Municipal Practice Group Update
On May 20, 2021, Governor Lamont issued Executive Order 12B, which among other things extends certain of his prior Executive Orders impacting municipal government and procedures (including some in place since the beginning of the pandemic in the Spring of 2020), through June 30, 2021. While many previously issued executive orders have already expired, those orders which are being extended are designed to allow municipalities sufficient time either to anticipate returning to the previous methods of operation – with possible adjustments – on June 30 or to be able to comply with any new legislative enactments that may be passed prior to the end of the current session on June 9.
Among the Executive Order provisions which have been extended to June 30, without limitation, are the following:
EO 7B-1, which suspended in-person open meeting requirements;
EO 9H-1, which required the provision of remote participation in municipal meetings;
EO 7I-19, which extended certain municipal procedural deadlines, particularly with respect to land use proceedings;
EO 10E-2, which expanded eligibility for absentee voting to include concerns regarding COVID -19;
EO 7Q-3, which authorized remote notarization of documents; and
EO 7JJ-3, which tolled the expiration of land-use and building permits.
Additionally, EO 12B repeals EO 11A-2, which authorized the implementation and enforcement of “Sector Rules” by municipal agencies and authorities to reduce the spread of COVID -19, has been rescinded, effective immediately. We assume that this was done because the underlying capacity restrictions and other limitations on businesses, service providers and others having been eliminated effective May 19, there are now no pertinent requirements to enforce.
The effect of these changes will be to reinstate, at the announced times, the otherwise-applicable statutory, regulatory and other legal requirements, which the above EO’s had suspended or otherwise altered or to accommodate possible new legislative requirements.
The Governor also announced that these actions do not prohibit municipalities from continuing to require that masks be worn at public meetings, regardless of vaccination status.
We encourage our municipal clients to consider, notwithstanding these actions by the Governor, how the knowledge and experience they have gained during the pandemic, such as the provision of remote access to public meetings, may be continued or even expanded in order to enhance public participation in municipal processes and to engender a sense of community. We note that nothing in the Governor’s announcement requires municipalities to end such practices so long as the pre-pandemic requirements, including the Freedom of Information Act, are adhered to. We will provide subsequent updates if there are any changes to the Executive Orders or newly enacted legislation which affects our municipal clients.
Please feel free to contact a member of our municipal practice group if you have questions or concerns regarding this action by the Governor.