FABICK V. EVERS DECISION AND IMPACT ON COUNTIES
On Wednesday, March 31, 2021, the Wisconsin Supreme Court issued a decision in the case Fabick v. Evers. As you may recall, the case involved a challenge to the Governor’s ability to declare successive states of emergency based upon similar underlying emergency conditions – i.e., the COVID-19 pandemic. Essentially, Mr. Fabick asked the Court to declare the Governor’s […]
Q & A: Virtual Meetings Policies and Best Practices
With the onset of the COVID-19 pandemic, and particularly following the various county emergency orders the pandemic necessitated, many county boards moved their board and committee meetings to a virtual platform. While some in-person meetings have resumed, several counties continue to conduct at least some of their meetings virtually in light of current health and […]
2021 Senate Joint Resolution 3: Terminating COVID-19 Public Health Emergency
On January 19, 2021, Governor Evers issued Emergency Order #104 (“EO #104”) declaring a public health emergency due to the ongoing COVID-19 pandemic. EO #104 is the latest in a series of Executive Orders dating back to July 30, 2020 that were primarily intended to impose a face covering mandate throughout the state. Each Executive […]
COVID-19 Legal Resources: Q&A, Sample Resolutions, Templates, Legal Updates
Working alongside the Wisconsin Counties Association, WCA General Counsel von Briesen & Roper, s.c. has created a series of legal updates, some in a Q & A format, on various topics. As they are released, they will be added to this page.
Q and A: Election Recount Processes and Procedures During a Pandemic
In light of the close presidential election results in Wisconsin, county and municipal clerks throughout the state are preparing for a potential election recount. The Wisconsin Counties Association and its general counsel, von Briesen & Roper, s.c., have received many questions surrounding election recount procedures, particularly surrounding what safety measures may be implemented in light of the ongoing pandemic.
WCA Public Health Guidance; Supplemental Guidance Released
The Wisconsin Counties Association has released “Guidance in Implementing Regulations Surrounding Communicable Diseases: An Analysis of Local Health Department and Local Health Officer Powers, Duties, and Enforcement Actions.”
Temporary Restraining Order Prohibits DHS From Enforcing Emergency Order #3
On October 14, 2020, the Sawyer County Circuit Court issued a temporary restraining order that prohibits DHS and its agents from enforcing Emergency Order #3. Learn more and see the new “Supplement to Guidance: Enforcement of Local Health Orders Utilizing Process Set Forth in Administrative Code.”
Governor Evers Directs Department of Health Services to Limit Indoor Public Gatherings
On October 6, 2020, Governor Tony Evers directed Department of Health Services (DHS) Secretary-designee Andrea Palm to issue Emergency Order #3 limiting public gatherings to no more than 25 percent of a room or building’s total occupancy.