[Michlib-l] EO 2020-160 & EO 2020-161

[Membiela, Clare (MDE)]

Greetings!

Two new Executive Orders were released last evening, and a DHHS Emergency Order was released this morning. Here is, briefly, what these mean for Michigan's Public Libraries:

EO 2020-160<https://content.govdelivery.com/attachments/MIEOG/2020/07/29/file_attachments/1506900/EO%202020-160%20Emerg%20order%20-%20MI%20Safe%20Start.pdf>, Amended Safe Start Order - Rescission of Executive Orders 2020-110, 2020-115, 2020-120, 2020-133, and 2020-143. Combines and amends earlier EOs that pertained only to particular regions. Reinstates 10 person (from different households) limit across the state for indoor social gatherings or organized events. Provides a 100 person (from different households) limit on outdoor gatherings for regions 1-5, &7. Regions 6 & 8 have a 250 person limit for outdoor gatherings of people from different households. Provides some new emphasis on requiring remote work when an employee is able to accomplish their work remotely. Limits certain establishments across the state with liquor licenses to outside or curbside service only.

EO 2020-161<https://content.govdelivery.com/attachments/MIEOG/2020/07/29/file_attachments/1506903/EO%202020-161%20Emerg%20order%20-%20Workplace%20safeguards.pdf>, Safeguards to protect Michigan's workers from COVID-19 - Rescission of Executive Order 2020-145. Provides workplace requirements and guidelines for workplace safety. Updated to add guidance and requirements for Casinos.

DHHS Emergency Order<DHHS%20Emergency%20Order%20https:/www.michigan.gov/documents/coronavirus/MDHHS_epidemic_order_-_late_july_omnibus_order_-_FINAL_ready_for_signature_697769_7.pdf> Regarding EO 2020-153, EO 2020-160, and EO 2020-161 - Provides support and enforcement mechanism for EOs, including the authorization for police to enforce, including authorization to bar entrance into a violating business, and, penalties including loss of license or fine.

What does this mean for libraries?

The biggest takeaways are:

These EOs and their amendments are specifically aimed at limiting people from different households from congregating. In other words, keeping people separated. In considering adjustments to be made, libraries should consider this intent.

Libraries should review work arrangements and schedules with an eye towards assigning remote work where possible. The remote work requirement  in section 1 of EO 2020-160 This requirement is reiterated in EO 2020-161, section (1)(t) ("Promote remote work to the fullest extent possible."). Section 6(k) of 2020-161 requires that libraries and retail establishments "limit staffing to the minimum number necessary to operate."  This has always been a requirement, but the rearrangement of the language in EO 2020-160 has bumped it up to section 1, so it bears some renewed consideration considering the intent of the modifications made in EO 2020-160.

No in-person public board meetings ( a board meeting is an "organized event"  (see section 7(a)(3) of EO 2020-160). A 10 person meeting capacity is not enough to comply with Open Meetings Act).

An updated EO document will be up on the Library of Michigan Coronavirus resource page<https://www.michigan.gov/libraryofmichigan/0,9327,7-381-88855_98256---,00.html> shortly.

Please let us know if we can assist<https://www.michigan.gov/libraryofmichigan/0,9327,7-381-88855_89053_89064---,00.html> with any questions regarding these EOs or other concerns, and, please consult with your library attorney on questions regarding policy and personnel issues.

Thanks!
Clare


Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
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.
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