Whitmer tightens social, entertainment restrictions as caseloads climb

Gov. Gretchen Whitmer tightened restrictions on social and entertainment activity in Northern Michigan today in response to rising caseloads of COVID-19 in Michigan.

Beginning July 31, Executive Orders 160 and 161 direct that:

Bars that rely on alcohol sales for 70 percent or more of revenue are closed to indoor service.

Indoor gatherings are limited to no more than 10 people (in Regions 6 & 8, the limits are 25% of max capacity or 250 people, whichever is smaller).

These changes apply statewide, including to Regions 6 and 8 (the Upper Peninsula and 17 counties in the Northern Lower Peninsula), which have been operating with fewer restrictions for several weeks. The changes bring those regions into alignment with rules imposed on other regions in the southern parts of Michigan.

The executive orders consolidate and update a variety of existing executive orders, and it does expand activities in one area: the three casinos in the city of Detroit can reopen, but only to 15 percent of capacity.

Below is a summary of current executive orders on key county functions

Open Meeting Act

• Virtual sessions allowed (EO 154)
• Indoor gatherings limited to 10 people (EO 160, except for Regions 6 & 8)
• In Regions 6 & 8, 25% of max capacity or 250 people, whichever is smaller

Freedom of Information Act

• Normal operations resumed in June (EO 112)

Courts

• Normal filing deadlines resumed in June

Nonessential workers

• Any work capable of being performed remotely must be performed remotely; however, office work may be performed provided work done in conformance with COVID-19 protections provided in EO 161 

DHHS: Opioid overdoses surge during COVID-19 pandemic

“Emergency Medical Services (EMS) and emergency departments (EDs) in Michigan have both seen substantial increases in opioid overdoses since the beginning of the COVID-19 epidemic,” the Michigan Department of Health and Human Services said in a release this week.

According to statistics gathered by MDHHS, EMS responses for opioid overdose increased by 33 percent from April to May of this year. Additionally, EMS responses for opioid overdoses from April through June 2020 were 26 percent higher than the same period in 2019. EMS responses for opioid overdoses increased for all regions and nearly all demographic groups.

The data provides other insights on how the pandemic has impacted the opioid crisis, DHHS noted. Patients were more likely to refuse transport to EDs in April to June compared to the same period in 2019. The percentage of opioid overdose EMS responses that resulted in the patient declining transport to EDs nearly doubled from 7.7 percent April to June 2019 to 14.3 percent April to June 2020.

After an initial drop in April, ED visits for opioid overdoses increased in May and June to pre-pandemic levels despite EDs seeing fewer visits overall in Michigan during the pandemic. The total number of ED visits April to June 2020 declined 38 percent compared with April to June 2019, while the number of opioid overdose ED visits increased by 2 percent. It is too early to determine if opioid overdose deaths have increased following the onset of the pandemic due to the length of time required to finalize death certificates.

Also this week, Judge Patricia Perez Fresard of the Wayne County Circuit Court heard arguments from the defendants’ motion to dismiss the state’s claims against drug distributors, including Cardinal Health Inc., McKesson Corp., AmerisourceBergen Drug Corp. and Walgreens. 

“Among other defenses raised, defendants denied having a duty to prevent illegal diversion of opioids, and further claims d they are insulated from liability under Michigan’s Product Liability Act.  Contrary to defendants claims, the State argued that defendants do have the duty and responsibility to ensure that these highly addictive medications are not diverted into illegal distribution and further that the Product Liability Act, which provides a defense to a defective product claim when a drug is FDA approved, does not protect defendants from responsibility for their illegal distribution and exacerbation of the opioids epidemic.”

For more information about overdoses and resources for prevention and treatment, visit Michigan.gov/Opioids.

 

One week left to register for the 2020 Virtual Annual Conference

Legendary Michigan State University coach Tom Izzo will address attendees of the 2020 Virtual Annual Conference LIVE on Aug. 20 at 11 a.m.. After his remarks on leadership and team building, the national championship coach will take questions.

 

The live chat will be one of the highlights of the 2020 MAC Virtual Annual Conference, which will include events on days between Aug. 18 and Aug. 27.

 

Other highlights include:

• Plenary sessions that will feature MAC’s Legislative Update, the semi-annual “State of MAC” report and an address by MAC Board President Veronica Klinefelt
• The Annual Business Meeting, during which members will vote on MAC’s policy platforms for the 2020-21 year
• Seven policy workshops that will focus heavily on the implications of COVID-19 for counties in the coming months
• A Virtual Exhibitor Show that will allow attendees to select up to five firms from which to hear 10-minute presentations

The unique nature of this event also brings changes to registration procedures:

• The conference registration fee is only $50 for members, which includes all county officials
• Attendees must register by a new deadline prior to the event – Aug. 7
• MAC will not accept “walk-up” registrations during the conference (this is due to credentialing and election procedures adopted for the conference)

Start your registration with our Attendee Packet.

 

Treasury sets Aug. 18 webinar on pension, OPEB planning

On Aug. 18, the Michigan Department of Treasury will host a webinar event to assist local governments in the management and sustainability of their pension and retiree health care (OPEB) systems. This webinar, which will run from 2 p.m. to 3:15 p.m., provides additional resources in response to ever-changing economic conditions.

Topics will include updates from the Municipal Employees Retirement System (MERS) and the Michigan Association of Public Employees Retirement Systems (MAPERS) on local pension and health care systems, problem solving and management of legacy debt from MSU Extension, University of Michigan, and the Citizens Research Council, and an update regarding reporting data, waiver applications, and the corrective action process for Public Act 202 of 2017 from the Department of Treasury.

Participants can register on the webinar’s registration page. Questions may be submitted during registration or sent to LocalRetirementReporting@michigan.gov by Friday, Aug. 14.

The event will be hosted using Microsoft Teams Live. A link to the webinar will be provided upon registration. Upon registration, instructions on how to use Microsoft Teams will also be provided. A recorded copy of this webinar and the PowerPoint will be made available after the webinar is completed on www.Michigan.gov/CEFD.

Additionally, the Michigan Department of Treasury has developed a webpage with numbered letters, memorandums, webinars, and resources regarding COVID-19 updates for local governments and school districts. This webpage was created to ensure that Michigan communities have access to the most up-to-date guidance and is updated frequently with information and resources as they become available. 

 

Staff picks

• Opioid abuse surges in Michigan amid misery of coronavirus (Bridge Magazine)
• In Michigan, closing the digital divide can unite the red and the blue (Brookings Institution)
  
  
• Legislative Watch: Homelessness in the COVID era (Governing Magazine)

• Lockdowns could be the ‘biggest conservation action’ in a century (The Atlantic Magazine)

FY20 budget deal uses federal COVID aid to compensate counties for revenue sharing cuts

Legislative leaders and the Governor’s Office reached final agreement this week on a plan to balance the current FY20 state budget by making large cuts to state spending and backfilling them with federal COVID aid dollars.

Of note for counties is a $97 million cut in revenue sharing from the state, backfilled with $150 million in federal aid that has some restrictions.

So, the August revenue sharing payment will not go out as a revenue sharing payment. Instead, the state will be sending out payments to local governments out of a new $150 million pot of CARES funding. The amount that will be sent to each unit eligible for the August revenue sharing payment will be based on their proportion of the total pot of the $97 million that was cut.

If your county, for example, was getting 2 percent of the $97 million, you will get 2 percent of the $150 million.

MAC has confirmed that this will be a disbursement, but it is assumed at this point that counties will have to issue a report back to the State certifying that the funds were allocated to COVID-19-related expenses. Eligible allocations would include non-reimbursed public health and public safety payroll expenditures, personal protection equipment and facility modifications.

In addition to the revenue sharing changes, the budget bill has also extended the July 17 deadline to apply for the payroll reimbursement program. The deadline to apply for that now will be one week from the time this supplemental budget is enacted. This was done to accommodate those entities that were not originally eligible to apply for the funds, included public safety authorities and district health departments. 

For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.

Izzo added to 2020 Virtual Annual Conference line-up

A special address from legendary Michigan State University coach Tom Izzo will be one of the highlights of the 2020 MAC Virtual Annual Conference, which will include events on days between Aug. 18 and Aug. 27.

Izzo will address the President’s Gathering scheduled for Aug. 20 during the virtual event, which replaces MAC’s traditional summer conference shelved due to the public health circumstances imposed by the coronavirus.

Highlights of the event include:

• Izzo’s remarks on Aug. 20, starting at 11 a.m.
• Plenary sessions that will feature MAC’s Legislative Update, the semi-annual “State of MAC” report and an address by MAC Board President Veronica Klinefelt
• The Annual Business Meeting, during which members will vote on MAC’s policy platforms for the 2020-21 year
• Seven policy workshops that will focus heavily on the implications of COVID-19 for counties in the coming months
• A Virtual Exhibitor Show that will allow attendees to select up to five firms from which to hear 10-minute presentations

The unique nature of this event also brings changes to registration procedures:

• The conference registration fee is only $50 for members, which includes all county officials
• Attendees must register by a new deadline prior to the event – Aug. 7
• MAC will not accept “walk-up” registrations during the conference (this is due to credentialing and election procedures adopted for the conference)

Start your registration with our Attendee Packet.

For questions, send an email to conference@micounties.org.

Treasury webinar details deadlines, guidance on COVID funds      

Counties confront a July 17 deadline to apply for reimbursements for public safety and public health payroll and benefit expenses for the employees substantially dedicated to responding or mitigating COVID-19 for the months of April and May 2020, Treasury officials told attendees of a webinar on Thursday.

The Michigan Department of Treasury presented information on the application process for counties and other local governments to receive funds appropriated through Senate Bill 690 from the $3 billion Michigan received in federal CARES Act funds. For those that were unable to watch the hour-long webinar, you can view the recording here.

The department also covered the water utility assistance program, the first responder hazard pay program and the $200 million for reimbursement of public safety and public health payroll and benefit costs for April 2020 through July 31, 2020. 

In response to a MAC question, Treasury said facility staff that have been deployed for cleaning, sanitizing or modifying work spaces to protect against the spread of the virus would be considered eligible as part of protecting public health and safety. If not all of the $200 million dedicated for this reimbursement is utilized in the first round of applications due on July 31, then a second round will be announced in August.  Round 2 will cover the April and May expenses not already reimbursed and any of the same expenses incurred during the months of June and July. These funds will be prorated based on the percentage of the total filed claims, so it may not reimburse 100 percent of the expenses submitted. Distribution of the funds for the first round is anticipated to go out by Sept. 18, 2020, and the second round by Nov. 7, 2020. 

As for the $100 million allocated for a $1,000 per first responder hazard pay program, Treasury said the application period is now through Sept. 30, 2020, but is on a first come, first served basis.

Although MAC read the boilerplate language in Senate Bill 690 to indicate that the funds were either payments ahead of expenditure or reimbursement for those that had the funds to give, the department has not made that clear at this point. It was indicted during the webinar that the payments must be made to the first responders by Sept. 30, 2020. However, the checks from the State to the county would go out no later than Nov. 14, 2020. This would not indicate a pre-payment program. A commitment was made by the presenters to look more into this process. Please remember, these funds are first come, first served, so get your applications moving.

MAC will be hosting a webinar its own webinar at 11 a.m. on Monday, July 13 to discuss these issues in more detail. Click here to register.

For more information on this issue, contact Deena Bosworth at bosworth@micounties.org.

Expungement bill moves out of Senate committee

A House bill that that would automatically set aside certain felony and misdemeanor convictions moved out of the Senate Judiciary Committee this week. The committee, however, did add language to create a specified fund to cover, upon appropriations, costs for implementation, systems upgrades and staffing needs. MAC has requested clarification language to be included to ensure that any cost at the local level are also eligible under the fund.

Still, MAC testified against House Bill 4980, by Rep. Eric Leutheiser (R-Branch), as a large concern outlined in written comments provided on June 11 has not yet be resolved: The legislation requires the Michigan State Police (MSP) database to set aside eligible convictions. However, there is no notification requirement on MSP to send that information to the local clerk and courts. Therefore, MAC is concerned some records may be public at the local level, while MSP has sealed the records. This inconsistency is contrary to the goal of the legislation and causes liability concerns for counties.

Also in committee, Sen. Tom Barrett (R-Eaton) offered language that allows a court to reinstate a conviction that was set aside, if a court has determined the individual has not made a good-faith effort to pay restitution.

The bill waits action on the Senate floor. The Senate has adjourned until late July.

For more information on this issue, contact Meghann Keit at Keit@micounties.org.