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1. Who is responsible for managing public health emergencies in municipalities?

Municipal governments, through the local boards of health, are granted broad authority to manage public health emergencies and are given an array of tools to curtail the spread of communicable disease.    

By statute (N.J.S.A. 26:3-1), every municipality in New Jersey is required to provide a program of public health services meeting standards of performance as determined by the Commissioner of Health and Senior Services.  These standards are defined by the Department in the Public health Practice Standards of Performance for Local Boards of Health in New Jersey (N.J.A.C. 8:52).  A municipality may meet this requirement by:

• Maintaining a municipal health department;
• Contracting with the health department of another municipality;
• Participating in a regional health commission; or
• Contracting with, or agreeing to come under the jurisdiction of, a county health department.

Most of New Jersey’s municipalities participate in some sort of shared agreement to meet their statutory requirement of providing a local board of health. Very few municipalities have their own board of health.  So, while New Jersey consists of 565 municipalities, there are far fewer local health departments. 

It is through the local boards of health, whatever form they may be, that municipal officials will address public health emergencies such as communicable diseases and epidemics.  

2. What tools are available to respond to a public health emergency?

Visit the State of New Jersey’s COVID-19 Information Hub at www.covid19.nj.gov.

3. How do I get questions answered about coronavirus?

Visit the State of New Jersey’s COVID-19 Information Hub at www.covid19.nj.gov.

4. Can our municipality appropriate additional funds to our Local Board of Health to address this epidemic?

A municipality, when deemed necessary by its local board of health, may appropriate to the local board additional funds needed to address an epidemic. If the funds are not available, a municipality may borrow the needed money. The statutory authority for this is laid out in N.J.S.A. 26:3-44 provides that:

Whenever an epidemic of any contagious or infectious disease exists or is threatened, or any special need arises for the protection of the public health, and in the judgment of the local board of health of any municipality the expenditure of a greater sum than that already appropriated to the local board for the current year is necessary, the local board shall so certify to the body having control of the finances of the municipality. Thereupon the body having control of the finances of such municipality may appropriate such sum as the local board may certify to be necessary. If the funds at the disposal of the governing body of the municipality are not sufficient for such purpose, it may borrow the sum on the credit of the municipality. In such event the governing body shall place an amount equal to the sum borrowed with interest in the next annual tax levy, and with the money so raised shall pay the debt incurred.

5. Has any guidance been issued on continuing to comply with OPRA requests?

The Government Records Council (GRC) has issued a Special Statement (PDF) regarding P.L. 2020, c.10 and COVID-19 impacts on the Open Public Records Act (OPRA).

In addition, the Division of Local Government Services (DLGS) has also offered the following recommendations, “when responding to OPRA requests, local government records custodians document in writing any emergency-related barriers to providing the requestor with a final response within the standard OPRA response timeframe. Examples of such barriers can include building access restrictions or a delay in the availability of personnel needed to provide responsive records to the custodian or review responsive records to determine necessary redactions. As when requesting an extension of time to respond under normal circumstances, the custodian should inform the requestor in writing of the specific reasons for the delay, as well as soonest possible date after the normal statutory deadline by which the custodian reasonably expects to respond under the circumstances. To the greatest extent possible, the custodian’s initial response to the requestor should adhere to the standard timeline for an OPRA request response.”

This information should be reviewed with your municipal records custodian and municipal attorney for further guidance.

6. When is the new date for primary election day?

Governor Murphy signed Executive Order 120 moving the June primary election from June 2, 2020 to Tuesday, July 7, 2020. In addition, any election scheduled between May 13, 2020 and July 7, 2020 is postponed and rescheduled to July 7, 2020. All statutory deadlines for primary election, except for deadlines that occur prior to April 11, 2020, for a primary election must be calculated using the July 7, 2020. The petition for independent candidates for the general election is 4:00 p.m. on July 7, 2020.

7. What are the deadlines for school districts with elections postponed until May?

As a result of changing the April school board elections to May, Governor Murphy signed Executive Order 116 extending certain statutory deadlines for school districts with elections postponed until May. The executive order extends the statutory time period for the municipal governing bodies to review defeated school budgets. The deadline to submit a certified tax levy to the county board of taxation is extended to June 9, 2020.

Finally, the order extends the terms of board of education members whose terms are due to expire at the first organization meeting following the April election to the first organization meeting following the May 12 election. The terms of board of education members elected at the May 12 election will run as though they had taken office at the first organization meeting following the April election.

The order took effect on April 7, 2020.

8. Where can I find the latest information on the CARES Act?

Visit the U.S. Department of Treasury’s CARES Act information webpage.  The League also has posted several blog posts relating to the CARES Act.

9. Can local governments restrict short-term stays to prevent the spread?

Governor Murphy issued Administrative Order 2020-08 which authorizes local governments to impose additional restrictions on hotels, motels, guest houses, and private residences for certain guests or seasonal tenants.

10. How can we continue operating when we are experiencing staffing shortages?

Governor Murphy issued Executive Order 115 permitting retirees to return to public employment as part-time, full-time, or special law enforcement for the duration of the public health emergency.

The Executive Order permits retirees to return to employment by government agencies in any capacity without having to re-enroll in any retirement system, if the person retired before April 6, 2020, the retiree has been separated at least 30 days, and their return is needed because of COVID-19 pandemic. For more on Executive Order 115 please see the Town Crier blog.

11. Can we proceed with fire code enforcement during the pandemic?

The State Division of Fire Safety has issued operational guidance for local enforcing agencies, providing them with information and suggestions and how fire code enforcement operations should proceed during the COVID-19 pandemic.

12. Has any guidance been given on hosting public meetings?

The Department of Community Affairs, Division of Local Government Services (DLGS), has issued Local Operational Guidance which provides guidance for remote public meetings.

In addition, DLGS has issued Operational Guidance which provides additional recommendations on hosting remote public meetings with a specific focus on planning boards and zoning boards of adjustments.

13. Where can I find information on the budget deadline extension, levy cap exemptions and estimated tax bills?

Visit the Town Crier blog post on Budget Deadline Extended, Levy Cap Exemption & Estimated Tax Bills.

14. Where can I find COVID-19 related resources from the League?

The League has created a COVID-19 webpage, which was created as a central source for all resources we are posting. The League is also posting updates of news and new legislation and guidance daily on the Emergency Management & Public Health News Flash. You may sign up to receive email alerts when new items are posted, or visit the League’s COVID-19 resource page to view news flash items. Many of these items are also being posted on the League’s Facebook, Twitter and LinkedIn accounts. There have also been several posts published on the League’s Town Crier blog that gives detailed explanations and analysis of the legislation surrounding COVID-19.