Model Local Resolution

INTroductory ‘whereas’ language

Resolution of the [City/County] of _________.

WHEREAS, Coronavirus Disease 2019 (COVID-19) is a novel severe acute respiratory illness that is spread among people through respiratory transmissions;

WHEREAS, on January 30, 2020, the World Health Organization (WHO) declared COVID-19 a Public Health Emergency of International Concern;

WHEREAS, on January 31, 2020, the U.S. Secretary of Health and Human Services declared a public health emergency; 

WHEREAS, on March 11, 2020, the WHO characterized the COVID-19 outbreak as a pandemic;

WHEREAS, as of [insert date], approximately [insert number] people have been infected with COVID-19 worldwide, and there have been approximately [insert number] deaths attributable to COVID-19;

WHEREAS, as of [insert date] approximately [insert number] people have been infected with COVID-19 in the U.S., and there have been approximately [insert number] deaths attributable to COVID-19;

WHEREAS, a vaccine or treatment is not currently available for COVID-19, and at present, there is no evidence that people who have recovered from COVID-19 and have antibodies are protected from a second infection; 

WHEREAS, despite efforts to contain COVID-19, the WHO and the federal Centers for Disease Control and Prevention (CDC) indicated that the virus was expected to continue spreading and it has, in fact, continued to spread rapidly, resulting in the need for federal, state, and local  governments to take significant steps to protect their populations;

WHEREAS, throughout the U.S., people and communities are experiencing extreme hardships caused by the unprecedented health and economic impacts of COVID-19;

WHEREAS, as of [insert date], the unemployment rate in the U.S. is approximately [insert number] percent, and approximately [insert number] people have filed unemployment claims over the prior [insert number] months;

WHEREAS, as of [insert date], the unemployment rate in [City/County] is approximately [insert number] percent, and approximately [insert number] people have filed unemployment claims over the prior [insert number] months;

‘Whereas’ Portion Bridging to Resolution Language

WHEREAS, policies that would otherwise be available to the [City Council/County Board] to respond to the pandemic are reserved to the state, outright preempted, and/or potentially preempted, thereby constraining the ability of local jurisdictions to provide their residents with [safe, stable, and affordable housing; necessary COVID-19 protections in the workplace; paid sick leave; a livable minimum wage; and broadband access].

NOW, THEREFORE, BE IT RESOLVED, by the [City Council/County Board] of [City/County] that the above recitations are true and correct.

BE IT FURTHER RESOLVED that the [City Council/County Board] of [City/County] hereby calls for the following actions:

Closing Language for Resolution

BE IT FURTHER RESOLVED that the [City/County] [Manager/Executive] is hereby authorized to expend up to and including __________ Dollars ($______) to accomplish the intent and purpose of this Resolution.

DULY ADOPTED this ___ day of __________, 2020. 

OPTIONAL ‘Whereas’ clauses:

WHEREAS, the declarations of the Governor and of the [City Council/County Board] call for [insert statement on eviction moratoria and other policies, if applicable];

WHEREAS, the eviction moratoria [insert other policies, if applicable] are set to expire [/expired] on [insert date];

WHEREAS, the eviction moratoria do not relieve tenants from continuing to pay rent;

WHEREAS, in [City/County], approximately [insert number] are unhoused and approximately [insert number] are rent burdened—defined as having to spend more than 30 percent of their household income on rent; 

WHEREAS, longstanding systemic discrimination in housing policies has resulted in severe inequities between Black people and their non-Hispanic white counterparts; 1 

 WHEREAS, compared to their non-Hispanic white counterparts, Black renters are significantly more burdened by housing costs; 2

WHEREAS, compared to their non-Hispanic white counterparts, Black households are disproportionately affected by substandard housing conditions, such as pest infestation, lead paint, faulty plumbing, and overcrowding; 3

WHEREAS, emerging data show that COVID-19 morbidity and mortality rates are significantly higher for people of color and especially for Black people; 4

OPTIONAL RESOLUTION LANGUAGE:

1. For the State Legislature to adopt legislation halting evictions during any state- or locally declared emergency, and for a period of 90 days following such declaration;

2. For the Governor, through the governor’s delegated emergency powers, to suspend for the duration of the declared emergency all state laws (and any past Executive Orders) preempting local governments from adopting eviction moratoria, rent regulation, and other policies designed to ensure safe, stable, and affordable housing; 

3. For the State Legislature to repeal all state laws preempting eviction moratoria, rent regulation, and other policies designed to ensure safe, stable, and affordable housing;

4. For the State Legislature to repeal all state laws preempting local governments from adopting revenue-generating policies designed to ensure safe, stable, and affordable housing; and

5. For the State Legislature to establish a hardship fund—while allowing local governments to establish the same—to assist with rental payments for all tenants, regardless of immigration status, for the duration of the declared emergency, and for a period of 90 days following any such declaration.

OPTIONAL ‘Whereas’ clauses:

WHEREAS, protecting the health and safety of residents and workers in [City/County] is among the most important functions of local government; 

 WHEREAS, the federal government has not issued clear, mandatory worker protection standards for workers at risk of contracting COVID-19; 

WHEREAS, the federal Occupational Safety and Health Administration (OSHA) has not preempted state and local governments from adopting mandatory COVID-19 protections for workers; 5 

WHEREAS, it is critical that [City/County] residents who become sick are able to be treated by medical professionals, including when a hospital bed, emergency room bed, or ventilator is needed; 

WHEREAS, it is also critical that the [City/County] health care and first responder workforce has adequate personal protective equipment (PPE) to safely treat patients, respond to public health disasters, and prevent the spread of communicable diseases; 

WHEREAS, the CDC currently recommends that all U.S. residents take precautions to contain the spread of COVID-19, including that they: (1) stay home as much as possible; (2) if they must leave their home, practice social distancing by maintaining six feet of distance from others and avoiding all gatherings; (3) wear cloth face coverings in public settings where other social distancing measures are difficult to maintain; (4) be alert for symptoms such as fever, cough, or shortness of breath, and take their temperature if symptoms develop; and (5) exercise appropriate hygiene, including proper hand-washing; 

WHEREAS, studies suggest that asymptomatic individuals, meaning that individuals can pass the virus to others without knowing, may play a significant role in the spread of COVID-19; 6

WHEREAS, for the preservation of public health and safety throughout [City/County], and to ensure that our healthcare delivery system is capable of serving those who are sick, [City Council/County Board] find it necessary to take measures consistent with public health guidance to protect workers and public health in [City/County], to slow and stop the spread of COVID-19, to prevent shortages of hospital beds, ICU beds, ventilators, and PPE, and to increase COVID-19 testing capacity;

OPTIONAL RESOLUTION LANGUAGE:

1. For the State Legislature to adopt legislation to protect workers from the threat of COVID-19 transmission in the workplace;

2. For the Governor, through the governor’s delegated emergency powers, to suspend for the duration of the declared emergency all state laws (and any past Executive Orders) preempting local governments from adopting local worker health and safety policies to protect workers from the threat of COVID-19 transmission in the workplace; 

3. For the Governor, through the governor’s delegated emergency powers, to issue a mandatory order requiring employers to implement practices to protect workers from the threat of COVID-19 transmission in the workplace; and

4. For the State Legislature to repeal all state laws preempting local worker health and safety policies to protect workers from the threat of COVID-19 transmission in the workplace.

Optional ‘Whereas’ Clauses

WHEREAS, all workers in [City/County] should be able to address their own health and safety needs and the health and safety needs of their families; 

WHEREAS, paid sick leave has broad public health benefits for entire communities, and it is estimated that the lack of paid sick leave was responsible for 5 million incidents of flu-like illness during the H1N1 pandemic;  

WHEREAS, lack of paid sick leave makes workers more likely to go to work while sick and puts our communities at risk, and access to paid sick leave reduces presenteeism (employees showing up to work while sick) and reduces overall contagion; 

WHEREAS, low-wage workers and workers of color are disproportionately affected by lack of paid sick leave, and workers with high levels of public contact, including those working in child care and the restaurant and service industry, are among the least likely to have access to paid sick days, suggesting major implications for public health; 

WHEREAS, enabling workers to seek early and routine medical care for themselves and their family members helps to diminish public and private health care costs and promote preventive health services in [City/County];  

WHEREAS, [City/County] wishes to protect the public’s health by reducing the risk of contagion, including during a public health emergency, and to ensure that workers in [City/County] and their families can follow the orders and recommendations of public health officials or health care providers during an emergency that threatens their health and the health of others in their community; 

WHEREAS, greater access to paid sick days during the current COVID-19 public health emergency and as our economy reopens will reduce the likelihood that infected employees will report to work, and will therefore decrease the spread of COVID-19 through interactions with fellow employees or members of the public; 

WHEREAS, requiring employers to provide employees with a minimum level of paid sick time, including time to care for family members, promotes the economic security and stability of workers and their families;  

WHEREAS, a paid sick leave policy can protect employees from losing their jobs or facing workplace discipline when asking to take time off work in order to take care of themselves or their families;

WHEREAS, a paid sick leave policy can assist victims of domestic violence and their family members by providing them job-protected time away from work to receive treatment and to take necessary steps to ensure their safety;

Optional Resolution Language

1. For the State Legislature to adopt legislation to guarantee workers minimum paid sick leave rights, including protections that apply during a public health emergency;

2. For the Governor, through the governor’s delegated emergency powers, to suspend for the duration of the declared emergency all state laws (and any past Executive Orders) preempting local governments from adopting local paid sick leave policies; 

3. For the Governor, through the governor’s delegated emergency powers, to issue a mandatory order requiring employers to implement paid sick leave protections for their employees to help address the public health emergency; and

4. For the State Legislature to repeal all state laws preempting local paid sick leave policies.

Optional ‘Whereas’ Clauses

WHEREAS, inequality, low wages, and a high cost of living in [City/County] relative to other parts of the state are serious economic and social problems facing [City/County];  

WHEREAS, residents of [City/County] work long hours but cannot afford housing, food, medical care, and other basic necessities;  

WHEREAS, when workers earn decent wages, such wages can also boost the growth of the local economy; 7 

WHEREAS, a [City/County] worker earning [state and/or federal minimum wage] per hour in a full-time job cannot make ends meet on wages alone; 8 

WHEREAS, the COVID-19 pandemic has exposed how essential workers necessary to keep services operating—such as grocery stores, health care facilities, and sanitation services—face increased exposure to COVID-19 while being overworked and underpaid with little to no job security; 

WHEREAS, increasing the minimum wage at the local level would help establish a minimum wage that reflects the cost of living for residents of [City/County]; 

WHEREAS, increasing the minimum wage promotes the health, safety, and welfare of those who work in [City/County]; 

Optional Resolution Language

1. [For states where the state minimum wage remains a poverty-level wage or where the state lacks a state minimum wage: For the State Legislature to adopt legislation to guarantee workers a livable minimum wage, including protections that apply during a public health emergency];

2. For the Governor, through the governor’s delegated emergency powers, to suspend for the duration of the declared emergency all state laws (and any past Executive Orders) preempting local governments from adopting local minimum wage policies, including any laws that limit a local government’s ability to set a livable wage for businesses contracting with the local government; 

3. For the Governor, through the governor’s delegated emergency powers, to issue a mandatory order requiring employers to pay premiums to essential non-salaried workers during the COVID-19 pandemic; 9 and

4. For the State Legislature to repeal all state laws preempting local minimum wage policies.

Optional ‘Whereas’ Clauses

WHEREAS, COVID-19 has led to the shutdown of schools, workplaces, churches, and other critical places in [City/County];

WHEREAS, while some states may reopen under varying conditions at different times, the CDC continues to recommend that all U.S. residents take precautions to contain the spread of COVID-19, including that they: (1) stay home as much as possible; (2) if they must leave their home, practice social distancing by maintaining six feet of distance from others and avoiding all gatherings; (3) wear cloth face coverings in public settings where other social distancing measures are difficult to maintain; (4) be alert for symptoms such as fever, cough, or shortness of breath, and take their temperature if symptoms develop; and (5) exercise appropriate hygiene, including proper hand-washing; 

WHEREAS, affordable and reliable internet access is essential for students, businesses, families, and other residents of [City/County]; 10

WHEREAS, before the COVID-19 pandemic, a “digital divide” existed between those who have access to broadband internet and those who do not, 11 and the high costs and consequences of that gap have become increasingly apparent during the COVID-19 crisis; 

WHEREAS, the “digital divide” has exacerbated differences between urban and rural communities, the rich and poor, and people of color and non-Hispanic whites; 

WHEREAS, the FCC estimates the number of individuals nationwide who cannot access broadband at any price to be approximately 20 million and other estimates place that number at approximately 40 million, 12 with 15 percent of households with school-age children having no home internet access; 13 

WHEREAS, the Pew Research Center continues to find that stark disparities in internet access persist along racial and class lines; for example, two times as many Black teens as white teens are unable to complete homework assignments because they do not have  a reliable device or connection through which to do homework; 14

 WHEREAS, even prior to the COVID-19 pandemic, the U.S. was failing to achieve communications policy goals set out in the Communications Act to: “make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nationwide, and world-wide wire and radio communication service with adequate facilities at reasonable charges …”

WHEREAS, federal and state programs to expand internet access have overwhelmingly focused on rural regions, exacerbating racial inequity as detailed in a recent report from the National Digital Inclusion Alliance; 15

WHEREAS, as businesses and schools seek to comply with the CDC’s guidelines regarding social distancing by allowing workers to work from home and students to attend school remotely; 

WHEREAS, governors, legislators, and regulators are increasingly encouraging changes to health care to encourage remote telehealth approaches that assume in-home high-quality internet access for all residents; 16

 WHEREAS, [insert number] of residents in [City/County] lack broadband access that they can afford, including [insert percent] of students;  

WHEREAS, even individuals who can afford broadband internet access often have no choice in providers and feel taken advantage of; 17

WHEREAS, state law limits [City/County] from establishing and/or expanding internet service; 

WHEREAS, [City/County] must do everything possible to ensure that every resident has access to affordable broadband during and after the COVID-19 crisis;

WHEREAS, addressing these challenges will require investment from [City/County] as well as state, federal, and philanthropic sources; and,

Optional Resolution Language

1. For the State Legislature to adopt legislation, including allocation of funding, to expand broadband access in both urban and rural areas, paying particular attention to removing the racial divide in internet access and adoption;

2. For the Governor, through the governor’s delegated emergency powers, to suspend for the duration of the declared emergency all state laws (and any past Executive Orders) preempting local governments from adopting local policies to increase access to broadband; 

3. For the Governor, through the governor’s delegated emergency powers, to issue a mandatory order requiring internet service providers to share the location of Wi-Fi access points, address-level data about where and at what speeds internet access is available, and pricing information, which is already legally required to be publicly posted; and

4. For the State Legislature to repeal all state laws preempting or limiting local efforts to expand broadband access.