View Agenda Item

Consent 1.R.

Regular City Council Meeting

Meeting Date:: 03/23/2020
TITLE: Confirmation of COVID 19 Joint Emergency Declaration
PRESENTED BY:: Brent Brooks
Department:: Legal

Presentation:

PROBLEM/ISSUE STATEMENT

On Monday March 16, 2020, Mayor Cole along with the Board of County Commissioners for Yellowstone County, signed and issued a Joint Declaration of Emergency concerning the COVID-19 (corona virus) health crisis. This Declaration is authorized by Sections 10-3-402, 10-3-404 and 10-3-406, Montana Code Annotated (hereinafter referenced as MCA) and for the Mayor, by Section 2-903, BMCC (City Code). Section 2-903, BMCC provides that the Mayor shall have the authority to declare the existence of a state of emergency in the event it is deemed necessary to declare the existence of an emergency without delay, or when there is inadequate time to call a meeting of the city council. Such action shall be subject to later confirmation or revocation by the City Council. Therefore this participation in the Joint Declaration by Mayor Cole is on this Regular agenda for consideration and confirmation by the entire City Council.

Some Council Members have previously inquired about who has what authority concerning the local decisions in the COVID-19 situation or other crucial public health and safety issues. A few background comments are helpful. Under MCA section 50-2-106(1), a City and County may form a City-County Board of health. The City of Billings and Yellowstone County have done so through an interlocal agreement.The members of the board of Health are appointed pursuant to MCA section 50-2-106(2) as follows:

(a) one person appointed by the county commissioners who serves at their pleasure;

(b) one person appointed by the governing body of each city that participates in the city-county board who serves at the pleasure of the appointing governing body;

(c) additional members appointed by the county commissioners and governing body or bodies of the city or cities participating in the city-county board as mutually agreed upon who serve at the pleasure of the appointing commissioners or governing body.

Under Montana Code Annotated Section 50-2-116, t he local health board has numerous powers which are quite lengthy. One of the powers of the board is to hire a local Health Officer The qualifications of that officer are listed in MCA section 50-2-116(1)(a). The Board maintains supervisory control of the health Officer.

For the current decisions such as the closure of bars, casinos and restaurants, the authority to do so is vested in this local Health Officer pursuant to MCA section 50-2-118. That statutes provides

"In order to carry out the purpose of the public health system, in collaboration with federal, state, and local partners, local health officers or their authorized representatives shall:

(1) make inspections for conditions of public health importance and issue written orders for compliance or for correction, destruction, or removal of the condition;

(2) take steps to limit contact between people in order to protect the public health from imminent threats, including but not limited to ordering the closure of buildings or facilities where people congregate and canceling events;

(3) report communicable diseases to the department as required by rule;

(4) establish and maintain quarantine and isolation measures as adopted by the local board of health; and

(5) pursue action with the appropriate court if this chapter or rules adopted by the local board or department under this chapter are violated."

The local Health Officer may amend any orders previously issued as authorized by MCA section 50-2-118. The local Health Officer also consults with and is a member of the local Unified health Command. This group consists of Billings Clinic, St Vincent Healthcare, Riverstone Health and the County Disaster and Emergency Services Director and the Health Officer. The group makes recommendations to the Health Officer as that person performs duties from MCA Section 50-2-118 cited above. The Unified Health Command, the Emergency Operations Center, Board of County Commissioners and the Mayor/City Council have no supervisory authority over the Health Officer for the duties listed in MCA section 50-2-118.

There has also been a question from the Council about what the the Emergency Operation Center (EOC) is and how it relates to and works with the Health Officer and Unified Health Command. The EOC is intended to be an avenue of communication between all affected city and county emergency services departments on a variety of issues. It also exists so that emergency services officials can communicate a consistent message to the public as needed. The EOC has no authority to issue declarations and similar directives. That is done by our elected city and county officials and the County Health Officer

The legal advisor of the local City-County health board and Health Officer is the County Attorney as provided in MCA section 50-2-115.

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ALTERNATIVES ANALYZED

City Council may:

Approve and confirm the Mayor's participation in the Joint Emergency Declaration, or;
Disapprove and not confirm the Joint Emergency Declaration

Confirmation or non-confirmation of the Declaration of Emergency does not impact the decisions within the statutory authority of the local Health Officer.

FINANCIAL IMPACT

Approval and confirmation of the Emergency Declaration will make the City better able to obtain various state and federal funds to assist in the costs of the emergency. Disapproval and non-confirmation will make it more difficult to apply for and potentially receive such funds.

RECOMMENDATION

Staff recommends that the Council approve and confirm the Mayor's participation in the Joint Declaration of Emergency issued March 16, 2020.

APPROVED BY CITY ADMINISTRATOR

Attachments

Emergency Declaration Resolution