Emergency Regulation No. 2021-5

In response to the COVID-19 public health emergency, this emergency regulation adopts a COVID-19 Testing and Proof of Vaccination Policy for City employees, and amends Emergency Regulation No. 2020-21.

Proclamation of the Mayor

I, Jacob Frey, Mayor of the City of Minneapolis, subject to the authority granted to me pursuant to Minnesota Statutes, Ch. 12.29 and Minneapolis Code of Ordinances § 128.50-60 do hereby proclaim the following Emergency Regulation:

Seal of the City of Minneapolis, MN

Emergency Regulation No. 2021-5

Whereas, on March 16, 2020, I declared a local public health emergency related to the COVID-19 pandemic in the City of Minneapolis and assumed executive responsibilities attendant thereto; and

Whereas, state and local health authorities, including the leadership of the Minneapolis Health Department report recent and significant increases in COVID-19 infection rates due to the now-dominant Delta Variant COVID virus; and

Whereas, the State of Minnesota peacetime emergency declaration was terminated by action of the Governor and State Legislature effective Thursday, July 1, 2021, which would otherwise immediately terminate the local public health emergency in the City of Minneapolis; and

Whereas, on July 1, 2021 the Mayor and City Council, in accordance with the provisions of Section 128.50 of the Minneapolis Code of Ordinances, extended the Declaration of Local Public Health Emergency in response to the COVID-19 global health pandemic which was ratified pursuant to Resolution No. 2020R-075, to remain in force and effect in the City of Minneapolis through September 30, 2021; and

Whereas, in light of the substantial increase in the potential risk of infection and spread of the virus through the community as a result of the Delta variant, on August 23, 2021, the Mayor and City Council, in accordance with the provisions of Section 128.50 of the Minneapolis Code of Ordinances, extended the Declaration of Local Public Health Emergency in response to the COVID-19 global health pandemic which was ratified pursuant to Resolution No. 2020R-075, to remain in force and effect in the City of Minneapolis through November 7, 2021; and

Whereas, it is a priority that race and equity be of paramount consideration in enacting and carrying out emergency regulations during the COVID-19 pandemic; and

Whereas, the data shows that older individuals and those suffering from underlying conditions are prone to more severe disease, and also shows that in Minneapolis Black, Indigenous, people of color, and immigrant community members have a higher infection rate with Black community members accounting for 24 percent of cases and Hispanic community members accounting for 17.3 percent of cases; and

Whereas, the City’s workers and other essential workers continue to provide essential services during this emergency, and some of these critical workers face an outsized risk of exposure, and we must protect these essential workers from infection; and

Whereas, public health experts have determined that “COVID-19 vaccines are effective at helping protect against severe disease and death from variants of the virus that causes COVID-19 currently circulating, including the Delta variant;” and

Whereas, public health experts have also recognized that “testing remains an important tool for keeping COVID-19 from spreading to those who are susceptible;” and

Whereas, the City seeks to incentivize vaccination within its workforce as a means of addressing and combating the COVID-19 public health emergency; and

Whereas, Emergency Regulation No. 2020-21 outlines those circumstances under which eligible City of Minneapolis employees are permitted to use the 2021 COVID Emergency Sick Leave to be absent from work; and

Whereas, pursuant to the authority granted to me pursuant to Minnesota Statutes, Ch. 12.29, and Minneapolis Code of Ordinances, Sections 128.50 and 128.60, I am authorized to promulgate emergency regulations to protect the public health, safety, and welfare during this declared emergency.

NOW, THEREFORE, I, Jacob Frey, Mayor of the City of Minneapolis, do hereby order the following emergency regulation:

  1. The City of Minneapolis adopts the attached COVID-19 Testing and Proof of Vaccination Policy, incorporated herein by reference.
  2. Paragraph 5 of Emergency Regulation No. 2020-21 is amended to read:

    Employees can use the 2021 COVID Emergency Sick Leave to be absent from work due to any of the following circumstances:
    1. The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19 and unable to work remotely.
    2. The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19 and is unable to work remotely.
    3. The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
    4. The employee is caring for the child of such employee if the school or place of care of the child has been closed, or the childcare provider of such child is unavailable, due to COVID-19 precautions.
    5. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.
    6. The employee is receiving the COVID-19 vaccine.
    7. The employee has received the COVID-19 vaccine and experiences adverse side effects following receipt of the vaccine.
  3. Effective October 31, 2021, Paragraph 5 of Emergency Regulation No. 2020-21 is amended to read:
    1. Circumstances for Use: Employees can use the 2021 COVID Emergency Sick Leave to be absent from work due to any of the following circumstances:
      1. The employee is subject to a Federal, State, or local isolation order related to COVID-19 and unable to work remotely.
      2. The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19 and is unable to work remotely.
      3. The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
      4. The employee is caring for the child of such employee if the school or place of care of the child has been closed, or the childcare provider of such child is unavailable, due to COVID-19 precautions.
      5. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.
      6. The employee is receiving the COVID-19 vaccine.
      7. The employee has received the COVID vaccine and experiences adverse side effects following receipt of the vaccine.
    2. Eligibility for use:
      1. Employees seeking to use the 2021 COVID-19 Emergency Sick Leave to be absent from work due to reasons i, ii, iii, or v must provide proof that the employee obtained the COVID-19 vaccine and was fully vaccinated prior to the date(s) of the requested leave.
      2. The requirement to provide proof of full vaccination to be absent from work due to reasons i, ii, iii, or v does not apply to those individuals who seek and receive a medical or religious accommodation.

Additional Terms

  1. This Order is effective 12:01 a.m. (CST) September 9, 2021 and continuing until further notice or until it is extended, rescinded, superseded, or amended.
  2. The City Coordinator, in consultation with the Health Commissioner and Chief Human Resources Officer, is hereby directed to implement and monitor the requirements set forth in this Emergency Regulation, and to take such further actions as deemed necessary or advisable to protect the health and safety of City employees and individuals performing services for the City of Minneapolis. Such actions may include designing implementation of this Emergency Regulation in phases so as to prioritize those areas presenting the greatest risk of exposure.
  3. An ARPA allocation of $250,000 is authorized to fund up to two FTEs to implement and maintain operation of the COVID-19 Testing and Proof of Vaccination Policy.

September 8, 2021

See the official signed copy

The policy created by this Emergency Resolution has been replace by the COVID-19 Safe Workplace Policy.