By Attorney Maria Brownell
On Tuesday May 26, 2020, Governor Reynolds signed a new proclamation temporarily continuing the public health emergency associated with the COVID-19 pandemic. The following exemptions and suspensions in the proclamation are notable from an operational standpoint for governmental entities, and will be in place through June 25, 2020 (unless modified by a subsequent proclamation).
Paper bidding Requirements
All paper bidding requirements otherwise applicable under Iowa Code Chapter 26 continue to be suspended (Proclamation § 136).
The prior Ahlers & Cooney Client Alert concerning this subject can be found here.
Open Meetings Requirements
Public attendance at public meetings such as city council, board of supervisors, or school board meetings may continue to be limited as necessary as long as alternative means for the public to access the meeting are provided and notice is properly given (Proclamation § 139).
Even after the Disaster Emergency Proclamation expires (whether on June 25 or at the conclusion of any further extension), governmental bodies may choose to hold electronic meetings as long as the requirements of Iowa Code Chapter 21 are followed, including that notices should continue to provide electronic access instructions. After the expiration of the Proclamation, any notices for such meetings should omit reference to the Governor's Proclamation, but it could continue to cite the COVID-19 pandemic as the reason an in-person meeting is impossible or impractical if deemed appropriate. In addition, governmental entities that wish to hold in-person meetings are not prohibited from doing so, provided the guidance from the Iowa Department of Health concerning mass gatherings is observed. Governmental entities are not restricted from providing additional courtesy access to in-person meetings electronically or telephonically.
The prior Ahlers & Cooney Client Alert concerning this subject can be found here.
Public Records Requests
In-person public records request requirements continue to be suspended (Proclamation §140). The requirement that a lawful custodian be present to receive records requests continues to be suspended. (Proclamation § 141).
Mass Gatherings
As the summer season approaches, and events such as parades and community celebrations remain on the calendar, it will be important to keep in mind the following provisions applicable to mass gatherings:
- Until 11:59 p.m. on May 31, 2020: Social, community, recreational, leisure, and sporting gatherings of more than 10 people are prohibited. This prohibition specifically includes parades, festivals, conventions, and fundraisers. The proclamation excludes spiritual and religious gatherings in any number and gatherings of more than ten enclosed vehicles, provided no more than ten people are inside each enclosed vehicle and remain inside the vehicle. (Proclamation § 5).
- From 12:01 a.m. on June 1 until 11:59 p.m. on June 17, 2020: Social, community, recreational, leisure, and sporting gatherings of more than 10 people are permitted provided the gatherings meet the following requirements:
- Indoor gatherings must be limited to 50% of the venue's normal operating capacity.
- Outdoor gatherings with grandstands and other permanent seating must be limited to 50% of the venue's normal operating capacity.
- Outdoor gatherings without permanent seating must be limited to allow social distancing guidelines of six feet of physical space between groups and individuals in attendance.
- Appropriate additional reasonable measures must be implemented to ensure increased hygiene measures consistent with the Iowa Department of Public Health's guidelines. (Proclamation § 6).
In addition, school districts contemplating use of their facilities during this time should follow the guidance outlined by the Department of Education, the Iowa High School Athletic Association, the Iowa Girls High School Athletic Union, and local/state health officials.
Any gatherings that do not meet these restrictions are prohibited.
Please note that this is not an exhaustive list of the provisions in the May 26, 2020 proclamation that may impact governmental bodies in Iowa. The full text of the Proclamation can be found here. If you have any questions about these or any other provisions in the Governor's Emergency Proclamation, feel free to contact your City or County Attorney or one of the members of Ahlers & Cooney's Government Law or Education Law Practice Groups.
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