City of Champaign Mayor Feinen Declares COVID-19 Emergency- Citizens Question Powers Granted in Ordinance and City’s Healthcare Preparedness

City of Champaign Mayor Deborah Feinen issued an Executive Order on March 12, 2020, declaring a local emergency in response to the COVID-19 outbreak. At the time of this emergency declaration, there have been no reported confirmed cases in Champaign County.

City Council convened on March 13, 2020 for a Special Emergency Meeting and passed 9-0 an Ordinance related to the Declaration of Emergency. The Ordinance, CB-2020-022 will be effective for 28 days from the date of passage, and continue for 28-day periods thereafter unless repealed or amended by City Council.

Today’s Council meeting was well attended due to concern and confusion especially regarding emergency powers granted to Mayor Feinen. Following the release of a copy of the ordinance to the public, the city received many queries to the practical aspect of the ordinance.

City Attorney Fred Stavins went over the Ordinance which included items related to:

• Establishing curfews
• Enforcement of quarantine
• Declaring all council meetings “emergency meetings”, enabling flexibility in meetings
• Waiving of compliance with any time consuming procedures and formalities
• Suspending licenses or permits
• Reallocation of city funds and authorization of purchases
• Application for local, state, or federal assistance
• Sources of funds, materials, services
• Adjusting City of Champaign staff/work policies and personnel duties
• Closure of city facilities
• Closure of business establishments
• Extension of payment/fine deadlines
• Closing of liquor establishments and banning sale of liquor
• Banning distribution of gasoline or other flammable/combustible products in any container other than a gasoline tank properly affixed to a motor vehicle
• Banning the sale of explosives, firearms, and ammunition
• Controlling the sale, price, and distribution of commodities and services
• Taking possession of any real or personal property
• Ordering restrictions on ingress or egress to parts of the city
• Closure of streets, alleys, sidewalks, bike paths, public parks or public ways
• Suspension of any regulation or ordinance of the city
• Restriction and regulations on utilities and infrastructure
• Regulate burning

One citizen urged for better communication between the city and the public, especially when the language in the emergency orders had already generated alarm among citizens. On social media, citizens questioned how and when these orders will be put into place as several of the orders are worded in ways that appear to violate a citizen’s constitutional right.

Council member Angie Brix acknowledged that the powers listed sounds very, very, scary but that was not the intent.

Concerned citizens questioned the origin of the drastic language and orders used in this ordinance, asked about Council’s definition of a “massive outbreak”, and brought up issues such as school closures and the repercussion on working parents.

Citizens also wanted to know more about the City’s preparation for public health such as the availability of ventilators, and personal protective equipment for heathcare workers and volunteers.

Council responded with assurance that this was a “worst case scenario”, hoping that many of these will not be put in place, and that Council placed their trust in elected Mayor Feinen to make the right decisions.

City Attorney Stavins clarified that this list of powers was already in the City code for many years and parrot what’s in the State statutes, and that if they were enacted, it would be for a short-term, and the orders would need to be ratified by City Council. City Manager Dorothy Ann David stressed that the orders are practical and necessary to protect the City’s workforce in the event of an emergency so that they can serve the community. From a process standpoint, city staff will be in constant communication with council especially regarding matters outside of typical business.

David acknowledged that the City was equally concerned about the economic impact of the COVID-19 outbreak. Addressing the questions about healthcare, David clarified that the City is taking their leadership and guidance from state and public health agencies, and the management of health resources is part of emergency management at the county wide level.

Council member Tom Bruno questioned the decision to have this meeting in person considering the recommendation for social distancing. Bruno also urged everyone to be more aware of personal hygiene, and to work together to “flatten the curve” so that people who need ventilators can have one and hospitals will not be overwhelmed.  

Council member Clariss Nickerson Fourman expressed concern about the most vulnerable, and on a lighter note, asked Mayor Feinen to please don’t close the liquor stores. To which Mayor Feinen replied, “not today.”

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City of Champaign Ordinance, CB-2020-022, passed on March 13, 2020 in response to the Declaration of Emergency