San Bernardino header
File #: 3271   
Type: Discussion Status: Passed
File created: 11/13/2020 Department: County Counsel
On agenda: 11/17/2020 Final action: 11/17/2020
Subject: Discussion of Potential Lawsuit Against Governor Newsom's Exercise of Statutory Powers under the Emergency Services Act
REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN BERNARDINO
AND RECORD OF ACTION

November 17, 2020

FROM
MICHELLE D. BLAKEMORE, County Counsel

SUBJECT
Title
Discussion of Potential Lawsuit Against Governor Newsom's Exercise of Statutory Powers under the Emergency Services Act
End

RECOMMENDATION(S)
Recommendation
Discuss, consider action and provide direction, as appropriate, regarding Governor Newsom's March 4, 2020 declaration of emergency pursuant to the California Emergency Services Act (Cal. Gov. Code ?8550 et. seq.) citing the threat of the COVID-19 pandemic and other State Public Health Orders and California Public Department of Public Health (CDPH) Guidance.
(Presenter: Michelle D. Blakemore, County Counsel, 387-5455)
Body

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote the Countywide Vision.
Create, Maintain and Grow Jobs and Economic Value in the County.
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.

FINANCIAL IMPACT
Discussion of the County's possible legal challenge to the Executive Orders, State Public Health Orders and CDPH Guidance issued by Governor Newsom regarding statewide Public Health Orders is non-financial in nature and will not require the use of additional Discretionary General Funding (Net County Cost).

BACKGROUND INFORMATION
The COVID-19 virus originated in Wuhan, China in late 2019 and began spreading, initially, within China and then to other countries. On January 30, 2020, the World Health Organization declared the outbreak to be a "public health emergency of international concern". This was followed on January 31, 2020 by the United States Human Services Secretary declaring a public health emergency. Cases internationally, within the US, and within California (as evidenced by the Governor's Proclamation) continue to rise despite the implementation of significant mitigation measures. ...

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