On June 11, 2021, Governor Newsom issued Executive Order N-08-21 (the “Order”) to roll back certain provisions of the Governor’s COVID-19-related executive orders. As detailed below, the Order will lift many of the executive orders that have affected public agencies during the COVID-19 pandemic.

Executive Order N-25-20 suspended the work hour limitations for retired annuitants who work in CalPERS-covered service during the COVID-19 state of emergency. Under Executive Order N-25-20, any hours worked by a retired annuitant to ensure adequate staffing during the state of emergency will not be counted toward the 960-hour limit for the fiscal year. The 180-day break in service requirement and the 60-day separation in service requirement were also suspended. Executive Order N-25-20 will expire on June 30, 2021.

Executive Order N-28-20 granted local governments full authority to suspend or limit all residential and commercial evictions during the emergency period, where the eviction is either (1) due to non-payment of rent or a foreclosure due to a substantial decrease in household or business income (whether through layoffs, reduced working hours, or a downturn in business), or (2) due to substantial out-of-pocket medical expenses caused by the COVID-19 pandemic or any documented local, state, or federal government response to the pandemic. Executive Order N-28-20 will expire on September 30, 2021.

Executive Order N-29-20 authorized local and state legislative bodies to hold public meetings via teleconferencing and make the public meetings accessible telephonically or otherwise electronically to all members of the public who wish to observe and address the local or state body. Throughout the COVID-19 pandemic, Executive Order N-29-20 has allowed public agencies to hold meetings by teleconference while satisfying all Brown Act requirements as long as public agencies meet the provisions of the Executive Order N-29-20. Executive Order N-29-20 will remain effect until September 30, 2021. After September 30, 2021, public agencies will need to follow all requirements of the open meeting laws found in the Brown Act, including the requirements to have a quorum of the members of the legislative body participate within the boundaries of the public agency, the identification of a teleconference location in the notice and agenda of the meeting, and an opportunity for the public to participate in person at each teleconference location.

Executive Order N-34-20 suspended the timeframes for public hearings required by political subdivisions that are in the process of changing from an at-large method of election to district elections, until social distancing measures are lifted in the jurisdiction.  After that time, those jurisdictions must hold the required hearings in a manner that allows sufficient advance public notice and the opportunity to participate in the postponed hearings. Executive Order N-34-20 will expire on June 30, 2021.

Executive Order N-35-20 allowed 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. Executive Order N-35-20 also allowed local body members to ask questions of those officials, to stay apprised of emergency operations and the impact of those operations on their constituents. This provision of Executive N-35-20 will expire on September 30, 2021.

Executive Orders N-35-20 and N-71-20 extended the deadline to file a claim against local governments under the Government Claims Act (Government Code section 911 et seq.) by a total of 120 days, and the time within which the government agency may act upon the claim was also extended by a total of 120 days. Per the Order, any claims accruing before June 30, 2021 will remain subject to the 120-day extension.

Executive Order N-42-20 prohibited water systems in California from discontinuing water service for residential customers and small businesses in a critical infrastructure sector for non-payment of bills. The Order extends the prohibition until September 30, 2021, at which point Executive Order N-42-20 will expire. Public water systems may thereafter discontinue water service for nonpayment of a bill, provided they follow the requirements of their discontinuation of service policies and applicable laws and regulations, including the Water Shutoff Protection Act (SB 998).

For any questions regarding the Order and its implications, please contact Douglas L. White at doug@whitebrennerllp.com, Nubia Goldstein at nubia@whitebrennerllp.com, or the White Brenner LLP office at (916) 468-0950.