GOVERNOR
EXECUTIVE
ORDER NUMBER FIFTEEN (2018)
Declaration
of a State of Emergency in Preparation for the Anniversary of Charlottesville
Importance of the Issue
The "Unite the Right" rally
in Charlottesville on August 12, 2017, resulted in the tragic deaths of
32-year-old Heather Heyer, Virginia State Police Lieutenant H. Jay Cullen, III,
and Virginia State Police Trooper-Pilot Berke M.M. Bates. Anniversary events,
rallies, and protests are planned to be held in the City of Charlottesville and
in Washington, D.C., on August 11-12, 2018. Accordingly, I declare a state of
emergency in the Commonwealth of Virginia in order to prepare and coordinate
our response to ensure the protection of residents' lives, property, and
Constitutional rights.
State action is required to protect
the health and general welfare of Virginia residents. The anticipated effects
of this situation constitute a disaster wherein human life and public and
private property are, or are likely to be, imperiled, as described in §
44-146.16 of the Code of Virginia.
Therefore, by virtue of the authority
vested in me by § 44-146.17 of the Code of Virginia, as Governor and as
Director of Emergency Management, and by virtue of the authority vested in me
by Article V, Section 7 of the Constitution of Virginia and by § 44-75.1
of the Code of Virginia, as Commander-in-Chief of the armed forces of the
Commonwealth, and subject always to my continuing and ultimate authority and
responsibility to act in such matters, I hereby proclaim a state of emergency
exists. Accordingly, I direct state and local governments to render appropriate
assistance to prepare for these events, to alleviate any conditions resulting
from the situation, and to implement recovery and mitigation operations and
activities so as to return impacted areas to pre-event conditions as much as
possible.
In order to marshal all public
resources and appropriate preparedness, response, and recovery measures to meet
this threat and recover from its effects, and in accordance with my authority
contained in § 44-146.17 of the Code of Virginia, I order the following:
A. Implementation of the
Commonwealth of Virginia Emergency Operations Plan (COVEOP), as amended, by
state agencies along with other appropriate state plans.
B. Activation of the Virginia
Emergency Operations Center (VEOC) and the Virginia Emergency Support Team
(VEST), as directed by the State Coordinator of Emergency Management, to
coordinate the provision of assistance to local governments and emergency
services assignments of other agencies as necessary and determined by the State
Coordinator of Emergency Management and other agencies as appropriate.
C. Activation of the Virginia
National Guard and the Virginia Defense Force to state active duty to assist in
providing such aid.
D. Provision of assistance by the
Virginia National Guard to the Virginia Department of State Police to ensure
crowd control, direct traffic, prevent looting, and perform such other law
enforcement functions as deemed necessary by the Superintendent of State Police
(in consultation with the State Coordinator of Emergency Management, the
Adjutant General, and the Secretary of Public Safety and Homeland Security).
Pursuant to § 52-6 of the Code of Virginia, I authorize the Superintendent
of State Police to appoint any and all such Virginia Army and Air National
Guard personnel called to state active duty as additional police officers as
deemed necessary. The members of the Virginia National Guard activated for this
event shall be authorized under Code of Virginia § 44-75.1(A)(3), to
perform all acts necessary to accomplish the above assistance. The Virginia
National Guard shall have the power of arrest to enforce laws, including all
violations of Section 18.2, Chapter 9, Articles 1 and 2 of the Code of Virginia
(Crimes Against Peace and Order; Riot and Unlawful Assembly; Disorderly
Conduct), and such other acts necessary to protect lives, preserve property,
and in defense of self and others. Any bonds and/or insurance required by
§ 52-7 of the Code of Virginia shall be provided for them at the expense
of the Commonwealth. In all instances, members of the Virginia National Guard
and Virginia Defense Force shall remain subject to military command as
prescribed by § 44-78.1 of the Code of Virginia and are not subject to the
civilian authorities of county or municipal governments.
E. Evacuation of areas threatened or
stricken by effects of this event, as appropriate. Pursuant to § 44-146.17(1)
of the Code of Virginia, I reserve the right to direct and compel the
evacuation of all or part of the populace therein from such areas upon a
determination by the State Coordinator of Emergency Management. I reserve the
right to control the ingress and egress at an emergency area, including the
movement of persons within the area and the occupancy of premises therein based
upon a determination made by the State Coordinator of Emergency Management.
Violations of any order to evacuate shall constitute a violation of this
Executive Order and are punishable as a Class 1 misdemeanor.
F. Activation, implementation, and
coordination of appropriate mutual aid agreements and compacts, including the
Emergency Management Assistance Compact (EMAC), and the authorization of the
State Coordinator of Emergency Management to enter into any other supplemental
agreements, pursuant to §§ 44-146.17(5) and 44-146.28:1 of the Code of
Virginia. The State Coordinator of Emergency Management is hereby designated as
Virginia’s authorized representative within the meaning of the Emergency
Management Assistance Compact, § 44-146.28:1 of the Code of Virginia.
G. Provision of appropriate
assistance, including temporary assignments of non-essential state employees to
the Adjunct Emergency Workforce, be rendered by state agencies to respond to
this situation.
H. Authorization for the heads of
executive branch agencies to act, when appropriate, on behalf of their
regulatory boards to waive any state requirement or regulation where the
federal government has waived the corresponding federal or state regulation
based on the impact of events related to this situation.
I. Activation of the statutory
provisions in § 59.1-525 et seq. of the Code of Virginia related to price
gouging.
J. Authorization of a maximum of
$2,000,000 in state sum sufficient funds for state and local government mission
assignments authorized and coordinated through the Virginia Department of
Emergency Management that are allowable as defined by The Stafford Act, 42 U.S.C.
§ 5121 et seq. This funding is also available for state response and recovery
operations and incident documentation. Out of this state disaster sum
sufficient, I authorize an amount estimated at $250,000 for the Department of
Military Affairs for the state's portion of the eligible disaster-related costs
incurred for salaries, travel, and meals during mission assignments authorized
and coordinated through the Virginia Department of Emergency Management.
K. Implementation by public agencies
under my supervision and control of their emergency assignments as directed in
the COVEOP without regard to normal procedures pertaining to performance of
public work, entering into contracts, incurring of obligations or other
logistical and support measures of the Emergency Services and Disaster Laws, as
provided in § 44-146.28(b) of the Code of Virginia. Section 44-146.24 of
the Code of Virginia also applies to the disaster activities of state agencies.
L. During this declared emergency,
any person who holds a license, certificate, or other permit issued by any
state or political subdivision thereof, evidencing the meeting of
qualifications for professional, mechanical, or other skills, the person,
without compensation other than reimbursement for actual and necessary
expenses, may render aid involving that skill in the Commonwealth during this
emergency. Such person shall not be liable for negligently causing the death
of, or injury to, any person or for the loss of, or damage to, the property of
any person resulting from such service as set forth in Code of Virginia
§ 44-146.23 C. Additionally, members and personnel of volunteer,
professional, auxiliary, and reserve groups identified and tasked by the State
Coordinator of Emergency Management for specific disaster-related mission
assignments, as representatives of the Commonwealth engaged in emergency
services activities within the meaning of the immunity provisions of
§ 44-146.23 A of the Code of Virginia, shall not be liable for the death
of, or any injury to, persons or damage to property as a result of such
activities, as provided in § 44-146.23 A of the Code of Virginia.
M. Designation of physicians,
nurses, and other licensed and non-licensed health care providers and other
individuals as well as hospitals, nursing facilities and other licensed and
non-licensed health care organizations, political subdivisions and other
private entities by state agencies, including the Departments of Health,
Behavioral Health and Developmental Services, Social Services, Emergency Management,
Transportation, State Police, Motor Vehicles, as representatives of the
Commonwealth engaged in emergency services activities, at sites designated by
the Commonwealth, within the meaning of the immunity provisions of
§ 44-146.23 A of the Code of Virginia, in the performance of their
disaster-related mission assignments.
N. As provided in
§ 44-146.23 F of the Code of Virginia, no individual, corporation,
partnership, association, cooperative, limited liability company, trust, joint
venture, fraternal organization, religious organization, charitable
organization, or any other legal or commercial entity and any successor,
officer, director, representative, or agent thereof, who, without compensation
other than reimbursement for actual and necessary expenses, provides services,
goods, real or personal property, or facilities at the request and direction of
the State Department of Emergency Management or a county or city employee whose
responsibilities include emergency management shall be liable for the death of
or injury to any person or for the loss of, or damage to, the property of any
person where such death, injury, loss, or damage was proximately caused by the
circumstances of the actual emergency or its subsequent conditions, or the
circumstances of this emergency.
Upon my approval, the costs incurred
by state agencies and other agents in performing mission assignments through
the VEOC as defined herein and in § 44-146.28 of the Code of Virginia,
other than costs defined in the paragraphs above pertaining to the Virginia
National Guard and pertaining to the Virginia Defense Force, shall be paid from
state funds.
Effective Date of this Executive
Order
This Executive Order shall be
effective August 8, 2018, and shall remain in full force and in effect until
September 12, 2018, unless sooner amended or rescinded by further executive
order. Termination of the Executive Order is not intended to terminate any
federal-type benefits granted or to be granted due to injury or death as a
result of service under this Executive Order.
Given under my hand and under the
Seal of the Commonwealth of Virginia, this 8th day of August, 2018.
/s/ Ralph S. Northam
Governor
EXECUTIVE ORDER NUMBER SIXTEEN
(2018)
Establishing
an Inter-Agency Task Force on Worker Misclassification and Payroll Fraud
Importance of the Issue
The misclassification of employees as
"independent contractors" undermines businesses that follow the law,
deprives the Commonwealth of millions of dollars in tax revenues, and prevents
workers from receiving legal protections and benefits.
A 2012 report of the Joint
Legislative Audit and Review Commission (JLARC) found that one third of audited
employers in certain industries misclassify their employees. By failing to
purchase workers' compensation insurance, pay unemployment insurance and
payroll taxes, or comply with minimum wage and overtime laws, employers lower
their costs as much as 40%, placing other employers at a competitive
disadvantage.
Based on state and national studies,
JLARC estimated that worker misclassification lowers Virginia's state income
tax collections as much as $28 million a year. Agencies with relevant
enforcement responsibilities, including the Virginia Employment Commission, the
Department of Labor and Industry, the Department of Professional and
Occupational Regulation, the State Corporation Commission's Bureau of
Insurance, the Department of Taxation, and the Workers' Compensation Commission
each address only one component of this practice and may not fully coordinate
their efforts. In its study, JLARC recommended the establishment of a task
force with representatives from the agencies listed above.
Establishment of the Task Force
Pursuant to the authority vested in
me as Governor under Article V of the Constitution of Virginia, and the Code of
Virginia, in order to examine the issue of worker misclassification and payroll
fraud, I hereby create an Inter-Agency Taskforce on Worker Misclassification
and Payroll Fraud (Taskforce).
Initiatives
The purpose of the Taskforce is to
develop and implement a comprehensive plan with measurable goals to reduce
worker misclassification and payroll fraud in Virginia. The activities of the
Taskforce should include, but not be limited to:
1. Reviewing statutes and regulations
related to worker misclassification and payroll fraud;
2. Evaluating current enforcement
practices of the agencies involved;
3. Developing procedures for more
effective inter-agency cooperation and joint enforcement;
4. Developing educational materials
and an outreach strategy for employers;
5. Advising on any technological or
other improvements in worker misclassification and payroll fraud detection;
6. Recommending any appropriate
changes to relevant legislation or administrative rules;
7. Identifying ways to involve external
stakeholders in the Taskforce's work;
8. Identifying ways to hold companies
working on state contracts who commit payroll fraud through misclassification
of workers accountable; and
9. Identifying ways to deter such
misconduct through incentives and enforcement mechanisms.
The Taskforce will be chaired by the
Secretary of Commerce and Trade and will include representatives from the
Virginia Employment Commission, the Department of General Services, the
Department of Labor and Industry, the Department of Professional and
Occupational Regulation, the State Corporation Commission's Bureau of
Insurance, the Department of Taxation, the Workers' Compensation Commission,
and the Office of the Attorney General.
The Taskforce shall develop a work
plan by November 1, 2018. The Taskforce shall report to the Governor on its
progress by August 1, 2019.
Staffing
Staff necessary for the Task Force
will be provided by the respective agencies participating with the Task Force.
Effective Date of the Executive
Order
This Executive Order shall be
effective upon its signing and, pursuant to §§ 2.2-134 and 2.2-135 of the
Code of Virginia, shall remain in full force and effect for a year from its
signing or until superseded or rescinded.
Given under my hand and under the
Seal of the Commonwealth of Virginia this 10th day of August, 2018.
/s/ Ralph S. Northam
Governor