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8.5. SR 05-18-2020
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8.5. SR 05-18-2020
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5/19/2020 8:29:45 AM
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<br /> <br />City Resolutions Supporting Local Businesses <br />Create Questions and Unknown Risks <br />Published: May 14, 2020 <br />Even with the lifting of Gov. Tim Walz’s stay-at-home order, the continuing restrictions on certain businesses <br />— and the varying impacts on communities across the state — are placing many city officials under pressure to <br />express formal support for businesses that don’t comply with the restrictions, most commonly in the form of a <br />council resolution. <br />City resolutions and other affirmative actions taken by local governments in a pandemic are without precedent <br />in modern times. The consequences of non-enforcement of COVID-19 emergency executive orders are <br />unknown and untested. <br />Limit your city’s exposure <br />For these reasons, the League urges cities to exercise restraint against adoption of resolutions or other actions <br />that may expose the city and its officials to civil and/or criminal liability. We also urge cities to consult with <br />their own attorney before taking any official action. Interpretation of current law to particular circumstances and <br />with respect to particular language in a resolution should be left to the city attorney, who is in the best position <br />to weigh all factors. <br />Finally, we encourage cities to reach out to their state and federal elected officials and provide information and <br />examples of the specific negative impacts happening in their communities now — and expected to happen in <br />the future — due to COVID-19 rules, guidelines, and restrictions. <br />Additional considerations <br />Here are some additional points city officials may want to evaluate and discuss with their legal counsel when <br />considering formal resolutions and other actions: <br />• A city does not have authority to change a state law or be less restrictive than state law, unless the law <br />specifically allows for it. Local units of government, including cities and their officers, have only those <br />powers that are granted by the Legislature either expressly or by reasonable implication. Any action <br />passed by a city council should be evaluated within this scope of authority principle. <br />• A city will want to consider all implications, including potential liability for damages and civil penalties, <br />for decisions made regarding non-enforcement of executive orders. Since such actions are without <br />precedent and thus legally untested, cities may be assuming potential liability for unknown and <br />completely novel legal claims and other risks. In addition, whether these risks can be successfully <br />tendered to the League of Minnesota Cities Insurance Trust (LMCIT) for claims coverage is also
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