FAQ: COVID-19

FAQ: COVID-19: Very Frequently Asked Questions by Attorneys, Allen Garner, Ivan Schraeder, James Hetlage, Julie Devine and MML Staff

Every workday your Missouri Municipal League staff answers dozens of questions on municipal issues. This column provides an opportunity to share some of the most frequently asked questions. The COVID-19 pandemic has been a top issue of discussion since March. Answers provided in this column were put together by League staff in consultation with attorneys: Allen Garner, Ivan Schraeder, James Hetlage, and Julie Devine. As with all legal matters, municipal officials are urged to consult their city attorney for guidance on the specific challenges faced by their municipality. doing deep cleans and considering installation of COVID-19

Can we require the public to wear masks when entering city hall?

The short answer is yes. The more detailed answer depends on how strict the city wants to be on enforcing this. Putting up a sign stating a requirement to wear masks is ok, and for most cities could be done with direction from top staff or the mayor. As with any city policy, enforcement should be fair and uniform. Consideration should be given to potential health accommodations for those who cannot wear a mask. A sign and verbal requests from staff may be enough to encourage most citizens to wear a mask. Cities considering stricter enforcement of mask rules are advised to consult their city attorney and would likely need to have council adopt an ordinance if fines are to be imposed as a penalty. Lastly, any city implementing such a mask requirement policy is reminded that if the public is expected to adhere to a policy it will behoove the city staff (and officials) to follow that policy just as strictly.

Can our city impose a citywide mask ordinance?

So far St. Louis, Kansas City, Springfield, Columbia, North Kansas City and Branson have imposed local ordinances requiring citizens to wear masks when in public. Cities are encouraged to consult their local county health department regarding the need for enforcement at the municipal level. Mask ordinances have become very controversial and consulting the local city attorney regarding passage is advised. A Springfield area attorney has brought a lawsuit against Springfield’s mask ordinance. A decision in the case is still pending, although the judge recently refused to issue a temporary restraining order to stop enforcement. Home rule charter cities may have clearer authority for mask ordinances statutory cities should look to 77.350 RSMo.(3rd), RSMo 79.380 (4th) RSMo. 80.090 (Villages) for authority to What steps are missouri cities taking to reduce the COVID-19 exposure risk for their workforce?

The COVID-19 pandemic is continuing to affect the way city hall and other city offices operate, from plexiglass at the utility clerk counter, to staggered work schedules, to virtual council meetings. Many cities are continuing to allow staff members that can work from home to do so. Some employees are able to do most of their job from home but may come in one or two days a week to take care of activities that absolutely require them to be at city hall. Other measures cities are taking to reduce exposure include using drop boxes for payments; offering incentives to encourage ACH (Automatic Clearing House) payments that come direct from the customer’s bank or online credit card payments; and using teleconference or video conference options for staff and other meetings. Most municipalities have imposed strong sanitization policies — not just staff and visitors with gloves and hand sanitizer but also address contagious diseases.

filters to HVAC systems.

Can we require employees to have a COVID-19 test if we suspect they have been exposed?

There is no prohibition in any employment law or regulation that prohibits employers from requiring a negative test result for return to work for employees who may have exhibited symptoms or who have been exposed to COVID-19. However, the Missouri Department of Health and Senior Services (MoDHSS) and the Centers for Disease Control and Prevention (CDC) discourage solely relying on test results as a return-towork measure. Instead, consultation with the local health department about selfisolation and symptoms depending on the circumstances is encouraged.

What obligations does a city have under HIPPA to protect

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information about employees who test positive for COVID-19?

The city has obligations under HIPAA to protect individualized employee health care information. However, there is no prohibition from reporting to the local health authority that the employer has employee(s) who have tested positive for COVID-19. The health authority will have protocols in place for handling these circumstances.

Is a city responsible for employees gossiping about a coworker who is on leave due to COVID-19?

The city has to keep COVID-19 health-related absences confidential, just as it would for any other health-related absences under HIPAA. What staff think or believe on their own is not the employer’s problems so long as the employer and its agents make no disclosures.

Is the paid leave requirement of the new federal EPSLA triggered when a city requires employees to self-quarantine following travel to a COVID-19 hot spot or for other reasons, including when the city’s standard is more strict than the local county health department?

The federal Families First Coronavirus Response Act (FFCRA) provides employees with up to two weeks of paid sick leave under what is termed the Emergency Paid Sick Leave Act (EPSLA). Paid leave is to be provided under six specific categories. The first is when the leave is required because “The employee is subject to a federal, state or local quarantine or isolation order related to COVID-19.” The attorneys who wrote the article in the MML Review Magazine, May/June issue, titled “Families First Coronavirus Response Act: What Municipalities Need to Know,” suggest that because the individual is employed by a city and thus the order to self-quarantine is a local order to quarantine or isolate due to COVID-19, the leave qualifies as paid leave under EPSLA. Cities are encouraged to consult their city attorney or employment counsel for compliance issues regarding the FFCRA.

Is there any federal reimbursement available to cover COVID-19-related sick leave?

Municipal governments were left out of the tax credit program that does allow for reimbursement of employees who miss work due to COVID-19 related issues. CAREs funding can be used to cover the costs of paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions.

MML Resources: • MML Review Magazine, May/June issue • “Families First Coronavirus Response

Act: What Municipalities Need to Know,” https://cdn.ymaws.com/mocities.siteym.com/resource/resmgr/may_review_ files/FFCRANeedtoKnow.pdf

REVIEWTHE MISSOURI MUNICIPAL A UNITED VOICE FOR MISSOURI MUNICIPAL LEAGUE COMMUNITIES May/June 2020

Families First Coronavirus Response Act:

What Municipalities Need To Know

www.mocities.com 1 Municipal Government 101 • Positive Policing • Annual Conference Photos Harrisonville Water Treatment Plant | FEMA Assistance | Creative During COVID-19

• MML Website: www.mocities.com, featuring a section on all COVID-19 FAQs, latest resources, links to state and federal actions, considerations by topic and more.