LMR MAY 2020

Louisiana Municipal Review

PUBLISHED BY THE LOUISIANA MUNICIPAL ASSOCIATION

VOL 85, NO. 5

MAY 2020

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The Louisiana Municipal Review, the official publication of the Louisiana Municipal Association, serves as a medium for the exchange

of ideas and information for municipal officials in Louisiana. With a circulation of over 3,200, this publication is read by employees of

Louisiana municipal governments, sheriffs, parish presidents, state government officials, and members of the state legislature and

Congressional delegation, among others. Subscription rate: $24 per year; Single copy: $2. Louisiana residents, add 9% sales tax. Rates

for display, professional-listing, and classified advertising available upon request at editor@lma.org.

Statements or expressions of opinions appearing herein are those of the authors and not necessarily those of the Louisiana Municipal

Association. Publication of any advertisement shall not be considered an endorsement of the product or service involved. No material

from this publication may be reprinted without the express permission of the editor.

Editorial offices: Louisiana Municipal Association, 700 North 10th Street, Suite 400, Post Office Box 4327, Baton Rouge, LA 70821-

4327, editor@lma.org, www.lma.org, (225) 344-5001, (800) 234-8274, FAX (225) 344-3057.

MUNICIPAL REVIEW STAFF

Executive Director: John Gallagher jgallagher@lma.org

Managing Editor: Karen Day White kwhite@lma.org

Editor: Anita Tillman atillman@lma.org

Production Coordinator: Baton Rouge Press, Inc.

LOUISIANA MUNICIPAL REVIEW

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Baton Rouge, Louisiana.

Postmaster – Send address changes to:

LOUISIANA MUNICIPAL REVIEW

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Baton Rouge, LA 70821-4327

2019-20 LMA EXECUTIVE BOARD (non-affiliate, non-advisory)

President – Jimmy Williams – Mayor, Sibley

District J Vice President – Rodney Grogan, Mayor, Patterson

First Vice President – Michael Chauffe – Mayor, Grosse Tete LMA Past President – Barney Arceneaux, Mayor, Gonzales

Second Vice President– Jennifer Vidrine – Mayor, Ville Platte LMA Past President – Glenn Brasseaux, Mayor, Carencro

Immediate Past President – Harry Lewis – Mayor, Rayville

LMA Past President – David Butler, Mayor, Woodworth

District A Vice President – Peggy Adkins, Mayor, Sarepta

LMA Past President – David Camardelle, Mayor, Grand Isle

District B Vice President – Ronny Walker, Mayor, Ruston

LMA Past President – Clarence Fields, Mayor, Pineville

District C Vice President – Adam Holland, Mayor, Oak Grove

LMA Past President – Norman Heine, Councilman, Baker

District D Vice President – Rick Allen, Mayor, Leesville

Vice President-at-Large - Mark Piazza, Mayor, Abbeville

District E Vice President – Nathan Martin, Councilman, Pineville Vice President-at-Large - Darnell Waites, Mayor, Baker

District F Vice President – Charles James, Mayor, Sunset

Vice President (<1K) - Kevin Colligan, Mayor, Cankton

District G Vice President – Kenneth Stinson, Mayor, Vinton

Vice President (1K – 2.5K) – Johnny Natt, Mayor, Mangham

District H Vice President – David Toups, Mayor, Addis

Vice President (2.5K – 5K) – Robert Hardey, Mayor, Westlake

District I Vice President – Donald Villere, Mayor, Mandeville

Page 2

LMR | May 2020

Inside the LMA

Director’s Viewpoint

MUNICIPALITIES ARE A CRITICAL PART OF ECONOMIC RECOVERY

BY JOHN GALLAGHER, EXECUTIVE DIRECTOR

First, I hope you and your families

are safe and healthy as our

state and country continue the

fight against the COVID-19 pandemic.

These are unprecedented

times and we all look forward to a return to normal,

but that may be a “new normal.” Unfortunately for

many, me included, that new normal means living

without family members and friends who were lost

as a result of the virus. So, what will the new normal

look like? We have already seen a huge proliferation

in the use of technology through video conferencing,

not only to conduct what would normally be in-person

meetings, but also to broadcast public meetings

while complying with the Open Meetings Law. Since

March 16, the entire LMA staff has been working

remotely to continue providing the services that you

expect from our office. Our Executive Board and

Committee have held meetings via teleconference

and video conference to address many COVID-19-

related issues. It will be interesting to see what this

embracing of technology will mean over the next

few years.

The LMA Advocacy Team has been working diligently

with the National League of Cities and municipal

leagues across the country to address many of the

negative effects on municipal governments, both

economic and health-based, as a result of abiding by

the various state and federal emergency declarations

and guidelines. While our members were excluded

from direct access to funding under the CARES Act

because of the 500,000 population threshold, the

state did receive $1.8 billion in funds, and Governor

Edwards has promised that 45% ($800 million)

of that money will be distributed to municipal and

parish governments for a variety of extraordinary

COVID-19-related expenditures. Unfortunately, that

funding cannot be used to shore up losses in revenue,

as discussed below. Following the US Department

of Treasury issuing rules regarding allowable

uses, we await guidelines from the state on how

those funds will be distributed.

While the CARES Act funding is greatly appreciated,

many municipalities are experiencing unexpected

declines in revenue based upon diminished sales

tax receipts, hotel/motel taxes, gaming revenue, and

self-generated revenues. In a letter to the Louisiana

Congressional delegation,

we cited for the month

of March an average 26%

decrease in local sales

tax revenue, totally nearly

$100 million statewide.

As our members continue

to grapple with the pandemic,

declining revenue

persists, forcing some

municipalities to undertake furloughs and lay-offs.

Senator Bill Cassidy has authored a bi-partisan bill

with New Jersey Senator Bob Menendez that will

generate $500 million in direct aid to municipalities

with a population of 50,000 or more to specifically

address revenue shortfalls directly attributable to

COVID-19. We deeply appreciate Senator Cassidy

for hearing our call and coming to the aid of local

governments across the country. If passed, this will

directly assist around 12 of our largest municipalities,

as we continue to advocate for funding for all with

no minimum population threshold. We expect that a

fourth stimulus package will be introduced later this

month as congressional leaders and President Trump

continue to negotiate on means to support governmental

revenue losses due to COVID-19. We are currently

working with the National League of Cities on

a campaign to let our congressional leaders and the

President know that municipalities are a critical part

of economic recovery, and that the trillions of dollars

dedicated to private businesses are meaningless if

municipal governments cannot survive to provide

essential services. You should have received a letter

asking for data on the fiscal impacts your municipality

is experiencing. We will compile the data

and present it to the President and our congressional

delegation as part of our advocacy to support

municipal governments. Please complete the short

survey and contact your congressional leaders to tell

them that without strong municipal governments,

there cannot be a strong Louisiana.

Last but certainly not least, we are extremely proud

of the first responders, health care workers, and

essential municipal personnel who are on the front

lines of the pandemic. We cannot thank you enough

for your personal sacrifices, which exemplify how

local leaders make a difference.

LMR | May 2020 Page 3

President’s Message

CONTINUITY OF OPERATIONS

BY MAYOR JIMMY WILLIAMS, TOWN OF SIBLEY

These unprecedented times have

presented difficult questions regarding

the continuity of scheduled LMA events,

which are the mechanisms by which District

Vice Presidents and Executive Officers

are elected. On April 28, after thoughtful consideration of all of the

current circumstances and future indicators, the LMA Executive

Board voted unanimously to cancel the 2020 LMA District Meetings

in June, along with the 2020 LMA Annual Convention, which

was scheduled for July 30 - August 1 in Baton Rouge.

The Executive Board further voted unanimously to affirm that

the current slate of officers and members of the 2019-2020 LMA

Executive Committee and Executive Board be allowed to serve in

the same position for the 2020-2021 LMA year.

Finally, the Executive Board unanimously adopted provisions

regarding technical matters in the succession of District Vice Presidents

and Executive Officers. All of these adoptions are formalized

as follows:

Given the unprecedented COVID-19 pandemic and the effects it is

likely to have on municipalities on both personal and financial levels,

and notwithstanding ordinary LMA customs, rules and bylaws,

the LMA Board adopted the following motion:

1. That the 2020 District Meetings of the LMA, originally set for

June of 2020, be cancelled.

2. That the 2020 LMA Convention, originally set for July – August

of 2020, be cancelled.

3. That Baton Rouge, as the 2020 host city, be given the option to

host the 2021 LMA Convention.

4. That Lafayette, as the originally proposed 2021 host city, be

given the option to host the 2022 LMA Convention.

5. That the current slate of officers and members of the 2019-2020

LMA Executive Committee and Executive Board, be allowed to

serve in the same position for the 2020-2021 LMA year.

6. That if a current office or member chooses not to serve another

year, that an election be held accordingly online or by phone.

7. That Mayor Jennifer Vidrine, current LMA 2nd Vice President, be

allowed to serve her full term as LMA President for the 2022-

2023 LMA Year, regardless of whether or not she is re-elected

when her current Mayoral term expires in December of 2022.

The LMA staff will work with the LMA Executive Committee and

Executive Board to develop learning opportunities for municipal

officials and leaders to obtain essential training in ethics, sexual

harassment, and other topics.

The administrations in both Baton Rouge and Lafayette have been

extremely understanding and accommodating as we all adjust

to conducting business during a pandemic. We are thankful for

the great relationships within our association and look forward to

being part of the economic spark that these cities will undoubtedly

need in 2021 and 2022.

I want to encourage you to remain optimistic while we work to

figure out this new normal together. Stay safe and God bless.

Gathering from a Distance

The LMA Board of Directors and staff have been

working diligently for the past two months to maintain

continuity of operations through telework and virtual

meetings. We are very proud of our team members

who have been able to make a seamless transition to

remote working while still delivering the same quality

and speed of service that our members are accustomed

to. As we progress through the next stages of

acclimating to the new normal, LMA is agile and

ready to make any necessary

adjustments.

Typically, our events staff would

be in full planning mode for the

busiest time of year – district

meetings and the LMA Annual

Convention. The board met on

May 5 and unanimously agreed

that the health and safety of

our staff and members, coupled

with the financial strain that

many municipalities are facing, warranted canceling our

summer events.

The decision to not move forward with the district

meetings and convention keeps us socially distant, but

we are determined that distance learning will continue.

Education is a big part of our mission and our team is

working to ensure that access to information that is

especially critical now will be provided. We are also

working on a mechanism to allow the Community

Achievement Awards to continue. Stay tuned for

more information as we still plan to recognize the

great accomplishments of our

communities.

Our office building is closed, but

LMA is still open for business

and working hard every day. We

invite you to visit our website

at www.lma.org and social

media pages often for news

and updates. We will remain

#LMAStrong.

Page 4

LMR | May 2020

Inside the LMA

Louisiana Moves Into Phase One

As of May 15, Louisiana has met

the White House and Centers for

Disease Control (CDC) criteria

and move to Phase One of

the Guidelines for Opening Up

America Again. The data shows

that the spread in Louisiana

is consistently slowing, and in

many cases, declining. Phase

One of the Roadmap to a Resilient

Louisiana adopts every major recommendation

of the White House plan

and is expected to continue for 21 days through June 5.

Phase One lifts the Stay at Home order that had been in place

since March 13 and eases restrictions on some public spaces

like houses of worship and restaurants and opens other businesses

that have been closed such as barber shops and salons,

but with restrictions on occupancy and strict requirements for

personal distancing and masks to keep everyone safe. Phase

One occupancy for these businesses will be limited to 25 percent,

including employees and customers.

As of May 11, more than 2,200 people in Louisiana had died

from COVID-19. And while more than 22,600 people are

estimated by the Louisiana Department of Health as being

recovered, thousands of people in Louisiana are still sick, and

this does not account for the thousands of asymptomatic and

mildly symptomatic cases in our state among those not tested.

As of April 30, Louisiana was sixth per capita for cases in the

United States.

“The people of Louisiana have worked really hard since this

public health emergency was first announced, in order to slow

the spread of COVID-19,” said Gov. Edwards. “I am proud and

I want to thank the people of Louisiana for doing that. They

committed to and complied with the Stay at Home Order and

had they not, we would not have seen the progress that we

have been able to see.”

All business owners should read the order to understand which

category their business falls into. Businesses in Louisiana will

be categorized for reopening in three ways:

• Those deemed Essential by the Cybersecurity and Information

Security Agency (CISA) within the U.S. Department

of Homeland Security. These businesses will continue to

operate as they have without restrictions on the numbers

of persons that can be present and maintaining all

required health and safety thresholds and protocols.

• Non-Essential businesses are those that do not fall under

CISA infrastructure, nor are they considered a “Closed”

business. Non-essential businesses that may reopen

include:

o Gyms and fitness centers; Barber shops and hair and

nail salons; Casinos and Video Poker; Theaters; Racetracks

(not open to spectators); Museums, zoos, aquariums

(no tactile exhibits); and Bars and breweries with

LDH food permits

o May open with restrictions in place

o Maximum occupancy 25 percent of permitted occupancy

including employees and customers (does not

include outdoor or patio seating)

o Must practice social distancing (6 feet between people

and 10 feet between tables)

o Employees in close proximity to customers must wear a

face mask or face covering

• Closed Businesses are not permitted to reopen in Phase

One. The following are some of the business types should

remain closed:

o Massage establishments and spas, tattoo parlors,

carnivals, amusement parks, water parks, trampoline

parks, arcades, fairs, bars and breweries without LDH

food permits, pool halls, contact sports, children’s play

centers, playgrounds, theme parks, adult entertainment

venues, and other similar businesses.

The website OpenSafely.la.gov has been established to give

businesses and faith leaders the ability to clearly understand

how Phase One applies to them. The site is a resource that

provides additional guidance that will be more applicable to

specific business uses and types, to help owners determine the

capacities that comply with the guidance and to receive updates

and notifications as the reopening process evolves. Faith

leaders and business owners, with the exception of gaming

establishments, are not required to register on the Open Safely

website nor get approval on their reopening plans in order to

reopen. The site is being made available as a resource to get

information directly to businesses as the state continues to

progress through the phases.

“We are not back to life as we knew it before COVID-19,” said

Gov. Edwards. “There is a new normal in place and everybody

has a role to play and I am asking that you play that role. It is

extremely important if we are going to be successful, and not

have to go backwards in terms of putting more restrictions

in place which is the worst possible thing that we can do for

our economy. It’s the worst possible thing we can do for our

workers.”

Both the CDC and the Louisiana Department of Health strongly

urge everyone to wear masks or face coverings when in public.

People who are at a higher risk of becoming ill from COVID-19

are encouraged to Stay at Home.

The next announcement on moving beyond Phase One in

Louisiana is expected to be made on June 1. Members of the

public can continue to get information from the Governor’s

office on Coronavirus.la.gov and by texting LACOVID to 67283.


From Capitol Hill to the Pelican State:

What You Need to Know About

Federal Coronavirus Legislation

BY KAREN DAY WHITE, EXECUTIVE COUNSEL

It seemed like it happened in the blink of an

eye: a news story about something happening

in China became a Louisiana problem,

overwhelming us and forever changing the

way that we look at working, socializing, and

conducting business. Even before Governor

Edwards declared a public health emergency

for Louisiana on March 11, and before

President Trump declared a state of national

emergency on March 13, it was evident that this viral threat was

unlike any other in recent memory.

Since March 1, Congress has passed four major packages in response

to the COVID-19 pandemic. As discussed later herein, the

LMA is part of a coalition of local government stakeholders who are

aggressively lobbying for federal relief for municipal governments,

including funding to replace lost revenue due to the pandemic.

Enacted Legislation

The first related action taken by Congress was H.R. 6074, the

Coronavirus Preparedness and Response Supplemental Appropriations

Act, which was enacted on March 4. That bill provided

$8.3 billion in emergency funding to respond to the coronavirus,

including $6.7 billion for domestic efforts and $1.6 billion for international

efforts. Most of the domestic funding ($6.2 billion) was

allocated to the Department of Health and Human Services (HHS)

including:

• $3.4 billion for the Office of the Secretary – Public Health

and Social Services Emergency Fund (PHSSEF), for research

and development of vaccines, therapeutics, and

diagnostics; funds to purchase vaccines, therapeutics,

and diagnostics; and grant money to target the needs of

people who are geographically isolated and economically

or medically vulnerable

• $1.9 billion for the Centers for Disease Control and Prevention

(CDC) to support federal, state, and local response

efforts which includes $950 million for state and

local response efforts

• $836 million for the National Institute of Allergy and Infectious

Diseases (NIAID), which conducts research on

therapies, vaccines, diagnostics, and other health technologies

• $61 million for the Food and Drug Administration (FDA)

for the development and review of vaccines, therapeutics,

and medical devices

• $20 million is for the Small Business Administration (SBA)

disaster loans program to support SBA’s administration of

loan subsidies for affected entities

• A waiver amounting to $500 million that removes restrictions

on Medicare providers regarding telehealth services,

regardless of whether the beneficiary is in a rural

community

The $1.6 billion designated for the international response was

mostly allocated through the United States Agency for International

Development (USAID) to fund the Global Health Programs (GHP),

International Disaster Assistance (IDA) account, Economic Support

Fund (ESF), and the Office of the Inspector General (OIG). Additionally,

the State Department received $264 million to support consular

operations, emergency evacuations, and other needs at U.S.

embassies, and $300 million was provided to the CDC to support

global disease detection and emergency response efforts.

As the realities of sweeping unemployment became increasingly

apparent, Congress passed H.R. 6201, the Families First Coronavirus

Response Act, on March 18. Though the package had many elements

- such as guaranteeing free coronavirus testing, enhancing

unemployment insurance, expanding food security initiatives, and

increasing federal Medicaid funding – the most impactful portion

of the bill created mandatory paid sick leave and expanded FMLA

leave for qualifying employees. Non-governmental employers can

offset the cost of paying that mandatory leave through payroll tax

credits, but local governments must bear the cost of that leave

without any conduit for reimbursement. Application of the FFCRA

mandates must be done on a case-by-case basis, walking through

the qualifying provisions for each applicant employee. A full summary,

including each element of qualification and attendant pay

scales, is available at www.lma.org. However, there are two common

misconceptions about the FFCRA, which bear discussion here.

First, those mandatory leave provisions do NOT apply if the employer

is closed and has furloughed or laid off employees. This is

true whether the employer closes due to lack of business or because

it is required to close pursuant to a federal, state, or local directive.

Second, the FFCRA mandated leave is only available to those who

cannot work/telework from home. If the employer has made accommodations

for that employee to work from home, and they

refuse to do so (even if the reason is illness), the FFCRA does not

apply; rather, they would use their sick leave in accordance with

the municipality’s policies and procedures.

SEE LEGISLATION PAGE 22

Page 6

LMR | May 2020

Inside the LMA

Hurricane Season Looms

with Louisiana Already

in a Presidential Disaster

BY BRETT KRIGER, LMA DEPUTY DIRECTOR-DISASTER RECOVERY

Whether you call it the novel coronavirus, SARS-COV-2, or

COVID-19, Louisiana, the country, and the world are experiencing

a catastrophic event. Our state, parishes, and municipalities

are all overwhelmed, economic activity is practically non-existent,

and we all have cabin fever from staying home to flatten

the curve.

Our political leaders are all asking, “How do we survive this and

continue to pay our bills and employees as the impacts become

more serious over time?” Tax revenue (sales, gasoline, hotel,

airport, etc.) has dramatically declined, sometimes to almost

nil. The best we can do right now is ensure that we are taking

maximum benefit of the federal assistance available from the

reimbursement and grant programs that federal agencies have

implemented, especially Public Assistance Category B of the

Stafford Act, the President’s Disaster Program.

Under Category B, the President’s action makes federal funding

available for Crisis Counseling for affected individuals in all

areas of the state of Louisiana, as well as federal funding for

state, tribal, and eligible local governments (and certain private

nonprofit organizations) on a cost-sharing basis for emergency

protective measures, including direct federal assistance under

Public Assistance for all areas affected by COVID-19, at a federal

cost share of 75%.

The Governor’s Office of Homeland Security and Emergency Preparedness

has information and technical assistance available for

you to better understand the Category B programs and you can

always ask the LMA staff to answer your questions and direct you

to the special resources that you may need for this disaster event.

But, what if Louisiana is faced with a flood, tropical storm, serious

tornado, or hurricane while the COVID-19 Declared Disaster

is still ongoing? Louisiana has had multiple simultaneous

disaster declarations that overlap in the past and we should not

be surprised if such an event occurs again this year.

During the LMA annual Hurricane Preparedness Webinar

(which will still be presented though delayed this year), we always

stress the importance of being able to thoroughly document

your costs that are attributable to a specific declared

disaster. A coding system that tracks force account labor and

equipment usage is sometimes the most difficult – it is also

critical to ensuring you are properly reimbursed and don’t encounter

any issues during the GOHSEP, Louisiana Legislative, or

FEMA close-out audits.

SEE HURRICANE PAGE 8


Ad Valorem Taxes

Opinion: 19-0094 The particular piece of property in question

fails to qualify for a homestead exemption because the property

is held in trust and does not meet the requirements for a

homestead exemption under La. Const. arts. VII, §20(A)(2) and

(3). Released: 3/25/2020

Ethics

Attorney

General’s

Opinions

BY JEFF LANDRY,

ATTORNEY GENERAL

Opinion: 20-0023 A member of the Lincoln Parish Board of Election

Supervisors is prohibited from serving as a Commissioner

for the Lincoln Parish Board of Election Supervisors pursuant to

the “incompatible offices” provisions of La. R.S. 42:64(A)(1), La.

R.S. 42:64(A)(2) and La R.S. 42:64(A)(3). Released: 3/27/2020

CONTINUED FROM PAGE 7: HURRICANE

You should have already declared a local state of emergency, in

addition to the state and parish declared states of emergency, if

you are planning to submit documented costs to GOHSEP and

FEMA for reimbursement. The local declaration allows you to

use emergency contracting and procurement methods, but you

must follow all local, state and federal law, codes, and ordinances.

Here are a few tips for quick reference:

• small purchase methods are the easiest

• open competition and sealed bids are expected

• three to four competitive proposals are preferred

• avoid sole source solicitations/awards

- GOHSEP (almost) never approves these

- they are difficult to justify

- they violate public bid laws

• “Piggy-back” contracts

- they are generally not acceptable

- they must be approved by GOHSEP in advance

• Cost Plus Percentage – NEVER ALLOWED

• Contact LaMATS for information and assistance at

www.lamats.net

For complete guidance on procurement and contracting to

ensure that you are fully reimbursed by FEMA through the

audit phase, you should refer to GOHSEP’s “Procurement

Quick Reference – A Guide to Getting and Keeping Your FEMA

Grant Dollars,” which may be accessed at https://gohsep.la.gov/

Portals/0/Documents/Publications/Procurement-quick.pdf?ver=2018-05-04-132016-513.

Grants and Funding Notices

Notice of Funding Opportunity for the $100 million

Assistance for Firefighters Grant Program

The deadline for applications is May 15. AFG-S provides

direct financial assistance to eligible fire departments,

nonaffiliated emergency medical service

organizations and state fire training academies. Fire

departments in cities, towns and villages may obtain

additional information through the FY 2020 COVID-19

Supplemental Notice of Funding Opportunity Guidance

Materials on the FEMA website at fema.gov. The

online AFG-S Grant Program application is available

through the AFGP FEMA Grants Outcomes (GO) application

portal .

DOTD is accepting pre-applications to the Statewide

Flood Control Program until May 29, 2020

The purpose of the program is to bring about flood

damage reduction by providing long-term solutions

for areas that are experiencing structural damage.

Parish governments, municipal governments, levee

boards, and drainage districts are eligible to submit

a funding request by submitting a pre-application.

Eligible projects include channel enlargement, levees,

pump stations, relocation of dwellings and business

structures, reservoirs, and other flood damage

mitigation measures. If you have questions about the

application process, you may contact Billy Williamson

at 225-379-3023 or email Billy.Williamson@la.gov.

For more information, visit Statewide Flood Control

Program on LADOTD’s website at wwwsp.dotd.la.gov

FY 2020 Coronavirus Emergency Supplemental

Funding Program

The Coronavirus Emergency Supplemental Funding

(CESF) Program will provide funding to assist

eligible states, local units of government, and tribes

in preventing, preparing for, and responding to the

coronavirus.

Allowable projects and purchases include, but are

not limited to, overtime, equipment (including law

enforcement and medical personal protective equipment),

hiring, supplies (such as gloves, masks, sanitizer),

training, travel expenses, and addressing the

medical needs of inmates in state, local, and tribal

prisons, jails, and detention centers.

The solicitation closes on May 29, 2020. Go to

https://bja.ojp.gov/funding/opportunities/bja-2020-

18553 for more information.

SEE GRANTS PAGE 9

Page 8

LMR | May 2020

A Word from

Our Affiliates

Guidance for Public Works Bids During COVID-19 Emergency

On April 2, 2020 the Governor extended the dates of

the declared emergency which addressed Public Works

Bids under Title 38 of the Revised Statutes. Executive

Counsel for the Division of Administration, the State’s

department that oversees State Public Works projects,

also forwarded a memo to LMA Executive Counsel,

Karen White, clarifying the meaning of “suspension of

deadlines” as that those suspensions relate to Public

Works bids. His interpretation allows local government

to proceed with Public Works bids.

The relative quote is as follows:

“There has been some question regarding the

intent of the Proclamation as to the continuation

of Title 38 public works projects during the

State of Emergency for COVID-19 and how the

suspension would apply to public works projects

that are not directly addressing the COVID – 19

pandemic or response thereto.

“The intent of Proclamation Numbers JBE 2020

– 30 and 41 was to ensure for the continued

procurement of essential public works projects

across the state for the protection of the state’s

critical infrastructure during the COVID – 19

outbreak. To the extent that direct and indirect

impacts of COVID – 19 prevent the strict

compliance with the statutory deadlines of the

Public Bid Law or its corresponding rules and

regulations, then such deadlines are suspended

and strict procedural or logistical compliance

therewith is not necessary.

“Suspending certain provisions in the Public

Bid Law gives flexibility to public officials so

that they may continue business operations and

move projects forward. The provisions include,

but are not limited to the following activities: (1)

extending deadlines to receive bids; (2) using

alternative methods of conducting conferences,

submitting, opening and awarding bids due

to state offices being closed to the public;

(3) extending post-bid opening requirements

including submission of additional information,

award and extension of contracts, and notices to

proceed etc.”

(Richard McGimsey, Executive Counsel, DOA April

6, 2020)

The LMA and LaMATS defer to Mr. McGimsey’s

interpretation of the Executive Order. Our membership

and those who rely on our advice and technical

assistance should proceed with public works bids

in accordance with the enclosed interpretation. We

are very grateful to Mr. McGimsey and the DOA

for providing municipalities with this important

clarification.

CONTINUED FROM PAGE 8: GRANTS

EPA Provides Grant Funding to Support Environmental

Justice Communities Impacted by COVID-19

In response to the COVID-19 public health emergency,

EPA is making $1 million in grant funding available to

states to help local environmental justice communities

address COVID-19 concerns faced by low-income and

minority communities.

Interested applicants must submit proposal packages on

or before June 30, 2020 to be considered for the available

funding.

To apply for funding or for more information visit epa.gov.


LMCA Highlights New 2020 Officers

As of March 27, the 2020 Louisiana Municipal Clerks

Association officers took their respective seats. Given

officers were unable to gather to take the Oath of Office

during the LMCA’s 60th Annual Spring conference in

March (which was postponed), each officer was sworn

in individually through their own municipalities, officially

taking their new positions.

NEW OFFICERS

LMCA President

Douglas Schmidt,

LMMC (Mandeville)

LMCA Vice President

Dolores Quebedeaux,

LMMC (Arnaudville)

under the Executive Order

and the pandemic. These are

very challenging times for

all of us. As we experience

discomforts associated

with trying to function by

alternative methods, Clerks

continue to forge ahead to

successfully complete the

work of government. It is recommended that Clerks

consult with their legal counsel on how to handle

Council meetings or other matters unique to your city.

Another great resource for acquiring information to

help your municipality is through the LMCA Facebook

page. It’s a great way to get updates, answers and a

wealth of knowledge from other clerks experiencing

similar situations. Hang in there Clerks. We are all in this

together!

SAVE THE DATE:

• LMCA Spring Conference June 11-12, 2020 (tentative),

Baton Rouge, LA

• LMCA Clerk’s Institute October 25-30, 2020, Baton

Rouge

• International Institute of Municipal Clerks (IIMC)

Region IV Conference December 9-11, 2020 in historic

Natchitoches, LA

LMCA Secretary

Lora Johnson,

MMC, CMC, LMMC,

LCMC (New Orleans)

LMCA

Public RelationsOfficer

Veronica L. Williams,

LCMC (Lafayette)

THANK YOU: As the new officers continue the work of

the Association, the LMCA, at-large, congratulates the

2019-2020 officers for their successful leadership. You

took the organization to the next level and leave us with

big shoes to fill. We appreciate you!!!

SPRING CONFERENCE: You were notified that

the March Spring Conference was postponed and

rescheduled to the tentative date of June 11-12, 2020 in

Baton Rouge. Please be mindful that this rescheduled

date is “tentative”. Stay tuned for new updates on the

conference and possible changes to coincide and/or

comply with new Executive Orders, in light of the ongoing

pandemic.

MOVING FORWARD: The Clerks and supporting staff

are to be commended on moving municipalities forward

Important Reminder…

For Elected Officials and Board

and Commission Members

Please be advised that Personal Financial Disclosure forms

are due to the Ethics Commission by May 15, 2020 for the

2019 calendar year. This applies to those elected officials

who were in office/elected position in 2019 and Board and

Commission members that have authority to spend more

than $10,000. Please ensure all are aware of this important

issue.

Tier 2 - Population of election district over 5,000

Tier 2.1 - Board and Commissions that spend more than

$10,000

Tier 3 - Population of election district under 5,000

You may also go to the Ethics Commission website and

fill them in online. Should you have any questions, please

contact the State Ethics Commission at (225) 219-5600 or the

LMA (225) 344-5001.

Page 10

LMR | May 2020

BOAL Installs New Officers

BOAL had a great

conference this year at the

DoubleTree by Hilton in

Lafayette, Louisiana. At the

conference BOAL President

Danika Gorrondona signed

a proclamation alongside

Region IX’s President

Jason Pryor for Building

Safety Month in May 2020.

We congratulate Adam

Ortego who was awarded

$1000 scholarships from

the University of Louisiana

at Lafayette. Along with

the wealth of information

that was provided to the

attendees, the 2020 - 2021

slate of officers were

sworn in by Mike Wich, ICC

Representative.

Incoming Officers

President Anthony Governale, CBO City of Morgan City

A Word from

Our Affiliates

President-Elect Scott

Masterson, CBO City of

Zachary

Past President Danika Gorrondona,

CBO City of Gretna

Secretary/Treasurer Tammy Luke,

CBO St. Mary Parish

LMA Representative

Greg Jones Retired Mayor of Crowley

Board of Directors

Joseph Delcambre, CBO Lafourche Parish

Rick Foster, CBO City of Denham Springs

John Piglia, CBO Jefferson Parish

Blake Steiner, CBO South Central Planning & Development

Commission

Bruce Williams, CBO

Lafayette Consolidated

Government

William “Billy” McShan,

CBO Building Inspection

Group

Associate Board Member

Paul Abrams,

Floodproofing/Smart Vent

LCAA Held 2020

Spring CLE

On Friday, March 13, 2020, the Louisiana City

Attorneys Association (LCAA) hosted its 2020 Spring

CLE at the Bentley Hotel in Alexandria.

Sessions included: Master Class in Property: Municipal

Annexations and Managing Adjudicated Properties;

Latest Developments in Public Procurement and

Public Bid Law; and Local Government Budget Act

Essentials.

Pictured: (top) LCAA President Ruby Freeman; Speakers (bottom L to R): Paul Holmes, LaMATS; Michael Hebert; and Ryan

Goudelocke.


Counting the Cost of COVID-19 on America’s Agriculture

BY MIKE STRAIN, DMV, COMMISSIONER OF AGRICULTURE AND FORESTRY

We currently find ourselves in

unprecedented times. The direct

economic cost to American

agriculture due to the Covid-19

pandemic is estimated to be over

$20 billion. Estimates for losses

include: wheat 4%, soybeans 13%,

corn 20%, feeder cattle 21%, milk

22%, cotton 25%, live cattle 25%,

ethanol 33%, and hogs 53%. Far

greater is the human cost in sickness and the loss of

family members and friends. As in every crisis, farm

families are among the first to stand up and lend a

hand. Together we will endure and overcome this, the

greatest trial of our lives.

From the first days of the pandemic, it became clear

the necessity and dependency that society places on

abundant and readily available food and fiber. In our

generation, it is unprecedented to go to the market or

grocery and not find shelves fully stocked with bread,

milk, fresh meats and eggs, toiletries and sanitizers.

We have adapted to a new normal - social distancing

and the continuous washing of hands and sanitizing.

We are further working together to shield the most

vulnerable from exposure by encouraging them to

stay at home and having friends and family bring their

groceries and necessary supplies to them.

Distance learning is now commonplace and each of us

has gotten more proficient at using technology and

the internet. Each and every day, you get up and go

to farm, ranch, forest and processing plant to provide

the fundamental critical necessities of life. We are very

thankful for your dedication, hard work and sacrifice.

We cannot fail to produce the needed food, fiber,

and energy necessary to sustain our families, our

communities, and our country.

On a state level, the Governor’s Office of Homeland

Security and Emergency Preparedness (GOSHEP) of

which I am a member of the Unified Command Group

(UCG) used to meet in person but communicate

through teleconference. Governor John Bel Edwards

leads the discussion. It is here that issues are brought

forward and must be solved in real time. At UCG,

hard decisions are made, logistics are outlined,

supplies are ordered and sent, and progress is tracked.

We will continue to meet until this crisis has been

contained. Further, the governor has organized the

Resilient Louisiana Commission which is charged in

development and implementing a plan to put Louisiana

back to work and advance our economy. I serve as

co-chair with Wayne Baquet, Jr. on the Food and

Agriculture task force.

On a federal level, over $19 billion of direct aid has

been approved by Congress for distribution by the

USDA for farmers and ranchers. This includes $16

billion in direct payments to farmers and $3 billion in

food product purchases for distribution.

The direct payments are as follows: cattle $5.1 billion,

dairy $2.9 billion, hogs $1.6 billion, row crops $3.9

billion, specialty crops $2.1 billion and other crops $.5

billion. Producers will be compensated for 85% of their

losses from January 1 - April 15, 2020. The second part

of the program will pay 30 percent of the expected

losses from April 15 through the next two quarters.

Payment limits will be at $125 thousand per commodity

with an overall limit of $250 thousand per individual or

entity.

Food banks, community and faith-based organizations,

and other non-profits serving those in need will receive

$100 million a month in fresh fruits and vegetables,

$100 million a month in dairy products, and $100

million a month in meat products. Additionally, the

USDA has $873.3 million available in Section 32

funding to purchase a variety of agricultural products

to distribute to food banks combined with Cares

Act funding of $850 million of which $600 million

will be made available for food banks to make direct

purchases of food products.

Three-hundred million has been provided to the

Commerce Department to support seafood and

aquaculture and the USDA has committed to work

closely with Commerce to assure a fair and equitable

distribution of funds.

We face difficult challenges ahead as we rebuild our

society and economy. We must all practice proper

social distancing and strict hygiene as we anxiously

await the development and administration of an

effective vaccine. There will be great opportunities

ahead. We must seize each and every one to protect

and enhance agriculture, forestry and aquaculture

which represent the largest sector of the natural

resource based industries. This is not only the

foundation of our economy, but also has the greatest

potential for growth and profitability. We are here to

serve. Please let us know what we can do to help you

and your industry.

Page 12

LMR | May 2020

Partner Insight

Stay Home and

Staycation in #OnlyLouisiana

IDEAS TO STAY CONNECTED

BY LIEUTENANT GOVERNOR BILLY NUNGESSER

I know you’ve heard the phrase that

states your world can change in an instant.

Literally, the entire world has changed as a result of the

coronavirus, something none of us had even heard of several

months back. The Department of Culture, Recreation and

Tourism and our statewide partners have done a great job of

creating opportunities to experience the unique culture and

diversity of our state while we stay at home.

The list of ways our offices and our partners have adapted

to today’s world during the coronavirus pandemic is quite

impressive. I would like to invite you to use some of these

resources to stay connected while staying home:

point you in the right direction through Volunteer Louisiana.

Go to www.volunteerlouisiana.gov

• Hungry for some Louisiana seafood? Look no further

than Facebook for dishes prepared by some of Louisiana’s

most talented chefs. Check out the Louisiana

Seafood Promotion and Marketing Board on Facebook

@LouisianaSeafood for great ideas on what to cook and

how to get fresh seafood in your area.

Louisiana has a rich and unique culture like nowhere else in

the world. So I invite you to experience a part of our state you

may otherwise be missing. And, please be sure to share these

sites with friends and loved ones outside of our state so that

when the doors to our world open again, visitors will hurry

and come to Louisiana. We are #LouisianaStrong!

• Looking for music? Many of our Regional Arts Councils

are partnering with area musicians to bring live virtual

concerts online and also provide the audience the

opportunity to tip the musicians. For more information,

go to www.crt.state.la.us/cultural-development/arts

• Homework help? We’ve got you covered with Homework

Louisiana, a free, live online tutoring, test prep and

job placement assistance. Go to www.homeworkla.org

• Have you visited a museum lately? Take a virtual tour.

There’s even educational resources and arts and crafts

ideas to go along with the visits. For more go to https://

louisianastatemuseum.org/education

• Do you feel like lending a helping hand? We can


Treasury Notes

We Have $850 Million In Unclaimed Property.

Some Of It Could Be Yours.

BY STATE TREASURER JOHN M. SCHRODER

As state treasurer, I’m concerned

about the number of people

getting sick from COVID-19, but I’m

also worried about the financial hit of this pandemic.

Businesses are closing. Restaurants are struggling.

Workers are losing their jobs. City Hall’s revenue

base is shrinking. That is why the Louisiana Treasury

is doubling down on its efforts to return Unclaimed

Property to small businesses and municipalities.

Every year, businesses turn over millions of dollars in

unclaimed cash, stocks, bonds, securities and insurance

proceeds to the State Treasurer’s Office. This money is

known as Unclaimed Property, and it includes payroll

checks, old bank accounts, royalties, utility deposits,

interest payments, stock certificates and life insurance

proceeds. One in six individuals in Louisiana has

global expertise

delivered locally

Unclaimed Property, with claims averaging $900.

Our office is closed to visitors and a lot of Louisiana

Department of Treasury staff are working from home,

but we are still processing claims and sending out

Unclaimed Property checks. In a single day, we printed

more than 5,200 checks returning millions of dollars.

In April, we returned $14 million to people across

Louisiana by updating the addresses in our Unclaimed

Property files. One of the main reasons people have

Unclaimed Property is because they moved and

businesses can’t find them to return their money. Using

tax records and other data, we were able to locate

people and send them a check without making them fill

out paperwork updating their address.

We are also returning money to municipalities because

services to help you

manage your system

asset management

steel & concrete tanks | treatment plants |

pipes | meters | water wells

SEE TREASURY PAGE 15

water quality in

distribution systems

in-tank water mixers | trihalomethane removal

systems | disinfectant residual control system

smart metering services

water wells management

well & pump rehabilitation & maintenance |

water well drilling

Contact your local Water System Consultant

Jimbo Hoffman

855-526-4413 ask@suez.com

Utility Service Co., Inc. www.suez-na.com

An ISO 9001:2015 Quality Assured Company

Page 14

LMR | May 2020

Partner Insight

Rural Development

USDA Rural Development is a Catalyst for Rural Prosperity

BY ROY HOLLEMAN, STATE DIRECTOR, USDA RURAL DEVELOPMENT

USDA Rural Development is

committed to providing municipal

leaders with resources to improve

rural places and small towns from the ground up

to increase prosperity, because when rural America

thrives, all of America thrives.

Rural Development provides loans, grants and technical

assistance to build critical infrastructure like broadband,

water systems, and hospitals. This assistance expands

access to e-connectivity, electric, and transportation

infrastructure and support business growth, healthcare,

education, housing, and other community needs.

The Business Programs provide financial backing and

technical support to stimulate business creation and

growth in rural towns up to 50,000 in population. The

programs work through partnerships with public and

private community-based organizations and financial

institutions to provide financial assistance, business

development, and technical assistance.

The Housing Programs play an important role in

keeping Louisiana strong. It helps build affordable

and decent housing to improve communities in rural

areas up to 35,000 in population. Loans are available

to provide low- and moderate-income households

the opportunity to buy, build, or repair a home to

make it safer and efficient. Guarantees are available

for mortgage loans, apartment construction or repair

financing, and transitional housing in eligible rural

areas.

The Community Facilities Programs provide funding

for a wide range of essential community projects in

towns up to 20,000 in population. These include, but

are not limited to, projects, which will enlarge, improve,

or construct hospitals, clinics, assisted living facilities,

childcare centers, schools, libraries, public buildings,

community centers and more. These low interest loans

are also available to purchase public safety equipment

such as fire trucks and equipment, ambulances, zero

turn mowers, and so much more. In some situations,

grants may be available for smaller communities.

Eligible applicants include public bodies, communitybased

non-profit corporations, and federally recognized

tribes.

The Rural Utilities Service Water and Environmental

Programs offer rural communities opportunities to

modernize obsolete water and wastewater systems

or construct a new water system to address help

concerns in communities with populations of 10,000

or less. Eligible applicants include most state and local

government entities, nonprofit organizations, and

federally recognized tribes

For fiscal year 2020, projects financed through the

Community Facilities Guaranteed Loan Program

receive priority points in rural areas of 20,000 or fewer

residents. Projects financed through the Water and

Waste Disposal Guaranteed Loan Program receive

priority in rural areas of 10,000 or fewer residents.

USDA increased the rural population eligibility limit

to 50,000 residents for the Community Facilities

Guaranteed Loan Program (CF) and the Guaranteed

Water and Waste Disposal Loan Program (WEP). The

maximum guarantee is typically 90 percent of the loan

amount, one-time guarantee fee, interest rates may be

fixed or variable as negotiated between the lender and

the borrower and up to 40-year payback.

The Louisiana team is here to ensure that people who

live and work in rural areas have access to resources

and services as people in metropolitan areas. Please

contact Roy Holleman at roy.holleman@usda.gov

or (318) 473-7657. For more information, visit www.

rd.usda.gov/la and follow @RD_Louisiana on Twitter.

CONTINUED FROM PAGE 14: TREASURY

I know you are struggling right now. We compiled a

list of every city, town and village in Louisiana. Every

day, we search our database to see if any of the

municipalities on that list have Unclaimed Property.

Quite a few do. We just sent more than $290,000 to

the city of New Orleans and $33,473.29 to the city of

Shreveport.

Even after returning millions of dollars to people and

municipalities, we still have more than $850 million in

Unclaimed Property.

Search today at www.latreasury.com to see if you have

money in the Louisiana Treasury. If you find some, call

my office at 225-342-0010 and we’ll help you claim it.


Health Insurance Effects of Employee

Reduction Decisions

BY J. RICHARD WILLIAMS, LMA DEPUTY DIRECTOR

Reductions in tax revenues from the

COVID-19 pandemic are causing

municipalities of all sizes and from all

areas of Louisiana to look at how to

manage expenses and how to deal with

the uncertainly of anticipated revenues

moving forward. Because personnel

costs are often a substantial portion of

a municipal budget, officials are faced

with the tough decision of considering

employee reductions through layoffs, reduction in hours,

and/or furloughs. Currently, the federal government is providing

increased unemployment compensation, but access

to health benefits is a key consideration in any employee

reduction decision.

To help with some of these employee health benefit and coverage

considerations, Bonnie Martin, a benefits consultant

who serves Louisiana employers that offer health benefits,

has provided some answers. Keep in mind that a specific plan

or company may have language or contractual agreements

that govern that plan. A municipality should always consult

with its broker and health plan language to determine

specific coverage and plan details. Below is guidance on the

general rules and does not address individual plan language

or agreements.

Q: As a municipality is deciding on layoffs versus furloughs,

how does that decision affect an employee’s

health insurance options?

A: A municipality should contact their health plan broker to determine

if the specific plan will allow a furloughed employee to

remain on the group health plan during the furlough. The terms

of the plan documents will determine who may be considered

covered by a group health plan and the extent to which health

coverage may be continued. Generally, employees must be considered

as full-time and active in order to be eligible for benefits.

So, if they are laid off with no plans to be rehired, coverage must

be cancelled per the plan rules. But if they are being furloughed

and will be rehired within 13 weeks (26 weeks for educational

institutions), then coverage can be reinstated.

Q: If a furloughed employee returns to work, what would

be the health plan re-enrollment date, and how can determining

that date help an employer reduce their cost?

A: Depending on the return-to-work date, the reinstatement can

be made retroactive to the date the employees lost coverage.

Alternatively, they can be re-enrolled on the first billing date

following their return to work (if within 13 weeks) or required

to serve the normal new-hire waiting period. A gap in coverage

potentially represents premium savings for the employer. A loss

of coverage creates a special enrollment event for employees to

obtain an individual policy to bridge the gap until they can be

reenrolled.

Q. What is the result if the municipality decides to keep

an employee on the payroll but to reduce the number of

hours an employee works? Is there a minimum number

of hours a week that an employee must work to maintain

health benefits?

A: Under the Affordable Care Act (ACA), a full-time employee

is one who works at least 30 hours per week or 130 hours per

month. There are additional guidelines within the ACA for “variable

hour employees” (VHE), and their eligibility for benefits is

determined by the employer using a lookback period (usually 12

months) to measure the monthly average of hours worked. The

key is to treat all VHE employees the same way when determining

eligibility based on hours worked.

Q: In the case of a furlough, does the employer have to

set a rehire date up front?

A: In my opinion, if an employer has a definite rehire date on the

calendar, and that date is within 13 weeks of the furlough date,

then some discretion about canceling benefits and deciding on

a reinstatement date may be in order. For example, if an employer

plans to rehire an employee within 30 days, and then reinstates

coverage retroactive to the date benefits were canceled,

the process can create unnecessary complications with billing,

claims, and access to care. Consulting with a broker is a good

idea before canceling employee benefits during these uncertain

times.

Q: How long does an employee have to elect COBRA and/

or the ACA health exchange? Any other options?

A: Employers with 20 or more employees generally offer COBRA

(continuation of benefits for former employees and their eligible

dependents) at the full premium cost for up to 18 months or

up to 36 months in certain cases. Terminated employees must

opt-in within 60 days of the notice of plan termination; and

coverage is effective on the first date coverage was lost. Likewise,

terminated employees have 60 days to apply for an individual

policy, either directly with a carrier or via Healthcare.gov. For

employers with fewer than 20 employees, Louisiana COBRA

(a.k.a. State Continuation) is an option, but the opt-in timeframe

and coverage period are shorter, and there are other limitations

that make it different from COBRA.

Page 16

LMR | May 2020

Feature

Q: What’s the best way to determine

which type of individual coverage to

select?

A: When deciding to apply for individual

benefits under COBRA, Louisiana COBRA,

Healthcare.gov, or directly with an insurance

carrier, numerous variables must

be considered. One should take into

account a person’s age; health status;

availability of coverage under a spouse

or parent; availability of Health Savings

Account funds (which can be used to pay

COBRA premiums); prospects for future

employment; availability of a subsidy;

or eligibility for Medicare or Medicaid.

Individuals can find answers on IRS.

gov and other online resources, but the

information can be overwhelming. A

broker can help simplify things and assist

with determining which coverage option

would best meet the unique needs of

each individual.

I would like to thank Bonnie Martin for

answering these questions. Bonnie

has many years of service with health

insurance providers in Louisiana and

Texas and is currently a broker with

The HR Dept., Inc. with offices in Baton

Rouge and Shreveport. She can be

contacted at 318-347-0938 or by email

at bonnie@hrdeptinc.com.

Please note that a municipality should

always consult with its own attorneys

and benefits consultants as the terms

of specific plans and benefits will vary

in each case. The language in the

plan documents will determine who

may be considered eligible by a group

health plan and the extent to which

health coverage may be continued.

For municipalities that are self-insured,

greater flexibility is available but clear

guidelines should be established and

applied. Given the unique and unprecedented

COVID-19 situation, a municipality

may also consider asking the

group health insurance provider for a

special circumstance or provision not

otherwise available.

88%

of Americans

are concerned that

coronavirus is going to

drastically affect their

local economy

AMERICA’S CITIES NEED AID NOW

LOCAL GOVERNMENTS HAVE BEEN SUPPORTING THEIR RESIDENTS THROUGH THIS PANDEMIC:

It’s time the

federal

government

supported our

local leaders.

SUPPORT FOR FEDERAL AID

TO LOCAL GOVERNMENTS IS

BIPARTISAN, NATIONAL AND

SPANS DEMOGRAPHICS.

Nearly 100% of cities with

populations above 50,000 will

see a revenue decline this year.

APPROVE OF LOCAL GOVERNMENT

73%

Municipalities

need federal

aid now.

Between 300,000 and 1 million

public-sector workers could be

laid off or furloughed

Registered voters

73%

Democrat

77%

Republican

68%

Independent

CITIES

ESSENTIAL

AFFILIATION:

AGE:

REGION:

70%

Not only are

Americans worried

about the

economy:

45%

are concerned that this

pandemic will directly

impact their jobs.

believe the federal government is directly

responsible for helping local governments

recover from the coronavirus pandemic

REPUBLICAN DEMOCRAT

72% 71%

MILLENNIAL

Americans

agree. 66% 73%

West

68%

Midwest

69%

73%

South

APPROVE OF CONGRESS’ HANDLING

49%

Registered voters

50%

Democrat

of Americans

INDEPENDENT

68%

Northeast

69%

More Americans

agree the way their

local government is

handling the spread of

COVID-19 is better than

how Congress is.

Methodology: This data is based off review of census and municipal salary data, and secondary research from the National League of Cities that extrapolated public statements, records and news articles on municipal layoffs and furloughs.

Methodology: A total of 2,463 cities, towns and villages responded to the survey, with final responses received on April 7, 2020. 2,191 of the cities are under 50,000 population; 181 are between 50,000 and 199,999; 56 are between

200,000 and 499,999; and 35 have a population of 500,000 and above -- a group that includes 19 of the nation’s 20 largest cities. The survey cities represent 57% of the nation’s municipal finance sector and 10% of its municipal

governments. Their population totals 93,015,252, which is 28% of total U.S. population.

*SURVEY DATA BY MORNING CONSULT

Methodology: This poll was conducted between April 24-April 26, 2020 among a national sample of 1984 Registered Voters. The interviews were conducted online and the data were weighted to approximate a target sample of Registered

Voters based on age, educational attainment, gender, race, and region. Results from the full survey have a margin of error of plus or minus 2 percentage points.

**SURVEY DATA BY MORNING CONSULT + POLITICO

Methodology: This poll was conducted between April 24-April 26, 2020 among a national sample of 1991 Registered Voters. The interviews were conducted online and the data were weighted to approximate a target sample of Registered

Voters based on age, educational attainment, gender, race, and region. Results from the full survey have a margin of error of plus or minus 2 percentage points.

https://morningconsult.com/2020/04/29/coronavirus-funding-poll-state-local-governments/

GEN X

54%

Republican

40%

Independent

BOOMERS

73%


White House Guidelines for Opening Up America Again

The following is an excerpt from guidance released by the White House and CDC

on a phased reopening. Visit www.whitehouse.gov to download and review the

full document.

Proposed State or Regional Gating Criteria

(Satisfy Before Proceeding to Phased Opening)

SYMPTOMS

Downward trajectory of

influenza-like illnesses (ILI)

reported within a 14-day

period

AND


COVID-like syndromic cases

reported within a 14-day

period

CASES


documented cases within a

14-day period

OR


positive tests as a percent of

total tests within a 14-day

period (flat or increasing

volume of tests)

HOSPITALS

Treat all patients without

crisis care

AND

Robust testing program in

place for at-risk healthcare

workers, including emerging

antibody testing

Guidelines Guidelines for All for Phases: All Phases: Individuals Individuals

CONTINUE TO PRACTICE GOOD HYGIENE

CONTINUE TO PRACTICE GOOD HYGIENE

Wash your hands with soap and water or use hand sanitizer, especially after touching frequently

used items

!

or surfaces.

Wash your hands with soap and water or use hand sanitizer, especially after touching

Avoid touching your face.

Sneeze frequently or cough into used a tissue, items or the surfaces. inside of your elbow.

Disinfect ! Avoid frequently touching used your items face. and surfaces as much as possible.

Strongly ! Sneeze consider or cough using face into coverings a tissue, or while the in inside public, of and your particularly elbow. when using mass transit.

PEOPLE WHO ! Disinfect FEEL SICK frequently SHOULD STAY used HOME items and surfaces as much as possible.

Do ! not Strongly go to work consider or school. using face coverings while in public, and particularly when using mass

Contact

transit.

and follow the advice of your medical provider.

Continue to adhere to State and local guidance as well as complementary CDC guidance, particularly with respect to

face coverings. PEOPLE WHO FEEL SICK SHOULD STAY HOME

! Do not go to work or school.

Guidelines for All Phases: Employers

! Contact and follow the advice of your medical provider.

Develop and implement appropriate policies, in accordance with Federal, State, and local regulations and

Continue guidance, to adhere and informed to State by and industry local best guidance practices, as well regarding: as complementary CDC guidance, particularly

with respect Social to face distancing coverings. and protective equipment

Temperature checks

Testing, isolating, and contact tracing

Guidelines for All Phases: Employers

Sanitation

Page 18

LMR | May 2020

return ! to Testing, work until isolating, cleared and by contact a medical tracing provider.

! Sanitation

Develop ! Use and and implement disinfection policies of common and procedures and high-traffic for workforce areas contact tracing following

employee ! Business COVID+ travel test.

Feature

Monitor Use and workforce disinfection for of indicative common and symptoms. high-traffic Do areas not allow symptomatic people to physically

return Business to work travel

Phase One (INDIVIDUALS)

until cleared by a medical provider.

Monitor workforce for indicative symptoms. Do not allow symptomatic people to physically return to work

until Develop and implement policies and procedures for workforce contact tracing following

ALL cleared VULNERABLE by a medical INDIVIDUALS provider. should continue to shelter in place. Members of households

Develop

employee COVID+ test.

with and vulnerable implement residents policies should and procedures be aware for that workforce by returning contact to tracing work or following other environments

employee COVID+

test. where distancing is not practical, they could carry the virus back home. Precautions should be

taken to isolate from vulnerable residents.

Phase One (INDIVIDUALS)

All individuals, WHEN IN PUBLIC (e.g., parks, outdoor recreation areas, shopping areas), should

ALL VULNERABLE INDIVIDUALS should continue to shelter in place. Members of households

ALL VULNERABLE

maximize physical

INDIVIDUALS

distance

should

from others.

continue

Social

to shelter

settings

in place.

of more

Members

than 10

of

people,

households

where

with vulnerable

appropriate residents

with vulnerable

should distancing residents

be aware may that

should not by be be

returning practical, aware

to

that should work

by returning

or be other avoided environments

to work unless or precautionary other

where

environments

distancing measures is not

practical, are where observed. they distancing could carry is not the practical, virus back they home. could Precautions carry the should virus back be taken home. to Precautions isolate from should vulnerable be

residents. taken to isolate from vulnerable residents.

All individuals, Avoid SOCIALIZING WHEN IN PUBLIC in groups (e.g., of more parks, than outdoor 10 people recreation in circumstances areas, shopping that areas), do not should readily maximize allow

physical for All individuals, appropriate distance from WHEN physical others. IN distancing Social PUBLIC settings (e.g., (e.g., parks, of receptions, more outdoor than 10 trade recreation people, shows) where areas, appropriate shopping areas), distancing should may

not be maximize practical, physical should be distance avoided from unless others. precautionary Social settings measures of more are than observed. 10 people, where

Avoid MINIMIZE appropriate SOCIALIZING NON-ESSENTIAL distancing in groups may of more TRAVEL not be than practical, and 10 people adhere should in to circumstances CDC be avoided guidelines unless that regarding do precautionary not readily isolation allow measures following for appropriate

travel. are observed. physical distancing (e.g., receptions, trade shows)

MINIMIZE NON-ESSENTIAL TRAVEL and adhere to CDC guidelines regarding isolation following travel.

Avoid SOCIALIZING in groups of more than 10 people in circumstances that do not readily allow

Phase One

for appropriate

(EMPLOYERS)

physical distancing (e.g., receptions, trade shows)

MINIMIZE NON-ESSENTIAL TRAVEL and adhere to CDC guidelines regarding isolation following

Continue to ENCOURAGE TELEWORK, whenever possible and feasible with business operations.

Continue travel. to ENCOURAGE TELEWORK, whenever possible and feasible with business operations.

If possible, If possible, RETURN RETURN TO WORK TO WORK IN PHASES. IN PHASES.

Close COMMON AREAS where personnel are likely to congregate and interact, or enforce strict social

distancing

Close

protocols.

COMMON AREAS where personnel are likely to congregate and interact, or enforce strict

Phase Strongly One social

(EMPLOYERS)

distancing consider SPECIAL protocols. ACCOMMODATIONS for personnel who are members of a

Minimize NON-ESSENTIAL TRAVEL and adhere to CDC guidelines regarding isolation following travel.

VULNERABLE

Strongly Continue consider to ENCOURAGE POPULATION.

Minimize NON-ESSENTIAL SPECIAL ACCOMMODATIONS TELEWORK, TRAVEL and whenever adhere for personnel to possible CDC guidelines who and are feasible members regarding with of a isolation business VULNERABLE following operations. POPU-

LATION.

travel. If possible, RETURN TO WORK IN PHASES.

Phase One Close (SPECIFIC COMMON TYPES AREAS OF EMPLOYERS) where personnel are likely to congregate and interact, or enforce strict

social distancing protocols.

SCHOOLS

SCHOOLS

AND

AND

ORGANIZED

ORGANIZED

YOUTH

YOUTH

ACTIVITIES

ACTIVITIES

(e.g., daycare,

(e.g., daycare,

camp) that

camp)

are

that

currently

are currently

closed should

closed

remain

closed. should Minimize remain NON-ESSENTIAL closed. TRAVEL and adhere to CDC guidelines regarding isolation following

VISITS travel. TO SENIOR LIVING FACILITIES AND HOSPITALS should be prohibited. Those who do interact with residents

VISITS and patients TO SENIOR must LIVING adhere FACILITIES to strict protocols AND HOSPITALS regarding hygiene. should be prohibited. Those who do

LARGE interact VENUES with (e.g., residents sit-down and dining, patients movie must theaters, adhere sporting to strict venues, protocols places regarding of worship) hygiene. can operate under

strict physical distancing protocols.

LARGE VENUES (e.g., sit-down dining, movie theaters, sporting venues, places of worship) can

ELECTIVE SURGERIES can resume, as clinically appropriate, on an outpatient basis at facilities that adhere to

CMS operate guidelines. under strict physical distancing protocols.

GYMS ELECTIVE can open SURGERIES if they adhere can resume, to strict physical as clinically distancing appropriate, and sanitation protocols. outpatient BARS basis should at facilities remain

closed.

that adhere to CMS guidelines.

GYMS can open if they adhere to strict physical distancing and sanitation protocols. BARS should

remain closed.


The National League of Cities launched the Cities Are

Essential campaign to secure economic relief for the

communities on the frontline of America’s response

to the novel coronavirus. The call is simple: We need

$500 billion in direct federal aid for local governments

over the next two years to support the communities

that support America’s people.

The campaign launch comes after NLC’s research

estimates found that up to one million municipal

employees could face layoffs or furloughs due to

plummeting revenues and crippled local budgets.

The LMA recently collaborated with the Louisiana

Legislative Auditor’s Office to compile the fiscal

effects of the COVID-19 pandemic on local government

revenues. The average estimated total over FY20 and

FY21 is over $787 million in lost property taxes, sales

taxes, and mineral revenue. This estimated loss total

does not include other revenue bases such as selfgenerated

revenue from traffic enforcement, other

fines, or fees. The LMA would like to thank Legislative

Auditor Daryl Purpera and LLA Economist Edward P.

Seyler for their inclusive collaboration on this project.

If you have any questions, Mr. Seyler may be reached at

ESeyler@LLA.la.gov.

Send letters to our Congressmembers, make noise

on social media, and write an Op-Ed. We need to

partner together to help Louisiana and our fellow

American municipalities bounce back. Help us

amplify the message on Twitter, Facebook, LinkedIn,

and Instagram using the hashtag #CitiesAreEssential.

Let’s tell Washington why we can’t wait any longer

for federal support – the future of city services,

the municipal workforce, and our local economies

depend on it.

Page 20

LMR | May 2020

Feature

Bossier: 1

Ouachita: 2

Tensas: 1

Avoyelles: 1

Rapides: 1

Lafayette: 2

Calcasieu: 1

Baton Rouge: 10

Tangipahoa: 1

New Orleans: 1

Mississippi: 1

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CONTINUED FROM PAGE 9: LEGISLATION

The biggest fiscal relief package yet came just over a week later

when Congress passed HR 748, the Coronavirus Aid, Relief, and

Economic Security Act on March 27 (known as the CARES Act). This

$2 trillion coronavirus relief bill is 883 pages long and contains a

multitude of funding mechanisms, mostly aimed at helping small

businesses and their employees. For example, the bill:

• Provided a $1,200 direct payment to taxpayers with $500

for each dependent child for those individuals making

less than $75,000 per year

• Enacted an optional refundable employer payroll tax

credit of 50% of wages on the first $10,000 of wages per

employee

• Added $600/week to unemployment benefits for four

months

• Provided for advances on Economic Injury Disaster Loans

for small businesses up to $10,000

• Created the Paycheck Protection Program comprised of

forgivable loans to bolster continued payroll

• Provided debt relief through payment of all principal, interest,

and fees on SBA loans for six months

• Delayed payroll tax payments for employers until 2021

and 2022, after which employers will have two years to

pay back those taxes

For local governments, the highlight of the CARES Act was the creation

of the $150-billion Coronavirus Relief Fund for state, local and

tribal governments. Based on the per capita distribution, Louisiana

received $1.8 billion with 45% of that slated for local government

entities. The population threshold for direct access under the bill

is 500,000, so all funding allocations must flow through the state.

For weeks, state administration and local governments awaited

guidance from the US Department of Treasury on the scope of allowable

expenditures for that $1.8 billion. On April 22, USDT finally

issued those guidelines, which enabled the administration to develop

funding formularies and processes (at publication, there had

been • no Provided announcement for regarding advances the on same). Economic The USDT Injury guidance Disaster Lo

indicates $10,000 that though funds may be used to respond directly to the

emergency and to second-order effects of the emergency, funds

• Created the Paycheck Protection Program comprised

may not be used to fill shortfalls in government revenue or to cover

non-related expenditures. USDT provided long, non-exclusive

continued payroll

• Provided debt relief through payment of all principal, int

lists of examples of eligible and ineligible expenses, which may be

found at six https://home.treasury.gov.

months

• Delayed payroll tax payments for employers until 2021 a

It’s also important to note that the CARES Act contains several

will have two years to pay back those taxes

other potential funding sources that may benefit municipal governments,

either directly or indirectly: $45 billion from the Disaster

For local governments, the highlight of the CARES Act was

Relief Fund; $1.4 billion for National Guard deployments for the

Coronavirus Relief Fund for state, local and tribal governme

next six months to bolster state and local response efforts; $4.3

distribution, Louisiana received $1.8 billion with 45% of th

billion, thorough the Centers for Disease Control and Prevention,

entities. to support federal, The population state and local threshold public health for agencies; direct access $25 under the

allocations billion for transit must systems flow via through existing the formulas; state. $400 million in

election security grants to prevent, prepare for, and respond to

For coronavirus weeks, in the state 2020 administration federal election cycle; and and local Municipal governments aw

Department Liquidity Facility of options. Treasury on the scope of allowable expenditures

22,

gui

adm

For local governments, the highlight of the form

pub

CARES Act was the creation of the $150-billion

ann

Coronavirus Relief Fund for state, local and The

tribal governments. Louisiana received $1.8 tho

resp

billion with 45% of that slated for local

and

government entities.

eme

to

The next relief package was dubbed, “Stimulus 3.5,” since it combined

an expansion of the Paycheck Protection Program (from the

revenue or to cover non-related expenditures. USDT provid

examples of eligible and ineligible expenses, which may be foun

CARES Act) and allocated another $100B for health care providers

and others for COVID-19 related services and testing. On April 23,

It’s also important to note that the CARES Act contains several

Congress passed HR 266, the Paycheck Protection Program and

that

Health

may

Care

benefit

Enhancement

municipal

Act. The

governments,

expansion of

either

the Paycheck

directly or i

Disaster Protection Relief Program Fund; (PPP) allowed $1.4 billion for an additional for National $310 billion Guard in deploym

bolster available state funds, and increasing local response the total amount efforts; under $4.3 the billion, PPP from thorough

and $349 Prevention, billion to $659 to billion. support Of the federal, additional state amounts and local available public health

systems for loans, $30 via billion existing was formulas; set aside for $400 loans million made by in Insured election Depository

respond Institutions to coronavirus and Credit Unions in the that 2020 have federal assets election between cycle; a

security

and

options. $10 billion and $50 billion, and $30 billion was set aside for loans

made by Community Financial Institutions, Small Insured Depository

Institutions, next relief and package Credit Unions was dubbed, with assets “Stimulus of less than 3.5,” $10 since it

The

Paycheck billion. Protection Program (from the CARES Act) and allo

care The legislation providers also and included others an for expansion COVID-19 of the related Economic services Injury

Disaster HR Loss 266, (“EIDL”) the Paycheck program, increasing Protection the available Program funds and Health

and

passed

thereunder from $10 billion to $20 billion. It also provided an

expansion of the Paycheck Protection Program (PPP) allowed f

additional $50 billion for the Disaster Loans Program Account,

which is the Small Business Administration’s broader disaster loan

Page 22

LMR | May 2020

ount under the

illion. Of the

s, $30 billion

ed Depository

program. Additionally,

agricultural enterprises

(as defined in the Small

Business Act), are now

eligible for EIDL grants

and loans.

t have assets

nd $30 billion

Community

d Depository

assets of less

Lastly, the measure

provided for another

$100 billion in Dept.

of Health and Human

Services (HHS)

funding for various

health care providers

generally and others

engaged in health care

services and testing

for COVID-19. This includes

$750 million for

local governments to

scale-up testing, with

$4.25 billion allocated

ansion of the

L”) program,

der from $10

an additional

ram Account,

ministration’s

Additionally,

in the Small

DL grants and

to areas based on relative numbers of COVID-19 cases.

her $100 billion in Dept. of Health and Human Services

e providers generally and Pending others Legislation engaged in health care

his includes As Congress $750 continues million for to debate local governments potential additional to scaleto

areas

funding

legislation,

based on

the

relative

LMA is

numbers

engaging our

of COVID-19

membership and

cases.

collaborating

with other local government organizations to advocate for

solutions to the fiscal crises facing local governments.

ending Legislation

So much legislative focus

has been on shoring up

small businesses and

employees, which is a

laudable goal; however,

that investment is

meaningless if the local

governments who

provide sanitation,

infrastructure, social

services, and fire and

police protection are

bankrupt.

A recent fiscal impact study revealed that Louisiana’s municipalities

lost an average of 26% of their typical sales tax revenue in

March, a number that is expected to grow in April, since initial

surge purchasing has subsided. Congressman Joe Neguse introduced

the Coronavirus Community Relief Act (HR 6467) on April

7, a measure that creates a separate $250 billion stand-alone

fund for COVID-19 related costs for communities with fewer than

500,000 residents. Senator Bill Cassidy, who has been a constant

champion for Louisiana’s local governments, has assembled proposed

legislation named the State and Municipal Aid for Recovery

and Transition (SMART) Fund, which is a bipartisan effort

with Senator Bob Menendez that was formally introduced when

Congress reconvened on May 4.

ntial additional funding legislation, the LMA is engaging

th other local government organizations to advocate for

l governments.

that Louisiana’s municipalities lost an average of 26% of

h, a number that is expected to grow in April, since initial

ongressman Joe Neguse introduced the Coronavirus

April 7, a measure that creates a separate $250 billion

costs for communities with fewer than 500,000 residents.

onstant champion for Louisiana’s local governments, has

ed the State and Municipal Aid for Recovery and

a bipartisan effort with Senator Bob Menendez that was

onvened on May 4.

The SMART Fund legislation would build upon the above-referenced

funding in the CARES Act by an additional $500 billion,

expanding eligibility to include parishes and municipalities

with populations of 50,000 or greater (as opposed to 500,000).

It would also give flexibility for state and local governments to

use the funds to fill revenue losses due to the outbreak, while

targeting additional funding toward coronavirus hot zones. That

funding would be delivered in three equal tranches: 1/3 based on

population size; 1/3 based upon the number of COVID-19 cases

relative to the U.S. population; and 1/3 based upon state revenue

losses relative to pre-COVID-19 projections.

uild upon the above-referenced funding in the CARES Act

ng eligibility to include parishes and municipalities with

posed to 500,000). It would also give flexibility for state

Feature

There are also discussions led by Congressman Brad Schneider

about making allowance for governmental employers to benefit

from reimbursements or offsets for mandatory leave payments

issued pursuant to the FFCRA, but no legislation has been filed

yet in that regard.

In the absence of viable, accessible, and flexible federal funding,

municipalities have been forced to consider layoffs, furloughs,

and workforce reductions – not to mention increases in administrative

fees and utility rates – in order to continue essential municipal

services. So much legislative focus has been on shoring

up small businesses and employees, which is a laudable goal;

however, that investment is meaningless if the local governments

who provide sanitation, infrastructure, social services, and fire

and police protection are bankrupt. Everyone has a desire to see

economic recovery at all levels when the pandemic has subsided,

and local governments are a critical part of ensuring that fiscal

revival.

We encourage you to engage your federal and state legislators

and to let them know the challenges that you are facing. As we

continue to work diligently to advocate on behalf of our members,

please visit our dedicated COVID-19 page at www.lma.org

and stay tuned for updates through our website, e-newsletters,

social media, and printed publications.

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LMR | May 2020

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