City Council

CLARKSVILLE CITY COUNCIL SPECIAL SESSION MARCH 31, 2020, 6:00 P.M. COUNCIL CHAMBERS 106 PUBLIC SQUARE CLARKSVILLE, TENNESSEE AGENDA IN AN EFFORT TO FACILITATE THE RESPONSE TO CORONAVIRUS DISEASE 2019 (COVID-19), THIS MEETING WILL BE CONDUCTED VIA GOOGLE MEETS AND LIVE STREAMED ON CITYOFCLARKSVILLE.COM. AN AUDIO/VIDEO RECORDING OF THE PROCEEDINGS WILL BE MADE AVAILABLE TO THE PUBLIC WITHIN 48 HOURS. MEMBERS OF THE PUBLIC ARE, BY LAW, ALLOWED TO ATTEND MEETINGS OF THE CLARKSVILLE CITY COUNCIL BUT ARE STRONGLY DISCOURAGED TO DO SO AT THIS TIME. 1) CALL TO ORDER ​Mayor Joe Pitts 2) PRAYER 3) ATTENDANCE ​City Clerk 4) APPROVAL OF ELECTRONIC MEETING MOTION: “​In order to comply with the technical aspects of the Governor’s Executive Order regarding holding open meetings in a forum other than in the open and in public, this governing body determines that meeting electronically is necessary to protect the health, safety, and welfare of its citizens due to the COVID-19 outbreak.” 5) RESOLUTION 51-2019-20 Approving Mayoral Executive Order No. 003 pertaining to the Novel Coronavirus and to prevent the spread of the COVID-19 disease 6) ADJOURNMENT  RESOLUTION 51-2019-20 A RESOLUTION APPROVING MAYORAL EXECUTIVE ORDER No. 003 PERTAINING TO THE NOVEL CORONAVIRUS AND TO PREVENT THE SPREAD OF THE COVID-19 DISEASE WHEREAS, Coronavirus Disease 2019 (COVID-19) is a respiratory disease caused by the SARS-CoV-2 virus that can result in mild or severe symptoms, including fever, cough, and shortness of breath, and can lead to serious illness or death, particularly in the case of older adults and persons with serious chronic medical conditions; and WHEREAS​, in late 2019, a significant outbreak of COVID-19 occurred, and this disease has since spread to many countries; and WHEREAS​, to date, according to the Centers for Disease Control and Prevention (CDC), there have been 140,904 cases of COVID-19 identified in the United States, which have resulted in 2,405 deaths; and WHEREAS​, to date, according to the Tennessee Department of Health, there have been 1,834 cases of COVID-19 identified in the State of Tennessee, which have resulted in 13 deaths; and WHEREAS​, to date, according to the Tennessee Department of Health, there have been 13 cases of COVID-19 identified in Montgomery County, Tennessee; and WHEREAS​, on January 16, 2020, the Tennessee Department of Health activated the State Health Operations Center (SHOC), and on January 21, 2020, following CDC guidance, the Department designated COVID-19 as a reportable disease in Tennessee; and WHEREAS​, on March 11, 2020, the World Health Organization (WHO) declared the novel coronavirus (COVID-19) outbreak a global pandemic; and WHEREAS​, on January 31, 2020, the U.S. Secretary of Health and Human Services declared a public health emergency to aid the nation’s healthcare community in responding to COVID-19; and WHEREAS​, a state of emergency has been declared through Executive Order issued March 12, 2020, by Governor Bill Lee of the State of Tennessee in connection with the COVID-19 disease outbreak; and WHEREAS​, City Mayor Joe Pitts, has previously declared a local state of emergency by Executive Order issued March 18, 2020 in connection with the COVID-19 disease outbreak; and 1  WHEREAS​, the spread and identification of additional cases of COVID-19 in Tennessee is likely to continue, and therefore, taking proactive steps to prevent a substantial risk to public health and safety is paramount; and WHEREAS​, the City Mayor and the City Council have a responsibility to take all reasonably prudent actions to ensure public health, safety, and welfare in the event of an infectious disease pandemic; and WHEREAS​, empirical medical evidence and expert reports strongly indicate and advise that the spread of the COVID-19 disease is effectively slowed by frequent hand washing, social distancing, self-quarantine, and the reduction of public interactions and gatherings of groups of people; and WHEREAS​, the provisions of this Order are necessary to maximize efforts to protect the public health, safety and welfare; and WHEREAS​, Tennessee Code Annotated §58-2-110 and §58-8-104 provides the City Mayor with the power and authority to declare a local state of emergency, to include in cases of disease outbreaks and epidemics, which shall have an immediate effect when declared for a period of seven (7) days, but may have continuing effect beyond seven (7) days in seven (7) day increments upon approval by the City Council by resolution; and WHEREAS​, Tennessee Code Annotated §38-9-102 provides the City Mayor with the power and authority to proclaim a civil emergency in cases of any natural disaster within the geographic limits of the City resulting in death or injury of persons to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare; and WHEREAS​, the state law, private act, City Charter confers general police powers upon the City, and authorizes the City to act and to regulate in the interests of public health and welfare; and WHEREAS​, the City Code Section 1-1204, provides that the Mayor shall power and authority to declare a state of emergency, which shall have an immediate effect when declared for a period of seven (7) days, but may have continuing effect beyond seven (7) days upon approval by the City Council by resolution; and WHEREAS​, the City Council finds that the Mayor’s Executive Order is in the public interest and serves public health and welfare. 2  NOW​, THEREFORE​, the Mayor’s Executive Order No. 003 pertaining to novel coronavirus and to prevent the spread of the COVID-19 disease, attached hereto and incorporated herein as Attachment One (1), together with any Exhibits thereto, is hereby approved and adopted, shall be effective as of 12:01 a.m. on April 1, 2020, and same shall have effect for a period seven (7) days, and is hereby approved to be extended, in seven (7) day increments, by the Mayor in his discretion during the period of the local state of emergency due to the novel coronavirus and in order to prevent the spread of COVID-19, and as provided by law. ADOPTED: 3  WHEREAS, on March 11, 2020, the World Health Organization (WHO) declared the novel coronavirus (COVID-19) outbreak a global pandemic; and WHEREAS, on January 31, 2020, the U.S. Secretary of Health and Human Services declared a public health emergency to aid the nation’s healthcare community in responding to COVID-19; and WHEREAS, a state of emergency has been declared through Executive Order issued March 12, 2020, by Governor Bill Lee of the State of Tennessee in connection with the COVID- 19 disease outbreak; and WHEREAS, City Mayor Joe Pitts, has previously declared a local state of emergency by Executive Order issued March 18, 2020 in connection with the COVID-19 disease outbreak; and WHEREAS, the spread and identification of additional cases of COVID-19 in Tennessee is likely to continue, and therefore, taking proactive steps to prevent a substantial risk to public health and safety is paramount; and WHEREAS, the City Mayor and the City Council have a responsibility to take all reasonably prudent actions to ensure public health, safety, and welfare in the event of an infectious disease pandemic; and WHEREAS, empirical medical evidence and expert reports strongly indicate and advise that the spread of the COVID-19 disease is effectively slowed by frequent hand washing, social distancing, self-quarantine, and the reduction of public interactions and gatherings of groups of people; and WHEREAS, the provisions of this Order are necessary to maximize efforts to protect the public health, safety and welfare; and WHEREAS, Tennessee Code Annotated §58-2-110 and §58-8-104 provides the City Mayor with the power and authority to declare a local state of emergency, to include in cases of disease outbreaks and epidemics, which shall have an immediate effect when declared for a period of seven (7) days, but may have continuing effect beyond seven (7) days in seven (7) day increments upon approval by the City Council by resolution; and WHEREAS, Tennessee Code Annotated §38-9-102 provides the City Mayor with the power and authority to proclaim a civil emergency in cases of any natural disaster within the geographic limits of the City resulting in death or injury of persons to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare; and WHEREAS, the state law, private act, City Charter confers general police powers upon the City, and authorizes the City to act and to regulate in the interests of public health and welfare; and 2  WHEREAS, the City Code Section 1-1204, provides that the Mayor shall power and authority to declare a state of emergency, which shall have an immediate effect when declared for a period of seven (7) days, but may have continuing effect beyond seven (7) days upon approval by the City Council by resolution; and NOW THEREFORE, I, Joe Pitts, Mayor of the City of Clarksville, each of Tennessee, by virtue of the power and authority vested in me by the Tennessee Constitution, state law of general application, the Charter for the City of Clarksville, the City Code, and other applicable law, and having previously declared a state of emergency exists in the City of Clarksville in order to facilitate an effective response to prevent the spread of COVID-19 pursuant to Tennessee Code Annotated §58-8-104, and having previously proclaimed a civil emergency in accordance with Tennessee Code Annotated §38-9-102, do hereby ORDER the following: 1. The provisions of the previously issued Executive Orders No. 001 dated March 18, 2020, and Executive Order No. 002 dated March 23, 2020 pertaining to the novel coronavirus and COVID-19 by City Mayor Joe Pitts remain in effect and are hereby extended to 12:01 a.m. Central Standard Time (CDT) on April 8, 2020, and may be extended in seven (7) day increments as provided by law during the period of the declared local state of emergency due to the novel coronavirus and COVID-19. 2. The provisions of Tennessee Governor Bill Lee’s previous Executive Orders 17, 21, and 22 are attached hereto, and incorporated herein as Exhibits A, B, and C. This City Mayor’s Executive Order shall also incorporate any amendments or superseding executive orders that may be issued by the Governor from time to time. This City Mayor’s Executive Order contains additional limitations, restrictions, and / or prohibitions beyond those specified in the Governor’s Executive Orders, as permitted by law. 3. Citizens of the City of Clarksville are directed to shelter at home, except when engaging in Essential Activities or Essential Services as defined herein. When individuals leave their homes or places of residence, they should practice appropriate social isolation distancing, staying six (6) feet apart, and should assume others are infectious, regardless of whether they exhibit symptoms. 4. All gatherings are strongly discouraged, and those with more than 10 people are strictly prohibited. Gatherings include any event or convening unrelated to essential services that bring together groups of individuals, including, but not limited to, community, civic, public, leisure, faith-based, or sporting events, parades, concerts, festivals, conventions, fundraisers, and similar activities. 5. All public park open areas will remain open. Open areas are only those for walking, running, biking, and those not designated for use by groups of persons. Citizens using these public park open spaces are directed to adhere to Centers for Disease Control and Prevention (CDC) guidance on social distancing and hand hygiene, 3  remaining six (6) feet apart. All public park buildings, structures, and playgrounds of any type shall be closed. 6. Individuals experiencing homelessness, which may include individuals in shelters and homeless encampments, shall not be subject to this order but shall be strongly encouraged to follow CDC guidance on social distancing and hand hygiene. 7. All businesses not performing Essential Services shall close their business facilities, subject to exceptions stated in this City Mayor Executive Order No. 003. Facilities may remain accessible as needed in order to service computer and other equipment, process mail, and to maintain security. 8. This closure order includes, but is not limited to: a. On-site activities at hospitality, educational, and entertainment venues, businesses, or facilities, are directed to close to the public. On-line activities and deliveries through these businesses may continue. b. Personal appearance businesses, including hair, nail, massage, tattoo, tanning, waxing, and other such facilities are directed to close to the public, except when the service is medically necessary as determined by a competent medical authority or provider. c. Public and private entertainment and social clubs are directed to close to the public. d. Nothing in this Executive Order shall prohibit any business possessing applicable licenses or permits from conducting deliveries; however, CDC guidance on social distancing shall be followed to the maximum extent possible. e. Nothing in this Executive Order is intended to prohibit individuals from performing business functions of nonessential businesses from their own homes, provided that such business functions comply with existing law and are only performed by residents of that home. 9. This Executive Order specifically does not apply to the following sectors and businesses, or to their employees, which are hereby designated as Essential Services to protect the health and well-being of all individuals residing or working in the City of Clarksville. a. Federal and state offices and services, and private companies or individuals performing work or providing goods and / or services pursuant to federal, state, or local government contracts; b. Essential government functions including, but not limited to, law enforcement, fire fighting, prevention, and suppression, building code safety, public 4  transportation, and businesses that provide government programs and services, including functions assisting economically disadvantaged populations and individuals experiencing homelessness; c. Businesses, facilities, structures providing news, media, communication and telecommunication services, to include, but not limited to internet and video services; d. Grocery and beverage stores, farmers markets, food banks, caterers, roadside food stands, convenience stores selling food, agriculture and food manufacturing, processing, warehousing, and storage businesses or facilities, feed mills, silos, and other businesses that directly support food production, supply, or transportation of same, to include tractor and farm / ranch implement sales, repair or service, and including but not limited to any farming, livestock, and food cultivation; e. Health care, mental and behavioral health, biomedical research, laboratory services, and other businesses that directly support the healthcare industry including, but not limited to, health information technology, staffing and supplies; f. Sanitation and waste removal; g. Energy, water, and sewage businesses and services; h. Pharmacies, medical supply, and other businesses that directly support the drug and medical supply pipeline; i. Vehicle fuel, support, and service stations, vehicle parts and repair businesses, and vehicle sales, leasing and rental businesses; j. Banks, savings and loans, insurance companies, accounting businesses, tax preparers, financial advisors, and other business that directly support the insurance and financial services sectors; k. Real property marketing, leasing, purchase, and sale services; l. Legal and judicial services; m. Laundromats, laundry, and cleaning services; n. Home and business structure and equipment repair, hardware, building supply, and appliance sale and repairs; o. Warehousing and storage facilities; p. Construction, architectural, engineering, or surveying services; 5  q. Product logistics, transport, and distribution businesses; r. Parcel transportation and delivery businesses; s. Veterinary and pet supply business and services; t. Home and business cleaning and maintenance services; u. Educational institutions, public and private K-12 schools, private colleges and universities, trade schools, post-secondary, and technical colleges, but only as needed to facilitate online or distance learning and essential functions; v. Landscaping and nurseries; w. Production, distribution, and sale of household consumer goods such as cleaning and personal care products; x. Essential building maintenance and security; y. Individuals whose job functions require them to be at their work location and who are essential to preserving the information systems, accounting, and human resource infrastructures of any business which is otherwise in substantial compliance with this order; z. Nonprofit entities providing support and assistance to victims of the COVID-19 epidemic; and aa. Other businesses and services that may be determined are essential for the continued safety and security of the City of Clarksville. 10. The following businesses may remain open subject to compliance with the following conditions: a. Daycare and childcare businesses shall prioritize children of parents working for essential infrastructure sectors, businesses, or service providers to the extent practicable. b. Assisted living facilities, nursing homes, adult daycare centers, home health businesses, senior residential facilities, funeral homes and mortuaries shall follow CDC guidance on social distancing and hand hygiene to the maximum extent practicable. Non-essential social and educational programs at senior citizen and other assisted living communities and centers shall cease until further notice. c. Hotels, short-term rental properties, commercial lodges, and dormitories, shall cease entertainment or dine-in services, subject to allowing food and beverage pick-up and room service. 6  d. Golf courses and their facilities pertaining to playing golf may remain open as an outdoor recreation opportunity but shall abide by all of this Executive Order’s social distancing requirements. However, other business operations thereon, to include restaurants, clubhouse, spas, driving and putting facilities shall be closed except for pick-up or delivery of food and payments for facility use. 11. Essential Services, especially grocery stores and pharmacies, shall make best efforts to establish hours of operations during which their services are available only to senior citizens or otherwise immune system compromised or otherwise medically vulnerable populations. 12. Essential Services shall continue to adhere to CDC guidance on social distancing and hand hygiene in the workplace, including encouraging work-from-home and allowing employees when possible to work on-site in shifts to optimize social distancing in the workplace, where possible. 13. Essential Services are encouraged to utilize, to the maximum extent possible, any telecommuting, or work-from-home procedures, which they can safely utilize. 14. This specific directive comes from the Executive Order #21 of the Honorable Bill Lee, Governor. Businesses or organizations that perform close-contact personal services shall not be open to members or the public. Such businesses or organizations include, but are not limited to: a. Barber shops; b. Hair salons; c. Waxing salons; d. Threading salons; e. Nail salons or spas; f. Spas providing body treatments; g. Body-art facilities or tattoo services; e. Tanning salons; f. Massage-therapy establishments or massage services. 15. This specific directive comes from the Executive Order #21 of the Honorable Bill Lee, Governor. Entertainment and recreational gathering venues shall not be open to members or the public. Such venues include, but are not limited to: a. Night clubs; b. Bowling alleys; c. Arcades; d. Concert venues; e. Theaters, auditoriums, performing arts centers, or similar facilities; f. Racetracks; g. Indoor children’s play areas; 7  h. Adult entertainment venues; i. Amusement parks; or j. Roller or ice-skating rinks. 16. If any provision, sentence, clause, phrase, or word of this Executive Order, or any application of it to any individual, business, or circumstance, is held to be invalid by a decision of a court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions or applications of this Order. 17. The mandates in each City Mayor Executive Order are not applicable to those businesses, entities or employees identified by their work or services as critical infrastructure industry(s) as defined by the Department of Homeland Security, such as healthcare services, pharmaceutical and food supply. This Executive Order does not apply to activities necessary to maintain continuity of operations of critical infrastructure sectors, as outlined at U.S. Department of Homeland Security link: https://www.cisa.fov/identifying-critical-infrastructure-during-covid-19. Nothing herein shall be deemed to impede, obstruct, prevent, prohibit, or ban, or to affect in any way, medical or pharmacy, or blood collection, facilities, buildings, businesses, operations, organizations, networks, systems, or infrastructure; or any other facilities, buildings, businesses, operations, organizations, networks, systems, or infrastructure, whether physical or virtual, deemed critical infrastructure, or critical to national security, or to public health and welfare, and identified as such by the United States Department of Homeland Security, or other federal agency, or state government or any agency thereof. 18. Nothing herein shall be deemed to apply to the federal or state government, or to federal or state government owned, leased or operated property, to include, but not limited to, any part of the Fort Campbell, Kentucky military reservation / base. 19. All City department heads are directed to be pro-active and are authorized to take any lawful action pertaining to their departments they may deem necessary to effectuate and enforce the provisions of this City Mayor Executive Order 003, or any prior Executive Order, in furtherance of the purpose of preventing the spread of the COVID-19 disease. 20. All members of the public and all businesses are strongly encouraged to follow and comply with guidance and directives issued by the federal CDC and state and local departments of health, and all executive orders issued by the President and the Governor. 21. All members of the public are strongly encouraged to remain calm, to resist panic purchasing, consider their neighbors who have need, and to look after and help those most at risk to this pandemic to include the elderly and those with suppressed immune systems. 8  22. This Executive Order issued pursuant to law shall take effect on April 1, 2020 at 12:01 a.m. Central Daylight Time (CDT), and shall remain in effect until 12:01 a.m., CDT, on April 8, 2020, at which time this Order shall cease and be of no further force and effect, unless sooner terminated, or extended, by written amendment hereof, or by subsequent written order issued, in accordance with law, and upon approval of the City Council, shall remain in force and effect, and shall continue, in seven (7) day increments. IN WITNESS WHEREOF, I have subscribed my signature and caused the Seal of the City of Clarksville, Tennessee, to be affixed this ___ day of March, 2020. __________________________________________ CITY MAYOR Date ATTEST: _______________________________ City Clerk APPROVED AS TO LEGAL FORM: _________________________________ City Attorney 9 Effective immediately, Executive Order No. 17, dated March 22, 2020, is amended by adding the following new subdivisions g. and h. to Paragraph 1: g. Businesses or organizations that perform close-contact personal services shall not be open to members or the public. Such businesses or organizations include, but are not limited to: 1. Barber shops; 11. Hair salons; 111. Waxing salons; 1v. Threading salons; v. Nail salons or spas; v1. Spas providing body treatments; vu. Body-art facilities or tattoo services; v111. Tanning salons; or IX. Massage-therapy establishments or massage services. h. Entertainment and recreational gathering venues shall not be open to members or the public. Such venues include, but are not limited to: 1. Night clubs; 11. Bowling alleys; 111. Arcades; IV. Concert venues; v. Theaters, auditoriums, performing arts centers, or similar facilities; v1. Racetracks; v11. Indoor children's play areas; v111. Adult entertainment venues; IX. Amusement parks; or x. Roller or iceskating rinks. Effective immediately, Paragraph No. 7 of Executive Order No. 17, dated March 22, 2020, is hereby deleted and the following language is substituted instead: 7. This Order shall be effective and enforceable at 12:01 a.m., Central Daylight Time, on March 23, 2020, and shall remain in effect until 11 :59 p.m., Central Daylight Time, on April 14, 2020, at which time the suspension of any state laws and rules and the other provisions of this Order shall cease and be of no further force or effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 2 IN WITNESS WHEREOF, I have subscribed my signature and caused the Great Seal of the State of Tennessee to be affixed this 30th day of March, 2020. GOVERNOR ATTEST : 3  e. Avoiding discretionary visits to nursing homes, retirement homes, or long-term care facilities; f. A voiding close contact with people who are sick, and distancing oneself from others, especially those who are at higher risk of getting sick, including in particular older adults and persons with serious chronic medical conditions; and g. Practicing good personal hygiene, including washing hands, especially after touching any frequently used item or surface, avoiding touching the face, and disinfecting frequently used items and surfaces as much as possible; and WHEREAS, the CDC advises that "[t]he best way to prevent illness is to avoid being exposed to this virus," and the best way to avoid being exposed to the virus is to remain home except as necessary to engage in essential activities, in which case the following health guidelines consistent with the President's and CDC's guidance above (hereafter referred to as "Health Guidelines") should be followed: (1) Maintaining a distance of at least six (6) feet between themselves and others, except for family or household members; and (2) Practicing good personal hygiene, including washing hands, especially after touching any frequently used item or surface, avoiding touching the face, and disinfecting frequently used items and surfaces as much as possible; and WHEREAS, because protecting personal liberty is deeply important, this Order is not a shelter-in-place mandate and instead strongly urges Tennesseans to stay at home when at all possible for the protection of themselves and their community; and WHEREAS, because with personal liberty comes great personal responsibility, all Tennesseans must do their part by staying at home whenever possible for a limited period of time to avoid exposure to, and slow the spread of, this virus, which will limit the burden on health care resources and allow normal activities to resume sooner; and WHEREAS, in addition to the other emergency management powers granted by law, Tennessee Code Annotated, Section 58-2-107(e), provides that during a state of emergency, the Governor is authorized to suspend laws and rules regarding the conduct of state business if necessary to cope with the emergency, order evacuations from certain areas, make orders concerning entry and exit and the occupancy of premises within an emergency area, and take measures concerning the conduct of civilians and the calling of public meetings and gatherings, among other things; and WHEREAS, the temporary suspension of selected state laws and rules and the other measures contained herein are necessary to facilitate the response to the current emergency. NOW THEREFORE, I, Bill Lee, Governor of the State of Tennessee, by virtue of the power and authority vested in me by the Tennessee Constitution and other applicable law, in light of the continuing state of emergency to facilitate the response to COVID-19, and to keep the citizens of the State of Tennessee safe and healthy, do hereby order the following statewide: 1. Safer at home. Because staying at home as much as possible for a temporary period of time will protect the health and safety of Tennesseans by limiting the spread of 2  COVID-19 and preserving health care resources, all persons in Tennessee are urged to stay at home, except for when engaging in Essential Activity or Essential Services as defined in this Order. 2. 'l,osure of no a-essential businesses for public use. Businesses or organizations that do not perform Essential Services shall not be open for access or use by the public or its members. Such businesses or organizations are strongly encouraged to provide delivery, including delivery curbside outside of the business or organization, of online or telephone orders, to the greatest extent practicable, and persons are encouraged to use any such options to support such businesses during this emergency. 3. Essential Activity and Essential Services should be limited. Even though Essential Activity and Essential Services are permitted under this Order, all persons are strongly encouraged to limit to the greatest extent possible the frequency of engaging in Essential Activity or Essential Services. For example, all persons are strongly encouraged, among other things, to use thoughtful planning, careful coordination, and consideration of others when engaging in Essential Activity or Essential Services in order to minimize the need and frequency for leaving their place of residence or property. When engaged in Essential Activity or Essential Services, persons shall at all times follow the Health Guidelines to the greatest extent practicable. 4. Essential Services businesses should follow 1--Iealth Guideline . For those offices, workplaces, and businesses that remain open as permitted by this Order, employers should take steps to the greatest extent practicable to equip and permit employees to work from home, and employees and their customers should practice good hygiene and observe the Health Guidelines and necessary precautions advised by the President and the CDC to reduce the spread of COVID-19. 5. Employers shall not require or allow employees with COVID-19 to work. An employer, through its supervisors or appropriate management personnel, shall not require or allow an employee who the employer knows has tested positive for COVID-19 to report to work until that employee has satisfied the conditions for discontinuing home isolation under CDC guidelines, which are available at the following web address: https://www.cdc.gov/coronavirus/2019-ncov/if-you-are- sick/steps-when-sick.html. 6. List of Essential Services detailed in Attachment A. Essential Services are defined in Attachment A to this Order. Nothing in this Order precludes an employer from encouraging, allowing, or requiring an employee to work remotely or via telework as a method of conducting Essential Services, where practicable. 7. Executive Order Nos. 17 and 21 remain in full force and effect. Defining Essential Services in Attachment A does not repeal, by implication or otherwise, the terms and conditions of Executive Order Nos. 17 and 21 relative to restaurants, bars, and 3  similar food and drink establishments, gyms, fitness/exercise centers, and similar facilities, close-contact personal services, and entertainment and recreational gathering venues, and visiting nursing homes, retirement homes, or long-term care or assisted-living facilities, the provisions of which are incorporated herein and remain in full force and effect. 8. Essential Activity. For purposes of this Order, Essential Activity means: a. Engaging in activities essential to a person's health and safety or the health and safety of family or household members, persons who are unable or should not leave their home, or pets, including, but not limited to, seeking emergency services, obtaining medical supplies or assistance, obtaining medication, obtaining non-elective medical care or treatment or other similar vital services, or visiting a health care professional; b. Obtaining necessary services or supplies for persons and their family or household members, persons who are unable or should not leave their home, or pets or delivering those services or supplies to others, including, but not limited to, groceries and food, household consumer products, supplies required to work from home, automobile supplies (including dealers, parts, supplies, repair, and maintenance), and products necessary to maintain the safety, sanitation, and essential operation of residences; c. Providing, facilitating, or receiving delivery or curbside carry-out delivery of online or telephone orders from businesses or organizations that do not perform or are not necessary for the performance of Essential Activity; d. Engaging in outdoor activity, provided that persons the Health Guidelines to the greatest extent practicable, including, but not limited to, driving or riding in a vehicle, walking, hiking, running, biking, swimming, kayaking, canoeing, golf, tennis, or other sports or recreational activities that can be performed while maintaining the aforementioned precautions or utilizing public parks and outdoor recreation areas; provided, however, that congregating or playing on playgrounds presents a unique risk for the spread of COVID-19 and is therefore not covered as an Essential Activity; e. Caring for or visiting a family member, friend, or pet in another household, or transporting or traveling with family members, friends, or pets as allowed by this Order; provided, that the Health Guidelines are followed to the greatest extent practicable; f. Visiting a place of worship or attending a wedding or funeral; provided, that the Health Guidelines are followed to the greatest extent practicable. However, it is strongly encouraged that the public celebration component of weddings and funerals be postponed or attended only by close family members; or 4  g. Engaging in Essential Travel, as defined below. 9. Essential ravel. For purposes of this Order, Essential Travel means: a. Travel related to Essential Activity or otherwise permitted by this Order; b. Travel related to performing Essential Services; c. Travel to care for the elderly, minors, dependents, persons with disabilities, or other vulnerable persons; d. Travel to or from educational institutions for purposes of receiving materials for distance learning, for receiving meals, and any other related services. e. Travel to and from outside of the State of Tennessee; or f. Travel required by law, law enforcement, or court order, including to transport children pursuant to a custody agreement. 10. Critical infrastructure remain open and operational. All critical infrastructure remains operational, and government entities and businesses will continue providing important and essential services. 11. Special care should be taken to protect vulnerable populations. Persons and businesses should take particular care to protect the well-being of those populations especially vulnerable to COVID-19, including older adults and persons with compromised immune systems or serious chronic medical conditions, by, among other things, taking care to adhere to all precautions advised by the President and the CDC and refraining to the extent practicable from physical contact and association. Businesses should further consider implementing measures to protect our most vulnerable populations by, for example, offering delivery service or special opportunities for members of vulnerable populations to shop in retail establishments exclusive of the general population. 12. Suspe11sion of law that would limit application of this Order. Any law, order, rule, or regulation that would otherwise limit the enforceability of this Order is hereby suspended, pursuant to Tennessee Code Annotated, Section 58-2-107. 13. No repeal oflocal orders. Nothing herein repeals, preempts, or otherwise limits the authority, if any, of a locality to issue further orders or measures on these same subjects. 14. Severability . If any provision of this Order or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Order which can be given effect without the invalid provision or application, and to that end the provisions of this Order are declared to be severable. 15. Term and effective date. This Order shall be effective and enforceable at 11 :59 p.m., Central Daylight Time, on March 31, 2020, and shall remain in effect until 5  11 :59 p.m., Central Daylight Time, on April 14, 2020, at which time the suspension of any state laws and rules and the other provisions of this Order shall cease and be of no further force or effect. IN WITNESS WHEREOF, I have subscribed my signature and caused the Great Seal of the State of Tennessee to be affixed this 30th day of March, 2020. GOVERNOR ATTEST: SECRETARY ~ STATE 6  ATTACHMENT ATOEXECUTIVEORDERNO.22 For purposes of Executive Order No. 22, Essential Services include: 1. Personnel identified on pages 5-15 of the Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response issued by the Cybersecurity and Infrastructure Security Agency (CISA) of the United States Department of Homeland Security, available at: https://www.cisa.gov/sites/defau lt/fi les/publications/CISA Guidance on the Essenti al Critical Infrastructure Workforce Ver i n 2.0 Updated.pd[ 2. Health Care and Public Health Operations. This includes, but is not limited to: hospitals; clinics; medical practices and services; mental health and substance abuse services; dental offices; pharmacies; public health entities, including those that compile, model, analyze, and communicate public health information; pharmaceutical, pharmacy, medical device and equipment, and biotechnology companies (including operations, research and development, manufacture, and supply chain components); organizations collecting blood, platelets, plasma, and other necessary materials; obstetricians and gynecologists; eye care centers, including those that sell glasses and contact lenses; home health care services providers; mental health and substance use providers; other health care facilities and suppliers; providers of any related and/or ancillary health care services; entities that transport and dispose of medical materials and remains; manufacturers, technicians, logistics, and warehouse operators, and distributors of medical equipment, personal protective equipment (PPE), medical gases, pharmaceuticals, blood, platelets, and plasma products, vaccines, testing materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, and tissue and paper towel products; veterinary care and all health care services provided to animals. This also includes any medical or administrative personnel necessary to operate those functions in this paragraph. Health Care and Public Health Operations shall be construed broadly to avoid any impacts to the delivery of health care, broadly defined. Health Care and Public Health Operations does not include any procedures that would violate Executive Order No. 18, which remains in effect; 3. Human Services Operations. This includes, but is not limited to: government or government-funded human services to the public through state-operated, institutional, or community-based settings; long-term care facilities; day care centers, day care homes, or group day care homes; residential settings and shelters for adults, seniors, children, or people with developmental disabilities, intellectual disabilities, substance use disorders, or mental illness; transitional facilities; home-based settings to provide services to individuals with physical, intellectual, or developmental disabilities, seniors, adults, or children; field offices that provide and help to determine eligibility for basic needs including food, cash assistance, medical coverage, child care, vocational services, rehabilitation services; developmental centers; adoption agencies; businesses that provide food, shelter, social services, and other necessities of life for economically disadvantaged individuals, individuals with physical, intellectual, and/or developmental disabilities, or individuals otherwise in need. Human Services 7  Operations shall be construed broadly to avoid any impacts to the delivery of human services, broadly defined; 4. Essential Infrastructure Operations. This includes, but is not limited to: food production, distribution, and sale; construction-related services, including, but not limited to, construction required in response to this public health emergency, hospital construction, construction of long-term care facilities, public works construction, school construction, construction related to Essential Activity or Essential Services, and housing construction; building management and maintenance; landscape management; airport operations; operation and maintenance of utilities, including water, sewer, and gas; electrical services, including power generation, distribution, and production of raw materials; distribution centers; oil and biofuel refining; services related to roads, highways, railroads, ports, and public transportation; cybersecurity operations; flood control; solid waste and recycling collection, removal, and processing; and internet, video, and telecommunications systems and services, including the provision of essential global, national, and local infrastructure for computing services, business infrastructure, communications, and web-based services. Essential Infrastructure Operations shall be construed broadly to avoid any impacts to essential infrastructure, broadly defined; 5. Essential Government Functions. This includes, but is not limited to: first responders, emergency management personnel, emergency dispatchers, and those supporting 911 and emergency services; legislators and legislative branch officials and employees, as determined by the Legislative Branch; judges, judicial branch employees, court personnel, jurors, and grand jurors, as determined by the Judicial Branch; law enforcement personnel; corrections and community supervision personnel; hazardous materials responders; election officials and operations; child protection and child welfare personnel; housing and shelter personnel; park personnel that provide admission, maintenance, and operation of park facilities that provide outdoor recreation; military; and other governmental employees working for or to support Essential Activity or Essential Services. Essential Government Functions also means all services provided by the State, the political subdivisions of the State, and boards, commissions, or agencies of government needed to ensure the continuing operation of the government agencies or to provide for or support the health, safety, and welfare of the public. Essential Government Functions also includes contractors performing or supporting such functions. Each branch of government and government entity shall determine its Essential Government Functions and ensure a plan is in place for the performance of these functions. This paragraph does not apply to the United States government; provided, however, that any employee, official, or contractor of the United States government shall not be restricted from performing their functions under law; 6. Food and Medicine Stores. This includes, but is not limited to: stores that sell groceries and medicine; grocery stores; pharmacies; certified farmers' markets; farm and produce stands; supermarkets; convenience stores; and other establishments engaged in the retail sale of groceries, canned food, dry goods, frozen foods, fresh fruits and vegetables, pet supplies, fresh meats, fish, and poultry, prepared food, alcoholic 8  and non-alcoholic beverages, and any other household consumer products (such as cleaning and personal care products); and the supply chain and administrative support operations for Food and Medicine Stores. Food and Medicine Stores also includes stores that sell groceries or medicine, including medication not requiring a medical prescription, and also that sell other non-grocery products and products necessary to maintaining the safety, sanitation, and essential operation of residences, Essential Activity, and Essential Services; 7. Food and Beverage Production and Agriculture. This includes, but is not limited to: food and beverage manufacturing, production, processing, and cultivation, including farming, livestock, fishing, baking, and other agricultural production, including cultivation, marketing, production, and distribution of animals and goods for consumption; and businesses that provide food, shelter, and other necessities of life for animals, including animal shelters, rescues, shelters, kennels, and adoption facilities; 8. Organizations that Provide Charitable and Social Services. This includes, but is not limited to: businesses and religious and secular nonprofit organizations, including food banks, when providing food, shelter, social services, and other necessities of life for economically disadvantaged or individuals otherwise in need, individuals who need assistance as a result of this emergency, or persons with disabilities; 9. Religious and Ceremonial Functions. This includes, but is not limited to: religious facilities, entities, groups, personnel, services, rites, and gatherings, including weddings and funerals, provided that the Health Guidelines set forth in Executive Order No. 22 are followed to the greatest extent practicable; 10. Media. This includes, but is not limited to: newspapers, books, television, radio, publishing, and other media services and related supply chain operations; 11. Gas Stations and Businesses Needed for Transportation. This includes, but is not limited to: gas stations, travel centers, and truck stops; automotive suppliers, manufacturers, repair services, and related facilities; roadside assistance operations; farm and construction equipment related services; boat repair services; bicycle shops; and related facilities; 12. Financial Institutions and Insurance Entities. This includes, but is not limited to: banks, currency exchanges, consumer lenders, including but not limited to payday lenders, pawnbrokers, consumer installment lenders, sales finance lenders, credit unions, appraisers, title companies, financial markets, trading and futures exchanges, affiliates of financial institutions, entities that issue bonds, related financial institutions, institutions selling financial products, insurance companies, underwriters, insurance agents, insurance brokers, and related insurance claims and agency services; 13. Hardware and Supply Stores. This includes, but is not limited to: Hardware stores and businesses that sell electrical, plumbing, and heating materials; 9 14. Critical Trades. This includes, but is not limited to: building and construction tradesmen and tradeswomen and other trades, including, but not limited to, plumbers, electricians, exterminators and pest control, cleaning and janitorial staff for commercial and governmental properties, security staff, operating engineers, HV AC, painting, moving and relocation services, and other manufacturing, distribution, retail or service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, Essential Activity, and Essential Services, including electronic security and life safety services to assist with fire prevention and response, security, and emergency management and response; 15. Mail, Post, Shipping, Logistics, Delivery, and Pick-up Services. This includes, but is not limited to: post offices and other businesses that provide shipping and delivery services and businesses that ship or deliver groceries, food, alcoholic or non-alcoholic beverages, goods, vehicles, or services to end users or through commercial channels; 16. Educational Institutions. This includes, but is not limited to: public and private pre- K schools, K-12 schools, colleges, and universities for purposes of facilitating distance learning, providing food or shelter, performing critical research, or performing essential functions, provided that the Health Guidelines set forth in Executive Order No. 22 are followed to the greatest extent practicable. Schools providing food services to students or members of the public shall provide the food on a carry-out basis only and shall not permit the food to be eaten at the site where it is provided, consistent with Executive Order Nos. 17 and 21; 17. Laundry Services. This includes, but is not limited to: laundromats, dry cleaners, industrial laundry services, and laundry service providers; 18. Restaurants for Off-Premises Consumption. This includes, but is not limited to: restaurants, bars, or other similar food or drink establishments that prepare and serve food, but only for consumption off-premises, consistent with Executive Order Nos. 17 and 21. Entities providing food services to members of the public shall provide the food on a carry-out basis only and shall not permit the food to be eaten at the site where it is provided or at any other gathering site. This paragraph is consistent with and does not supersede Executive Order Nos. 17 and 21; 19. Supplies to Work from Home. This includes, but is not limited to: businesses that sell, manufacture, or supply products necessary for persons to work from home or engage in distance learning; 20. Supplies for Essential Businesses and Operations. This includes, but is not limited to: businesses that sell, manufacture, or supply other Essential Services with the support or materials necessary to operate, including computers; audio and video electronics; household appliances; IT and telecommunication equipment; hardware; paint; flat glass; electrical, plumbing, and heating material; sanitary equipment; personal hygiene products; food and food additives, ingredients, and components; medical and orthopedic equipment; optics and photography equipment; diagnostics, food, and 10  beverages, chemicals, soaps, and detergent; and firearm and ammunition suppliers and retailers for purposes of safety and security; 21. Transportation. This includes, but is not limited to: airlines, taxis, transportation network providers (such as Uber and Lyft), vehicle rental services, paratransit, marinas, docks, boat storage, and other private, public, and commercial transportation and logistics providers necessary for Essential Activity or Essential Services under Executive Order No. 22; 22. Home-based Care and Services. This includes, but is not limited to: home-based care for adults, seniors, children, or persons with developmental disabilities, intellectual disabilities, substance use disorders, or mental illness; and caregivers, including nannies, who may travel to a home to provide care or other in-home services, including meal delivery; 23. Residential Facilities and Shelters. This includes, but is not limited to: Residential facilities and shelters for adults, seniors, children, pets, or persons with developmental disabilities, intellectual disabilities, substance use disorders, or mental illness; 24. Professional Services. This includes, but is not limited to: legal services, accounting services, msurance services, or real estate services (including appraisal and title services); 25. Manufacturing, Distribution and Supply Chain for Critical Products and Industries. This includes, but is not limited to: manufacturing companies, distributors, and supply chain companies producing and supplying essential products and services in and for industries such as pharmaceutical, technology, biotechnology, health care, chemicals, sanitization, waste pickup and disposal, agriculture and agricultural products, food and beverage, household consumer products, transportation, energy, steel and steel products, petroleum and fuel, mining, construction, defense and national defense, and communications, as well as products used by or component parts of other Essential Services; 26. Hotels and Motels. This includes, but is not limited to: hotels, motels, lodges, dormitories, and short-term rentals, to the extent used for lodging and delivery or carry- out food and beverage services; 27. Funeral Services. This includes, but is not limited to: funeral, mortuary, cremation, burial, cemetery, and related services; 28. Any business related to Essential Activity, as defined in Executive Order No. 22, including any outdoor recreation area, park, site, or trail that provides opportunities for outdoor recreation while maintaining adherence to the Health Guidelines; 29. Any other business or organization that operates at all times with ten (10) or fewer persons accessing the premises of the business or organization at a time, including 11  employees, customers, and other visitors; provided, that the premises allows for operation within the Health Guidelines and that such Health Guidelines are followed at all times; or 30. The minimum necessary activities required to maintain any business or organization, whether otherwise essential or not, including: a. Maintaining the value of the business's or organization's inventory; b. Preserving the condition of the business's or organization's physical plant and equipment, livestock, or other assets; c. Ensuring the security of the business or organization; d. Processing the business's or organization's mail, payroll, and employee benefits; e. Facilitating employees of the business or organization being able to continue to work remotely from their residences; or f. Conducting any functions related to these activities. 12