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TO: The Mayor and City Council
FROM: Richard J. Veenstra
Corporation Counsel
DATE: March 25, 2020
SUBJECT:
The State of Emergency in the City of Aurora Related to COVID-19
PURPOSE:
To confirm the state of emergency existing in the City of Aurora due to the COVID-19 pandemic and authorizing the Mayor to exercise the powers set forth in Section 2-45 of the Code of the City of Aurora and this ordinance until May 15, 2020, or unless the Governor or the Mayor declare that state of emergency no longer exists, whichever occurs first.
BACKGROUND:
On March 11, 2020, the World Health Organization characterized the outbreak of novel coronavirus COVID-19 as a pandemic. Within days, Governor Pritzker issued a statewide disaster proclamation and issued a series of executive orders which dramatically impacted the way in which the City is able to conduct its business. On March 18, 2020, Mayor Irvin declared a state of emergency within the City of Aurora pursuant to his authority under the City Code as well as various provisions of State law. Upon the declaration, the Mayor became authorized to exercise 11 enumerated powers set forth in Section 2-45 of the City Code. These powers, which are similar to those afforded to the Governor in the Illinois Emergency Management Agency Act, provide the Mayor with limited additional authority to conduct the affairs of the City in its response to the emergency.
DISCUSSION:
At present, it appears that the statewide state of emergency will persist in some form or another for the foreseeable future. Unlike a state of emergency caused by a weather event, a natural disaster, or civil unrest, the COVID-19 pandemic will have a much longer duration and will make it very difficult for the Council to meet regularly.
The powers authorized by Section 2-45 and this Ordinance are relatively limited and designed to balance the need for flexibility during emergencies against the importance of the public discourse and the ordinarily legislative process. They do not radically alter the relationship between the Mayor and the City Council nor do they permit the Mayor to "rule by fiat." Instead, they provide the Mayor with practical and temporary tools to adapt to the unique challenges presented by the pandemic.
IMPACT STATEMENT:
Nothing in Section 2-45 or this Ordinance suspends or even abridges the authority of the Council to legislate, approve contracts, or make significant decisions unrelated to emergency response.
RECOMMENDATIONS:
That the Council approve this Ordinance.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance confirming a State of Emergency within the City of Aurora due to the COVID-19 Pandemic.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, on March 9, 2020, the Governor of the State of Illinois issued a Gubernatorial Disaster Proclamation declaring a state of emergency throughout the State of Illinois as a result of the COVID-19 pandemic; and
WHEREAS, on March 16, 2020, the Mayor of the City of Aurora declared a state of emergency within the City pursuant to Section 11-1-6 of the Illinois Municipal Code at Section 2-45 of the City Code of the City of Aurora (Section 2-45); and
WHEREAS, as a result of said Mayoral Declaration, the Mayor may exercise the powers conferred by Section 2-45 for the duration of the emergency; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that the State of Emergency declared by the Mayor on March 16, 2020 is confirmed, and further
BE IT ORDAINED, that the Mayor shall continue to be vested with the authority conferred by Section 2-45 so long as this Ordinance remains in effect; and further
BE IT ORDAINED, that during the time this Ordinance is effective, the Mayor shall be and hereby is authorized to enter into any intergovernmental or mutual aid agreement on behalf of the corporate authorities of the City to the extent that such agreement is intended to effectuate any action convenient or necessary to cope with or mitigate the effects of the emergency, including, but not limited to agreements, required to carry out the purposes of Section 2-45 or provide access to financial aid to the City or its residents; and further
BE IT ORDAINED, that this Ordinance shall remain in effect through May 15, 2020, provided that the Ordinance shall immediately cease to be effective upon a declaration by the Governor or the Mayor that the state of emergency related to the COVID-19 pandemic no longer exists; and further
BE IT ORDAINED, that nothing in this Ordinance shall be construed as limiting the authority of the Mayor to declare a state of emergency within the City in accordance with the law for reasons unrelated to the COVID-19 pandemic.