What are your powers to declare an emergency?
How this applies to the coronavirus (COVID-19) and your community
OML has received hundreds of questions from communities across the state in regard to the COVID-19 virus. There are several issues that are repeated among these questions. We are identifying the most critical and providing the answers to the public. In the coming days and weeks we will continue to provide answers to new issues as they arise. We are working with appropriate state and federal agencies to ensure we are providing the most up-to-date and accurate information.
The majority of questions at the moment revolve around the ability and need to establish emergency rules in municipalities. If your municipality is considering emergency rules or emergency declarations, please read below and then contact OML if you have any questions.
Can your municipality enact rules to protect the public during this on-going COVID-19 event?
According to Oklahoma state statute at 11 O.S. Section 22-120 the municipal governing body may enact and enforce such ordinances, rules and regulations as it deems necessary for the protection of public health, not inconsistent with state law. The governing body may make regulations to prevent the introduction of contagious diseases into the municipality and may enforce quarantine laws within five (5) miles of the municipal limits. Your municipal attorney is an invaluable resource in crafting these ordinances, rules and regulations.
Recently, in response to action from Federal and State authorities, many municipalities have restricted businesses and events that have a risk of spreading the COVID-19 virus. Many municipalities have set limitations on restaurants to only carry-out orders and have closed bars and other social establishments. All municipalities have the authority to enact these measures, but the process in doing so could be different.
Oklahoma Statutes
Title 11. Cities and Towns
Chapter 1 - Oklahoma Municipal Code
Article XXII - General Powers of Municipalities
Section 22-120 - Public Health, Hospitals, and Quarantine
Cite as: O.S. §, __ __
A. The municipal governing body may enact and enforce such ordinances, rules and regulations as it deems necessary for the protection of the public health, not inconsistent with state law; and may establish and regulate hospitals, and provide for their operation and support. The governing body may make regulations to prevent the introduction of contagious diseases into the municipality and may enforce quarantine laws within five (5) miles of the municipal limits.
How does your municipality enact these measures?
This question is a little more complicated depending on what form of government your municipality practices. If you are a charter city you must first consult your charter to see if your municipality has specific language governing emergencies and the passage of ordinances.
Other forms of government follow similar procedures. Unless there is already a timely regularly scheduled meeting, a governing body will need to call a special meeting following the guidelines of the state’s open meeting act. Most notably, you will need 48 hours advance notice to call this meeting.
If a municipality desires to have the force of law then you will need to pass an ordinance. A resolution or declaration DOES NOT HAVE the force of law. There are no special procedures to passing an ordinance in response to the COVID-19 virus threat to public health.
If you want the ordinance to go in to effect immediately you will need to adopt an emergency ordinance as provided in 11 O.S. Section 14-103. Note that the statute requires a separate vote on the question of emergency and approval by a supermajority of at least three-fourths (3/4) of all the members of the governing body. If the question of emergency is not approved by the supermajority the ordinance will not go into effect for 30 days. Ordinances passed with an emergency clause attached are not required to be published in full, but may be published by title only as provided by 11 O.S. Section 14-106.
What does a resolution or declaration do?
Some municipalities have opted to pass resolutions or declarations to address public health issues. In this instance they serve the same purpose. Both are a formal expressions of the will, wish or direction of the municipality, but DO NOT HAVE the force of law. A municipality might pass a resolution to ask bars and social gathering places to close but would not require them to do so. Those with Charters should consult your charter.
Does my city need to pass an emergency declaration to receive federal funds?
NO, your city is not required to file a Declaration of an Emergency to be eligible for federal funds. FEMA recommends local governments document they’ve activated their emergency plans. At this time, FEMA has seen nothing that says local jurisdictions must issue a proclamation in order to receive FEMA funds. At the moment the only funds available to the state are through the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the "Stafford Act"); and the Small Business Administration (SBA). Upon the issuance of Executive Order 2020-07 by Governor J. Kevin Stitt all 77 counties and municipalities within Oklahoma became eligible for these programs. You must file the appropriate paperwork with FEMA, through the Oklahoma Department of Emergency Management, to receive the Stafford funds. OEM has begun working with local emergency mangers and leaders to register for assistance. The SBA Loan Assistance program is administered directly by SBA. They will work directly with the business or non-profit applying for the funds.
Further, the SBA has relaxed their current rules that require 5 financial hardships in a county prior to eligibility. During this time of crisis all 77 counties will be automatically eligible for the SBA program. This information will be published at SBA.gov and provided through the Oklahoma Department of Commerce.
Through the Oklahoma Department of Emergency Management (OEM), the State has submitted a request for a small business economic injury declaration and are waiting to receive word regarding its approval. OEM requested all 77 counties be designated. The President granted Oklahoma an emergency declaration for Cat. B (emergency protective measures). The emergency declaration will help reimburse communities that have COVID-19 related response costs. OEM will begin working with emergency managers and community leaders to collect the necessary documents needed to receive federal funding.
The required Emergency Declarations have been filed at the state level for all 77 counties. No further Emergency Declarations are required at the local level to receive disaster funds.
Mike Fina
Executive Director
Oklahoma Municipal League
mfina@oml.org
405.528-7515