IMPORTANT BUSINESS UPDATE
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FEMA Approves Temporary Shelter to Homeless Michiganders Impacted by COVID-19
Michigan has received approval from the Federal Emergency Management Agency (FEMA) to provide housing alternatives such as hotels and motels for homeless individuals who may need to quarantine in response to or are at high-risk for severe illness from COVID-19.
The state will work with local partners to provide individual housing in hotels or other facilities to homeless individuals who:
- Test positive for COVID-19 and need to be isolated but do not require hospitalization, including those discharged from hospitals
- Have been exposed to COVID-19 and are identified by a health care professional as needing quarantine but do not need hospitalization
- Need individual sheltering as a precautionary measure because they belong to a high-risk group such as people over age 65 or with certain underlying health conditions
The announcement follows a public health order from Department of Health and Human Services Director Robert Gordon. The public health order is required by FEMA to request approval for reimbursement. FEMA funding reimburses communities up to 75% of eligible program costs.
“Individuals who are homeless always face health risks, but the risk is so much greater because of COVID-19 — for them and for their communities,” Gordon said. “These hotel units can reduce infection rates and save lives.”
The hospitality industry and other private-sector partners will be critical in facilitating this effort. Governor Whitmer and Director Gordon sincerely thank the state’s partners in the lodging industry for the role they are playing in providing temporary shelter to these Michiganders and helping to reduce infections.
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Executive Order 2020-70 Reopens Construction & Real Estate
Friday, May 1, at a press conference with leaders in health care, business, and labor, Governor Gretchen Whitmer signed Executive Order 2020-70 as part of her MI Safe Start plan. The executive order will allow the May 7 resumption of some types of work that present a very low risk of infection, including construction, real-estate activities, and work that is traditionally and primarily performed outdoors.
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Governor Signs New Emergency & Disaster Declarations
Stay Home Stay Safe Stays Put Until May 28
On Thursday, April 30, Governor Whitmer signed new emergency and disaster declarations using independent sources of statutory authority after the Republican-controlled Michigan Legislature refused to extend the emergency and disaster declaration that was set to expire at midnight.
The executive orders cite extensive data validating the existence of an emergency and disaster across the State of Michigan. Specifically, although the pace of COVID-19 spread has showed signs of slowing, the virus remains aggressive and persistent: to date, there have been 41,379 confirmed cases of COVID-19, and 3,789 deaths from the disease—fourfold and tenfold increases, respectively, since the start of this month. And while COVID-19 initially hit Southeast Michigan hardest, the spread is now increasing more quickly in other parts of the state. For instance, cases in some counties in Western and Northern Michigan are now doubling every 6 days or faster.
Moreover, the economic damage wrought by this pandemic—already severe—will continue to compound with time. Between March 15 and April 18, Michigan had 1.2 million initial unemployment claims. This amounts to nearly 24% of the Michigan workforce. During this crisis, Michigan has frequently processed more unemployment claims in a single day than the most painful week of the Great Recession, and the state has already reached its highest unemployment rate since the Great Depression. On April 9, 2020, economists at the University of Michigan forecasted that the U.S. economy will contract by 7% in the second quarter of this year, or roughly an annualized rate of 25%. As a result, many families in Michigan will struggle to pay their bills or even put food on the table.
Thursday's orders included:
- Executive Order 2020-66, which terminates the existing state of emergency and disaster declarations issued under the Emergency Management Act in Executive Order 2020-33.
- Executive Order 2020-67, which clarifies that a state of emergency remains in effect under the Emergency Powers of the Governor Act of 1945. The order is effective immediately and continues through May 28, 2020 at 11:59pm. The governor will evaluate the continuing need for this order prior to its expiration, and if she determines that an emergency no longer exists, will terminate or extend the state of emergency declared in this order.
- Executive Order 2020-68, which declares a state of emergency and a state of disaster across the State of Michigan under the Emergency Management Act of 1976. The state of emergency and state of disaster declared by this order will be effective through May 28, 2020 at 11:59pm, and the governor will evaluate the continuing need for the order prior to its expiration, terminate the states of emergency and disaster if the threat or danger has passed.
Former House Speaker and attorney for Plunkett Cooney Tom LEONARD said the Governor made a tactical mistake by extending her state of emergency under both laws.
"Her declaration of emergency under the 1945 law is unsurprising. But it's perplexing that exactly one minute after terminating the COVID-19 emergency under the 1976 law upon failing to get the legislative approval that law requires, she issued another COVID-19 declaration under the very same law as if there were a 'new' emergency. I don't know how she will defend this position in court," Leonard said.
Steve LIEDEL, an attorney with Dykema, said the 1976 law clearly requires the Governor, after 28 days, to issue an order rescinding the state of emergency if the Legislature doesn't extend it.
The Legislature didn't extend it, and so Whitmer rescinded the existing emergency, so Liedel said Whitmer acted "consistent with the plain text of the statute."
Both legislative chambers have given their respective leaders authority to sue Whitmer for her actions taken to respond to COVID-19.
Asked about what may insulate her administration from a potential legal challenge from the Republicans, Liedel said it's going to be difficult to find a basis for a legal challenge if it appears Whitmer "appears to be proceeding that's consistent (with) the plain language of the statute."
Ruddell said Whitmer's action won't "completely" insulate her, but he did say that any challenge to the Governor's power during a global pandemic would be "an uphill battle."
He said Whitmer would get a "great deference" from the courts while the emergency continues, and he referenced the state Court of Claims ruling Wednesday that blocked a request to halt enforcement of Whitmer's stay-at-home order.
However, Ruddell said, the longer the emergency goes on, and the "greater distance between COVID-19 and her orders, the less deference she would receive."
Whitmer’s office also indicated she would not sign Senate Bill 858, amended legislation that laid out extension dates for certain executive orders issued by the governor. Notably, one of the provisions in the bill would allow restaurants, bars, gyms and other public-facing businesses to open May 15, albeit with some social distancing restrictions.
The bill “does not comply with constitutional requirements” and the governor won’t sign bills that constrain her ability to protect Michigan residents from COVID-19, according to a statement from the governor’s office.
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Public Accommodation During the COVID-19 Pandemic
Governor Whitmer extended her previous order that temporarily closes certain places of public accommodation such as theaters, bars, casinos, and more. In order to maintain social distancing the order also limits restaurants to carry-out and delivery orders.
This order does not restrict a place of business from offering food and beverage using delivery service, window service, walk-up service, drive-through service, or drive-up service. Places of public accommodation are encouraged to offer food and beverage service in one or more of those ways and use precautions to mitigate potential transmission of COVID-19, including social distancing and wearing as face covering. Restaurants may allow five people inside at a time to pick up orders, so long as they stay six feet apart from each other.
These restrictions do not apply to the following locations: office buildings, grocery stores, markets, food pantries, pharmacies, drug stores, and providers of medical equipment and supplies, health care facilities, residential care facilities, congregate care facilities, and juvenile justice facilities, warehouse and distribution centers, and industrial and manufacturing facilities.
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Executive Order Expands Provisions for K-12 Learning and Early Childhood Programs for Remainder of School Year
Executive Order 2020-65 extends and clarifies previous Executive Order 2020-35 which closed all K-12 school buildings for instructional purposes to students for the reminder of the school year and set guidelines for remote learning. In addition, the new order also suspends in-person instruction of both the Great Start Readiness Program (GSRP) and early childhood programs for the remainder of the 2019-2020 school year. GSRP is Michigan's state-funded preschool program.
Under the re-issued EO, school districts that run GSRP must also detail a plan for the teaching team to engage with enrolled children and their families as well as provide them with plans for the transition to kindergarten.This outreach must incude a virtual conference with the family. Schools must begin implementation of GSRP plans by May 7, 2020.
Additional details of the EO address teacher evaluations, suspend requirements like mandatory fire, lockdown and tornado drills, and waive compulsory attendance/truancy requirements and enforcement.
School districts will have the flexibility to adopt a balanced calendar for the 2019-2020 school year and/or to begin the 2020-2021 school year before Labor Day without seeking additional approval.
Teachers and school employees will be paid for the reminder of the school year. Student teachers will still be able to get a temporary certification and current teachers will still be able to renew certifications even if they can't meet all the requirements due to COVID-19.
All Michigan high school seniors will be given the opportunity to graduate this year so that they may make a successful postsecondary transition.
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U.S. Department of Labor (DOL) Seeks Participation in Opening America's Workplaces Again National Online Dialogue
The U.S. Department of Labor (DOL) invites small business and workers to participate in the DOL’s “Opening America’s Workplaces Again National Online Dialogue.” Through this dialogue, the public can play a key role in helping to reopen America’s workplaces safely. The public – including employers, workers, local authorities and advocacy groups – is invited to share ideas on six topics:
- Reopening businesses;
- Commuting safely;
- Working safely;
- Accommodating members of vulnerable populations;
- Supporting America’s families; and
- Reducing regulatory burdens.
Ideas and feedback collected during the dialogue will be used by the DOL as it continues to develop compliance assistance materials and guidance for workers and employers, and will be shared with policy-makers at the federal, state and local level as they develop and refine plans on reopening America’s workplaces. The comment period ends May 7, 2020.
Please join the dialogue to submit your ideas, votes, and comments to DOL.
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Governor Announces Appointments to Boards & Commissions - Saginaw's Barbara Smith Named
Barbara J. Smith, of Saginaw, is the executive director of the Barb Smith Suicide Resource & Response Network, a certified trainer for Yellow Ribbon International, and a member of the Saginaw County Sheriff’s Department Victim Advocate team. Ms. Smith is an appointee of the director of the Department of Health and Human Services to the State Suicide Prevention Commission.
The Suicide Prevention Commission was signed into law in 2019 and became effective March 19, 2020. The Commission will work with state departments and agencies and nonprofit organizations to research the causes and possible underlying factors of suicide in Michigan. The Commission consists of sixteen members recommended by various organizations and appointed by the Governor, a member appointed by the director of the Michigan State Police, a member appointed by the director of the Michigan Department of Military and Veterans Affairs, eight members recommended by various organizations and appointed by the director of the Michigan Department of Health and Human Services, and the Michigan veterans' facility ombudsman or his or her designee.
These appointments are not subject to the advice and consent of the Senate.
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Resources for Business and the Community
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The Saginaw County Chamber of Commerce maintains a list of federal, state, and local resources that provide aid and information for your business, employees and our community during the COVID-19 (Coronavirus) pandemic. This information is ever-changing, please check the Chamber's
website,
Facebook, and your email frequently.
We will add links, resources, and updates as information becomes available. We are also converting our At A Glance Newsletter to include Coronavirus links and information as well as local updates, job availability, member coupons and most importantly Member News. Please let us know what your business is doing and how you are functioning during this uncertain time. We need to stay connected and support each other.
If you are offering a service to help the Saginaw County Community or local businesses weather this storm, please email your information to
info@saginawchamber.org.
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Please share this page with anyone who might need a source for information or connection.
Thank you and stay healthy.
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