Tenn. Atty. Gen.: Lee’s emergency orders supersede local government action
Nashville – Tennessee Attorney General Herbert H. Slatery III, responding to a request from Lt. Governor Randy McNally and Speaker Cameron Sexton, has issued an Opinion regarding the priority of Governor Bill Lee’s series of executive orders governing the State’s emergency response during the COVID-19 health crisis.
Lee has issued emergency management orders that, among other things, require everyone in Tennessee to stay at home unless engaging in essential activity or essential services, and place restrictions on social gatherings and business operations.
The executive orders are all aimed at diminishing the spread of COVID-19 and ensuring the State maintains the resources needed to protect the health and well-being of its citizens.
In the Opinion, Slatery points to state law which provides “a broad grant of authority…that the General Assembly has vested solely in the office of the governor-to assume control over all aspects of the State’s response to an emergency such as the COVID-19 pandemic.”
Specifically, Tenn. Code Ann. § 58-2-107(a) says, “the Governor may assume direct operational control over all or any part of the emergency management functions within this state. . . and is authorized to delegate such powers as [he] may deem prudent.”
Slater said the General Assembly “clearly intended” the Governor’s emergency management powers to be exclusive and to override any action taken by political subdivisions and local agencies that conflicts with the Governor’s executive orders.
“This avoids the unmanageable predicament of multiple governmental actions in the midst of an emergency. The General Assembly specified one authoritative voice on state-wide emergencies,” said Slatery.
To read the opinion, click here: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2020/op20-07.pdf
Shelby County Health Department COVID-19 Daily Update: April 27, 2020
Shelby County currently has 2320 confirmed COVID-19 cases. The total number of deaths in Shelby County attributed to COVID-19 is 45.
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The Shelby County Health Department is investigating clusters of infection in a number of facilities that serve vulnerable populations.
Visit the Shelby County Health Department: www.shelbytnhealth.com/coronavirus.
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FROM NNPA NEWSWIRE:
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Monday’s Music Vibe:
