DATE:
March 15, 2022
TO:
Mayor and Council Members
FROM:
Nils Bentsen, City Manager
BY:
Rachel Molina, Assistant City Manager
Jamie Carone, Management Analyst
SUBJECT:
Support Legislation that Limits Gubernatorial Authority During a State of Emergency and Demand California’s Governor Abide by Existing Limitations Under the California Emergency Services Act
RECOMMENDED ACTION
It is recommended that the City Council adopt Resolution No. 2022-020 supporting legislation that limits the California governor’s ability to extend state of emergency orders without an act of legislation, demanding that the governor abide by existing limitations regarding executive authority specified in the California Emergency Services Act, and requesting local jurisdictions adopt similar resolutions seeking to limit the governor’s authority during a state of emergency.
BACKGROUND
On March 4, 2020, Governor Gavin Newsom (Newsom) declared a state of emergency in response to the COVID-19 pandemic. Since that date, Newsom has suspended or altered more than 400 laws and regulations and issued dozens of other laws without going through the typical legislative process. In total, 561 executive orders have been issued since the pandemic began.
Each state authorizes its governor to declare a state of emergency in times of war, disease, or other extraordinary conditions. Once an emergency is declared, executive powers expand until the emergency ends. These powers include authority normally only given to state legislatures, such as the ability to suspend existing statutes or create new laws, although temporarily, as needed to respond to the emergency.
Although some states impose specific time limits on a state of emergency and the executive authority it provides, in California, a state of emergency can only be terminated by the governor or by a concurrent resolution adopted by the state legislature; however, California Government Code Title 2 Division 1 Chapter 7 California Emergency Services Act (CESA), Article 13 Section 8629 does state that the governor shall proclaim the termination of a state of emergency at the earliest possible date that conditions warrant.
ISSUES/ANALYSIS
On February 25, 2022, Newsom lifted all but five percent of COVID-19 related executive orders. The order signed on this day terminated 19 of the remaining provisions. Furthermore, the governor announced that 18 executive orders would be lifted on March 31, 2022 and 15 more on June 30, 2022. On February 28, 2022, Newsom declared the mask mandate for schools would be lifted as of March 12, 2022, and the mask mandate for indoor settings, for both the vaccinated and the unvaccinated, would be lifted as of March 1, 2022.
However, although the governor eliminated all but five percent of the executive orders issued under the current COVID-19 state of emergency, the governor also stated that he does not intend, nor does he have a timeline, to end the state of emergency which allows him the authority to change or suspend state laws or mandates in response to the pandemic.
According to Section 8629 of CESA titled “Termination of state of emergency” the declaration to end an emergency should be made at “the earliest date that conditions warrant.” At this time, COVID-19 rates have plummeted as have hospitalizations and death rates, and conditions have become safe enough to lift mask mandates for adults and children indicating that the virus has likely become endemic, as opposed to pandemic, which should bring about the end of the state of emergency as directed in CESA regulations.
FISCAL IMPACT
There are no fiscal impacts identified with this action.
ALTERNATIVE(S)
Provide alternative direction to staff
ATTACHMENT(S)
Resolution No. 2022-020
City of Hesperia STAFF REPORT City of Hesperia STAFF REPORT City of Hesperia
STAFF REPORT
City of Hesperia
STAFF REPORT
Staff Report to the Mayor and Council Members
Limit Gubernatorial Authority During State of Emergency March 15, 2022