CCR2020024-Emergency Responder Employees
COMMON COUNCIL – CITY OF MUSKEGO
RESOLUTION #024-2020
DESIGNATION OF “EMERGENCY RESPONDER” EMPLOYEES
WHEREAS, in December 2019, a novel strain of the coronavirus was detected, now
named COVID-19, and it has spread throughout the world, including every state in the
United States; and
WHEREAS, on January 3, 2020, the World Health Organization declared COVID-19 to
be a Public Health Emergency of International Concern; and
WHEREAS, on March 12, 2020, Governor Tony Evers declared a public health
emergency to direct all resources needed to respond to and contain COVID-19 in
Wisconsin; and
WHEREAS, on March 13, 2020, President Donald Trump proclaimed a National
Emergency concerning COVID-19; and
WHEREAS, on March 18, 2020, President Donald Trump signed the Families First
Coronavirus Response Act (“FFCRA”), which expands the Family and Medical Leave
Act (Emergency Family and Medical Leave Expansion Act), and creates a paid sick
leave entitlement for certain eligible employees (Emergency Paid Sick Leave Act); and
WHEREAS, the provisions of the FFCRA allows employers to exempt “emergency
responders” and “health care provider” from provisions of the FFCRA; and
WHEREAS, on March 24, 2020, the State of Wisconsin issued a Safer at Home
Emergency Order, Emergency Order #12, in response to the emergency; and
WHEREAS, Paragraphs 1 and 12 recognize that all services provided by local
governments to ensure the continuing operation of the government body and provide
and support the health, safety, and welfare of the public are considered “Essential
Governmental Functions” that must continue during the duration of Emergency Order
#12; and
WHEREAS, Emergency Order #12 categorically exempts broad categories of local
government employees from the restrictions contained therein and otherwise provides
local governments with broad discretion to identify employees and contractors
necessary for the performance of a local government’s “Essential Governmental
Functions”; and
WHEREAS, the purpose of this Resolution is to provide the process for identifying
employees, categories of employment, positions and/or departments that are
“emergency responders” under the FFCRA and, as a result, exempt from the provisions
of the FFCRA.
NOW, THEREFORE, BE IT RESOLVED
1. The following positions in the City of Muskego are hereby designated as
“emergency responder” for purposes of the application and implementation of the
FFCRA:
Director of Finance and Administration
City Assessor
City Engineer
City Attorney
Public Information Officer, if not held by a position already contained herein
Communications Coordinator, if not held by a position already contained
herein
Police Chief
Police Captains
Police Lieutenants
Police Sergeants
Police Officers
Police Detectives
All sworn law enforcement personnel
Dispatchers
Police Administrative Assistants
Public Works Superintendent
Utilities Superintendent
2. It is the intent of this Resolution to define the terms “emergency responder” in the
broadest sense possible consistent with the law in an effort to ensure and
continue our essential functions during this time of emergency. Final
determinations regarding the definition of emergency responder as applied to any
employment position with the City of Muskego shall be determined by the Mayor,
with such decision being final.
DATED THIS 30th DAY OF MARCH 2020.
SPONSORED BY:
KEVIN KUBACKI, COUNCIL PRESIDENT
This is to certify that this is a true and accurate copy of Resolution #024-2020 which
was adopted by the Common Council of the City of Muskego.
Clerk-Treasurer