See below information on new order from the Foster-Swift law firm.
Clare
Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
517-335-8132
The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your
attorney to obtain advice with respect to any particular issue or problem.
From: Foster Swift Municipal Law News <municipalgroup@fosterswift.com>
Sent: Monday, November 16, 2020 4:46 PM
To: Membiela, Clare (MDE) <MembielaC@michigan.gov>
Subject: New Emergency Order Prohibits In-Person Public Meetings
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MDHHS Issues New Emergency Order Prohibiting In-Person Public Meetings & Requiring Work from Home
November 16, 2020 The Michigan Department of Health and Human Services (MDHHS) issued a new emergency order to combat the spread of the novel Coronavirus. The order, which takes effect on November
18, 2020, strictly limits the size of gatherings and requires employers to create a work-from-home policy. The order also keeps intact face mask requirements, moves high schools to remote learning, and mandates certain entities conduct contact tracing. This
order remains in effect through December 8, 2020. Gatherings and Public Meetings The order prohibits all non-residential indoor gatherings and limits outdoor gatherings to the lesser of 25 or fewer persons or 20 persons per 1,000 square feet. While the order
excludes food service establishments, retail stores, libraries, and museums from these limitations, it does not provide any exception that would allow public bodies to host indoor, in-person meetings. Instead, public bodies should host any meeting scheduled for between now and December 8 electronically, such as by Zoom or Microsoft Teams. The meeting platform must allow for two-way
communications between the members of the public and the public body. The meeting must be noticed on your website’s homepage, and be published at least 18 hours before the meeting begins. The notice must include why the public body is meeting electronically,
how members of the public may participate, how members of the public may contact members of the public body, and how persons with disabilities may participate. Please contact your
Foster Swift attorney or a member of our
Municipal Practice Group for more information on how to properly notice and conduct an electronic meeting. Work-from-Home The other substantive change in the MDHHS order impacting public bodies is the requirement that all employers, including municipalities, create a policy prohibiting in-person work
for employees to the extent such employees can feasibly complete their work activities remotely. A worker can feasibly work from home even if he or she is less productive at home or if there is an extra expense in providing the worker work-from-home equipment,
such as a laptop. This likely includes most office workers and administrators. Workers that cannot feasibly work from home, such as first responders, public works employees, and employees whose work requires interaction with the public or access to public records,
may continue to work in-person, provided that they wear face coverings and remain socially distanced as required. The work-from-home policy may be included in your COVID-19 Preparedness and Response Plan or as a separate document. Please contact your
Foster Swift attorney or a member of our
Coronavirus Taskforce for assistance with drafting a work-from-home policy.
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