Emergency declaration still in effect

More than 120 days has passed since City Manager Bill Burrough put the city’s coronavirus emergency declaration in writing, making the continuation of the declaration contingent on Hot Springs Board of Directors approval.

Last month the city said it was discussing if board approval subsequent to the ordinance it adopted March 17 in support of Burrough’s declaration was needed to extend the declaration. Late last week and earlier this week the city said the March 17 ordinance authorized the declaration to run beyond 120 days.

“With the board’s adoption of that ordinance, which was on the same day of the emergency declaration, it stays in effect until they terminate it,” City Attorney Brian Albright said Monday.

The Arkansas Emergency Services Act empowers city and county chief executives to suspend parts of their local codes and regulations during a declared emergency for up to 30 days. Albright and Burrough said that authority has lapsed and hasn’t been renewed.

Burrough has used sparingly the expanded authority the March 17 ordinance granted him, exercising it only to approve land use requests while the planning commission wasn’t meeting. The commission resumed its regular meeting schedule last month.

The ordinance temporarily raised the spending threshold for board approval from $60,000 to $1 million, but Burrough hasn’t exercised his expanded spending authority. It was conferred with the understanding he may have to unilaterally approve contracts of more than $60,000 if the board were unable to convene during the pandemic.

But the board’s adoption of an ordinance allowing city directors to vote remotely has allowed it to keep its regular meeting schedule. Several directors have maintained a virtual presence at agenda and business meetings during the pandemic, as their physical presence is no longer a prerequisite to voting on agenda items.

“Fortunately, when we amended our definition of ‘present,’ we have the ability to conduct meetings,” Albright said.

Burrough said federal and state reimbursements for expenses associated with the city’s response to the pandemic may be contingent on the declaration remaining in effect.

The Garland County Quorum Court extended County Judge Darryl Mahoney’s March 16 emergency declaration during a special-called meeting June 29. The county court order giving effect to the quorum court’s extension was signed July 10. County courts are the means through which county judges issue executive orders. They are also the forum for appeals of property tax assessments and annexation requests.

The extension the quorum court granted last month will remain in effect as long as the public health emergency the governor declared in March is active. He extended the emergency for 45 days June 18.

The county declaration qualifies it for a 75% reimbursement from the Federal Emergency Management Agency’s Disaster Relief Fund for expenses related to emergency protective measures taken in response to the pandemic. It’s also been the basis for more than a dozen ordinances, county court orders and travel directives for county employees.