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Who declares an emergency? <br />Local Authority <br />The mayor has the authority to declare a local emergency, which activates the city's emergency <br />management and response plan. This is done via a proclamation. Each city should review their <br />respective plans and understand when it is appropriate to declare an emergency. A local emergency <br />cannot last longer than three days, unless extended by the city council (Minn. Stat. 12.29). A <br />proclamation by a mayor and a council extension of an emergency by resolution can happen <br />simultaneously. <br />Declaring a local emergency allows cities to perform certain actions to respond to an emergency <br />situation without following certain procedures. Examples include entering into contracts, incurring <br />obligations, renting equipment, and employing temporary workers. More detailed procedures <br />regarding emergency -related contracts can be found in the League of Minnesota Cities' memo <br />Expenditures, Purchasing, and Contracts. <br />Proclamation and resolution templates for declaring local emergencies are in the Appendix. <br />State Authority <br />The Governor has the authority to declare a statewide public health emergency, which activates <br />the state's emergency response and management plan. This is done via an executive order under <br />Minnesota Statutes Chapter 12. <br />A public health emergency is determined at the discretion of the Governor, with input from the <br />Commissioner of MDH. Evidence must exist that the illness or health condition is caused by a <br />new, novel, or previously controlled or eradicated airborne, infectious agent or airborne, biological <br />toxin. There must also be a high probability that the illness or health condition will cause at least <br />one of the following: a large number of deaths; a large number of serious or long-term disabilities; <br />or widespread exposure to an airborne agent that poses a significant risk of substantial future harm <br />to a large number of people. More information on the powers and criteria afforded under law for <br />emergency management can be found here. <br />Minnesota Department of Health ("MDH") — The MDH Commissioner is responsible for <br />MDH's All -Hazards Plan, which provides the framework for responding to a health crisis. <br />Center For Disease Control ("CDC„) — The CDC has authority to manage public health crises. <br />However, for local government, the determinations made by the Governor and the MDH <br />Commissioner are more immediately impactful. <br />The World Health Organization ("WHO") — The WHO defines a "pandemic" as an outbreak <br />that involves a "worldwide spread of a new disease." An "influenza pandemic" occurs when "a <br />new influenza virus emerges and spreads around the world, and most people do not have <br />immunity." A determination by the WHO that there is a pandemic or influenza pandemic would <br />most impact local governments through a ripple effect that would likely occur at the national and <br />state level. <br />2 <br />642994v1 SJR FA105-5 <br />