On May 6, 2020 at 7:25pm, Governor Whitmer issued Executive Order 2020-75. In general, EO 2020-75 repeals and replaces Executive Order 2020-48 and permits public bodies to continue to meet electronically until June 30, 2020.
On May 7, 2020 at 3:00pm, Governor Whitmer issued Executive Order 2020-77 (the “EO”). Unless otherwise specified, the EO is effective immediately and continues until May 28, 2020. Broadly, the EO extends the duration of the stay-at-home order previously extended under Executive Order 2020-70, but with some limited amendments. The most notable amendment being that, starting May 11, 2020 and subject to workplace safeguards, workers necessary to perform certain manufacturing activities may resume in person work.
Generally, the EO continues the restrictions imposed on municipalities by previous versions of the stay-at-home order. Those restrictions include the following:
- Public meetings should still be held electronically.
- To the extent possible, all municipal employees should still work from home.
- In-person work by municipal employees is permitted when such work is necessary to sustain or protect life, to support those operations necessary to sustain or protect life, to maintain the value of inventory and equipment, care for animals, ensure security, process transactions (including payroll and employee benefits), and facilitate the ability of other workers to work remotely.
- In-person work by municipal employees is permitted to perform necessary government activities including, but not limited to, public transit, trash pickup and disposal (including recycling and composting), activities necessary to manage and oversee elections, operations necessary to enable transactions that support the work of a business’s or operation’s critical infrastructure workers, and the maintenance of safe and sanitary public parks.
- In-person work by municipal employees is permitted when it is necessary to support allowed resumed activities (e.g. certain construction, manufacturing, etc.)
Additionally, on May 7, 2020, Governor Whitmer released her six phase MI Safe Start: A Plan to Re-engage Michigan’s Economy.