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File #: 200014    Version:
Type: Resolution-Immediate Adoption Status: Passed
File created: 4/21/2020 In control: COMMON COUNCIL
On agenda: Final action: 4/21/2020
Effective date:    
Title: Substitute resolution authorizing the Office of the City Attorney to participate in litigation necessary to protect the authority of the Commissioner of the City of Milwaukee's Health Department to continue emergency public health orders, notwithstanding actions that may be taken by the State of Wisconsin.
Sponsors: ALD. LEWIS
Indexes: HEALTH DEPARTMENT, PUBLIC HEALTH

IMMEDIATE ADOPTION

 

Number

200014

 

Version

SUBSTITUTE 1

 

Reference

 

Sponsor

ALD. LEWIS

 

Title

Substitute resolution authorizing the Office of the City Attorney to participate in litigation necessary to protect the authority of the Commissioner of the City of Milwaukee's Health Department to continue emergency public health orders, notwithstanding actions that may be taken by the State of Wisconsin.

 

Analysis

Under the direction of Governor Tony Evers, Ms. Andrea Palm, secretary-designee for the State of Wisconsin Department of Health Services, issued Emergency Order #112, the so-called "Safer at Home" order intended to respond to the COVID-19 pandemic.  This order, issued March 24, 2020, is to expire April 24, 2020.  On April 16, 2020, Ms. Palm extended this order until May 24, 2020.  There is the prospect that this extension will be the subject of litigation.  This resolution authorizes the Office of the CIty Attorney to participate in litigation necessary to protect the authority of the Commissioner of the CIty of Milwaukee's Health Department to continue emergency public health orders, notwithstanding actions that may be taken by the State of Wisconsin.

 

Body

Whereas, Under the direction of Governor Tony Evers, Ms. Andrea Palm, secretary-designee for the State of Wisconsin Department of Health Services, issued Emergency Order #112, the so-called "Safer at Home" order intended to respond to the COVID-19 pandemic; and

 

Whereas, This order, issued March 24, 2020, is to expire April 24, 2020; and

 

Whereas, On April 16, 2020, Ms. Palm extended the "Safer at Home" order until May 24, 2020; and

 

Whereas, There is the prospect that this extension will be the subject of litigation; now, therefore, be it

 

Resolved, By the Common Council of the CIty of Milwaukee that the Office of the City Attorney is authorized to participate in litigation necessary to protect the authority of the Commissioner of the City of Milwaukee's Health Department to continue emergency public health orders, notwithstanding actions that may be taken by the State of Wisconsin.

 

Drafter

James R. Owczarski

April 20, 2020