The League is actively monitoring the Coronavirus (COVID-19) situation and is working with other agencies to provide our member cities with timely, accurate and important information as it becomes available. This page is a resource for city officials, and will be updated on a regular basis. This is meant to be a resource page with trusted information for cities in Kansas when managing municipal resources during the COVID-19 (coronavirus) outbreak. 

The Latest News: 

KDHE released its vaccination plan for the state. The plan can be viewed online.

The state, along with several partner associations, are working to collaborate on a Stop the Spread Kansas information campaign. We encourage cities and members to share the Stop the Spread campaign tools available on their website, www.StoptheSpreadKansas.org. 

Reopening Kansas Resources: 

The re-opening plan for Kansas, Ad Astra, has been changed to a framework or guidelines for local governments to make decisions about their reopening plans. The reopening plans are now handled at the county level for each community. 

State of Kansas Resources:

• Executive Orders by Governor
• Kansas Department of Health and Environment COVID-19 Web Resources
• Kansas Department of Administration website (workplace guidance)
• Kansas Department of Commerce COVID-19 Resources
• Kansas Department of Labor Resources
• Kansas Department of Aging & Disability Services COVID-19
• Kansas Department of Agriculture COVID-19 Resources
  

National Resources: 

• Treasury Department FAQ Document on CARES Act for Local Governments (5/28/2020)
• CDC COVID-19 Resource Page
• CDC Guidance on Preventing COVID-19 Spread in Communities
• FEMA COVID-19 Response Page & Rumor Control Center | Spanish 
  
• EPA Listing of Antimicrobial Products
• National League of Cities Safely Reopening Toolkit 
• ICMA Blog on Considerations for Reopening Communities 

Personnel Guidance: 

• Telework arrangements have expanded in response to the coronavirus pandemic. The U.S. Department of Labor issued guidance to clarify an employer’s obligation to track teleworkers’ compensable hours. Read DOL News Release and Field Assistance Bulletin.  (8/27/2020)
• Federal Executive Order- Payroll Deferral (8/8/2020)
• League's Guidance on Payroll Deferral (9/4/20)
• Read the League's Infectious Disease Policy 
• Read the League's Summary of the COVID-19 Family First Response Act (H.R. 6201)
• KPERS Guidance on Working After Retirement during COVID-19
• League's Summary of COVID Federal Law Q & A (Updated 4/7/2020)
• FFCRA Poster
• US Dept. of Labor FFCRA Q & A
• FFCRA Affidavit Leave Request Form
• Traditional Municipal FMLA FAQs
• League's Summary of Unemployment Benefits FAQ (4/10/2020)
• US Dept. of Labor Unemployment Guidance
• COVID-19 and the ADA and other EEO Laws (5/7/2020)
• FFCRA Emergency Responder Exclusion Example 

Declaring a Local State of Disaster Emergency:

In times of crisis, city officials may be authorized to declare a state of disaster emergency (See K.S.A. 48-929 – K.S.A. 48-932). All counties within the state are required to have disaster emergency agencies and disaster emergency plans. Likewise, certain cities, designated by the governor, are required to have their own disaster emergency agency and disaster emergency plans. To be clear, this statutory program does NOT apply to all cities. If it does apply in your city, the mayor or principal executive officers of cities designated by the governor and having disaster emergency plans developed in conjunction with the State Division of Emergency Management may declare a state of disaster emergency for seven (7) days. This state of emergency can be renewed and extended only by the governing body. Most cities will NOT fall within this statutory program.

For those cities that are not covered by the statutory program mentioned above, you will need to look to local ordinances to see what authority city officials have in the case of an emergency. K.S.A. 48-935 states that any ordinance that a city has authorizing the mayor or other persons (Ex: manager or administrator) to act during a state of emergency declared by the governor is valid so long as it does not conflict with the governor’s or county’s emergency plan. The majority of cities in the state will fall within this framework.

Even if a city does not currently have an ordinance on the books, the governing body can still act under their home rule authority to make decisions in response to a crisis or emergency. For example, the governing body can meet and take formal action to close city facilities, parks, and all other city facilities to the public. 

Current understanding from FEMA and KDEM is that it is unnecessary for a city to declare their own state of emergency in order to later be eligible for federal funds if they become available. That said, it does not hurt to make a city declaration. In researching this topic, we have heard from cities in other states that having a declaration of their own has, at times, made claims for recovery more simple. The League suggests that if your city chooses to declare your own state of emergency, you do so before or at the time the city starts incurring costs or losses associated with your response to the COVID-19 crisis. 

The League has drafted a sample resolution to illustrate how a city, acting pursuant to home rule authority, can declare an emergency. Additionally, the sample resolution provides example language for how a city can delegate certain authority to the City Manager, City Administrator, or Mayor during the emergency. Whether your city chooses to delegate authority and what authority is delegated is ultimately a policy decision to be made by the governing body; the sample delegation is meant only to serve as an example.

It is our opinion that because this is merely a temporary declaration and  temporary delegation of authority rather than a permanent change to how these policies and procedures are carried out, it can be accomplished by simple resolution rather than ordinance. If, however, your city would rather do so by ordinance, you may.

FEMA & KDEM Information: 

FEMA has released their guidance for cities/counties to apply for Public Assistance related to the COVID-19 pandemic. The Kansas Division of Emergency Management (KDEM) has staff available to help cities/counties determine if they have eligible expenses for reimbursement. You can reach the KDEM staff via e-mail. Public Assistance requests should be submitted through FEMA's grants portal. You should review the FEMA Fact Sheets for eligible expenses to see if your local government has eligible expenses: Eligible Emergency Protective Measures |  Emergency Medical Care Fact Sheet | Procurement Process Under Exigent or Emergency Circumstances 

Meeting Guidance: 

Want to see how to use Zoom to broadcast your public meeting?  Check out these quick webinars for using Zoom with either Facebook or YouTube (pick one platform to use based on what your city is already using). Make sure your YouTube account is enabled for live streaming by following these steps at least 24-48 hours before live streaming. (4/15/2020)

In times of crisis there is no provision to suspend the Kansas Open Meetings Law.  Meetings of the governing body must be open to the public; however, a meeting can still meet the requirements of KOMA without all the members of the governing body being in the same room.  If there is a legitimate public heath reason for a remote meeting, the meeting must be comprised of a majority of the governing body.  Each member must be able to interact with and hear the other members at all times AND the public must be able to have access to the meeting. For example, if the governing body was going to meeting via conference call, the public must be provided a way to call in and listen.  If the governing body was going to meet by video, there must be a way for the public to observe the video. This might involve providing an access code or even having a staff member at city hall to provide access to a TV screen showing the meeting. 

Additionally, the Attorney General has issued an Emergency Regulation K.A.R. 16-20-1 that must complied with during this emergency time. The Regulation requires that if a governing body is not meeting in person, there must be a way for the public to listen to the meeting without cost, there must be a way for members of the public without internet access to access the meeting, and directions must be provided to the public on how to access the meeting.

If a meeting is being held remotely, it is important to remember a majority of the body must be present at all times. Under the emergency regulation, each time a member of the public body, staff, or presenter speaks or votes, they must state their name and title so that they may be readily identified by remote listeners. The governing body will need to think through how to handle executive session and public comment period. If it is a conference call for instance, the governing body cannot simply hang up on the public to go to executive session. At the beginning of the meeting, the process used for executive session and public comment period should be described.

If it is necessary to limit the number of people attending the meeting, the body can comply with the requirements of KOMA by meeting in person but limiting physical access to the public provide the public is still provided access via video or phone.
Agendas must still be provided to anyone requesting a copy of the agenda prior to the meeting.

Remote meetings in times of actual crisis can be accomplished; however, the governing body and staff need to think through the practicalities of it as soon as possible.  REMOTE MEETINGS SHOULD NOT BE THE NORM AND SHOULD ONLY BE USED IN EXTRAORDINARY CIRCUMSTANCES.

Please review KAR 16-20-1 and the Attorney General’s recommended best practices online. Read the open meeting guidance from the Attorney General. (9/11/2020)

League AG KOMA rules summary. (3/30/20)

Teleconferencing & Technological Guidance: 

Many cities are searching for options for teleconference options for public meetings including governing body meetings and meetings that allow cities to still conduct business given the COVID-19 social distancing recommendations.  For any technological solution you choose, you need to provide a way for the public to access the meeting which generally would require the city provide a website (URL) to view the meeting or a phone line to dial-in and hear the proceedings. You can provide this information on your agenda and post the agenda where it is commonly accessible. Please be aware, KOMA requirements are not suspended during a crisis. The information on accessing a meeting must be included on any notice sent out pursuant to KOMA. Individual notice requirements are not suspended. The League doesn't endorse any of these providers but we have researched or used some of these platforms that may be helpful technological solutions while we are dealing with this outbreak.  

• Zoom - Zoom is a multi-tool video and web conferencing system. Many cities are using this as it appears to be easy to use with limited technological skill. Zoom has a free basic option but the Pro and Business options offer some additional services cities might find beneficial during the outbreak. They have  video tutorials online for how to use their platform and tools.
  

• GotoMeeting - GotoMeeting is another multi-tool system. According to their site, GotoMeeting is offering three months free for municipalities to use their system during the outbreak. The site says: Emergency Remote Work Kits are here to assist. Starting immediately, we will provide critical front-line service providers, including eligible healthcare providers, educational institutions, municipalities, and non-profit organizations as well as any current LogMeIn customer with free, organization-wide use of many LogMeIn products for 3 months through the availability of Emergency Remote Work Kits.

• The Conference Group - The Conference Group is another system that is probably better equipped to help a larger organization. The League uses this for conference calls but they do have systems that offer more options for video and web conferencing. 

• FreeConferenceCall.com - This site offers multi-tool options with a pay-what-you-can option. May be a good resource for those interested in only using a conference (audio) line. 

• If you want to look for a project management cloud-based software when working from home, consider these options: Trello (free), Slack ($), Airtable (free or paid options available), and Monday.com ($). Microsoft has a Teams application if you're using the Microsoft suite. Google has many cloud-based applications that can be used for project management including Drive, Sheets, Slides, etc. 
  

Public Closures and Mitigation Guidance:

• The KDHE website has guidance on their website for many types of audiences and guidance on law enforcement, detention facilities, CDC & KDHE Guidance on Mass Events, drinking water and wastewater, child care facilities, businesses and employers.

Quarantine Information: 

At the League we are receiving a lot of questions about what a county’s authority is to issue a Stay-At-Home Order and what does that mean for your city and other various stakeholders.  In this explainer, we are going to attempt to give you the quick explanation.  It is not intended to be a comprehensive look at all public health laws or address any one county’s order. Quarantine Law Summary

Operational Considerations:

• Limiting Access to City Swimming Pool (5/27/2020)
• Legal Risk Assessment Framework
• Read our summary of documentation for the CARES Act possible COVID Leave Reimbursement (4/28/2020) 
• Kansas Parks and Recreation Association COVID-19 webpage 
• How will your city ensure vendors and employees are paid? View the League's sample annual appropriation ordinance
  

Small Business & Workforce Information: 

• Small Business Administration Loans
  
• Kansas Department of Commerce COVID-19 Resources
• Kansas Department of Labor Resources