in the string as they build the data becomes huge and overwhelms our listserv capacity. Also, always remember that emails are public records in most states. Questions: 1. Our city is curious if you’ve heard how most cities are handling payroll for individuals that are diagnosed or self-quarantine due to exposure. Are most cities sending employees home with pay? Without pay? Required to use Sick/Vacation time? 1. I would like to ask the group a question about whether municipalities are considering taking the temperatures of employees as a precautionary measure. We are looking into taking the temperatures of our officers (mainly patrol) at the beginning and end of each shift. 1. I would also like to know how municipalities are screening the public who come into facilities. We have developed a questionnaire to deal with police applicants coming in for interviews but are trying to figure out how to handle the general public. 1. If/when there is a city/state/federal order to quarantine at home, are employees still being paid, or are they required to use sick time or annual leave? If they have none, can it be unpaid? 1. If/when employees have to stay home to take care of children due to daycare/school closures, are they allowed to use sick time if they have no annual leave? i. Are any cities paying these employees their regular salaries during this time without having to take their sick/annual leave? 1. Can Cities lawfully restrict their employee’s travel? If so, to what extent? 1. What are people doing about tolling time periods that applications need to be acted on to avoid appeals or constructive grants? In MA, we (our state muni bar) are proposing legislation or an Executive Order from the Governor. 1. How are people handling public records requests that must be acted on within a certain time and the people who do it are not at work? 1. One of the things that we have been asked about is a template for a declaration of emergency for public health reasons. We have not created a template. I am reaching out to you to find out if you have a template or have compiled any of these declarations from other cities across the country, that you are willing to share. 1. How are employees handled who are sent home for displaying symptoms (e.g. sick leave vs. administrative leave) 1. Trying to get clarification on whether, in light of the President and the governor (Texas) declaring a national/state of disaster, does a local entity have to declare a local state of disaster to be eligible for reimbursement of FEMA funds? 1. Can a municipality based upon COVID-19 concerns deny employee leave for a certain period of time that the municipality has determined is relevant? 1. How are cities handling advertised public bid openings? (assuming they are not postponed) video broadcast? limited public access? 1. Are any city attorney offices starting a staggered schedule for staff to avoid having the entire staff quarantined if a positive test? We have 5 attorneys working from home and 4 working in the office. Thank you! [cid:image001.png@01D5FDF3.CF06FE80] Caroline Storer Marketing and Administrative Coordinator International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD 20850 [cid:image003.jpg@01D5FDF3.CF06FE80]<http://www.facebook.com/IMLA-259977855541/> [cid:image004.jpg@01D5FDF3.CF06FE80] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image005.png@01D5FDF3.CF06FE80] <http://twitter.com/imlalegal> [cid:image006.jpg@01D5FDF3.CF06FE80] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7104 M (202) 246-6050 W www.imla.org<http://www.imla.org/> Plan Ahead! IMLA’s 2020 Mid-Year Seminar<https://imla.org/events/seminars>, April 24-27 in Washington, DC! IMLA’s 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA!
Attached image Attached image Attached image Attached image Attached image Attached image
MH
Mulloy, Heather
Fri, Mar 20, 2020 12:06 PM

All:  Thank you for your response regarding taking the temperature of employees.  I have another question for police encounters with the public:

Can an officer ask a member of the public a series of questions regarding potential exposure to Coronavirus when in a potential citation/arrest situation? Or is it better to state that they do not have to answer and they can voluntarily answer the questions, if they wish.

Thank you,

Heather Mulloy│Assistant Corporation Counsel
City of Charleston│Legal Department
180 Lockwood Drive│Charleston, SC 29403
3545 Mary Ader Drive | Charleston, SC 29414
T: (843) 720-2439│C: (843) 494-3156 | F: 843-965-4120
mulloyh@charleston-sc.gov│ www.charleston-sc.govhttp://www.charleston-sc.gov/
[Description: cid:image001.png@01D1B66D.08531C50]

CONFIDENTIAL COMMUNICATION  The information contained in this message may contain legally privileged and confidential information intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution or duplication of this transmission is strictly prohibited.  If you have received this communication in error, please notify us by telephone or email immediately and return the original message to us and destroy all printed and electronic copies.  Nothing in this transmission is intended to be an electronic signature or to constitute an agreement of any kind under applicable law unless otherwise expressly indicated.  Intentional interception or dissemination of electronic mail not belonging to you may violate federal or state law.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Davis, Anna
Sent: Thursday, March 19, 2020 1:56 PM
To: Caroline Storer Cstorer@imla.org; disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] COVID-19 Questions

CAUTION: This email originated outside of the City of Charleston. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Regarding Question #2, the EEOC has said, since the call, that taking employee temperatures is acceptable.

https://www.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfm

From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Caroline Storer
Sent: Thursday, March 19, 2020 1:39 PM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] COVID-19 Questions

Good Afternoon all,

We appreciate you being so willing to assist during this uncertain time. We had a number of questions before our last COVID-19 call, some were answered other we ran out of time for. I am including them below. Please reply all if you have helpful information. If you are sharing documents or resources to this list, we will assume it is okay for them to be placed in the DropBox of materials about COVID-19 unless you say otherwise.

We have another call scheduled for Tuesday, March 24 at 3PM ET
Dial-in Number: 425-436-6376, Access Code: 717541 then press #

Please click herehttps://www.dropbox.com/sh/lk8u55p2rteypgw/AAAzMlpugd0WkiAYBxMJ-C7qa?dl=0 to access the past call recordings and all associated materials. Please note this is being updated as we get any new information, so check back often!

Due to the utility of the listservs for sharing information in this difficult time, we are experiencing some issues with "bandwidth". We'd like to ask for both patience and that when you post if you can send links to safe sites rather than attachments and also when you reply, delete the previous messages in the string as they build the data becomes huge and overwhelms our listserv capacity.  Also, always remember that emails are public records in most states.

Questions:

  1. Our city is curious if you've heard how most cities are handling payroll for individuals that are diagnosed or self-quarantine due to exposure. Are most cities sending employees home with pay? Without pay? Required to use Sick/Vacation time?

  2. I would like to ask the group a question about whether municipalities are considering taking the temperatures of employees as a precautionary measure.  We are looking into taking the temperatures of our officers (mainly patrol) at the beginning and end of each shift.

  3. I would also like to know how municipalities are screening the public who come into facilities.  We have developed a questionnaire to deal with police applicants coming in for interviews but are trying to figure out how to handle the general public.

  4. If/when there is a city/state/federal order to quarantine at home, are employees still being paid, or are they required to use sick time or annual leave? If they have none, can it be unpaid?

  5. If/when employees have to stay home to take care of children due to daycare/school closures, are they allowed to use sick time if they have no annual leave?

                                                         i.      Are any cities paying these employees their regular salaries during this time without having to take their sick/annual leave?

  6. Can Cities lawfully restrict their employee's travel? If so, to what extent?

  7. What are people doing about tolling time periods that applications need to be acted on to avoid appeals or constructive grants?  In MA, we (our state muni bar) are proposing legislation or an Executive Order from the Governor.

  8. How are people handling public records requests that must be acted on within a certain time and the people who do it are not at work?

  9. One of the things that we have been asked about is a template for a declaration of emergency for public health reasons. We have not created a template. I am reaching out to you to find out if you have a template or have compiled any of these declarations from other cities across the country, that you are willing to share.

  10. How are employees handled who are sent home for displaying symptoms (e.g. sick leave vs. administrative leave)

  11. Trying to get clarification on whether, in light of the President and the governor (Texas) declaring a national/state of disaster, does a local entity have to declare a local state of disaster to be eligible for reimbursement of FEMA funds?

  12. Can a municipality based upon COVID-19 concerns deny employee leave for a certain period of time that the municipality has determined is relevant?

  13. How are cities handling advertised public bid openings? (assuming they are not postponed) video broadcast? limited public access?

  14. Are any city attorney offices starting a staggered schedule for staff to avoid having the entire staff quarantined if a positive test? We have 5 attorneys working from home and 4 working in the office.

Thank you!

[cid:image003.png@01D5FE8E.83909740]

Caroline Storer
Marketing and Administrative Coordinator
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD 20850

[cid:image005.jpg@01D5FE8E.83909740]http://www.facebook.com/IMLA-259977855541/  [cid:image006.jpg@01D5FE8E.83909740] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./  [cid:image007.png@01D5FE8E.83909740] http://twitter.com/imlalegal  [cid:image009.jpg@01D5FE8E.83909740] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7104  M (202) 246-6050

W www.imla.orghttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2f&c=E,1,_FSCJ7yqdSdVJFdbP5BvStCbEbJVPW07vTvltof5M9Sw0P8hBfYzVWPRSLp1CgVGP69kMTXnTMQ9PxkXA2S5OaGM-iU3R9GOPblzn5ngiBMYYA,,&typo=1

Plan Ahead!

IMLA's 2020 Mid-Year Seminarhttps://linkprotect.cudasvc.com/url?a=https%3a%2f%2fimla.org%2fevents%2fseminars&c=E,1,w0FDGQfY5d7oKfxQFlX3KCHrT3NsOHIhQbdJ26sWf_eCiPiyrFAYN7qTl5XM_TDtB-BRj5A2uymUJJHi4f-os0n6lUnxt7ENibHUz4aCNChalmDWR1Bc&typo=1, April 24-27 in Washington, DC!

IMLA's 85th Annual Conferencehttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fimla.org%2fevents%2fconferences&c=E,1,CyYjTeVxs77VNjIaYmU2UZ8eG0HZDCwhyIwXlAqZoA0TQdJ66sQWago6POn-SLY1td9AU02OXHyP-j1S-2C-RkvfIDPyX9d-OWC4T9WAU51nObg,&typo=1, September 23-27 in La Quinta, CA!

All: Thank you for your response regarding taking the temperature of employees. I have another question for police encounters with the public: Can an officer ask a member of the public a series of questions regarding potential exposure to Coronavirus when in a potential citation/arrest situation? Or is it better to state that they do not have to answer and they can voluntarily answer the questions, if they wish. Thank you, Heather Mulloy│Assistant Corporation Counsel City of Charleston│Legal Department 180 Lockwood Drive│Charleston, SC 29403 3545 Mary Ader Drive | Charleston, SC 29414 T: (843) 720-2439│C: (843) 494-3156 | F: 843-965-4120 mulloyh@charleston-sc.gov│ www.charleston-sc.gov<http://www.charleston-sc.gov/> [Description: cid:image001.png@01D1B66D.08531C50] ***CONFIDENTIAL COMMUNICATION*** The information contained in this message may contain legally privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution or duplication of this transmission is strictly prohibited. If you have received this communication in error, please notify us by telephone or email immediately and return the original message to us and destroy all printed and electronic copies. Nothing in this transmission is intended to be an electronic signature or to constitute an agreement of any kind under applicable law unless otherwise expressly indicated. Intentional interception or dissemination of electronic mail not belonging to you may violate federal or state law. From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Davis, Anna Sent: Thursday, March 19, 2020 1:56 PM To: Caroline Storer <Cstorer@imla.org>; disasterrelief@lists.imla.org Subject: Re: [Disasterrelief] COVID-19 Questions CAUTION: This email originated outside of the City of Charleston. Do not click links or open attachments unless you recognize the sender and know the content is safe. Regarding Question #2, the EEOC has said, since the call, that taking employee temperatures is acceptable. https://www.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfm From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Caroline Storer Sent: Thursday, March 19, 2020 1:39 PM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: [Disasterrelief] COVID-19 Questions Good Afternoon all, We appreciate you being so willing to assist during this uncertain time. We had a number of questions before our last COVID-19 call, some were answered other we ran out of time for. I am including them below. Please reply all if you have helpful information. If you are sharing documents or resources to this list, we will assume it is okay for them to be placed in the DropBox of materials about COVID-19 unless you say otherwise. We have another call scheduled for Tuesday, March 24 at 3PM ET Dial-in Number: 425-436-6376, Access Code: 717541 then press # Please click here<https://www.dropbox.com/sh/lk8u55p2rteypgw/AAAzMlpugd0WkiAYBxMJ-C7qa?dl=0> to access the past call recordings and all associated materials. Please note this is being updated as we get any new information, so check back often! Due to the utility of the listservs for sharing information in this difficult time, we are experiencing some issues with "bandwidth". We'd like to ask for both patience and that when you post if you can send links to safe sites rather than attachments and also when you reply, delete the previous messages in the string as they build the data becomes huge and overwhelms our listserv capacity. Also, always remember that emails are public records in most states. Questions: 1. Our city is curious if you've heard how most cities are handling payroll for individuals that are diagnosed or self-quarantine due to exposure. Are most cities sending employees home with pay? Without pay? Required to use Sick/Vacation time? 1. I would like to ask the group a question about whether municipalities are considering taking the temperatures of employees as a precautionary measure. We are looking into taking the temperatures of our officers (mainly patrol) at the beginning and end of each shift. 1. I would also like to know how municipalities are screening the public who come into facilities. We have developed a questionnaire to deal with police applicants coming in for interviews but are trying to figure out how to handle the general public. 1. If/when there is a city/state/federal order to quarantine at home, are employees still being paid, or are they required to use sick time or annual leave? If they have none, can it be unpaid? 1. If/when employees have to stay home to take care of children due to daycare/school closures, are they allowed to use sick time if they have no annual leave? i. Are any cities paying these employees their regular salaries during this time without having to take their sick/annual leave? 1. Can Cities lawfully restrict their employee's travel? If so, to what extent? 1. What are people doing about tolling time periods that applications need to be acted on to avoid appeals or constructive grants? In MA, we (our state muni bar) are proposing legislation or an Executive Order from the Governor. 1. How are people handling public records requests that must be acted on within a certain time and the people who do it are not at work? 1. One of the things that we have been asked about is a template for a declaration of emergency for public health reasons. We have not created a template. I am reaching out to you to find out if you have a template or have compiled any of these declarations from other cities across the country, that you are willing to share. 1. How are employees handled who are sent home for displaying symptoms (e.g. sick leave vs. administrative leave) 1. Trying to get clarification on whether, in light of the President and the governor (Texas) declaring a national/state of disaster, does a local entity have to declare a local state of disaster to be eligible for reimbursement of FEMA funds? 1. Can a municipality based upon COVID-19 concerns deny employee leave for a certain period of time that the municipality has determined is relevant? 1. How are cities handling advertised public bid openings? (assuming they are not postponed) video broadcast? limited public access? 1. Are any city attorney offices starting a staggered schedule for staff to avoid having the entire staff quarantined if a positive test? We have 5 attorneys working from home and 4 working in the office. Thank you! [cid:image003.png@01D5FE8E.83909740] Caroline Storer Marketing and Administrative Coordinator International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD 20850 [cid:image005.jpg@01D5FE8E.83909740]<http://www.facebook.com/IMLA-259977855541/> [cid:image006.jpg@01D5FE8E.83909740] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image007.png@01D5FE8E.83909740] <http://twitter.com/imlalegal> [cid:image009.jpg@01D5FE8E.83909740] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7104 M (202) 246-6050 W www.imla.org<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2f&c=E,1,_FSCJ7yqdSdVJFdbP5BvStCbEbJVPW07vTvltof5M9Sw0P8hBfYzVWPRSLp1CgVGP69kMTXnTMQ9PxkXA2S5OaGM-iU3R9GOPblzn5ngiBMYYA,,&typo=1> Plan Ahead! IMLA's 2020 Mid-Year Seminar<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fimla.org%2fevents%2fseminars&c=E,1,w0FDGQfY5d7oKfxQFlX3KCHrT3NsOHIhQbdJ26sWf_eCiPiyrFAYN7qTl5XM_TDtB-BRj5A2uymUJJHi4f-os0n6lUnxt7ENibHUz4aCNChalmDWR1Bc&typo=1>, April 24-27 in Washington, DC! IMLA's 85th Annual Conference<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fimla.org%2fevents%2fconferences&c=E,1,CyYjTeVxs77VNjIaYmU2UZ8eG0HZDCwhyIwXlAqZoA0TQdJ66sQWago6POn-SLY1td9AU02OXHyP-j1S-2C-RkvfIDPyX9d-OWC4T9WAU51nObg,&typo=1>, September 23-27 in La Quinta, CA!
Attached image Attached image Attached image Attached image Attached image Attached image Attached image
DA
Davis, Anna
Fri, Mar 20, 2020 12:27 PM

Good morning, Heather:

In my view, the officers can ask these questions immediately upon interaction if unrelated to the crime and the person can choose whether to answer.  In my view, the person can refuse to answer the officer, and I do not believe that would be considered resisting arrest under these circumstances.

Officers don't need to Mirandize to ask questions about COVID, and immediately upon interaction should be ok, but I think officers should be mindful of the timing of the warning.  In general, under Miranda and the Constitutional framework related to arrests, my position is the right to remain silent is absolute.  If the person expresses a wish to remain silent, questioning should cease, and if the officer hasn't asked their COVID question upfront, I think they should stop the questions.

However, I would consider using a overarching balancing test right now to determine whether the officer should be arresting someone or if they can just cite and release for minor crimes or misdemeanors.  The risk of spreading the virus to detention staff and officers seems to outweigh the harm done by a minor offense.  For felonies or serious offenses, it seems they will need to arrest to protect the public vs. the risk of spreading the virus.

From: Mulloy, Heather [mailto:mulloyh@charleston-sc.gov]
Sent: Friday, March 20, 2020 8:07 AM
To: Davis, Anna Anna.Davis@durhamnc.gov; Caroline Storer Cstorer@imla.org; disasterrelief@lists.imla.org
Subject: RE: COVID-19 Questions

All:  Thank you for your response regarding taking the temperature of employees.  I have another question for police encounters with the public:

Can an officer ask a member of the public a series of questions regarding potential exposure to Coronavirus when in a potential citation/arrest situation? Or is it better to state that they do not have to answer and they can voluntarily answer the questions, if they wish.

Thank you,

Heather Mulloy│Assistant Corporation Counsel
City of Charleston│Legal Department
180 Lockwood Drive│Charleston, SC 29403
3545 Mary Ader Drive | Charleston, SC 29414
T: (843) 720-2439│C: (843) 494-3156 | F: 843-965-4120
mulloyh@charleston-sc.gov│ www.charleston-sc.govhttp://www.charleston-sc.gov/
[Description: cid:image001.png@01D1B66D.08531C50]

CONFIDENTIAL COMMUNICATION  The information contained in this message may contain legally privileged and confidential information intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution or duplication of this transmission is strictly prohibited.  If you have received this communication in error, please notify us by telephone or email immediately and return the original message to us and destroy all printed and electronic copies.  Nothing in this transmission is intended to be an electronic signature or to constitute an agreement of any kind under applicable law unless otherwise expressly indicated.  Intentional interception or dissemination of electronic mail not belonging to you may violate federal or state law.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Davis, Anna
Sent: Thursday, March 19, 2020 1:56 PM
To: Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] COVID-19 Questions

CAUTION: This email originated outside of the City of Charleston. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Regarding Question #2, the EEOC has said, since the call, that taking employee temperatures is acceptable.

https://www.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfm

From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Caroline Storer
Sent: Thursday, March 19, 2020 1:39 PM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] COVID-19 Questions

Good Afternoon all,

We appreciate you being so willing to assist during this uncertain time. We had a number of questions before our last COVID-19 call, some were answered other we ran out of time for. I am including them below. Please reply all if you have helpful information. If you are sharing documents or resources to this list, we will assume it is okay for them to be placed in the DropBox of materials about COVID-19 unless you say otherwise.

We have another call scheduled for Tuesday, March 24 at 3PM ET
Dial-in Number: 425-436-6376, Access Code: 717541 then press #

Please click herehttps://www.dropbox.com/sh/lk8u55p2rteypgw/AAAzMlpugd0WkiAYBxMJ-C7qa?dl=0 to access the past call recordings and all associated materials. Please note this is being updated as we get any new information, so check back often!

Due to the utility of the listservs for sharing information in this difficult time, we are experiencing some issues with "bandwidth". We'd like to ask for both patience and that when you post if you can send links to safe sites rather than attachments and also when you reply, delete the previous messages in the string as they build the data becomes huge and overwhelms our listserv capacity.  Also, always remember that emails are public records in most states.

Questions:

  1. Our city is curious if you've heard how most cities are handling payroll for individuals that are diagnosed or self-quarantine due to exposure. Are most cities sending employees home with pay? Without pay? Required to use Sick/Vacation time?

  2. I would like to ask the group a question about whether municipalities are considering taking the temperatures of employees as a precautionary measure.  We are looking into taking the temperatures of our officers (mainly patrol) at the beginning and end of each shift.

  3. I would also like to know how municipalities are screening the public who come into facilities.  We have developed a questionnaire to deal with police applicants coming in for interviews but are trying to figure out how to handle the general public.

  4. If/when there is a city/state/federal order to quarantine at home, are employees still being paid, or are they required to use sick time or annual leave? If they have none, can it be unpaid?

  5. If/when employees have to stay home to take care of children due to daycare/school closures, are they allowed to use sick time if they have no annual leave?

                                                         i.      Are any cities paying these employees their regular salaries during this time without having to take their sick/annual leave?

  6. Can Cities lawfully restrict their employee's travel? If so, to what extent?

  7. What are people doing about tolling time periods that applications need to be acted on to avoid appeals or constructive grants?  In MA, we (our state muni bar) are proposing legislation or an Executive Order from the Governor.

  8. How are people handling public records requests that must be acted on within a certain time and the people who do it are not at work?

  9. One of the things that we have been asked about is a template for a declaration of emergency for public health reasons. We have not created a template. I am reaching out to you to find out if you have a template or have compiled any of these declarations from other cities across the country, that you are willing to share.

  10. How are employees handled who are sent home for displaying symptoms (e.g. sick leave vs. administrative leave)

  11. Trying to get clarification on whether, in light of the President and the governor (Texas) declaring a national/state of disaster, does a local entity have to declare a local state of disaster to be eligible for reimbursement of FEMA funds?

  12. Can a municipality based upon COVID-19 concerns deny employee leave for a certain period of time that the municipality has determined is relevant?

  13. How are cities handling advertised public bid openings? (assuming they are not postponed) video broadcast? limited public access?

  14. Are any city attorney offices starting a staggered schedule for staff to avoid having the entire staff quarantined if a positive test? We have 5 attorneys working from home and 4 working in the office.

Thank you!

[cid:image002.png@01D5FE8F.4906F9B0]

Caroline Storer
Marketing and Administrative Coordinator
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD 20850

[cid:image010.jpg@01D5FE8F.4906F9B0]http://www.facebook.com/IMLA-259977855541/  [cid:image011.jpg@01D5FE8F.4906F9B0] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./  [cid:image012.png@01D5FE8F.4906F9B0] http://twitter.com/imlalegal  [cid:image013.jpg@01D5FE8F.4906F9B0] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7104  M (202) 246-6050

W www.imla.orghttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2f&c=E,1,_FSCJ7yqdSdVJFdbP5BvStCbEbJVPW07vTvltof5M9Sw0P8hBfYzVWPRSLp1CgVGP69kMTXnTMQ9PxkXA2S5OaGM-iU3R9GOPblzn5ngiBMYYA,,&typo=1

Plan Ahead!

IMLA's 2020 Mid-Year Seminarhttps://linkprotect.cudasvc.com/url?a=https%3a%2f%2fimla.org%2fevents%2fseminars&c=E,1,w0FDGQfY5d7oKfxQFlX3KCHrT3NsOHIhQbdJ26sWf_eCiPiyrFAYN7qTl5XM_TDtB-BRj5A2uymUJJHi4f-os0n6lUnxt7ENibHUz4aCNChalmDWR1Bc&typo=1, April 24-27 in Washington, DC!

IMLA's 85th Annual Conferencehttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fimla.org%2fevents%2fconferences&c=E,1,CyYjTeVxs77VNjIaYmU2UZ8eG0HZDCwhyIwXlAqZoA0TQdJ66sQWago6POn-SLY1td9AU02OXHyP-j1S-2C-RkvfIDPyX9d-OWC4T9WAU51nObg,&typo=1, September 23-27 in La Quinta, CA!

Good morning, Heather: In my view, the officers can ask these questions immediately upon interaction if unrelated to the crime and the person can choose whether to answer. In my view, the person can refuse to answer the officer, and I do not believe that would be considered resisting arrest under these circumstances. Officers don't need to Mirandize to ask questions about COVID, and immediately upon interaction should be ok, but I think officers should be mindful of the timing of the warning. In general, under Miranda and the Constitutional framework related to arrests, my position is the right to remain silent is absolute. If the person expresses a wish to remain silent, questioning should cease, and if the officer hasn't asked their COVID question upfront, I think they should stop the questions. However, I would consider using a overarching balancing test right now to determine whether the officer should be arresting someone or if they can just cite and release for minor crimes or misdemeanors. The risk of spreading the virus to detention staff and officers seems to outweigh the harm done by a minor offense. For felonies or serious offenses, it seems they will need to arrest to protect the public vs. the risk of spreading the virus. From: Mulloy, Heather [mailto:mulloyh@charleston-sc.gov] Sent: Friday, March 20, 2020 8:07 AM To: Davis, Anna <Anna.Davis@durhamnc.gov>; Caroline Storer <Cstorer@imla.org>; disasterrelief@lists.imla.org Subject: RE: COVID-19 Questions All: Thank you for your response regarding taking the temperature of employees. I have another question for police encounters with the public: Can an officer ask a member of the public a series of questions regarding potential exposure to Coronavirus when in a potential citation/arrest situation? Or is it better to state that they do not have to answer and they can voluntarily answer the questions, if they wish. Thank you, Heather Mulloy│Assistant Corporation Counsel City of Charleston│Legal Department 180 Lockwood Drive│Charleston, SC 29403 3545 Mary Ader Drive | Charleston, SC 29414 T: (843) 720-2439│C: (843) 494-3156 | F: 843-965-4120 mulloyh@charleston-sc.gov│ www.charleston-sc.gov<http://www.charleston-sc.gov/> [Description: cid:image001.png@01D1B66D.08531C50] ***CONFIDENTIAL COMMUNICATION*** The information contained in this message may contain legally privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution or duplication of this transmission is strictly prohibited. If you have received this communication in error, please notify us by telephone or email immediately and return the original message to us and destroy all printed and electronic copies. Nothing in this transmission is intended to be an electronic signature or to constitute an agreement of any kind under applicable law unless otherwise expressly indicated. Intentional interception or dissemination of electronic mail not belonging to you may violate federal or state law. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Davis, Anna Sent: Thursday, March 19, 2020 1:56 PM To: Caroline Storer <Cstorer@imla.org<mailto:Cstorer@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: Re: [Disasterrelief] COVID-19 Questions CAUTION: This email originated outside of the City of Charleston. Do not click links or open attachments unless you recognize the sender and know the content is safe. Regarding Question #2, the EEOC has said, since the call, that taking employee temperatures is acceptable. https://www.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfm From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Caroline Storer Sent: Thursday, March 19, 2020 1:39 PM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: [Disasterrelief] COVID-19 Questions Good Afternoon all, We appreciate you being so willing to assist during this uncertain time. We had a number of questions before our last COVID-19 call, some were answered other we ran out of time for. I am including them below. Please reply all if you have helpful information. If you are sharing documents or resources to this list, we will assume it is okay for them to be placed in the DropBox of materials about COVID-19 unless you say otherwise. We have another call scheduled for Tuesday, March 24 at 3PM ET Dial-in Number: 425-436-6376, Access Code: 717541 then press # Please click here<https://www.dropbox.com/sh/lk8u55p2rteypgw/AAAzMlpugd0WkiAYBxMJ-C7qa?dl=0> to access the past call recordings and all associated materials. Please note this is being updated as we get any new information, so check back often! Due to the utility of the listservs for sharing information in this difficult time, we are experiencing some issues with "bandwidth". We'd like to ask for both patience and that when you post if you can send links to safe sites rather than attachments and also when you reply, delete the previous messages in the string as they build the data becomes huge and overwhelms our listserv capacity. Also, always remember that emails are public records in most states. Questions: 1. Our city is curious if you've heard how most cities are handling payroll for individuals that are diagnosed or self-quarantine due to exposure. Are most cities sending employees home with pay? Without pay? Required to use Sick/Vacation time? 1. I would like to ask the group a question about whether municipalities are considering taking the temperatures of employees as a precautionary measure. We are looking into taking the temperatures of our officers (mainly patrol) at the beginning and end of each shift. 1. I would also like to know how municipalities are screening the public who come into facilities. We have developed a questionnaire to deal with police applicants coming in for interviews but are trying to figure out how to handle the general public. 1. If/when there is a city/state/federal order to quarantine at home, are employees still being paid, or are they required to use sick time or annual leave? If they have none, can it be unpaid? 1. If/when employees have to stay home to take care of children due to daycare/school closures, are they allowed to use sick time if they have no annual leave? i. Are any cities paying these employees their regular salaries during this time without having to take their sick/annual leave? 1. Can Cities lawfully restrict their employee's travel? If so, to what extent? 1. What are people doing about tolling time periods that applications need to be acted on to avoid appeals or constructive grants? In MA, we (our state muni bar) are proposing legislation or an Executive Order from the Governor. 1. How are people handling public records requests that must be acted on within a certain time and the people who do it are not at work? 1. One of the things that we have been asked about is a template for a declaration of emergency for public health reasons. We have not created a template. I am reaching out to you to find out if you have a template or have compiled any of these declarations from other cities across the country, that you are willing to share. 1. How are employees handled who are sent home for displaying symptoms (e.g. sick leave vs. administrative leave) 1. Trying to get clarification on whether, in light of the President and the governor (Texas) declaring a national/state of disaster, does a local entity have to declare a local state of disaster to be eligible for reimbursement of FEMA funds? 1. Can a municipality based upon COVID-19 concerns deny employee leave for a certain period of time that the municipality has determined is relevant? 1. How are cities handling advertised public bid openings? (assuming they are not postponed) video broadcast? limited public access? 1. Are any city attorney offices starting a staggered schedule for staff to avoid having the entire staff quarantined if a positive test? We have 5 attorneys working from home and 4 working in the office. Thank you! [cid:image002.png@01D5FE8F.4906F9B0] Caroline Storer Marketing and Administrative Coordinator International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD 20850 [cid:image010.jpg@01D5FE8F.4906F9B0]<http://www.facebook.com/IMLA-259977855541/> [cid:image011.jpg@01D5FE8F.4906F9B0] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image012.png@01D5FE8F.4906F9B0] <http://twitter.com/imlalegal> [cid:image013.jpg@01D5FE8F.4906F9B0] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7104 M (202) 246-6050 W www.imla.org<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2f&c=E,1,_FSCJ7yqdSdVJFdbP5BvStCbEbJVPW07vTvltof5M9Sw0P8hBfYzVWPRSLp1CgVGP69kMTXnTMQ9PxkXA2S5OaGM-iU3R9GOPblzn5ngiBMYYA,,&typo=1> Plan Ahead! IMLA's 2020 Mid-Year Seminar<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fimla.org%2fevents%2fseminars&c=E,1,w0FDGQfY5d7oKfxQFlX3KCHrT3NsOHIhQbdJ26sWf_eCiPiyrFAYN7qTl5XM_TDtB-BRj5A2uymUJJHi4f-os0n6lUnxt7ENibHUz4aCNChalmDWR1Bc&typo=1>, April 24-27 in Washington, DC! IMLA's 85th Annual Conference<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fimla.org%2fevents%2fconferences&c=E,1,CyYjTeVxs77VNjIaYmU2UZ8eG0HZDCwhyIwXlAqZoA0TQdJ66sQWago6POn-SLY1td9AU02OXHyP-j1S-2C-RkvfIDPyX9d-OWC4T9WAU51nObg,&typo=1>, September 23-27 in La Quinta, CA!
Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image
CT
Chuck Thompson
Fri, Mar 20, 2020 2:19 PM

Let me suggest a slightly different view while at the same time agreeing that Anna's answer is the less risky.  The Fifth Amendment protects against compelling someone to give evidence against themselves and while Miranda clearly advises a person they can remain silent, I'd err on the side of public health and insofar as the question involving Covid 19 is asked purely for public health purposes and officer safety as well as the safety of the person being asked, I think an officer could tell the person they need to answer.  The answer would be different if the questions were being asked to prove the person committed a crime like avoiding quarantine or isolation.

Would I suggest the person be arrested for not answering.  Probably not, unless there were some compelling reasons to get the information and a place to put the person if arrested.  Obviously, the underlying law will inform whether failing to answer a question regarding health is a crime, but you'd want to know some answers if the person was being arrested for something else and being inserted into a population of incarcerated people who could all be exposed to the virus if the person was not properly screened.

[cid:image001.png@01D5FEA1.181E5B10]

Charles W. Thompson, Jr.
Executive Director/General Counsel
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD 20850
[cid:image002.jpg@01D5FEA1.181E5B10]http://www.facebook.com/IMLA-259977855541/  [cid:image003.jpg@01D5FEA1.181E5B10] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./  [cid:image008.png@01D5FEA1.181E5B10] http://twitter.com/imlalegal  [cid:image010.jpg@01D5FEA1.181E5B10] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7110      M (240) 876-6790
D (202) 742-1016

W www.imla.orghttp://www.imla.org/
Plan Ahead!

IMLA's 2020 Mid-Year Seminarhttp://www.imla.org/events/seminars, April 24-27 in Washington, D.C.!
IMLA's 85th Annual Conferencehttp://www.imla.org/events/conferences, September 23-27 in Riverside County, CA!

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Davis, Anna
Sent: Friday, March 20, 2020 8:28 AM
To: Mulloy, Heather mulloyh@charleston-sc.gov; Caroline Storer Cstorer@imla.org; disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] COVID-19 Questions

Good morning, Heather:

In my view, the officers can ask these questions immediately upon interaction if unrelated to the crime and the person can choose whether to answer.  In my view, the person can refuse to answer the officer, and I do not believe that would be considered resisting arrest under these circumstances.

Officers don't need to Mirandize to ask questions about COVID, and immediately upon interaction should be ok, but I think officers should be mindful of the timing of the warning.  In general, under Miranda and the Constitutional framework related to arrests, my position is the right to remain silent is absolute.  If the person expresses a wish to remain silent, questioning should cease, and if the officer hasn't asked their COVID question upfront, I think they should stop the questions.

However, I would consider using a overarching balancing test right now to determine whether the officer should be arresting someone or if they can just cite and release for minor crimes or misdemeanors.  The risk of spreading the virus to detention staff and officers seems to outweigh the harm done by a minor offense.  For felonies or serious offenses, it seems they will need to arrest to protect the public vs. the risk of spreading the virus.

From: Mulloy, Heather [mailto:mulloyh@charleston-sc.gov]
Sent: Friday, March 20, 2020 8:07 AM
To: Davis, Anna <Anna.Davis@durhamnc.govmailto:Anna.Davis@durhamnc.gov>; Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: RE: COVID-19 Questions

All:  Thank you for your response regarding taking the temperature of employees.  I have another question for police encounters with the public:

Can an officer ask a member of the public a series of questions regarding potential exposure to Coronavirus when in a potential citation/arrest situation? Or is it better to state that they do not have to answer and they can voluntarily answer the questions, if they wish.

Thank you,

Heather Mulloy│Assistant Corporation Counsel
City of Charleston│Legal Department
180 Lockwood Drive│Charleston, SC 29403
3545 Mary Ader Drive | Charleston, SC 29414
T: (843) 720-2439│C: (843) 494-3156 | F: 843-965-4120
mulloyh@charleston-sc.gov│ www.charleston-sc.govhttp://www.charleston-sc.gov/
[Description: cid:image001.png@01D1B66D.08531C50]

CONFIDENTIAL COMMUNICATION  The information contained in this message may contain legally privileged and confidential information intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution or duplication of this transmission is strictly prohibited.  If you have received this communication in error, please notify us by telephone or email immediately and return the original message to us and destroy all printed and electronic copies.  Nothing in this transmission is intended to be an electronic signature or to constitute an agreement of any kind under applicable law unless otherwise expressly indicated.  Intentional interception or dissemination of electronic mail not belonging to you may violate federal or state law.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Davis, Anna
Sent: Thursday, March 19, 2020 1:56 PM
To: Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] COVID-19 Questions

CAUTION: This email originated outside of the City of Charleston. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Regarding Question #2, the EEOC has said, since the call, that taking employee temperatures is acceptable.

https://www.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfm

From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Caroline Storer
Sent: Thursday, March 19, 2020 1:39 PM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] COVID-19 Questions

Good Afternoon all,

We appreciate you being so willing to assist during this uncertain time. We had a number of questions before our last COVID-19 call, some were answered other we ran out of time for. I am including them below. Please reply all if you have helpful information. If you are sharing documents or resources to this list, we will assume it is okay for them to be placed in the DropBox of materials about COVID-19 unless you say otherwise.

We have another call scheduled for Tuesday, March 24 at 3PM ET
Dial-in Number: 425-436-6376, Access Code: 717541 then press #

Please click herehttps://www.dropbox.com/sh/lk8u55p2rteypgw/AAAzMlpugd0WkiAYBxMJ-C7qa?dl=0 to access the past call recordings and all associated materials. Please note this is being updated as we get any new information, so check back often!

Due to the utility of the listservs for sharing information in this difficult time, we are experiencing some issues with "bandwidth". We'd like to ask for both patience and that when you post if you can send links to safe sites rather than attachments and also when you reply, delete the previous messages in the string as they build the data becomes huge and overwhelms our listserv capacity.  Also, always remember that emails are public records in most states.

Questions:

  1. Our city is curious if you've heard how most cities are handling payroll for individuals that are diagnosed or self-quarantine due to exposure. Are most cities sending employees home with pay? Without pay? Required to use Sick/Vacation time?

  2. I would like to ask the group a question about whether municipalities are considering taking the temperatures of employees as a precautionary measure.  We are looking into taking the temperatures of our officers (mainly patrol) at the beginning and end of each shift.

  3. I would also like to know how municipalities are screening the public who come into facilities.  We have developed a questionnaire to deal with police applicants coming in for interviews but are trying to figure out how to handle the general public.

  4. If/when there is a city/state/federal order to quarantine at home, are employees still being paid, or are they required to use sick time or annual leave? If they have none, can it be unpaid?

  5. If/when employees have to stay home to take care of children due to daycare/school closures, are they allowed to use sick time if they have no annual leave?

                                                   i.      Are any cities paying these employees their regular salaries during this time without having to take their sick/annual leave?

  6. Can Cities lawfully restrict their employee's travel? If so, to what extent?

  7. What are people doing about tolling time periods that applications need to be acted on to avoid appeals or constructive grants?  In MA, we (our state muni bar) are proposing legislation or an Executive Order from the Governor.

  8. How are people handling public records requests that must be acted on within a certain time and the people who do it are not at work?

  9. One of the things that we have been asked about is a template for a declaration of emergency for public health reasons. We have not created a template. I am reaching out to you to find out if you have a template or have compiled any of these declarations from other cities across the country, that you are willing to share.

  10. How are employees handled who are sent home for displaying symptoms (e.g. sick leave vs. administrative leave)

  11. Trying to get clarification on whether, in light of the President and the governor (Texas) declaring a national/state of disaster, does a local entity have to declare a local state of disaster to be eligible for reimbursement of FEMA funds?

  12. Can a municipality based upon COVID-19 concerns deny employee leave for a certain period of time that the municipality has determined is relevant?

  13. How are cities handling advertised public bid openings? (assuming they are not postponed) video broadcast? limited public access?

  14. Are any city attorney offices starting a staggered schedule for staff to avoid having the entire staff quarantined if a positive test? We have 5 attorneys working from home and 4 working in the office.

Thank you!

[cid:image016.png@01D5FEA1.180AFA20]

Caroline Storer
Marketing and Administrative Coordinator
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD 20850

[cid:image017.jpg@01D5FEA1.180AFA20]http://www.facebook.com/IMLA-259977855541/  [cid:image018.jpg@01D5FEA1.180AFA20] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./  [cid:image019.png@01D5FEA1.180AFA20] http://twitter.com/imlalegal  [cid:image020.jpg@01D5FEA1.180AFA20] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7104  M (202) 246-6050

W www.imla.orghttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2f&c=E,1,_FSCJ7yqdSdVJFdbP5BvStCbEbJVPW07vTvltof5M9Sw0P8hBfYzVWPRSLp1CgVGP69kMTXnTMQ9PxkXA2S5OaGM-iU3R9GOPblzn5ngiBMYYA,,&typo=1

Plan Ahead!

IMLA's 2020 Mid-Year Seminarhttps://linkprotect.cudasvc.com/url?a=https%3a%2f%2fimla.org%2fevents%2fseminars&c=E,1,w0FDGQfY5d7oKfxQFlX3KCHrT3NsOHIhQbdJ26sWf_eCiPiyrFAYN7qTl5XM_TDtB-BRj5A2uymUJJHi4f-os0n6lUnxt7ENibHUz4aCNChalmDWR1Bc&typo=1, April 24-27 in Washington, DC!

IMLA's 85th Annual Conferencehttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fimla.org%2fevents%2fconferences&c=E,1,CyYjTeVxs77VNjIaYmU2UZ8eG0HZDCwhyIwXlAqZoA0TQdJ66sQWago6POn-SLY1td9AU02OXHyP-j1S-2C-RkvfIDPyX9d-OWC4T9WAU51nObg,&typo=1, September 23-27 in La Quinta, CA!

Let me suggest a slightly different view while at the same time agreeing that Anna's answer is the less risky. The Fifth Amendment protects against compelling someone to give evidence against themselves and while Miranda clearly advises a person they can remain silent, I'd err on the side of public health and insofar as the question involving Covid 19 is asked purely for public health purposes and officer safety as well as the safety of the person being asked, I think an officer could tell the person they need to answer. The answer would be different if the questions were being asked to prove the person committed a crime like avoiding quarantine or isolation. Would I suggest the person be arrested for not answering. Probably not, unless there were some compelling reasons to get the information and a place to put the person if arrested. Obviously, the underlying law will inform whether failing to answer a question regarding health is a crime, but you'd want to know some answers if the person was being arrested for something else and being inserted into a population of incarcerated people who could all be exposed to the virus if the person was not properly screened. [cid:image001.png@01D5FEA1.181E5B10] Charles W. Thompson, Jr. Executive Director/General Counsel International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD 20850 [cid:image002.jpg@01D5FEA1.181E5B10]<http://www.facebook.com/IMLA-259977855541/> [cid:image003.jpg@01D5FEA1.181E5B10] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image008.png@01D5FEA1.181E5B10] <http://twitter.com/imlalegal> [cid:image010.jpg@01D5FEA1.181E5B10] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7110 M (240) 876-6790 D (202) 742-1016 W www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 2020 Mid-Year Seminar<http://www.imla.org/events/seminars>, April 24-27 in Washington, D.C.! IMLA's 85th Annual Conference<http://www.imla.org/events/conferences>, September 23-27 in Riverside County, CA! From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Davis, Anna Sent: Friday, March 20, 2020 8:28 AM To: Mulloy, Heather <mulloyh@charleston-sc.gov>; Caroline Storer <Cstorer@imla.org>; disasterrelief@lists.imla.org Subject: Re: [Disasterrelief] COVID-19 Questions Good morning, Heather: In my view, the officers can ask these questions immediately upon interaction if unrelated to the crime and the person can choose whether to answer. In my view, the person can refuse to answer the officer, and I do not believe that would be considered resisting arrest under these circumstances. Officers don't need to Mirandize to ask questions about COVID, and immediately upon interaction should be ok, but I think officers should be mindful of the timing of the warning. In general, under Miranda and the Constitutional framework related to arrests, my position is the right to remain silent is absolute. If the person expresses a wish to remain silent, questioning should cease, and if the officer hasn't asked their COVID question upfront, I think they should stop the questions. However, I would consider using a overarching balancing test right now to determine whether the officer should be arresting someone or if they can just cite and release for minor crimes or misdemeanors. The risk of spreading the virus to detention staff and officers seems to outweigh the harm done by a minor offense. For felonies or serious offenses, it seems they will need to arrest to protect the public vs. the risk of spreading the virus. From: Mulloy, Heather [mailto:mulloyh@charleston-sc.gov] Sent: Friday, March 20, 2020 8:07 AM To: Davis, Anna <Anna.Davis@durhamnc.gov<mailto:Anna.Davis@durhamnc.gov>>; Caroline Storer <Cstorer@imla.org<mailto:Cstorer@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: RE: COVID-19 Questions All: Thank you for your response regarding taking the temperature of employees. I have another question for police encounters with the public: Can an officer ask a member of the public a series of questions regarding potential exposure to Coronavirus when in a potential citation/arrest situation? Or is it better to state that they do not have to answer and they can voluntarily answer the questions, if they wish. Thank you, Heather Mulloy│Assistant Corporation Counsel City of Charleston│Legal Department 180 Lockwood Drive│Charleston, SC 29403 3545 Mary Ader Drive | Charleston, SC 29414 T: (843) 720-2439│C: (843) 494-3156 | F: 843-965-4120 mulloyh@charleston-sc.gov│ www.charleston-sc.gov<http://www.charleston-sc.gov/> [Description: cid:image001.png@01D1B66D.08531C50] ***CONFIDENTIAL COMMUNICATION*** The information contained in this message may contain legally privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution or duplication of this transmission is strictly prohibited. If you have received this communication in error, please notify us by telephone or email immediately and return the original message to us and destroy all printed and electronic copies. Nothing in this transmission is intended to be an electronic signature or to constitute an agreement of any kind under applicable law unless otherwise expressly indicated. Intentional interception or dissemination of electronic mail not belonging to you may violate federal or state law. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Davis, Anna Sent: Thursday, March 19, 2020 1:56 PM To: Caroline Storer <Cstorer@imla.org<mailto:Cstorer@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: Re: [Disasterrelief] COVID-19 Questions CAUTION: This email originated outside of the City of Charleston. Do not click links or open attachments unless you recognize the sender and know the content is safe. Regarding Question #2, the EEOC has said, since the call, that taking employee temperatures is acceptable. https://www.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfm From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Caroline Storer Sent: Thursday, March 19, 2020 1:39 PM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: [Disasterrelief] COVID-19 Questions Good Afternoon all, We appreciate you being so willing to assist during this uncertain time. We had a number of questions before our last COVID-19 call, some were answered other we ran out of time for. I am including them below. Please reply all if you have helpful information. If you are sharing documents or resources to this list, we will assume it is okay for them to be placed in the DropBox of materials about COVID-19 unless you say otherwise. We have another call scheduled for Tuesday, March 24 at 3PM ET Dial-in Number: 425-436-6376, Access Code: 717541 then press # Please click here<https://www.dropbox.com/sh/lk8u55p2rteypgw/AAAzMlpugd0WkiAYBxMJ-C7qa?dl=0> to access the past call recordings and all associated materials. Please note this is being updated as we get any new information, so check back often! Due to the utility of the listservs for sharing information in this difficult time, we are experiencing some issues with "bandwidth". We'd like to ask for both patience and that when you post if you can send links to safe sites rather than attachments and also when you reply, delete the previous messages in the string as they build the data becomes huge and overwhelms our listserv capacity. Also, always remember that emails are public records in most states. Questions: 1. Our city is curious if you've heard how most cities are handling payroll for individuals that are diagnosed or self-quarantine due to exposure. Are most cities sending employees home with pay? Without pay? Required to use Sick/Vacation time? 1. I would like to ask the group a question about whether municipalities are considering taking the temperatures of employees as a precautionary measure. We are looking into taking the temperatures of our officers (mainly patrol) at the beginning and end of each shift. 1. I would also like to know how municipalities are screening the public who come into facilities. We have developed a questionnaire to deal with police applicants coming in for interviews but are trying to figure out how to handle the general public. 1. If/when there is a city/state/federal order to quarantine at home, are employees still being paid, or are they required to use sick time or annual leave? If they have none, can it be unpaid? 1. If/when employees have to stay home to take care of children due to daycare/school closures, are they allowed to use sick time if they have no annual leave? i. Are any cities paying these employees their regular salaries during this time without having to take their sick/annual leave? 1. Can Cities lawfully restrict their employee's travel? If so, to what extent? 1. What are people doing about tolling time periods that applications need to be acted on to avoid appeals or constructive grants? In MA, we (our state muni bar) are proposing legislation or an Executive Order from the Governor. 1. How are people handling public records requests that must be acted on within a certain time and the people who do it are not at work? 1. One of the things that we have been asked about is a template for a declaration of emergency for public health reasons. We have not created a template. I am reaching out to you to find out if you have a template or have compiled any of these declarations from other cities across the country, that you are willing to share. 1. How are employees handled who are sent home for displaying symptoms (e.g. sick leave vs. administrative leave) 1. Trying to get clarification on whether, in light of the President and the governor (Texas) declaring a national/state of disaster, does a local entity have to declare a local state of disaster to be eligible for reimbursement of FEMA funds? 1. Can a municipality based upon COVID-19 concerns deny employee leave for a certain period of time that the municipality has determined is relevant? 1. How are cities handling advertised public bid openings? (assuming they are not postponed) video broadcast? limited public access? 1. Are any city attorney offices starting a staggered schedule for staff to avoid having the entire staff quarantined if a positive test? We have 5 attorneys working from home and 4 working in the office. Thank you! [cid:image016.png@01D5FEA1.180AFA20] Caroline Storer Marketing and Administrative Coordinator International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD 20850 [cid:image017.jpg@01D5FEA1.180AFA20]<http://www.facebook.com/IMLA-259977855541/> [cid:image018.jpg@01D5FEA1.180AFA20] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image019.png@01D5FEA1.180AFA20] <http://twitter.com/imlalegal> [cid:image020.jpg@01D5FEA1.180AFA20] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7104 M (202) 246-6050 W www.imla.org<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2f&c=E,1,_FSCJ7yqdSdVJFdbP5BvStCbEbJVPW07vTvltof5M9Sw0P8hBfYzVWPRSLp1CgVGP69kMTXnTMQ9PxkXA2S5OaGM-iU3R9GOPblzn5ngiBMYYA,,&typo=1> Plan Ahead! IMLA's 2020 Mid-Year Seminar<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fimla.org%2fevents%2fseminars&c=E,1,w0FDGQfY5d7oKfxQFlX3KCHrT3NsOHIhQbdJ26sWf_eCiPiyrFAYN7qTl5XM_TDtB-BRj5A2uymUJJHi4f-os0n6lUnxt7ENibHUz4aCNChalmDWR1Bc&typo=1>, April 24-27 in Washington, DC! IMLA's 85th Annual Conference<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fimla.org%2fevents%2fconferences&c=E,1,CyYjTeVxs77VNjIaYmU2UZ8eG0HZDCwhyIwXlAqZoA0TQdJ66sQWago6POn-SLY1td9AU02OXHyP-j1S-2C-RkvfIDPyX9d-OWC4T9WAU51nObg,&typo=1>, September 23-27 in La Quinta, CA!
Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image
KM
Kay Macuil
Fri, Mar 20, 2020 2:48 PM

Our 911 dispatch is screening calls before the first responders goes out as to potential for COVID-19 so that the first responders (including police) can take precautions before heading out.

Best regards,

Kay
Kay Marion Macuil
San Luis City Attorney
Arizona

(928) 919-6838 Cell

[census-signature (004)]https://census2020.sanluisaz.gov/

https://census2020.sanluisaz.gov/

CONFIDENTIALITY NOTICE:  This e-mail and any attachment to it are STRICTLY CONFIDENTIAL and may contain privileged information only for the intended recipient or recipients.  If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, this notifies you that reading the e-mail is strictly prohibited.  If you have received this e-mail in error, please immediately notify me by reply e-mail at kmacuil@sanluisaz.govmailto:kmacuil@sanluisaz.gov and delete the e-mail and all attachments from your system.  Thank you.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Chuck Thompson
Sent: Friday, March 20, 2020 7:20 AM
To: disasterrelief@lists.imla.org
Subject: [EXTERNAL] Re: [Disasterrelief] COVID-19 Questions

Let me suggest a slightly different view while at the same time agreeing that Anna's answer is the less risky.  The Fifth Amendment protects against compelling someone to give evidence against themselves and while Miranda clearly advises a person they can remain silent, I'd err on the side of public health and insofar as the question involving Covid 19 is asked purely for public health purposes and officer safety as well as the safety of the person being asked, I think an officer could tell the person they need to answer.  The answer would be different if the questions were being asked to prove the person committed a crime like avoiding quarantine or isolation.

Would I suggest the person be arrested for not answering.  Probably not, unless there were some compelling reasons to get the information and a place to put the person if arrested.  Obviously, the underlying law will inform whether failing to answer a question regarding health is a crime, but you'd want to know some answers if the person was being arrested for something else and being inserted into a population of incarcerated people who could all be exposed to the virus if the person was not properly screened.

[cid:image006.png@01D5FE8B.EEC27BD0]

Charles W. Thompson, Jr.
Executive Director/General Counsel
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD 20850

[cid:image009.jpg@01D5FE8B.EEC27BD0]http://www.facebook.com/IMLA-259977855541/  [cid:image011.jpg@01D5FE8B.EEC27BD0] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./  [cid:image012.jpg@01D5FE8B.EEC27BD0] http://twitter.com/imlalegal  [cid:image013.jpg@01D5FE8B.EEC27BD0] http://soundcloud.com/internationalmunicipallawyersassociation

P (202) 466-5424 ext. 7110      M (240) 876-6790
D (202) 742-1016

W www.imla.orghttp://www.imla.org/

Plan Ahead!

IMLA's 2020 Mid-Year Seminarhttp://www.imla.org/events/seminars, April 24-27 in Washington, D.C.!
IMLA's 85th Annual Conferencehttp://www.imla.org/events/conferences, September 23-27 in Riverside County, CA!

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Davis, Anna
Sent: Friday, March 20, 2020 8:28 AM
To: Mulloy, Heather <mulloyh@charleston-sc.govmailto:mulloyh@charleston-sc.gov>; Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] COVID-19 Questions

Good morning, Heather:

In my view, the officers can ask these questions immediately upon interaction if unrelated to the crime and the person can choose whether to answer.  In my view, the person can refuse to answer the officer, and I do not believe that would be considered resisting arrest under these circumstances.

Officers don't need to Mirandize to ask questions about COVID, and immediately upon interaction should be ok, but I think officers should be mindful of the timing of the warning.  In general, under Miranda and the Constitutional framework related to arrests, my position is the right to remain silent is absolute.  If the person expresses a wish to remain silent, questioning should cease, and if the officer hasn't asked their COVID question upfront, I think they should stop the questions.

However, I would consider using a overarching balancing test right now to determine whether the officer should be arresting someone or if they can just cite and release for minor crimes or misdemeanors.  The risk of spreading the virus to detention staff and officers seems to outweigh the harm done by a minor offense.  For felonies or serious offenses, it seems they will need to arrest to protect the public vs. the risk of spreading the virus.

From: Mulloy, Heather [mailto:mulloyh@charleston-sc.gov]
Sent: Friday, March 20, 2020 8:07 AM
To: Davis, Anna <Anna.Davis@durhamnc.govmailto:Anna.Davis@durhamnc.gov>; Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: RE: COVID-19 Questions

All:  Thank you for your response regarding taking the temperature of employees.  I have another question for police encounters with the public:

Can an officer ask a member of the public a series of questions regarding potential exposure to Coronavirus when in a potential citation/arrest situation? Or is it better to state that they do not have to answer and they can voluntarily answer the questions, if they wish.

Thank you,

Heather Mulloy│Assistant Corporation Counsel
City of Charleston│Legal Department
180 Lockwood Drive│Charleston, SC 29403
3545 Mary Ader Drive | Charleston, SC 29414
T: (843) 720-2439│C: (843) 494-3156 | F: 843-965-4120
mulloyh@charleston-sc.gov│ www.charleston-sc.govhttp://www.charleston-sc.gov/
[Description: cid:image001.png@01D1B66D.08531C50]

CONFIDENTIAL COMMUNICATION  The information contained in this message may contain legally privileged and confidential information intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution or duplication of this transmission is strictly prohibited.  If you have received this communication in error, please notify us by telephone or email immediately and return the original message to us and destroy all printed and electronic copies.  Nothing in this transmission is intended to be an electronic signature or to constitute an agreement of any kind under applicable law unless otherwise expressly indicated.  Intentional interception or dissemination of electronic mail not belonging to you may violate federal or state law.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Davis, Anna
Sent: Thursday, March 19, 2020 1:56 PM
To: Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] COVID-19 Questions

CAUTION: This email originated outside of the City of Charleston. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Regarding Question #2, the EEOC has said, since the call, that taking employee temperatures is acceptable.

https://www.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfmhttps://www.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfm

From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Caroline Storer
Sent: Thursday, March 19, 2020 1:39 PM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] COVID-19 Questions

Good Afternoon all,

We appreciate you being so willing to assist during this uncertain time. We had a number of questions before our last COVID-19 call, some were answered other we ran out of time for. I am including them below. Please reply all if you have helpful information. If you are sharing documents or resources to this list, we will assume it is okay for them to be placed in the DropBox of materials about COVID-19 unless you say otherwise.

We have another call scheduled for Tuesday, March 24 at 3PM ET
Dial-in Number: 425-436-6376, Access Code: 717541 then press #

Please click herehttps://www.dropbox.com/sh/lk8u55p2rteypgw/AAAzMlpugd0WkiAYBxMJ-C7qa?dl=0 to access the past call recordings and all associated materials. Please note this is being updated as we get any new information, so check back often!

Due to the utility of the listservs for sharing information in this difficult time, we are experiencing some issues with "bandwidth". We'd like to ask for both patience and that when you post if you can send links to safe sites rather than attachments and also when you reply, delete the previous messages in the string as they build the data becomes huge and overwhelms our listserv capacity.  Also, always remember that emails are public records in most states.

Questions:

  1. Our city is curious if you've heard how most cities are handling payroll for individuals that are diagnosed or self-quarantine due to exposure. Are most cities sending employees home with pay? Without pay? Required to use Sick/Vacation time?

  2. I would like to ask the group a question about whether municipalities are considering taking the temperatures of employees as a precautionary measure.  We are looking into taking the temperatures of our officers (mainly patrol) at the beginning and end of each shift.

  3. I would also like to know how municipalities are screening the public who come into facilities.  We have developed a questionnaire to deal with police applicants coming in for interviews but are trying to figure out how to handle the general public.

  4. If/when there is a city/state/federal order to quarantine at home, are employees still being paid, or are they required to use sick time or annual leave? If they have none, can it be unpaid?

  5. If/when employees have to stay home to take care of children due to daycare/school closures, are they allowed to use sick time if they have no annual leave?

                                              i.     Are any cities paying these employees their regular salaries during this time without having to take their sick/annual leave?

  6. Can Cities lawfully restrict their employee's travel? If so, to what extent?

  7. What are people doing about tolling time periods that applications need to be acted on to avoid appeals or constructive grants?  In MA, we (our state muni bar) are proposing legislation or an Executive Order from the Governor.

  8. How are people handling public records requests that must be acted on within a certain time and the people who do it are not at work?

  9. One of the things that we have been asked about is a template for a declaration of emergency for public health reasons. We have not created a template. I am reaching out to you to find out if you have a template or have compiled any of these declarations from other cities across the country, that you are willing to share.

  10. How are employees handled who are sent home for displaying symptoms (e.g. sick leave vs. administrative leave)

  11. Trying to get clarification on whether, in light of the President and the governor (Texas) declaring a national/state of disaster, does a local entity have to declare a local state of disaster to be eligible for reimbursement of FEMA funds?

  12. Can a municipality based upon COVID-19 concerns deny employee leave for a certain period of time that the municipality has determined is relevant?

  13. How are cities handling advertised public bid openings? (assuming they are not postponed) video broadcast? limited public access?

  14. Are any city attorney offices starting a staggered schedule for staff to avoid having the entire staff quarantined if a positive test? We have 5 attorneys working from home and 4 working in the office.

Thank you!

[cid:image015.png@01D5FE8B.EEC27BD0]

Caroline Storer
Marketing and Administrative Coordinator
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD 20850

[cid:image016.jpg@01D5FE8B.EEC27BD0]http://www.facebook.com/IMLA-259977855541/  [cid:image017.jpg@01D5FE8B.EEC27BD0] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./  [cid:image018.png@01D5FE8B.EEC27BD0] http://twitter.com/imlalegal  [cid:image019.jpg@01D5FE8B.EEC27BD0] http://soundcloud.com/internationalmunicipallawyersassociation

P (202) 466-5424 ext. 7104  M (202) 246-6050

W www.imla.orghttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2f&c=E,1,_FSCJ7yqdSdVJFdbP5BvStCbEbJVPW07vTvltof5M9Sw0P8hBfYzVWPRSLp1CgVGP69kMTXnTMQ9PxkXA2S5OaGM-iU3R9GOPblzn5ngiBMYYA,,&typo=1

Plan Ahead!

IMLA's 2020 Mid-Year Seminarhttps://linkprotect.cudasvc.com/url?a=https%3a%2f%2fimla.org%2fevents%2fseminars&c=E,1,w0FDGQfY5d7oKfxQFlX3KCHrT3NsOHIhQbdJ26sWf_eCiPiyrFAYN7qTl5XM_TDtB-BRj5A2uymUJJHi4f-os0n6lUnxt7ENibHUz4aCNChalmDWR1Bc&typo=1, April 24-27 in Washington, DC!

IMLA's 85th Annual Conferencehttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fimla.org%2fevents%2fconferences&c=E,1,CyYjTeVxs77VNjIaYmU2UZ8eG0HZDCwhyIwXlAqZoA0TQdJ66sQWago6POn-SLY1td9AU02OXHyP-j1S-2C-RkvfIDPyX9d-OWC4T9WAU51nObg,&typo=1, September 23-27 in La Quinta, CA!

Our 911 dispatch is screening calls before the first responders goes out as to potential for COVID-19 so that the first responders (including police) can take precautions before heading out. Best regards, Kay Kay Marion Macuil San Luis City Attorney Arizona (928) 919-6838 Cell [census-signature (004)]<https://census2020.sanluisaz.gov/> https://census2020.sanluisaz.gov/ CONFIDENTIALITY NOTICE: This e-mail and any attachment to it are STRICTLY CONFIDENTIAL and may contain privileged information only for the intended recipient or recipients. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, this notifies you that reading the e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify me by reply e-mail at kmacuil@sanluisaz.gov<mailto:kmacuil@sanluisaz.gov> and delete the e-mail and all attachments from your system. Thank you. From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Chuck Thompson Sent: Friday, March 20, 2020 7:20 AM To: disasterrelief@lists.imla.org Subject: [EXTERNAL] Re: [Disasterrelief] COVID-19 Questions Let me suggest a slightly different view while at the same time agreeing that Anna's answer is the less risky. The Fifth Amendment protects against compelling someone to give evidence against themselves and while Miranda clearly advises a person they can remain silent, I'd err on the side of public health and insofar as the question involving Covid 19 is asked purely for public health purposes and officer safety as well as the safety of the person being asked, I think an officer could tell the person they need to answer. The answer would be different if the questions were being asked to prove the person committed a crime like avoiding quarantine or isolation. Would I suggest the person be arrested for not answering. Probably not, unless there were some compelling reasons to get the information and a place to put the person if arrested. Obviously, the underlying law will inform whether failing to answer a question regarding health is a crime, but you'd want to know some answers if the person was being arrested for something else and being inserted into a population of incarcerated people who could all be exposed to the virus if the person was not properly screened. [cid:image006.png@01D5FE8B.EEC27BD0] Charles W. Thompson, Jr. Executive Director/General Counsel International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD 20850 [cid:image009.jpg@01D5FE8B.EEC27BD0]<http://www.facebook.com/IMLA-259977855541/> [cid:image011.jpg@01D5FE8B.EEC27BD0] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image012.jpg@01D5FE8B.EEC27BD0] <http://twitter.com/imlalegal> [cid:image013.jpg@01D5FE8B.EEC27BD0] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7110 M (240) 876-6790 D (202) 742-1016 W www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 2020 Mid-Year Seminar<http://www.imla.org/events/seminars>, April 24-27 in Washington, D.C.! IMLA's 85th Annual Conference<http://www.imla.org/events/conferences>, September 23-27 in Riverside County, CA! From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Davis, Anna Sent: Friday, March 20, 2020 8:28 AM To: Mulloy, Heather <mulloyh@charleston-sc.gov<mailto:mulloyh@charleston-sc.gov>>; Caroline Storer <Cstorer@imla.org<mailto:Cstorer@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: Re: [Disasterrelief] COVID-19 Questions Good morning, Heather: In my view, the officers can ask these questions immediately upon interaction if unrelated to the crime and the person can choose whether to answer. In my view, the person can refuse to answer the officer, and I do not believe that would be considered resisting arrest under these circumstances. Officers don't need to Mirandize to ask questions about COVID, and immediately upon interaction should be ok, but I think officers should be mindful of the timing of the warning. In general, under Miranda and the Constitutional framework related to arrests, my position is the right to remain silent is absolute. If the person expresses a wish to remain silent, questioning should cease, and if the officer hasn't asked their COVID question upfront, I think they should stop the questions. However, I would consider using a overarching balancing test right now to determine whether the officer should be arresting someone or if they can just cite and release for minor crimes or misdemeanors. The risk of spreading the virus to detention staff and officers seems to outweigh the harm done by a minor offense. For felonies or serious offenses, it seems they will need to arrest to protect the public vs. the risk of spreading the virus. From: Mulloy, Heather [mailto:mulloyh@charleston-sc.gov] Sent: Friday, March 20, 2020 8:07 AM To: Davis, Anna <Anna.Davis@durhamnc.gov<mailto:Anna.Davis@durhamnc.gov>>; Caroline Storer <Cstorer@imla.org<mailto:Cstorer@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: RE: COVID-19 Questions All: Thank you for your response regarding taking the temperature of employees. I have another question for police encounters with the public: Can an officer ask a member of the public a series of questions regarding potential exposure to Coronavirus when in a potential citation/arrest situation? Or is it better to state that they do not have to answer and they can voluntarily answer the questions, if they wish. Thank you, Heather Mulloy│Assistant Corporation Counsel City of Charleston│Legal Department 180 Lockwood Drive│Charleston, SC 29403 3545 Mary Ader Drive | Charleston, SC 29414 T: (843) 720-2439│C: (843) 494-3156 | F: 843-965-4120 mulloyh@charleston-sc.gov│ www.charleston-sc.gov<http://www.charleston-sc.gov/> [Description: cid:image001.png@01D1B66D.08531C50] ***CONFIDENTIAL COMMUNICATION*** The information contained in this message may contain legally privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution or duplication of this transmission is strictly prohibited. If you have received this communication in error, please notify us by telephone or email immediately and return the original message to us and destroy all printed and electronic copies. Nothing in this transmission is intended to be an electronic signature or to constitute an agreement of any kind under applicable law unless otherwise expressly indicated. Intentional interception or dissemination of electronic mail not belonging to you may violate federal or state law. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Davis, Anna Sent: Thursday, March 19, 2020 1:56 PM To: Caroline Storer <Cstorer@imla.org<mailto:Cstorer@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: Re: [Disasterrelief] COVID-19 Questions CAUTION: This email originated outside of the City of Charleston. Do not click links or open attachments unless you recognize the sender and know the content is safe. Regarding Question #2, the EEOC has said, since the call, that taking employee temperatures is acceptable. https://www.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfm<https://www.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfm> From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Caroline Storer Sent: Thursday, March 19, 2020 1:39 PM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: [Disasterrelief] COVID-19 Questions Good Afternoon all, We appreciate you being so willing to assist during this uncertain time. We had a number of questions before our last COVID-19 call, some were answered other we ran out of time for. I am including them below. Please reply all if you have helpful information. If you are sharing documents or resources to this list, we will assume it is okay for them to be placed in the DropBox of materials about COVID-19 unless you say otherwise. We have another call scheduled for Tuesday, March 24 at 3PM ET Dial-in Number: 425-436-6376, Access Code: 717541 then press # Please click here<https://www.dropbox.com/sh/lk8u55p2rteypgw/AAAzMlpugd0WkiAYBxMJ-C7qa?dl=0> to access the past call recordings and all associated materials. Please note this is being updated as we get any new information, so check back often! Due to the utility of the listservs for sharing information in this difficult time, we are experiencing some issues with "bandwidth". We'd like to ask for both patience and that when you post if you can send links to safe sites rather than attachments and also when you reply, delete the previous messages in the string as they build the data becomes huge and overwhelms our listserv capacity. Also, always remember that emails are public records in most states. Questions: 1. Our city is curious if you've heard how most cities are handling payroll for individuals that are diagnosed or self-quarantine due to exposure. Are most cities sending employees home with pay? Without pay? Required to use Sick/Vacation time? 1. I would like to ask the group a question about whether municipalities are considering taking the temperatures of employees as a precautionary measure. We are looking into taking the temperatures of our officers (mainly patrol) at the beginning and end of each shift. 1. I would also like to know how municipalities are screening the public who come into facilities. We have developed a questionnaire to deal with police applicants coming in for interviews but are trying to figure out how to handle the general public. 1. If/when there is a city/state/federal order to quarantine at home, are employees still being paid, or are they required to use sick time or annual leave? If they have none, can it be unpaid? 1. If/when employees have to stay home to take care of children due to daycare/school closures, are they allowed to use sick time if they have no annual leave? i. Are any cities paying these employees their regular salaries during this time without having to take their sick/annual leave? 1. Can Cities lawfully restrict their employee's travel? If so, to what extent? 1. What are people doing about tolling time periods that applications need to be acted on to avoid appeals or constructive grants? In MA, we (our state muni bar) are proposing legislation or an Executive Order from the Governor. 1. How are people handling public records requests that must be acted on within a certain time and the people who do it are not at work? 1. One of the things that we have been asked about is a template for a declaration of emergency for public health reasons. We have not created a template. I am reaching out to you to find out if you have a template or have compiled any of these declarations from other cities across the country, that you are willing to share. 1. How are employees handled who are sent home for displaying symptoms (e.g. sick leave vs. administrative leave) 1. Trying to get clarification on whether, in light of the President and the governor (Texas) declaring a national/state of disaster, does a local entity have to declare a local state of disaster to be eligible for reimbursement of FEMA funds? 1. Can a municipality based upon COVID-19 concerns deny employee leave for a certain period of time that the municipality has determined is relevant? 1. How are cities handling advertised public bid openings? (assuming they are not postponed) video broadcast? limited public access? 1. Are any city attorney offices starting a staggered schedule for staff to avoid having the entire staff quarantined if a positive test? We have 5 attorneys working from home and 4 working in the office. Thank you! [cid:image015.png@01D5FE8B.EEC27BD0] Caroline Storer Marketing and Administrative Coordinator International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD 20850 [cid:image016.jpg@01D5FE8B.EEC27BD0]<http://www.facebook.com/IMLA-259977855541/> [cid:image017.jpg@01D5FE8B.EEC27BD0] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image018.png@01D5FE8B.EEC27BD0] <http://twitter.com/imlalegal> [cid:image019.jpg@01D5FE8B.EEC27BD0] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7104 M (202) 246-6050 W www.imla.org<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2f&c=E,1,_FSCJ7yqdSdVJFdbP5BvStCbEbJVPW07vTvltof5M9Sw0P8hBfYzVWPRSLp1CgVGP69kMTXnTMQ9PxkXA2S5OaGM-iU3R9GOPblzn5ngiBMYYA,,&typo=1> Plan Ahead! IMLA's 2020 Mid-Year Seminar<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fimla.org%2fevents%2fseminars&c=E,1,w0FDGQfY5d7oKfxQFlX3KCHrT3NsOHIhQbdJ26sWf_eCiPiyrFAYN7qTl5XM_TDtB-BRj5A2uymUJJHi4f-os0n6lUnxt7ENibHUz4aCNChalmDWR1Bc&typo=1>, April 24-27 in Washington, DC! IMLA's 85th Annual Conference<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fimla.org%2fevents%2fconferences&c=E,1,CyYjTeVxs77VNjIaYmU2UZ8eG0HZDCwhyIwXlAqZoA0TQdJ66sQWago6POn-SLY1td9AU02OXHyP-j1S-2C-RkvfIDPyX9d-OWC4T9WAU51nObg,&typo=1>, September 23-27 in La Quinta, CA!
Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image Attached image
DA
Davis, Anna
Fri, Mar 20, 2020 2:51 PM

Chuck:

Of course, an officer would WANT to know the answers to those questions for public health reasons, but that doesn't mean a person is required to answer.  By placing someone under arrest to compel information, the officer is in the exact same position.  The person can now decline to answer since they are under arrest, invoking the 5th Amendment, except now they really don't have to answer because now, they are under arrest for the crime of not answering a health question or resisting arrest.  The officer is in the same position.

Better to work the voluntariness of the encounter right up front from the start and try to get the information while at the same time considering whether the underlying offense is worth placing the person in detention at all.  I imagine a most people would admit-right up front-to any potential exposure to avoid going to jail or getting a citation.

From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Chuck Thompson
Sent: Friday, March 20, 2020 10:20 AM
To: disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] COVID-19 Questions

Let me suggest a slightly different view while at the same time agreeing that Anna's answer is the less risky.  The Fifth Amendment protects against compelling someone to give evidence against themselves and while Miranda clearly advises a person they can remain silent, I'd err on the side of public health and insofar as the question involving Covid 19 is asked purely for public health purposes and officer safety as well as the safety of the person being asked, I think an officer could tell the person they need to answer.  The answer would be different if the questions were being asked to prove the person committed a crime like avoiding quarantine or isolation.

Would I suggest the person be arrested for not answering.  Probably not, unless there were some compelling reasons to get the information and a place to put the person if arrested.  Obviously, the underlying law will inform whether failing to answer a question regarding health is a crime, but you'd want to know some answers if the person was being arrested for something else and being inserted into a population of incarcerated people who could all be exposed to the virus if the person was not properly screened.

[cid:image004.png@01D5FEA5.8C53D1A0]

Charles W. Thompson, Jr.
Executive Director/General Counsel
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD 20850
[cid:image009.jpg@01D5FEA5.8C53D1A0]http://www.facebook.com/IMLA-259977855541/  [cid:image011.jpg@01D5FEA5.8C53D1A0] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./  [cid:image012.jpg@01D5FEA5.8C53D1A0] http://twitter.com/imlalegal  [cid:image013.jpg@01D5FEA5.8C53D1A0] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7110      M (240) 876-6790
D (202) 742-1016

W www.imla.orghttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2f&c=E,1,Jz9iN7g17nAd_7_uLlsZ31ltMKEgVKBsHXxLdzDTq4Gz-7OcV2WS2QnQ8M9aZh4wK3JvsYHSExiUq8XuTj7PPhN_TOrfRd-DEY489m22b1l_eki_FAe79Nc,&typo=1
Plan Ahead!

IMLA's 2020 Mid-Year Seminarhttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2fevents%2fseminars&c=E,1,7DndTkSckPz6JbjdU5vjjLwrgnS8gg1nI4F5lOvp2ultCUM0LrauAcR3chZ8QEz94EOn0N9DlORUsC7MLF4MLstN57Rrsyhw5fqLZ2ts&typo=1, April 24-27 in Washington, D.C.!
IMLA's 85th Annual Conferencehttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2fevents%2fconferences&c=E,1,OqFfFJraaDaIx2_3gpuUCIwIBUpijR9EtH4wRZMWdlWdHcA6sRd1EIsCIXJB2jIo_CwEvegTKVisdL0tw854b7qi1ghVOJpnfFiznsNEKM6ldIrpCpLN_WX0eg,,&typo=1, September 23-27 in Riverside County, CA!

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Davis, Anna
Sent: Friday, March 20, 2020 8:28 AM
To: Mulloy, Heather <mulloyh@charleston-sc.govmailto:mulloyh@charleston-sc.gov>; Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] COVID-19 Questions

Good morning, Heather:

In my view, the officers can ask these questions immediately upon interaction if unrelated to the crime and the person can choose whether to answer.  In my view, the person can refuse to answer the officer, and I do not believe that would be considered resisting arrest under these circumstances.

Officers don't need to Mirandize to ask questions about COVID, and immediately upon interaction should be ok, but I think officers should be mindful of the timing of the warning.  In general, under Miranda and the Constitutional framework related to arrests, my position is the right to remain silent is absolute.  If the person expresses a wish to remain silent, questioning should cease, and if the officer hasn't asked their COVID question upfront, I think they should stop the questions.

However, I would consider using a overarching balancing test right now to determine whether the officer should be arresting someone or if they can just cite and release for minor crimes or misdemeanors.  The risk of spreading the virus to detention staff and officers seems to outweigh the harm done by a minor offense.  For felonies or serious offenses, it seems they will need to arrest to protect the public vs. the risk of spreading the virus.

From: Mulloy, Heather [mailto:mulloyh@charleston-sc.gov]
Sent: Friday, March 20, 2020 8:07 AM
To: Davis, Anna <Anna.Davis@durhamnc.govmailto:Anna.Davis@durhamnc.gov>; Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: RE: COVID-19 Questions

All:  Thank you for your response regarding taking the temperature of employees.  I have another question for police encounters with the public:

Can an officer ask a member of the public a series of questions regarding potential exposure to Coronavirus when in a potential citation/arrest situation? Or is it better to state that they do not have to answer and they can voluntarily answer the questions, if they wish.

Thank you,

Heather Mulloy│Assistant Corporation Counsel
City of Charleston│Legal Department
180 Lockwood Drive│Charleston, SC 29403
3545 Mary Ader Drive | Charleston, SC 29414
T: (843) 720-2439│C: (843) 494-3156 | F: 843-965-4120
mulloyh@charleston-sc.govhttps://linkprotect.cudasvc.com/url?a=https%3a%2f%2fcharleston-sc.gov&c=E,1,d_7-o0JbEtw41N5n1opHvUNxhsV4k0WhmY-HGKh3-Tz7yc2lJVvfl_Jwhm4JeYrYjakngbZ-Y53jjnaKFQkG4T5mmLcf8S1Qmp-Kq23bqnY,&typo=1│ www.charleston-sc.govhttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.charleston-sc.gov%2f&c=E,1,kvoXlVf250nx3N7ONlEmj2s9G23VKihIY5Q2P0E_QbPGsVByuboayMB3fQ6pz5My1B4jveIDpvQ6voHvnNjV-TfX7rJ5Hia8c2JwUUxTxyCdkeh9aHx2DJa5zw,,&typo=1
[Description: cid:image001.png@01D1B66D.08531C50]

CONFIDENTIAL COMMUNICATION  The information contained in this message may contain legally privileged and confidential information intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution or duplication of this transmission is strictly prohibited.  If you have received this communication in error, please notify us by telephone or email immediately and return the original message to us and destroy all printed and electronic copies.  Nothing in this transmission is intended to be an electronic signature or to constitute an agreement of any kind under applicable law unless otherwise expressly indicated.  Intentional interception or dissemination of electronic mail not belonging to you may violate federal or state law.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Davis, Anna
Sent: Thursday, March 19, 2020 1:56 PM
To: Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] COVID-19 Questions

CAUTION: This email originated outside of the City of Charleston. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Regarding Question #2, the EEOC has said, since the call, that taking employee temperatures is acceptable.

https://www.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfmhttps://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.eeoc.gov%2feeoc%2fnewsroom%2fwysk%2fwysk_ada_rehabilitaion_act_coronavirus.cfm&c=E,1,QLZlQJ2I9NyZw8BhljJlhq29lULC-i9-1D0lug6szT7thykWinDPUqzyaiKTYFDF_o4TpqKXGsTjwPCVLD0s9WSYzA41bmR1J29dMjM3CM7ApAzImsoJ4vCC&typo=1

From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Caroline Storer
Sent: Thursday, March 19, 2020 1:39 PM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] COVID-19 Questions

Good Afternoon all,

We appreciate you being so willing to assist during this uncertain time. We had a number of questions before our last COVID-19 call, some were answered other we ran out of time for. I am including them below. Please reply all if you have helpful information. If you are sharing documents or resources to this list, we will assume it is okay for them to be placed in the DropBox of materials about COVID-19 unless you say otherwise.

We have another call scheduled for Tuesday, March 24 at 3PM ET
Dial-in Number: 425-436-6376, Access Code: 717541 then press #

Please click herehttps://www.dropbox.com/sh/lk8u55p2rteypgw/AAAzMlpugd0WkiAYBxMJ-C7qa?dl=0 to access the past call recordings and all associated materials. Please note this is being updated as we get any new information, so check back often!

Due to the utility of the listservs for sharing information in this difficult time, we are experiencing some issues with "bandwidth". We'd like to ask for both patience and that when you post if you can send links to safe sites rather than attachments and also when you reply, delete the previous messages in the string as they build the data becomes huge and overwhelms our listserv capacity.  Also, always remember that emails are public records in most states.

Questions:

  1. Our city is curious if you've heard how most cities are handling payroll for individuals that are diagnosed or self-quarantine due to exposure. Are most cities sending employees home with pay? Without pay? Required to use Sick/Vacation time?

  2. I would like to ask the group a question about whether municipalities are considering taking the temperatures of employees as a precautionary measure.  We are looking into taking the temperatures of our officers (mainly patrol) at the beginning and end of each shift.

  3. I would also like to know how municipalities are screening the public who come into facilities.  We have developed a questionnaire to deal with police applicants coming in for interviews but are trying to figure out how to handle the general public.

  4. If/when there is a city/state/federal order to quarantine at home, are employees still being paid, or are they required to use sick time or annual leave? If they have none, can it be unpaid?

  5. If/when employees have to stay home to take care of children due to daycare/school closures, are they allowed to use sick time if they have no annual leave?

                                                         i.      Are any cities paying these employees their regular salaries during this time without having to take their sick/annual leave?

  6. Can Cities lawfully restrict their employee's travel? If so, to what extent?

  7. What are people doing about tolling time periods that applications need to be acted on to avoid appeals or constructive grants?  In MA, we (our state muni bar) are proposing legislation or an Executive Order from the Governor.

  8. How are people handling public records requests that must be acted on within a certain time and the people who do it are not at work?

  9. One of the things that we have been asked about is a template for a declaration of emergency for public health reasons. We have not created a template. I am reaching out to you to find out if you have a template or have compiled any of these declarations from other cities across the country, that you are willing to share.

  10. How are employees handled who are sent home for displaying symptoms (e.g. sick leave vs. administrative leave)

  11. Trying to get clarification on whether, in light of the President and the governor (Texas) declaring a national/state of disaster, does a local entity have to declare a local state of disaster to be eligible for reimbursement of FEMA funds?

  12. Can a municipality based upon COVID-19 concerns deny employee leave for a certain period of time that the municipality has determined is relevant?

  13. How are cities handling advertised public bid openings? (assuming they are not postponed) video broadcast? limited public access?

  14. Are any city attorney offices starting a staggered schedule for staff to avoid having the entire staff quarantined if a positive test? We have 5 attorneys working from home and 4 working in the office.

Thank you!

[cid:image015.png@01D5FEA5.8C53D1A0]

Caroline Storer
Marketing and Administrative Coordinator
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD 20850

[cid:image016.jpg@01D5FEA5.8C53D1A0]http://www.facebook.com/IMLA-259977855541/  [cid:image017.jpg@01D5FEA5.8C53D1A0] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./  [cid:image018.png@01D5FEA5.8C53D1A0] http://twitter.com/imlalegal  [cid:image019.jpg@01D5FEA5.8C53D1A0] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7104  M (202) 246-6050

W www.imla.orghttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2f&c=E,1,_FSCJ7yqdSdVJFdbP5BvStCbEbJVPW07vTvltof5M9Sw0P8hBfYzVWPRSLp1CgVGP69kMTXnTMQ9PxkXA2S5OaGM-iU3R9GOPblzn5ngiBMYYA,,&typo=1

Plan Ahead!

IMLA's 2020 Mid-Year Seminarhttps://linkprotect.cudasvc.com/url?a=https%3a%2f%2fimla.org%2fevents%2fseminars&c=E,1,w0FDGQfY5d7oKfxQFlX3KCHrT3NsOHIhQbdJ26sWf_eCiPiyrFAYN7qTl5XM_TDtB-BRj5A2uymUJJHi4f-os0n6lUnxt7ENibHUz4aCNChalmDWR1Bc&typo=1, April 24-27 in Washington, DC!

IMLA's 85th Annual Conferencehttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fimla.org%2fevents%2fconferences&c=E,1,CyYjTeVxs77VNjIaYmU2UZ8eG0HZDCwhyIwXlAqZoA0TQdJ66sQWago6POn-SLY1td9AU02OXHyP-j1S-2C-RkvfIDPyX9d-OWC4T9WAU51nObg,&typo=1, September 23-27 in La Quinta, CA!

Chuck: Of course, an officer would WANT to know the answers to those questions for public health reasons, but that doesn't mean a person is required to answer. By placing someone under arrest to compel information, the officer is in the exact same position. The person can now decline to answer since they are under arrest, invoking the 5th Amendment, except now they really don't have to answer because now, they are under arrest for the crime of not answering a health question or resisting arrest. The officer is in the same position. Better to work the voluntariness of the encounter right up front from the start and try to get the information while at the same time considering whether the underlying offense is worth placing the person in detention at all. I imagine a most people would admit-right up front-to any potential exposure to avoid going to jail or getting a citation. From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Chuck Thompson Sent: Friday, March 20, 2020 10:20 AM To: disasterrelief@lists.imla.org Subject: Re: [Disasterrelief] COVID-19 Questions Let me suggest a slightly different view while at the same time agreeing that Anna's answer is the less risky. The Fifth Amendment protects against compelling someone to give evidence against themselves and while Miranda clearly advises a person they can remain silent, I'd err on the side of public health and insofar as the question involving Covid 19 is asked purely for public health purposes and officer safety as well as the safety of the person being asked, I think an officer could tell the person they need to answer. The answer would be different if the questions were being asked to prove the person committed a crime like avoiding quarantine or isolation. Would I suggest the person be arrested for not answering. Probably not, unless there were some compelling reasons to get the information and a place to put the person if arrested. Obviously, the underlying law will inform whether failing to answer a question regarding health is a crime, but you'd want to know some answers if the person was being arrested for something else and being inserted into a population of incarcerated people who could all be exposed to the virus if the person was not properly screened. [cid:image004.png@01D5FEA5.8C53D1A0] Charles W. Thompson, Jr. Executive Director/General Counsel International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD 20850 [cid:image009.jpg@01D5FEA5.8C53D1A0]<http://www.facebook.com/IMLA-259977855541/> [cid:image011.jpg@01D5FEA5.8C53D1A0] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image012.jpg@01D5FEA5.8C53D1A0] <http://twitter.com/imlalegal> [cid:image013.jpg@01D5FEA5.8C53D1A0] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7110 M (240) 876-6790 D (202) 742-1016 W www.imla.org<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2f&c=E,1,Jz9iN7g17nAd_7_uLlsZ31ltMKEgVKBsHXxLdzDTq4Gz-7OcV2WS2QnQ8M9aZh4wK3JvsYHSExiUq8XuTj7PPhN_TOrfRd-DEY489m22b1l_eki_FAe79Nc,&typo=1> Plan Ahead! IMLA's 2020 Mid-Year Seminar<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2fevents%2fseminars&c=E,1,7DndTkSckPz6JbjdU5vjjLwrgnS8gg1nI4F5lOvp2ultCUM0LrauAcR3chZ8QEz94EOn0N9DlORUsC7MLF4MLstN57Rrsyhw5fqLZ2ts&typo=1>, April 24-27 in Washington, D.C.! IMLA's 85th Annual Conference<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2fevents%2fconferences&c=E,1,OqFfFJraaDaIx2_3gpuUCIwIBUpijR9EtH4wRZMWdlWdHcA6sRd1EIsCIXJB2jIo_CwEvegTKVisdL0tw854b7qi1ghVOJpnfFiznsNEKM6ldIrpCpLN_WX0eg,,&typo=1>, September 23-27 in Riverside County, CA! From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Davis, Anna Sent: Friday, March 20, 2020 8:28 AM To: Mulloy, Heather <mulloyh@charleston-sc.gov<mailto:mulloyh@charleston-sc.gov>>; Caroline Storer <Cstorer@imla.org<mailto:Cstorer@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: Re: [Disasterrelief] COVID-19 Questions Good morning, Heather: In my view, the officers can ask these questions immediately upon interaction if unrelated to the crime and the person can choose whether to answer. In my view, the person can refuse to answer the officer, and I do not believe that would be considered resisting arrest under these circumstances. Officers don't need to Mirandize to ask questions about COVID, and immediately upon interaction should be ok, but I think officers should be mindful of the timing of the warning. In general, under Miranda and the Constitutional framework related to arrests, my position is the right to remain silent is absolute. If the person expresses a wish to remain silent, questioning should cease, and if the officer hasn't asked their COVID question upfront, I think they should stop the questions. However, I would consider using a overarching balancing test right now to determine whether the officer should be arresting someone or if they can just cite and release for minor crimes or misdemeanors. The risk of spreading the virus to detention staff and officers seems to outweigh the harm done by a minor offense. For felonies or serious offenses, it seems they will need to arrest to protect the public vs. the risk of spreading the virus. From: Mulloy, Heather [mailto:mulloyh@charleston-sc.gov] Sent: Friday, March 20, 2020 8:07 AM To: Davis, Anna <Anna.Davis@durhamnc.gov<mailto:Anna.Davis@durhamnc.gov>>; Caroline Storer <Cstorer@imla.org<mailto:Cstorer@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: RE: COVID-19 Questions All: Thank you for your response regarding taking the temperature of employees. I have another question for police encounters with the public: Can an officer ask a member of the public a series of questions regarding potential exposure to Coronavirus when in a potential citation/arrest situation? Or is it better to state that they do not have to answer and they can voluntarily answer the questions, if they wish. Thank you, Heather Mulloy│Assistant Corporation Counsel City of Charleston│Legal Department 180 Lockwood Drive│Charleston, SC 29403 3545 Mary Ader Drive | Charleston, SC 29414 T: (843) 720-2439│C: (843) 494-3156 | F: 843-965-4120 mulloyh@charleston-sc.gov<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fcharleston-sc.gov&c=E,1,d_7-o0JbEtw41N5n1opHvUNxhsV4k0WhmY-HGKh3-Tz7yc2lJVvfl_Jwhm4JeYrYjakngbZ-Y53jjnaKFQkG4T5mmLcf8S1Qmp-Kq23bqnY,&typo=1>│ www.charleston-sc.gov<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.charleston-sc.gov%2f&c=E,1,kvoXlVf250nx3N7ONlEmj2s9G23VKihIY5Q2P0E_QbPGsVByuboayMB3fQ6pz5My1B4jveIDpvQ6voHvnNjV-TfX7rJ5Hia8c2JwUUxTxyCdkeh9aHx2DJa5zw,,&typo=1> [Description: cid:image001.png@01D1B66D.08531C50] ***CONFIDENTIAL COMMUNICATION*** The information contained in this message may contain legally privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution or duplication of this transmission is strictly prohibited. If you have received this communication in error, please notify us by telephone or email immediately and return the original message to us and destroy all printed and electronic copies. Nothing in this transmission is intended to be an electronic signature or to constitute an agreement of any kind under applicable law unless otherwise expressly indicated. Intentional interception or dissemination of electronic mail not belonging to you may violate federal or state law. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Davis, Anna Sent: Thursday, March 19, 2020 1:56 PM To: Caroline Storer <Cstorer@imla.org<mailto:Cstorer@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: Re: [Disasterrelief] COVID-19 Questions CAUTION: This email originated outside of the City of Charleston. Do not click links or open attachments unless you recognize the sender and know the content is safe. Regarding Question #2, the EEOC has said, since the call, that taking employee temperatures is acceptable. https://www.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfm<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.eeoc.gov%2feeoc%2fnewsroom%2fwysk%2fwysk_ada_rehabilitaion_act_coronavirus.cfm&c=E,1,QLZlQJ2I9NyZw8BhljJlhq29lULC-i9-1D0lug6szT7thykWinDPUqzyaiKTYFDF_o4TpqKXGsTjwPCVLD0s9WSYzA41bmR1J29dMjM3CM7ApAzImsoJ4vCC&typo=1> From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Caroline Storer Sent: Thursday, March 19, 2020 1:39 PM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: [Disasterrelief] COVID-19 Questions Good Afternoon all, We appreciate you being so willing to assist during this uncertain time. We had a number of questions before our last COVID-19 call, some were answered other we ran out of time for. I am including them below. Please reply all if you have helpful information. If you are sharing documents or resources to this list, we will assume it is okay for them to be placed in the DropBox of materials about COVID-19 unless you say otherwise. We have another call scheduled for Tuesday, March 24 at 3PM ET Dial-in Number: 425-436-6376, Access Code: 717541 then press # Please click here<https://www.dropbox.com/sh/lk8u55p2rteypgw/AAAzMlpugd0WkiAYBxMJ-C7qa?dl=0> to access the past call recordings and all associated materials. Please note this is being updated as we get any new information, so check back often! Due to the utility of the listservs for sharing information in this difficult time, we are experiencing some issues with "bandwidth". We'd like to ask for both patience and that when you post if you can send links to safe sites rather than attachments and also when you reply, delete the previous messages in the string as they build the data becomes huge and overwhelms our listserv capacity. Also, always remember that emails are public records in most states. Questions: 1. Our city is curious if you've heard how most cities are handling payroll for individuals that are diagnosed or self-quarantine due to exposure. Are most cities sending employees home with pay? Without pay? Required to use Sick/Vacation time? 1. I would like to ask the group a question about whether municipalities are considering taking the temperatures of employees as a precautionary measure. We are looking into taking the temperatures of our officers (mainly patrol) at the beginning and end of each shift. 1. I would also like to know how municipalities are screening the public who come into facilities. We have developed a questionnaire to deal with police applicants coming in for interviews but are trying to figure out how to handle the general public. 1. If/when there is a city/state/federal order to quarantine at home, are employees still being paid, or are they required to use sick time or annual leave? If they have none, can it be unpaid? 1. If/when employees have to stay home to take care of children due to daycare/school closures, are they allowed to use sick time if they have no annual leave? i. Are any cities paying these employees their regular salaries during this time without having to take their sick/annual leave? 1. Can Cities lawfully restrict their employee's travel? If so, to what extent? 1. What are people doing about tolling time periods that applications need to be acted on to avoid appeals or constructive grants? In MA, we (our state muni bar) are proposing legislation or an Executive Order from the Governor. 1. How are people handling public records requests that must be acted on within a certain time and the people who do it are not at work? 1. One of the things that we have been asked about is a template for a declaration of emergency for public health reasons. We have not created a template. I am reaching out to you to find out if you have a template or have compiled any of these declarations from other cities across the country, that you are willing to share. 1. How are employees handled who are sent home for displaying symptoms (e.g. sick leave vs. administrative leave) 1. Trying to get clarification on whether, in light of the President and the governor (Texas) declaring a national/state of disaster, does a local entity have to declare a local state of disaster to be eligible for reimbursement of FEMA funds? 1. Can a municipality based upon COVID-19 concerns deny employee leave for a certain period of time that the municipality has determined is relevant? 1. How are cities handling advertised public bid openings? (assuming they are not postponed) video broadcast? limited public access? 1. Are any city attorney offices starting a staggered schedule for staff to avoid having the entire staff quarantined if a positive test? We have 5 attorneys working from home and 4 working in the office. Thank you! [cid:image015.png@01D5FEA5.8C53D1A0] Caroline Storer Marketing and Administrative Coordinator International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD 20850 [cid:image016.jpg@01D5FEA5.8C53D1A0]<http://www.facebook.com/IMLA-259977855541/> [cid:image017.jpg@01D5FEA5.8C53D1A0] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image018.png@01D5FEA5.8C53D1A0] <http://twitter.com/imlalegal> [cid:image019.jpg@01D5FEA5.8C53D1A0] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7104 M (202) 246-6050 W www.imla.org<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2f&c=E,1,_FSCJ7yqdSdVJFdbP5BvStCbEbJVPW07vTvltof5M9Sw0P8hBfYzVWPRSLp1CgVGP69kMTXnTMQ9PxkXA2S5OaGM-iU3R9GOPblzn5ngiBMYYA,,&typo=1> Plan Ahead! IMLA's 2020 Mid-Year Seminar<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fimla.org%2fevents%2fseminars&c=E,1,w0FDGQfY5d7oKfxQFlX3KCHrT3NsOHIhQbdJ26sWf_eCiPiyrFAYN7qTl5XM_TDtB-BRj5A2uymUJJHi4f-os0n6lUnxt7ENibHUz4aCNChalmDWR1Bc&typo=1>, April 24-27 in Washington, DC! IMLA's 85th Annual Conference<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fimla.org%2fevents%2fconferences&c=E,1,CyYjTeVxs77VNjIaYmU2UZ8eG0HZDCwhyIwXlAqZoA0TQdJ66sQWago6POn-SLY1td9AU02OXHyP-j1S-2C-RkvfIDPyX9d-OWC4T9WAU51nObg,&typo=1>, September 23-27 in La Quinta, CA!
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MH
Mulloy, Heather
Fri, Mar 20, 2020 7:53 PM

Thank you for all of your prompt responses - I have found them to be very helpful.

Another question:  Should an employee test positive for COVID 19, how do you deal with informing co-workers who may have been in close contact with the person in an attempt to isolate?  I'm concerned about privacy and asking employees whether they were close to Employee X and actually naming them.  Also, can you generally tell all employees (without naming names) that an employee has tested positive?

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Davis, Anna
Sent: Friday, March 20, 2020 10:52 AM
To: Chuck Thompson cthompson@imla.org; disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] COVID-19 Questions

CAUTION: This email originated outside of the City of Charleston. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Chuck:

Of course, an officer would WANT to know the answers to those questions for public health reasons, but that doesn't mean a person is required to answer.  By placing someone under arrest to compel information, the officer is in the exact same position.  The person can now decline to answer since they are under arrest, invoking the 5th Amendment, except now they really don't have to answer because now, they are under arrest for the crime of not answering a health question or resisting arrest.  The officer is in the same position.

Better to work the voluntariness of the encounter right up front from the start and try to get the information while at the same time considering whether the underlying offense is worth placing the person in detention at all.  I imagine a most people would admit-right up front-to any potential exposure to avoid going to jail or getting a citation.

From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Chuck Thompson
Sent: Friday, March 20, 2020 10:20 AM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] COVID-19 Questions

Let me suggest a slightly different view while at the same time agreeing that Anna's answer is the less risky.  The Fifth Amendment protects against compelling someone to give evidence against themselves and while Miranda clearly advises a person they can remain silent, I'd err on the side of public health and insofar as the question involving Covid 19 is asked purely for public health purposes and officer safety as well as the safety of the person being asked, I think an officer could tell the person they need to answer.  The answer would be different if the questions were being asked to prove the person committed a crime like avoiding quarantine or isolation.

Would I suggest the person be arrested for not answering.  Probably not, unless there were some compelling reasons to get the information and a place to put the person if arrested.  Obviously, the underlying law will inform whether failing to answer a question regarding health is a crime, but you'd want to know some answers if the person was being arrested for something else and being inserted into a population of incarcerated people who could all be exposed to the virus if the person was not properly screened.

[cid:image001.png@01D5FECF.417E0180]

Charles W. Thompson, Jr.
Executive Director/General Counsel
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD 20850
[cid:image003.jpg@01D5FECF.417E0180]http://www.facebook.com/IMLA-259977855541/  [cid:image004.jpg@01D5FECF.417E0180] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./  [cid:image005.jpg@01D5FECF.417E0180] http://twitter.com/imlalegal  [cid:image006.jpg@01D5FECF.417E0180] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7110      M (240) 876-6790
D (202) 742-1016

W www.imla.orghttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2f&c=E,1,Jz9iN7g17nAd_7_uLlsZ31ltMKEgVKBsHXxLdzDTq4Gz-7OcV2WS2QnQ8M9aZh4wK3JvsYHSExiUq8XuTj7PPhN_TOrfRd-DEY489m22b1l_eki_FAe79Nc,&typo=1
Plan Ahead!

IMLA's 2020 Mid-Year Seminarhttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2fevents%2fseminars&c=E,1,7DndTkSckPz6JbjdU5vjjLwrgnS8gg1nI4F5lOvp2ultCUM0LrauAcR3chZ8QEz94EOn0N9DlORUsC7MLF4MLstN57Rrsyhw5fqLZ2ts&typo=1, April 24-27 in Washington, D.C.!
IMLA's 85th Annual Conferencehttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2fevents%2fconferences&c=E,1,OqFfFJraaDaIx2_3gpuUCIwIBUpijR9EtH4wRZMWdlWdHcA6sRd1EIsCIXJB2jIo_CwEvegTKVisdL0tw854b7qi1ghVOJpnfFiznsNEKM6ldIrpCpLN_WX0eg,,&typo=1, September 23-27 in Riverside County, CA!

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Davis, Anna
Sent: Friday, March 20, 2020 8:28 AM
To: Mulloy, Heather <mulloyh@charleston-sc.govmailto:mulloyh@charleston-sc.gov>; Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] COVID-19 Questions

Good morning, Heather:

In my view, the officers can ask these questions immediately upon interaction if unrelated to the crime and the person can choose whether to answer.  In my view, the person can refuse to answer the officer, and I do not believe that would be considered resisting arrest under these circumstances.

Officers don't need to Mirandize to ask questions about COVID, and immediately upon interaction should be ok, but I think officers should be mindful of the timing of the warning.  In general, under Miranda and the Constitutional framework related to arrests, my position is the right to remain silent is absolute.  If the person expresses a wish to remain silent, questioning should cease, and if the officer hasn't asked their COVID question upfront, I think they should stop the questions.

However, I would consider using a overarching balancing test right now to determine whether the officer should be arresting someone or if they can just cite and release for minor crimes or misdemeanors.  The risk of spreading the virus to detention staff and officers seems to outweigh the harm done by a minor offense.  For felonies or serious offenses, it seems they will need to arrest to protect the public vs. the risk of spreading the virus.

From: Mulloy, Heather [mailto:mulloyh@charleston-sc.gov]
Sent: Friday, March 20, 2020 8:07 AM
To: Davis, Anna <Anna.Davis@durhamnc.govmailto:Anna.Davis@durhamnc.gov>; Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: RE: COVID-19 Questions

All:  Thank you for your response regarding taking the temperature of employees.  I have another question for police encounters with the public:

Can an officer ask a member of the public a series of questions regarding potential exposure to Coronavirus when in a potential citation/arrest situation? Or is it better to state that they do not have to answer and they can voluntarily answer the questions, if they wish.

Thank you,

Heather Mulloy│Assistant Corporation Counsel
City of Charleston│Legal Department
180 Lockwood Drive│Charleston, SC 29403
3545 Mary Ader Drive | Charleston, SC 29414
T: (843) 720-2439│C: (843) 494-3156 | F: 843-965-4120
mulloyh@charleston-sc.govhttps://linkprotect.cudasvc.com/url?a=https%3a%2f%2fcharleston-sc.gov&c=E,1,d_7-o0JbEtw41N5n1opHvUNxhsV4k0WhmY-HGKh3-Tz7yc2lJVvfl_Jwhm4JeYrYjakngbZ-Y53jjnaKFQkG4T5mmLcf8S1Qmp-Kq23bqnY,&typo=1│ www.charleston-sc.govhttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.charleston-sc.gov%2f&c=E,1,kvoXlVf250nx3N7ONlEmj2s9G23VKihIY5Q2P0E_QbPGsVByuboayMB3fQ6pz5My1B4jveIDpvQ6voHvnNjV-TfX7rJ5Hia8c2JwUUxTxyCdkeh9aHx2DJa5zw,,&typo=1
[Description: cid:image001.png@01D1B66D.08531C50]

CONFIDENTIAL COMMUNICATION  The information contained in this message may contain legally privileged and confidential information intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution or duplication of this transmission is strictly prohibited.  If you have received this communication in error, please notify us by telephone or email immediately and return the original message to us and destroy all printed and electronic copies.  Nothing in this transmission is intended to be an electronic signature or to constitute an agreement of any kind under applicable law unless otherwise expressly indicated.  Intentional interception or dissemination of electronic mail not belonging to you may violate federal or state law.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Davis, Anna
Sent: Thursday, March 19, 2020 1:56 PM
To: Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] COVID-19 Questions

CAUTION: This email originated outside of the City of Charleston. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Regarding Question #2, the EEOC has said, since the call, that taking employee temperatures is acceptable.

https://www.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfmhttps://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.eeoc.gov%2feeoc%2fnewsroom%2fwysk%2fwysk_ada_rehabilitaion_act_coronavirus.cfm&c=E,1,QLZlQJ2I9NyZw8BhljJlhq29lULC-i9-1D0lug6szT7thykWinDPUqzyaiKTYFDF_o4TpqKXGsTjwPCVLD0s9WSYzA41bmR1J29dMjM3CM7ApAzImsoJ4vCC&typo=1

From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Caroline Storer
Sent: Thursday, March 19, 2020 1:39 PM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] COVID-19 Questions

Good Afternoon all,

We appreciate you being so willing to assist during this uncertain time. We had a number of questions before our last COVID-19 call, some were answered other we ran out of time for. I am including them below. Please reply all if you have helpful information. If you are sharing documents or resources to this list, we will assume it is okay for them to be placed in the DropBox of materials about COVID-19 unless you say otherwise.

We have another call scheduled for Tuesday, March 24 at 3PM ET
Dial-in Number: 425-436-6376, Access Code: 717541 then press #

Please click herehttps://www.dropbox.com/sh/lk8u55p2rteypgw/AAAzMlpugd0WkiAYBxMJ-C7qa?dl=0 to access the past call recordings and all associated materials. Please note this is being updated as we get any new information, so check back often!

Due to the utility of the listservs for sharing information in this difficult time, we are experiencing some issues with "bandwidth". We'd like to ask for both patience and that when you post if you can send links to safe sites rather than attachments and also when you reply, delete the previous messages in the string as they build the data becomes huge and overwhelms our listserv capacity.  Also, always remember that emails are public records in most states.

Questions:

  1. Our city is curious if you've heard how most cities are handling payroll for individuals that are diagnosed or self-quarantine due to exposure. Are most cities sending employees home with pay? Without pay? Required to use Sick/Vacation time?

  2. I would like to ask the group a question about whether municipalities are considering taking the temperatures of employees as a precautionary measure.  We are looking into taking the temperatures of our officers (mainly patrol) at the beginning and end of each shift.

  3. I would also like to know how municipalities are screening the public who come into facilities.  We have developed a questionnaire to deal with police applicants coming in for interviews but are trying to figure out how to handle the general public.

  4. If/when there is a city/state/federal order to quarantine at home, are employees still being paid, or are they required to use sick time or annual leave? If they have none, can it be unpaid?

  5. If/when employees have to stay home to take care of children due to daycare/school closures, are they allowed to use sick time if they have no annual leave?

                                                         i.      Are any cities paying these employees their regular salaries during this time without having to take their sick/annual leave?

  6. Can Cities lawfully restrict their employee's travel? If so, to what extent?

  7. What are people doing about tolling time periods that applications need to be acted on to avoid appeals or constructive grants?  In MA, we (our state muni bar) are proposing legislation or an Executive Order from the Governor.

  8. How are people handling public records requests that must be acted on within a certain time and the people who do it are not at work?

  9. One of the things that we have been asked about is a template for a declaration of emergency for public health reasons. We have not created a template. I am reaching out to you to find out if you have a template or have compiled any of these declarations from other cities across the country, that you are willing to share.

  10. How are employees handled who are sent home for displaying symptoms (e.g. sick leave vs. administrative leave)

  11. Trying to get clarification on whether, in light of the President and the governor (Texas) declaring a national/state of disaster, does a local entity have to declare a local state of disaster to be eligible for reimbursement of FEMA funds?

  12. Can a municipality based upon COVID-19 concerns deny employee leave for a certain period of time that the municipality has determined is relevant?

  13. How are cities handling advertised public bid openings? (assuming they are not postponed) video broadcast? limited public access?

  14. Are any city attorney offices starting a staggered schedule for staff to avoid having the entire staff quarantined if a positive test? We have 5 attorneys working from home and 4 working in the office.

Thank you!

[cid:image008.png@01D5FECF.417E0180]

Caroline Storer
Marketing and Administrative Coordinator
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD 20850

[cid:image009.jpg@01D5FECF.417E0180]http://www.facebook.com/IMLA-259977855541/  [cid:image010.jpg@01D5FECF.417E0180] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./  [cid:image011.png@01D5FECF.417E0180] http://twitter.com/imlalegal  [cid:image012.jpg@01D5FECF.417E0180] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7104  M (202) 246-6050

W www.imla.orghttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2f&c=E,1,_FSCJ7yqdSdVJFdbP5BvStCbEbJVPW07vTvltof5M9Sw0P8hBfYzVWPRSLp1CgVGP69kMTXnTMQ9PxkXA2S5OaGM-iU3R9GOPblzn5ngiBMYYA,,&typo=1

Plan Ahead!

IMLA's 2020 Mid-Year Seminarhttps://linkprotect.cudasvc.com/url?a=https%3a%2f%2fimla.org%2fevents%2fseminars&c=E,1,w0FDGQfY5d7oKfxQFlX3KCHrT3NsOHIhQbdJ26sWf_eCiPiyrFAYN7qTl5XM_TDtB-BRj5A2uymUJJHi4f-os0n6lUnxt7ENibHUz4aCNChalmDWR1Bc&typo=1, April 24-27 in Washington, DC!

IMLA's 85th Annual Conferencehttps://linkprotect.cudasvc.com/url?a=http%3a%2f%2fimla.org%2fevents%2fconferences&c=E,1,CyYjTeVxs77VNjIaYmU2UZ8eG0HZDCwhyIwXlAqZoA0TQdJ66sQWago6POn-SLY1td9AU02OXHyP-j1S-2C-RkvfIDPyX9d-OWC4T9WAU51nObg,&typo=1, September 23-27 in La Quinta, CA!

Thank you for all of your prompt responses - I have found them to be very helpful. Another question: Should an employee test positive for COVID 19, how do you deal with informing co-workers who may have been in close contact with the person in an attempt to isolate? I'm concerned about privacy and asking employees whether they were close to Employee X and actually naming them. Also, can you generally tell all employees (without naming names) that an employee has tested positive? From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Davis, Anna Sent: Friday, March 20, 2020 10:52 AM To: Chuck Thompson <cthompson@imla.org>; disasterrelief@lists.imla.org Subject: Re: [Disasterrelief] COVID-19 Questions CAUTION: This email originated outside of the City of Charleston. Do not click links or open attachments unless you recognize the sender and know the content is safe. Chuck: Of course, an officer would WANT to know the answers to those questions for public health reasons, but that doesn't mean a person is required to answer. By placing someone under arrest to compel information, the officer is in the exact same position. The person can now decline to answer since they are under arrest, invoking the 5th Amendment, except now they really don't have to answer because now, they are under arrest for the crime of not answering a health question or resisting arrest. The officer is in the same position. Better to work the voluntariness of the encounter right up front from the start and try to get the information while at the same time considering whether the underlying offense is worth placing the person in detention at all. I imagine a most people would admit-right up front-to any potential exposure to avoid going to jail or getting a citation. From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Chuck Thompson Sent: Friday, March 20, 2020 10:20 AM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: Re: [Disasterrelief] COVID-19 Questions Let me suggest a slightly different view while at the same time agreeing that Anna's answer is the less risky. The Fifth Amendment protects against compelling someone to give evidence against themselves and while Miranda clearly advises a person they can remain silent, I'd err on the side of public health and insofar as the question involving Covid 19 is asked purely for public health purposes and officer safety as well as the safety of the person being asked, I think an officer could tell the person they need to answer. The answer would be different if the questions were being asked to prove the person committed a crime like avoiding quarantine or isolation. Would I suggest the person be arrested for not answering. Probably not, unless there were some compelling reasons to get the information and a place to put the person if arrested. Obviously, the underlying law will inform whether failing to answer a question regarding health is a crime, but you'd want to know some answers if the person was being arrested for something else and being inserted into a population of incarcerated people who could all be exposed to the virus if the person was not properly screened. [cid:image001.png@01D5FECF.417E0180] Charles W. Thompson, Jr. Executive Director/General Counsel International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD 20850 [cid:image003.jpg@01D5FECF.417E0180]<http://www.facebook.com/IMLA-259977855541/> [cid:image004.jpg@01D5FECF.417E0180] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image005.jpg@01D5FECF.417E0180] <http://twitter.com/imlalegal> [cid:image006.jpg@01D5FECF.417E0180] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7110 M (240) 876-6790 D (202) 742-1016 W www.imla.org<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2f&c=E,1,Jz9iN7g17nAd_7_uLlsZ31ltMKEgVKBsHXxLdzDTq4Gz-7OcV2WS2QnQ8M9aZh4wK3JvsYHSExiUq8XuTj7PPhN_TOrfRd-DEY489m22b1l_eki_FAe79Nc,&typo=1> Plan Ahead! IMLA's 2020 Mid-Year Seminar<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2fevents%2fseminars&c=E,1,7DndTkSckPz6JbjdU5vjjLwrgnS8gg1nI4F5lOvp2ultCUM0LrauAcR3chZ8QEz94EOn0N9DlORUsC7MLF4MLstN57Rrsyhw5fqLZ2ts&typo=1>, April 24-27 in Washington, D.C.! IMLA's 85th Annual Conference<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2fevents%2fconferences&c=E,1,OqFfFJraaDaIx2_3gpuUCIwIBUpijR9EtH4wRZMWdlWdHcA6sRd1EIsCIXJB2jIo_CwEvegTKVisdL0tw854b7qi1ghVOJpnfFiznsNEKM6ldIrpCpLN_WX0eg,,&typo=1>, September 23-27 in Riverside County, CA! From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Davis, Anna Sent: Friday, March 20, 2020 8:28 AM To: Mulloy, Heather <mulloyh@charleston-sc.gov<mailto:mulloyh@charleston-sc.gov>>; Caroline Storer <Cstorer@imla.org<mailto:Cstorer@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: Re: [Disasterrelief] COVID-19 Questions Good morning, Heather: In my view, the officers can ask these questions immediately upon interaction if unrelated to the crime and the person can choose whether to answer. In my view, the person can refuse to answer the officer, and I do not believe that would be considered resisting arrest under these circumstances. Officers don't need to Mirandize to ask questions about COVID, and immediately upon interaction should be ok, but I think officers should be mindful of the timing of the warning. In general, under Miranda and the Constitutional framework related to arrests, my position is the right to remain silent is absolute. If the person expresses a wish to remain silent, questioning should cease, and if the officer hasn't asked their COVID question upfront, I think they should stop the questions. However, I would consider using a overarching balancing test right now to determine whether the officer should be arresting someone or if they can just cite and release for minor crimes or misdemeanors. The risk of spreading the virus to detention staff and officers seems to outweigh the harm done by a minor offense. For felonies or serious offenses, it seems they will need to arrest to protect the public vs. the risk of spreading the virus. From: Mulloy, Heather [mailto:mulloyh@charleston-sc.gov] Sent: Friday, March 20, 2020 8:07 AM To: Davis, Anna <Anna.Davis@durhamnc.gov<mailto:Anna.Davis@durhamnc.gov>>; Caroline Storer <Cstorer@imla.org<mailto:Cstorer@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: RE: COVID-19 Questions All: Thank you for your response regarding taking the temperature of employees. I have another question for police encounters with the public: Can an officer ask a member of the public a series of questions regarding potential exposure to Coronavirus when in a potential citation/arrest situation? Or is it better to state that they do not have to answer and they can voluntarily answer the questions, if they wish. Thank you, Heather Mulloy│Assistant Corporation Counsel City of Charleston│Legal Department 180 Lockwood Drive│Charleston, SC 29403 3545 Mary Ader Drive | Charleston, SC 29414 T: (843) 720-2439│C: (843) 494-3156 | F: 843-965-4120 mulloyh@charleston-sc.gov<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fcharleston-sc.gov&c=E,1,d_7-o0JbEtw41N5n1opHvUNxhsV4k0WhmY-HGKh3-Tz7yc2lJVvfl_Jwhm4JeYrYjakngbZ-Y53jjnaKFQkG4T5mmLcf8S1Qmp-Kq23bqnY,&typo=1>│ www.charleston-sc.gov<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.charleston-sc.gov%2f&c=E,1,kvoXlVf250nx3N7ONlEmj2s9G23VKihIY5Q2P0E_QbPGsVByuboayMB3fQ6pz5My1B4jveIDpvQ6voHvnNjV-TfX7rJ5Hia8c2JwUUxTxyCdkeh9aHx2DJa5zw,,&typo=1> [Description: cid:image001.png@01D1B66D.08531C50] ***CONFIDENTIAL COMMUNICATION*** The information contained in this message may contain legally privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution or duplication of this transmission is strictly prohibited. If you have received this communication in error, please notify us by telephone or email immediately and return the original message to us and destroy all printed and electronic copies. Nothing in this transmission is intended to be an electronic signature or to constitute an agreement of any kind under applicable law unless otherwise expressly indicated. Intentional interception or dissemination of electronic mail not belonging to you may violate federal or state law. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Davis, Anna Sent: Thursday, March 19, 2020 1:56 PM To: Caroline Storer <Cstorer@imla.org<mailto:Cstorer@imla.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: Re: [Disasterrelief] COVID-19 Questions CAUTION: This email originated outside of the City of Charleston. Do not click links or open attachments unless you recognize the sender and know the content is safe. Regarding Question #2, the EEOC has said, since the call, that taking employee temperatures is acceptable. https://www.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfm<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.eeoc.gov%2feeoc%2fnewsroom%2fwysk%2fwysk_ada_rehabilitaion_act_coronavirus.cfm&c=E,1,QLZlQJ2I9NyZw8BhljJlhq29lULC-i9-1D0lug6szT7thykWinDPUqzyaiKTYFDF_o4TpqKXGsTjwPCVLD0s9WSYzA41bmR1J29dMjM3CM7ApAzImsoJ4vCC&typo=1> From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Caroline Storer Sent: Thursday, March 19, 2020 1:39 PM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: [Disasterrelief] COVID-19 Questions Good Afternoon all, We appreciate you being so willing to assist during this uncertain time. We had a number of questions before our last COVID-19 call, some were answered other we ran out of time for. I am including them below. Please reply all if you have helpful information. If you are sharing documents or resources to this list, we will assume it is okay for them to be placed in the DropBox of materials about COVID-19 unless you say otherwise. We have another call scheduled for Tuesday, March 24 at 3PM ET Dial-in Number: 425-436-6376, Access Code: 717541 then press # Please click here<https://www.dropbox.com/sh/lk8u55p2rteypgw/AAAzMlpugd0WkiAYBxMJ-C7qa?dl=0> to access the past call recordings and all associated materials. Please note this is being updated as we get any new information, so check back often! Due to the utility of the listservs for sharing information in this difficult time, we are experiencing some issues with "bandwidth". We'd like to ask for both patience and that when you post if you can send links to safe sites rather than attachments and also when you reply, delete the previous messages in the string as they build the data becomes huge and overwhelms our listserv capacity. Also, always remember that emails are public records in most states. Questions: 1. Our city is curious if you've heard how most cities are handling payroll for individuals that are diagnosed or self-quarantine due to exposure. Are most cities sending employees home with pay? Without pay? Required to use Sick/Vacation time? 1. I would like to ask the group a question about whether municipalities are considering taking the temperatures of employees as a precautionary measure. We are looking into taking the temperatures of our officers (mainly patrol) at the beginning and end of each shift. 1. I would also like to know how municipalities are screening the public who come into facilities. We have developed a questionnaire to deal with police applicants coming in for interviews but are trying to figure out how to handle the general public. 1. If/when there is a city/state/federal order to quarantine at home, are employees still being paid, or are they required to use sick time or annual leave? If they have none, can it be unpaid? 1. If/when employees have to stay home to take care of children due to daycare/school closures, are they allowed to use sick time if they have no annual leave? i. Are any cities paying these employees their regular salaries during this time without having to take their sick/annual leave? 1. Can Cities lawfully restrict their employee's travel? If so, to what extent? 1. What are people doing about tolling time periods that applications need to be acted on to avoid appeals or constructive grants? In MA, we (our state muni bar) are proposing legislation or an Executive Order from the Governor. 1. How are people handling public records requests that must be acted on within a certain time and the people who do it are not at work? 1. One of the things that we have been asked about is a template for a declaration of emergency for public health reasons. We have not created a template. I am reaching out to you to find out if you have a template or have compiled any of these declarations from other cities across the country, that you are willing to share. 1. How are employees handled who are sent home for displaying symptoms (e.g. sick leave vs. administrative leave) 1. Trying to get clarification on whether, in light of the President and the governor (Texas) declaring a national/state of disaster, does a local entity have to declare a local state of disaster to be eligible for reimbursement of FEMA funds? 1. Can a municipality based upon COVID-19 concerns deny employee leave for a certain period of time that the municipality has determined is relevant? 1. How are cities handling advertised public bid openings? (assuming they are not postponed) video broadcast? limited public access? 1. Are any city attorney offices starting a staggered schedule for staff to avoid having the entire staff quarantined if a positive test? We have 5 attorneys working from home and 4 working in the office. Thank you! [cid:image008.png@01D5FECF.417E0180] Caroline Storer Marketing and Administrative Coordinator International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD 20850 [cid:image009.jpg@01D5FECF.417E0180]<http://www.facebook.com/IMLA-259977855541/> [cid:image010.jpg@01D5FECF.417E0180] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image011.png@01D5FECF.417E0180] <http://twitter.com/imlalegal> [cid:image012.jpg@01D5FECF.417E0180] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7104 M (202) 246-6050 W www.imla.org<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.imla.org%2f&c=E,1,_FSCJ7yqdSdVJFdbP5BvStCbEbJVPW07vTvltof5M9Sw0P8hBfYzVWPRSLp1CgVGP69kMTXnTMQ9PxkXA2S5OaGM-iU3R9GOPblzn5ngiBMYYA,,&typo=1> Plan Ahead! IMLA's 2020 Mid-Year Seminar<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fimla.org%2fevents%2fseminars&c=E,1,w0FDGQfY5d7oKfxQFlX3KCHrT3NsOHIhQbdJ26sWf_eCiPiyrFAYN7qTl5XM_TDtB-BRj5A2uymUJJHi4f-os0n6lUnxt7ENibHUz4aCNChalmDWR1Bc&typo=1>, April 24-27 in Washington, DC! IMLA's 85th Annual Conference<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fimla.org%2fevents%2fconferences&c=E,1,CyYjTeVxs77VNjIaYmU2UZ8eG0HZDCwhyIwXlAqZoA0TQdJ66sQWago6POn-SLY1td9AU02OXHyP-j1S-2C-RkvfIDPyX9d-OWC4T9WAU51nObg,&typo=1>, September 23-27 in La Quinta, CA!
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