Coronavirus (COVID-19) Governor's Proclamations and State Guidance

Governor’s Emergency Authority

The governor has the authority to issue emergency proclamations under RCW 43.06.220, which has two distinct components: (1) prohibiting activities and (2) waiving or suspending existing statutes.

The governor has sole authority to issue and extend emergency proclamations under RCW 43.06.220(1), which includes “[s]uch other activities as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace.” The “Stay Home, Stay Healthy” Proclamation 20-25 (March 23, 2020), and subsequent extensions and amendments were issued under RCW 43.06.220(1).

A state appeals court, in upholding the governor’s statewide eviction moratorium, noted that this statutory language is “unambiguous” and allows the governor to prohibit any activities the governor reasonably believes is necessary to preserve life, health, property, or the public peace (Gonzales v. Inslee, No. 55915-3-II, Div. II Washington Court of Appeals, February 23, 2022). The Gonzales case did not address the governor’s authority under RCW 43.06.220(2) – discussed below – because the eviction moratorium did not waive or suspend a statute.

The governor also has the authority to issue emergency proclamations under RCW 43.06.220(2), which includes waiving or suspending statutory obligations or limitations. However, these proclamations are limited to 30 days and can only be extended beyond 30 days by concurrent resolution of the legislature, or by the legislative leadership (majority and minority leaders of both houses) if the legislature is not in session. An example of this authority is Proclamation 20-34, which temporarily suspended a portion of an existing state statute requiring local governments to file an annual financial report within 150 days of the close of the fiscal year.

An emergency proclamation issued under both subsections may require action from both the governor and the legislature (or its leadership) to extend all provisions of the proclamation beyond 30 days. If the legislature does not agree, the portion of the declaration issued under RCW 43.06.220(2) expires after 30 days while the portion issued under RCW 43.06.220(1) remains in effect until terminated by the governor.

Federal Emergency Declarations

While this page focuses primarily on state emergency powers and declarations, federal officials have the authority to declare national or public health emergencies that can potentially impact local governments in Washington.

In the absence of a gubernatorial declaration of emergency, these federal declarations can potentially trigger certain state laws such as requiring notification of potential workplace exposure or disease spread (RCW 49.17.062-.064), requiring employers to generally accommodate employees or contractors who voluntarily choose to wear face masks or other personal protective equipment (RCW 49.17.485), or authorizing remote-only or limited-capacity public meetings if the local governing body (city council, board of county commissioners, etc.) additionally finds that it cannot hold an in-person meeting with reasonable safety because of the declared emergency (RCW 42.30.230).

The federal government has issued several emergency declarations related to the COVID-19 pandemic. The declarations most pertinent to most local governments are those issued by the President and the Secretary of Health and Human Services.

​​The President may declare national emergencies under the National Emergencies Act (50 U.S.C. Chapter 34). Any national emergency may not exceed one year at a time and may be terminated earlier by the president or a joint vote of Congress, but the emergency declaration may be continued in one-year increments (50 U.S.C. § 1622). State and local governments may separately request presidential disaster declarations under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Chapter 68).

The U.S. Secretary of Health and Human Services (HHS) can declare a public health emergency (PHE) under Section 319 of the Public Health Service Act (42 U.S.C. § 247d). These declarations terminate in 90 days or upon the Secretary's declaration that the emergency no longer exists, whichever comes first, but may be renewed in additional 90-day increments.

"Washington Ready" Order and Re-Opening Status

• Safe Start Reopening Guide for State Agencies – Governor Inslee issued a memo to local governments encouraging them to use this guide as a resource when developing their own Safe Start Plans.
  • Phase 3 Safe Start Plan Template – Guidance originally issued in summer 2020 to help local government agencies and other entities develop a written safety plan outlining how they will prevent the spread of COVID-19 in the workplace. This document was issued under the former “Safe Start” plan, which has since been superseded, but the general health and safety considerations are still helpful. However, make sure to check the state’s current public health guidance.
• Department of Health COVID-19 Resources and Recommendations – Includes information for businesses and workers and resources related to vaccinations, testing/quarantine, contact tracing, face coverings, and more
  • Guidance for Non-Health Care Businesses and Organizations During COVID-19 – Information about ongoing prevention responsibilities, orders and directives that remain in place, and how to respond and work with public health in the event of a COVID-19 case or outbreak
  • Guidance to Prevent and Respond to COVID-19 in K-12 Schools and Child Cares (effective November 1, 2022)

Economic Impacts

• Employment Security Department COVID-19 Economic Data – Includes data regarding unemployment insurance, labor force estimates, and employment reports

Face Masks, Vaccinations, and Testing

• Department of Health: Masks and Face Coverings – Information and resources related to the statewide facial covering requirements
  • Interim SARS-CoV-2 Self-Testing Guidance for Employers – Provides information to help non-healthcare employers determine the potential use of COVID self-tests and/or develop self-testing policies. If the employer directs the use of self-testing in any of the ways described in the document, the employer must receive a CLIA Certificate of Waiver from DOH and report all test results to DOH.
• Department of Labor & Industries: L&I Requirements and Guidance for Preventing COVID-19
• Office of Superintendent of Public Instruction: COVID-19 Vaccination Guidance for School Districts on Evaluating Religious Accommodation Requests – Should also be helpful to other local governments besides schools

Public Health Data & Resources

• Department of Health: COVID-19 – Includes information on masks, vaccinations, testing, treatments, and more
  • COVID-19 Data Dashboard – Provides interactive data on COVID-19 disease activity, testing, vaccinations, hospital use, and more
  • Isolation and Quarantine Guidelines and Forms – Forms for use by local health officers when they find it necessary to isolate or quarantine individuals

Employee Leave, Benefits, and Unemployment

• Employee Security Department: COVID-19 Information – Includes Q&As for workers and employers
  • Unemployment Benefits Fraud – Information on how employers and employees can report fraudulent unemployment claims

Open Public Meetings Act (OPMA)

Public Records Act (PRA)

• State Archives: Managing COVID-19 Pandemic Records – Provides information on retention of records related to the agency's response to COVID-19, as well as COVID-19 health screening records for employees and visitors.

Financial Reporting and Resources

• Office of Financial Management: ARPA Letter to Non-Entitlement Cities and Towns (June 7, 2021) – Includes list of information each entity must submit to OFM, distribution amounts, a copy of the U.S. Treasury award terms and conditions agreement, and the assurance of compliance with Title VI of the Civil Rights Act of 1964.
• State Auditor's Office: COVID-19 Guidance Toolkit – Information on federal financial assistance, auditing guidance, accounting and reporting, and more

Utilities

Gift of Public Funds

• Attorney General's Office: Memorandum on Gift of Public Funds and COVID-19 (March 17, 2020) – Concludes that generally speaking, local governments have broad authority to make expenditures combating COVID-19 because such efforts further fundamental public purposes such as protecting public health and welfare.
  • Legality of Options for Supporting Small Businesses and Low-Income Individuals During a Public Health Crisis (April 6, 2020) – Concludes that local governments may provide cash assistance to low-income individuals struggling due to COVID-19 consistent with gift of public funds restrictions; small business grants/loans are likely permissible as long as safeguards are in place to prevent fraud/abuse.

Eviction Moratoriums and Tenant Protections

Planning

Information Technology and Telecommuting

• WA Tech: State IT Resources Checklist for Local and Municipal Governments During the COVID-19 Crisis (2020) – Checklist for local agencies to provide mobile/remote support for their workplaces, including links to relevant state master contracts