To better assist local governments in responding to the COVID-19 emergency, Governor Newsom has issued Executive Order N-35-20 (the “Order”). The Order suspends certain Brown Act restrictions for COVID-19 updates, extends the waiver of work hour restrictions to local governments, suspends local enforcement of ordinances that impede the provision of emergency services, and extends certain deadlines for government claims and reimbursements for prison-related claims. The Order has several important implications for local governments.

First, regarding the Brown Act, the Order allows all members of a local legislative body or state body to receive updates from federal, state, and local officials, including simultaneous updates, concerning the impact of COVID-19, the government’s response to COVID-19, and other aspects relevant to the declared state of emergency. Further, the local body members may ask questions of those officials, to stay apprised of emergency operations and the impact of those operations on their constituents.

Importantly, however, the Order does not do the following:

• The Order does not permit the members of the local legislative body to take action on or discuss amongst themselves any item of business within the jurisdiction of the local body. For these actions, the Brown Act still applies.
• The Order also does not affect last week’s executive order permitting teleconferencing for public meetings, including meetings of City Councils, Special Districts, School Boards, and other bodies. That executive order, issued March 17, 2020, remains valid and effective. For more details about last week’s order, see our client alert, “Governor Issues Executive Order to Clarify Suspension of Open Public Meeting Laws,” available at www.whitebrennerllp.com/news/.

Second, the suspension of laws regarding reinstatement and work hour limitations for retired annuitants and others, as described the Governor’s March 12, 2020, executive order, are now extended to local governments to ensure adequate staffing to respond to the COVID-19 pandemic. For more details regarding the scope and particulars of the March 12 order, see our client alert, “Work Hour Limitations For Retired Annuitants Suspended During COVID-19 Pandemic,” also available at www.whitebrennerllp.com/news/.

Third, the Order suspends any local ordinance, including noise restriction ordinances, to the extent such ordinances impede the delivery of food products, pharmaceuticals, and other emergency necessities sold at grocery stores or distributed through hospitals, jails, restaurants, schools, and other institutional channels. Cities should review their municipal codes to determine which provisions may be construed as impeding the delivery or food and emergency necessities and, where possible, consider adopting ordinances to comply with the Order while providing clear direction to any impacted local residents and businesses.

Fourth, the Order extends the deadline to file a claim against local governments under the Government Claims Act (Cal. Gov. Code section 911 et. seq.) by 60 days, and the time within which the government agency may act upon the claim is also extended by 60 days.

Finally, the Order grants a 60-day extension of the deadline under Penal Code section 475, subdivision (j), for cities and counties to seek reimbursement from the state for expenses incurred as a result of crimes committed by prisoners within the local jurisdiction.

The full text of the Order may be found at here.

If you have any questions or concerns, you are welcome to contact the offices of Churchwell White at (916) 468-0950, or Douglas White at Doug@whitebrennerllp.com, Barbara Brenner at Barbara@whitebrennerllp.com, or Nubia Goldstein at Nubia@whitebrennerllp.com.