Coronavirus (COVID-19) Information

Revised MACo Operational & Workplace Guidance  (Revised 11/19/2020)

The information below provides counties, boards, and commissions with guidelines on preparing for and responding to issues and questions related to the novel coronavirus (COVID-19). These guidelines may be adjusted as we continue to learn more about the spread and impacts of COVID-19. We encourage you to develop your own guidelines and policies in cooperation with your local health officials and resources and only offer this as a template for your consideration. PLEASE NOTE THAT FEDERAL AND STATE GUIDANCE IS CHANGING RAPIDLY, so the links in the document should be used regularly.

Additional Guidance

• Guidance on Use of Public Facilities During Phased Reopening (Issued May 5, 2020)
• Guidance Document:  Coordination with Public Health Office & Law Enforcement (Issued March 17th)
  (Cooperatively Created by MSPOA, AMPHO, and MACo)
• State Personnel Guidance Does NOT Apply to Local Government Employees (Updated March 24th)
• Governor’s Directive Providing Flexibility to Local Governments (Issued March 24th)
  (Providing for measures to give local governments the flexibility needed to adhere to social distancing guidelines)
• Guidance Document:  Employee Leave (Updated March 31st)
• Guidance Document: Essential Services & Continuity of Operations (Issued March 27th)
  – CISA’s Guidance on the Essential Critical Infrastructure Workforce (Revised April 20th)
  – CISA Version 3.0 Identifying Critical Infrastructure During COVID-19 (Revised April 17th)
• Attorney General Letter of Advice Regarding Open Public Meetings During Emergency (Issued March 27th)
• Guidance on First Responder Directive

COVID-19 Vaccine Availability & Resources

Local public health departments are working closely with vaccination providers in each community to deliver COVID-19 vaccine. Currently, supplies of vaccine are limited and viewing the specific sites below will help you determine availability in your area.

Vaccine Availability by County

Montana’s Vaccine Allocation Plan

Important Changes to Program & Supplemental Guidance

Effective Immediately

Published November 30, 2020

On November 30th, DOA announced changes from the Governor’s Office to the CARES Local Government Reimbursement Program, which are effective immediately with the 5th reimbursement cycle.  Certain expenses that local governments have already budgeted for—and without a direct or substantial nexus to COVID-19 relief—will not be eligible for reimbursement in the final round (November 1st – December 30th).  Eligible expenses are subject to availability of funds.

Please carefully read the CARES reimbursement supplemental guidance document and memo (below) from the Governor’s Office of Budget and Program Planning. These documents outline important information related to the program changes as well as its conclusion.

How Cycle 5 Will Be Managed

The 5th reimbursement cycle opens January 11th, at which point the cycle 5 forms will be available for your use. A notification will be sent when the application cycle is open. The current forms for reimbursements from 3/1/2020 – 10/31/2020 are accessible on DOA’s webpage. Forms must be submitted by January 22nd.

(Supplemental guidance is for final submission period, November 1 – December 30, and the original guidance is for submission period, 3/1/2020 – 10/31/2020)

Questions Regarding Reimbursements?

Please contact the Local Government Services Bureau
at lgsportalregistration@mt.gov or (406) 444-9101.

Other CARES Act Dollars

If you’d like to check out how the $1.25 billion in CARES Act funding that Montana received is being spent, the Montana Department of Commerce is tracking the distribution of the funds here. They will update this new dynamic dashboard weekly until all grant dollars have been awarded.

The Phased Approach to Reopening Montana is No Longer in Force

(Issued 02/12/2021)

On February 12, 2021, Governor Gianforte issued Directive-2-12-2021-EO to implement Executive Order No. 2-2021. The directive states, “the phased approach to reopening Montana is no longer in force.”

1. Anaconda-Deer Lodge County Emergency Declaration
2. Big Horn County Emergency Declaration
3. Blaine County Disaster Declaration
   – Public Notice
4. Broadwater County Emergency Declaration
   – Press Release
   – Guidelines for County Employees
5. Carbon County Emergency Declaration
6. Carter County Disaster Declaration
7. Cascade County Emergency Proclamation
   – Word Doc for Possible Template
   – Press Release
8. Custer County Emergency Declaration
9. Daniels County Emergency Declaration
10. Dawson County Emergency Resolution
    (Does NOT Declare Emergency–This RECOGNIZES an emergency, closes nonessential departments, and waives sick/vacation for nonessential employees.)
    – Word Doc for Possible Template
11. Fallon County Disaster Declaration
    –  Closure of Courthouse & County Buildings
12. Gallatin County Emergency Declaration
13. Garfield County Emergency Declaration
14. Glacier County Emergency & Disaster Declarations (linked below)
    – Emergency Declaration
    – Disaster Declaration
15. Golden Valley County Disaster Declaration
    – Courthouse & County Buildings Operations
16. Granite County Emergency Declaration
17. Hill County Emergency Declaration
18. Jefferson County Emergency Declaration (nothing received as of yet)
    – Public Access to County Offices & Buildings
19. Lake County Emergency Declaration
20. Lewis & Clark County Emergency Declaration
    – Word Doc for Possible Template
    – Message to County Employees
21. Liberty County Disaster Declaration
22. Madison County Emergency Declaration
23. McCone County Disaster Declaration
24. Meagher County Emergency Declaration
25. Mineral County Emergency Declaration
26. Missoula County Emergency Proclamation
27. Musselshell County Disaster Declaration
28. Park County Emergency Declaration
29. Petroleum County Emergency Declaration
30. Phillips County Emergency Declaration
31. Pondera County Emergency Declaration
    – Public Access to the Courthouse
32. Powder River Emergency Declaration
33. Powell County Disaster Declaration
    – Word Doc for Possible Template
34. Prairie County Emergency/Disaster Declaration (Announcement NOT Resolution)
35. Ravalli County Emergency Proclamation
36. Richland County Emergency Declaration
37. Rosebud County Emergency Declaration
    – Closure of Courthouse & County Buildings
38. Roosevelt County Emergency Declaration
    – Public Notice
39. Sanders County Emergency Declaration (nothing received as of yet)
    – Mailing Regarding Courthouse & Office Operations
40. Sheridan County Emergency Declaration
41. Stillwater County Emergency Declaration (Jointly with the City of Columbus)
42. Sweet Grass County Emergency Declaration
    – Word Doc for Possible Template
43. Teton County Emergency Declaration
    – Closure of Courthouse & County Buildings
44. Tool County Emergency Declaration
45. Treasure County Emergency Declaration
46. Valley County Emergency Declaration
47. Wibaux County Emergency & Disaster Declarations (linked below)
    – Emergency Declaration
    – Disaster Declaration
    – Closure of Courthouse & County Buildings
48. Yellowstone County Emergency Declaration (Jointly with City of Billings)

1. Big Horn County Order of Public Health Officer
2. Blaine County Order of Public Health Officer
   – Press Release
3. Broadwater County Board of Health 
4. Butte-Silver Bow County Order of Public Health Officer
   – Order of Health Officer Regarding Community Closures
   – Order of Health Officer Regarding Quarantine & Isolation
   – Order of Health Officer Regarding Local Government Offices
   – Order of Health Officer Regarding Businesses
5. Carbon County Order of Public Health Officer
6. Lewis & Clark County Order of Public Health Officer
7. Madison County Notice of Order to Close
8. Pondera County Emergency Health Order
9. Stillwater County Order of Public Health Officer
10. Yellowstone County Order of Public Health Officer

Title 7 (MCA) are the statutes that encompass the laws for local governments (both cities and counties).

Below are statutes from specific to counties.  (Click here to view statutes for all of Title 7.)

General Authority Of County Commissioners

7-5-2101. General authority of county commissioners.

(1) The board of county commissioners has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to represent the county and have the care of the county property and the management of the business and concerns of the county in all cases where no other provision is made by law.
(2) The board has jurisdiction and power, under such limitations and restrictions as are prescribed by law, to perform all other acts and things required by law not enumerated in this title or which may be necessary to the full discharge of the duties of the chief executive authority of the county government.

Authorization To Transfer Funds For Emergency Relief

7-31-2101. Authorization to transfer funds for emergency relief.
Whenever the governor issues a proclamation declaring that an emergency exists in any county requiring the relief of suffering of the inhabitants caused by famine, destitution, conflagration, or other public calamity, the board of county commissioners of the county may transfer to the proper fund to be used for purposes of relief any money in any other fund or funds of the county, but money belonging to any bond sinking or interest fund or any school fund may not be transferred. The governor shall in the proclamation state the facts upon which the emergency is declared and shall specifically limit the time during which the transfers may be made.

County Offices

7-4-2211. County offices.

(1) All county officers, except justices of the peace as set forth in 3-10-101, must keep their offices at the county seat.

(2) (a) The sheriff, the county clerk, the clerk of the district court, the treasurer, the county attorney, the county auditor in counties in which that officer is maintained, and the county assessor shall keep their offices open for the transaction of business during the office hours determined by the governing body by resolution after a public hearing and only if consented to by any affected elected county officer, every day in the year except legal holidays and Saturdays.

(b) This subsection (2) does not apply to counties operating under the county manager plan.

Please see the Title 10 statutes below for information regarding the 2-mill emergency levy. 

Title 10 (MCA) are the statutes that encompass the laws for disaster & emergency services (as well as military affairs).

Below are the statutes specific to local governments.  Click here to view statutes for all of Title 10.

Definitions

10-3-103. Definitions. As used in parts 1 through 4 of this chapter, the following definitions apply:
(1) ”All-hazard incident management assistance team” means a team that includes any combination of personnel representing local, state, or tribal entities that has been established by the state emergency response commission provided for in 10-3-1204 for the purpose of local incident management intended to mitigate the impacts of an incident prior to a disaster or emergency declaration.
(2) ”Civil defense” means the nuclear preparedness functions and responsibilities of disaster and emergency services.
(3) ”Department” means the department of military affairs.
(4) ”Disaster” means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or artificial cause, including tornadoes, windstorms, snowstorms, wind-driven water, high water, floods, wave action, earthquakes, landslides, mudslides, volcanic action, fires, explosions, air or water contamination requiring emergency action to avert danger or damage, blight, droughts, infestations, riots, sabotage, hostile military or paramilitary action, disruption of state services, accidents involving radiation byproducts or other hazardous materials, outbreak of disease, bioterrorism, or incidents involving weapons of mass destruction.
(5) ”Disaster and emergency services” means the preparation for and the carrying out of disaster and emergency functions and responsibilities, other than those for which military forces or other state or federal agencies are primarily responsible, to mitigate, prepare for, respond to, and recover from injury and damage resulting from emergencies or disasters.
(6) ”Disaster medicine” means the provision of patient care by a health care provider during a disaster or emergency when the number of patients exceeds the capacity of normal medical resources, facilities, and personnel. Disaster medicine may include implementing patient care guidelines that depart from recognized nondisaster triage and standard treatment patient care guidelines determining the order of evacuation and treatment of persons needing care.
(7) ”Division” means the division of disaster and emergency services of the department.
(8) ”Emergency” means the imminent threat of a disaster causing immediate peril to life or property that timely action can avert or minimize.
(9) (a) ”Incident” means an event or occurrence, caused by either an individual or by natural phenomena, requiring action by disaster and emergency services personnel to prevent or minimize loss of life or damage to property or natural resources. The term includes the imminent threat of an emergency.

(b) The term does not include a state of emergency or disaster declared by the governor pursuant to 10-3-302 or 10-3-303.

(10) ”Political subdivision” means any county, city, town, or other legally constituted unit of local government in this state.
(11) ”Principal executive officer” means the mayor, presiding officer of the county commissioners, or other chief executive officer of a political subdivision.
(12) ”Temporary housing” means unoccupied habitable dwellings, suitable rental housing, mobile homes, or other readily fabricated dwellings.
(13) ”Tribal government” means the government of a federally recognized Indian tribe within the state of Montana.
(14) ”Volunteer professional” means an individual with an active, unrestricted license to practice a profession under the provisions of Title 37, Title 50, or the laws of another state.

Local And Interjurisdictional Disaster And Emergency Plan — Distribution

10-3-401. Local and interjurisdictional disaster and emergency plan — distribution.
(1)  Each political subdivision eligible to receive funds under this chapter shall prepare a local or interjurisdictional disaster and emergency plan and program covering the area for which that political subdivision is responsible. This plan shall be in accordance with and in support of the state disaster and emergency plan and program.
(2) The political subdivision shall prepare and distribute on behalf of the principal executive officers, in written form, a clear and complete statement of:

(a) the emergency responsibilities of all local agencies, if any, and officials;
(b) the disaster and emergency chain of command;
(c) local evacuation authority and responsibility; and
(d) local authority and responsibility for control of ingress and egress to and from an emergency or disaster area.

Local Emergency — Declaration And Termination

10-3-402. Local emergency — declaration and termination.
(1)  A local emergency proclamation or disaster declaration may be issued only by the principal executive officer of a political subdivision.
(2) An emergency proclamation may be issued by order or resolution whenever the principal executive officer determines there is an emergency.
(3) An emergency proclamation may terminate with a disaster declaration or when the principal executive officer determines that the emergency no longer exists.

Local Disaster — Declaration And Termination

10-3-403. Local disaster — declaration and termination.
(1) A disaster declaration may be issued by order or resolution whenever the principal executive officer determines a disaster is occurring or has occurred.
(2) A disaster declaration may be terminated when the principal executive officer determines that the disaster conditions no longer exist.

Contents Of Order — Effect

10-3-404. Contents of order — effect.
(1) An order or resolution declaring or terminating a state of emergency or disaster shall indicate the nature of the emergency or disaster, the area threatened, and the conditions which have brought about the proclamation or declaration or which make possible termination of the state of emergency or disaster. Such order or resolution shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and shall be filed promptly with the division and the agency charged with recording the official records of the political subdivision.
(2) The effect of an emergency proclamation or a disaster declaration is to activate applicable parts of the local or interjurisdictional disaster and emergency plan and program and to authorize the furnishing of aid and assistance in accordance with such plans and programs.

Levying Emergency Tax — Disposition Of Surplus

10-3-405. Levying emergency tax — disposition of surplus.
(1) The governing body of the city or town or the governing body of the county, or both, shall estimate expenditures and levy an emergency millage to cover the expenditures. The millage levied by the governing body of the city or town shall not exceed 2 mills on the municipality’s taxable valuation. The millage levied by the governing body of the county shall not exceed 2 mills on the taxable valuation of the county outside the municipalities.
(2) No expenditure of revenue received from the millage shall be made without approval of the appropriate levying body.
(3) An additional levy or levies may be made by the appropriate levying body, providing that the sum of the levies for emergencies as set forth in this section shall not exceed 2 mills in any one year.
(4) All levies under this section may be passed only by a unanimous vote of the appropriate body.
(5) Funds levied for an emergency and remaining when no further expenditures are necessary shall remain in a separate emergency fund and shall be used only for expenditures arising from future emergencies.

Authority Of Principal Executive Officer

10-3-406. Authority of principal executive officer.
(1) Upon the declaration of an emergency or disaster under 10-3-402 or 10-3-403 and the issuance of an order as required by 10-3-404, the principal executive officer may:

(a) direct and compel the evacuation of all or part of the population from an incident or emergency or disaster area within that political subdivision when necessary for the preservation of life or other disaster mitigation, response, or recovery; and
(b) control the ingress and egress to and from an incident or emergency or disaster area and the movement of persons within the area.

(2) Subject to 7-33-2212(4)(a), the authority to control ingress and egress, as provided in subsection (1)(b), includes the authority to close wildland areas to access during periods of extreme fire danger.

Title 50 (MCA) are the statutes that encompass the laws for health & safety–these laws apply when ordering the closure of businesses.

Below are statutes from specific to counties.  (Click here to view statutes for all of Title 50.)

Powers And Duties Of Local Boards Of Health

50-2-116. Powers and duties of local boards of health.
(1) In order to carry out the purposes of the public health system, in collaboration with federal, state, and local partners, each local board of health shall:

(a) appoint and fix the salary of a local health officer who is:

(i) a physician;
(ii) a person with a master’s degree in public health; or
(iii) a person with equivalent education and experience, as determined by the department;

(b) elect a presiding officer and other necessary officers;
(c) employ qualified staff;
(d) adopt bylaws to govern meetings;
(e) hold regular meetings at least quarterly and hold special meetings as necessary;
(f) identify, assess, prevent, and ameliorate conditions of public health importance through:

(i) epidemiological tracking and investigation;
(ii) screening and testing;
(iii) isolation and quarantine measures;
(iv) diagnosis, treatment, and case management;
(v) abatement of public health nuisances;
(vi) inspections;
(vii) collecting and maintaining health information;
(viii) education and training of health professionals; or
(ix) other public health measures as allowed by law;

(g) protect the public from the introduction and spread of communicable disease or other conditions of public health importance, including through actions to ensure the removal of filth or other contaminants that might cause disease or adversely affect public health;
(h) supervise or make inspections for conditions of public health importance and issue written orders for compliance or for correction, destruction, or removal of the conditions;
(i) bring and pursue actions and issue orders necessary to abate, restrain, or prosecute the violation of public health laws, rules, and local regulations;
(j) identify to the department an administrative liaison for public health. The liaison must be the local health officer in jurisdictions that employ a full-time local health officer. In jurisdictions that do not employ a full-time local health officer, the liaison must be the highest ranking public health professional employed by the jurisdiction.
(k) subject to the provisions of 50-2-130, adopt necessary regulations that are not less stringent than state standards for the control and disposal of sewage from private and public buildings and facilities that are not regulated by Title 75, chapter 6, or Title 76, chapter 4. The regulations must describe standards for granting variances from the minimum requirements that are identical to standards promulgated by the board of environmental review and must provide for appeal of variance decisions to the department as required by 75-5-305. If the local board of health regulates or permits water well drilling, the regulations must prohibit the drilling of a well if the well isolation zone, as defined in 76-4-102, encroaches onto adjacent private property without the authorization of the private property owner.

(2) Local boards of health may:

(a) accept and spend funds received from a federal agency, the state, a school district, or other persons or entities;
(b) adopt necessary fees to administer regulations for the control and disposal of sewage from private and public buildings and facilities;
(c) adopt regulations that do not conflict with 50-50-126 or rules adopted by the department:

(i) for the control of communicable diseases;
(ii) for the removal of filth that might cause disease or adversely affect public health;
(iii) subject to the provisions of 50-2-130, for sanitation in public and private buildings and facilities that affects public health and for the maintenance of sewage treatment systems that do not discharge effluent directly into state water and that are not required to have an operating permit as required by rules adopted under 75-5-401;
(iv) subject to the provisions of 50-2-130 and Title 50, chapter 48, for tattooing and body-piercing establishments and that are not less stringent than state standards for tattooing and body-piercing establishments;
(v) for the establishment of institutional controls that have been selected or approved by the:

(A) United States environmental protection agency as part of a remedy for a facility under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq.; or
(B) department of environmental quality as part of a remedy for a facility under the Montana Comprehensive Environmental Cleanup and Responsibility Act, Title 75, chapter 10, part 7; and

(vi) to implement the public health laws; and

(d) promote cooperation and formal collaborative agreements between the local board of health and tribes, tribal organizations, and the Indian health service regarding public health planning, priority setting, information and data sharing, reporting, resource allocation, service delivery, jurisdiction, and other matters addressed in this title.

(3) A local board of health may provide, implement, facilitate, or encourage other public health services and functions as considered reasonable and necessary.

Powers And Duties Of Local Health Officers

50-2-118. Powers and duties of local health officers. 7-31-2101. Authorization to transfer funds for emergency relief.
In order to carry out the purpose of the public health system, in collaboration with federal, state, and local partners, local health officers or their authorized representatives shall:

(1) make inspections for conditions of public health importance and issue written orders for compliance or for correction, destruction, or removal of the condition;
(2) take steps to limit contact between people in order to protect the public health from imminent threats, including but not limited to ordering the closure of buildings or facilities where people congregate and canceling events;
(3) report communicable diseases to the department as required by rule;
(4) establish and maintain quarantine and isolation measures as adopted by the local board of health; and
(5) pursue action with the appropriate court if this chapter or rules adopted by the local board or department under this chapter are violated.

• COVID-19 Emergency Declaration Fact Sheet
• COVID-19 Emergency Declaration Talking Points
• FEMA Coronavirus Rumor Control
• FEMA Coronavirus Response
• Eligible Emergency Protective Measures Fact Sheet for COVID-19 (03/19/20)
• Declaration Criteria for COVID-19 Recovery Assistance TPs (03/21/20)
• FEMA COVID-19 Pandemic Advisory, Whole-of-Government Response (03/26/20)
• FEMA COVID-19 Letter to the Nation’s Emergency Managers (03/27/20)
• COVID-19 Supply Chain Stabilization Task Force Fact Sheet (03/30/20)
• Planning Considerations for Organizations in Reconstituting Operations During the COVID-19 Pandemic (04/30/20)
• Safe Opening and Operation Work Eligible for Public Assistance (04/05/2021)

Governor’s Office

• Executive Order Rescinding State of Emergency (06/30/2021, Gianforte, EO No. 10-2021)
• Executive Order Prohibiting Vaccine Passports (04/13/2021, Gianforte, EO No. 7-2021)
• Executive Order Establishing State of Emergency ( 01/13/2021, Gianforte, EO No. 2-2021)
• Executive Order Establishing State of Emergency (02/12/2020, Bull0ck, EO No. 2-2020)
  – State of Emergency Amendment (03/13/2020, 2020, Bullock, EO No. 3-2020)
• Directives from 2020 & 2021 are Linked in Bottom Left Column
• Governor’s Coronavirus Task Force
• Press Room

State Agency-Provided Resources

• Pandemic Preparedness Templates (Provided by MT DOJ: Templates having to do with pandemic planning, disaster recovery, remote work)
• MT Board of Investments Memo (STIP, INTERCAP Interest Rates, Continuation of Service)
• Montana DPHHS Website
  – Scroll down their homepage for cases in Montana
• Revisions to BARS Chart of Accounts for Reporting & Tracking Revenues Received in Response to COVID-19

State of Montana Joint Information Center Contact Information

• Email inquiries: Covid19info@mt.gov
• By Phone: (888) 333-0461
• Social Media: @MontanaDES (Twitter); Facebook.com/MontanaDES (Facebook); @MontanaDES406 (Instagram)

• NACo COVID-19 Website
  
• COVID-19 Webinars & Events
• FAQs From National Calls
• CARES Act Analysis
  – National League of Cities & Towns Analysis

• CDC Website
  – Cases in the U.S.
• Guidance for America (Updated March 31st)
• Guidelines for Opening Up America Again (Added April 16th)
  – Slide Deck
• US Department of Labor FFRCA (Information regarding Families First Coronavirus Response Act, i.e. FFCRA)
• Coronavirus Dashboard Maintained by Johns Hopkins University
• FEMA (See Drop-down Section Above)
• USDA Rural Development
• Small Business Association (SBA) Paycheck Protection Program (PPP)
• Federal Guidance Tracker (An Extensive List with Links to Resources Providing Guidance from Various Federal Agencies)