What is everybody/anybody doing in terms of compliance with violation of
Governor Stitt's Executive Order?

Thanks,

Ted W. Haxel (OBA#3997)
Attorney at Law
108 North Second St.
P.O. Box 367
Purcell, OK 73080
405-527-5888 phone
405-527-6666 fax

HOURS:  Monday-Thursday 8:00 a.m.-4:30 p.m.; Friday 8:00 a.m.-noon.

The information contained in this message is confidential information
intended only for the intended recipient. If you are not the intended
recipient, or if you believe you have received this transmission in error,
do not distribute, disclose or copy this message. Please immediately notify
us by telephone or by return email, and delete this email and any
attachments from your electronic files.

Making a revised proclamation to reflect the Governor’s statement

Claudia

On Mar 25, 2020, at 2:38 PM, Andie via Oama oama@lists.imla.org wrote:


What is everybody/anybody doing in terms of compliance with violation of Governor Stitt’s Executive Order?

Thanks,

Ted W. Haxel (OBA#3997)
Attorney at Law
108 North Second St.
P.O. Box 367
Purcell, OK 73080
405-527-5888 phone
405-527-6666 fax

HOURS:  Monday-Thursday 8:00 a.m.-4:30 p.m.; Friday 8:00 a.m.-noon.

The information contained in this message is confidential information intended only for the intended recipient. If you are not the intended recipient, or if you believe you have received this transmission in error, do not distribute, disclose or copy this message. Please immediately notify us by telephone or by return email, and delete this email and any attachments from your electronic files.

--
Oama mailing list
Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org

More specifically, I should have asked, what measures of enforcement for non-compliance.

Ted

From: Heather Poole [mailto:hpoole@MidwestCityOK.org]
Sent: Wednesday, March 25, 2020 2:44 PM
To: haxellaw@aol.com
Cc: oama@lists.imla.org
Subject: Re: [Oama] Compliance-Covid-19

Midwest City modified its ordinance addressing what businesses should be closed at last night’s regularly scheduled city council meeting. I’ll send out format once signed. Has governor’s office issued final guidance on how Oklahoma is implementing DHS guidance on essential business?

HEATHER M. POOLE

---==============

DISCLAIMER - This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information.  If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.

On Mar 25, 2020, at 2:38 PM, Andie via Oama oama@lists.imla.org wrote:



What is everybody/anybody doing in terms of compliance with violation of Governor Stitt’s Executive Order?

Thanks,

Ted W. Haxel (OBA#3997)
Attorney at Law
108 North Second St.
P.O. Box 367
Purcell, OK 73080
405-527-5888 phone
405-527-6666 fax

HOURS:  Monday-Thursday 8:00 a.m.-4:30 p.m.; Friday 8:00 a.m.-noon.

The information contained in this message is confidential information intended only for the intended recipient. If you are not the intended recipient, or if you believe you have received this transmission in error, do not distribute, disclose or copy this message. Please immediately notify us by telephone or by return email, and delete this email and any attachments from your electronic files.

<Part.002>

There is a “Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response,” from the U.S. Dept. of Homeland Security, Cybersecurity & Infrastructure Security Agency, which explains who may be exempted because they are “critical employees.”  These are broadly grouped into the following:  Healthcare/Public Health; Law Enforcement, Public Safety, First Responders; Food & Agriculture (includes groceries, pharmacies, etc.; Energy; Water and Wastewater; Transportation and Logistics; Communications and Information Technology; Other Community-Based Government Operations and Essential Functions; Critical Manufacturing; Hazardous Materials; Financial Services; Chemical, and Defense Industrial Base.  Should be available at www.cisa.govhttp://www.cisa.gov.

Good Luck!

From: Oama oama-bounces@lists.imla.org On Behalf Of Heather Poole
Sent: Wednesday, March 25, 2020 2:44 PM
To: haxellaw@aol.com
Cc: oama@lists.imla.org
Subject: Re: [Oama] Compliance-Covid-19

Midwest City modified its ordinance addressing what businesses should be closed at last night’s regularly scheduled city council meeting. I’ll send out format once signed. Has governor’s office issued final guidance on how Oklahoma is implementing DHS guidance on essential business?
HEATHER M. POOLE

---==============
DISCLAIMER - This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information.  If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.

On Mar 25, 2020, at 2:38 PM, Andie via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org> wrote:

What is everybody/anybody doing in terms of compliance with violation of Governor Stitt’s Executive Order?

Thanks,

Ted W. Haxel (OBA#3997)
Attorney at Law
108 North Second St.
P.O. Box 367
Purcell, OK 73080
405-527-5888 phone
405-527-6666 fax

HOURS:  Monday-Thursday 8:00 a.m.-4:30 p.m.; Friday 8:00 a.m.-noon.

The information contained in this message is confidential information intended only for the intended recipient. If you are not the intended recipient, or if you believe you have received this transmission in error, do not distribute, disclose or copy this message. Please immediately notify us by telephone or by return email, and delete this email and any attachments from your electronic files.

<Part.002>

The City of Oklahoma City has an ordinance specifically providing for the enforcement of its Proclamation.

In terms of enforce of the Governor’s Order, I believe following applies:

63 OS 683.23

A. The Oklahoma Department of Emergency Management (OEM) may request the Attorney General to institute a civil action for relief, including a permanent or temporary injunction, restraining order or any other appropriate order in the appropriate district court, whenever any person:

1. Violates or fails or refuses to comply with any order or decision issued by the OEM;

2. Interferes with, hinders or delays the OEM in carrying out its duties and responsibilities;

3. Refuses to admit authorized representatives of the OEM;

4. Refuses to permit inspection by authorized representatives of the OEM;

5. Refuses to furnish any information or report requested by the OEM to accomplish its duties and responsibilities;

6. Refuses to permit access to, or copying of, such records as the OEM determines necessary to accomplish its duties and responsibilities.

B. The court shall have jurisdiction to provide such relief as may be appropriate. Any relief granted by the court to enforce an order under subsection A of this section shall continue in effect until the completion or final termination of all proceedings for review of such order is made, unless the district court granting such relief sets it aside or modifies it.

C. Any person willfully violating any rule, regulation or order of the OEM shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by imprisonment in the county jail for not more than six (6) months, or by a fine of not more than Three Thousand Dollars ($3,000.00), or both. Each day of violation shall constitute a separate offense.

D. The Department of Public Safety, the Oklahoma State Bureau of Investigation, and the Oklahoma Tax Commission shall assist the OEM in the enforcement of any rule, regulation or order of the OEM.

From: Oama oama-bounces@lists.imla.org On Behalf Of Heather Poole
Sent: Wednesday, March 25, 2020 2:55 PM
To: haxellaw@aol.com
Cc: oama@lists.imla.org
Subject: Re: [Oama] Compliance-Covid-19

$200 fine and possible permit and license loss for businesses not in compliance.

HEATHER M. POOLE

---==============
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On Mar 25, 2020, at 2:47 PM, Andie <haxellaw@aol.commailto:haxellaw@aol.com> wrote:

More specifically, I should have asked, what measures of enforcement for non-compliance.

Ted

From: Heather Poole [mailto:hpoole@MidwestCityOK.org]
Sent: Wednesday, March 25, 2020 2:44 PM
To: haxellaw@aol.commailto:haxellaw@aol.com
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Compliance-Covid-19

Midwest City modified its ordinance addressing what businesses should be closed at last night’s regularly scheduled city council meeting. I’ll send out format once signed. Has governor’s office issued final guidance on how Oklahoma is implementing DHS guidance on essential business?
HEATHER M. POOLE

---==============
DISCLAIMER - This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information.  If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.

On Mar 25, 2020, at 2:38 PM, Andie via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org> wrote:

What is everybody/anybody doing in terms of compliance with violation of Governor Stitt’s Executive Order?

Thanks,

Ted W. Haxel (OBA#3997)
Attorney at Law
108 North Second St.
P.O. Box 367
Purcell, OK 73080
405-527-5888 phone
405-527-6666 fax

HOURS:  Monday-Thursday 8:00 a.m.-4:30 p.m.; Friday 8:00 a.m.-noon.

The information contained in this message is confidential information intended only for the intended recipient. If you are not the intended recipient, or if you believe you have received this transmission in error, do not distribute, disclose or copy this message. Please immediately notify us by telephone or by return email, and delete this email and any attachments from your electronic files.

<Part.002>
CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.

OMAG just finished a blog post on this topic.  It can be found here: https://www.omag.org/news/2020/3/24/enforcement-of-the-governors-executive-order-during-a-state-of-emergency

Hope this is helpful.
Jeff Bryant

Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.orgmailto:jbryant@omag.org

[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma  73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.orghttps://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0

From: Oama oama-bounces@lists.imla.org On Behalf Of Mark Ramsey
Sent: Wednesday, March 25, 2020 3:07 PM
To: Heather Poole hpoole@MidwestCityOK.org; haxellaw@aol.com
Cc: oama@lists.imla.org
Subject: Re: [Oama] Compliance-Covid-19

There is a “Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response,” from the U.S. Dept. of Homeland Security, Cybersecurity & Infrastructure Security Agency, which explains who may be exempted because they are “critical employees.”  These are broadly grouped into the following:  Healthcare/Public Health; Law Enforcement, Public Safety, First Responders; Food & Agriculture (includes groceries, pharmacies, etc.; Energy; Water and Wastewater; Transportation and Logistics; Communications and Information Technology; Other Community-Based Government Operations and Essential Functions; Critical Manufacturing; Hazardous Materials; Financial Services; Chemical, and Defense Industrial Base.  Should be available at www.cisa.govhttps://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.cisa.gov%2F&data=02%7C01%7Cjbryant%40omag.org%7C38102b579d004dd9eb6308d7d0f840c1%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637207636967905735&sdata=zeBJpugy2GF13Vn713lEICsyCIQKOek6ernJIB49k6k%3D&reserved=0.

Good Luck!

From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Heather Poole
Sent: Wednesday, March 25, 2020 2:44 PM
To: haxellaw@aol.commailto:haxellaw@aol.com
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Compliance-Covid-19

Midwest City modified its ordinance addressing what businesses should be closed at last night’s regularly scheduled city council meeting. I’ll send out format once signed. Has governor’s office issued final guidance on how Oklahoma is implementing DHS guidance on essential business?
HEATHER M. POOLE

---==============
DISCLAIMER - This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information.  If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.

On Mar 25, 2020, at 2:38 PM, Andie via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org> wrote:

What is everybody/anybody doing in terms of compliance with violation of Governor Stitt’s Executive Order?

Thanks,

Ted W. Haxel (OBA#3997)
Attorney at Law
108 North Second St.
P.O. Box 367
Purcell, OK 73080
405-527-5888 phone
405-527-6666 fax

HOURS:  Monday-Thursday 8:00 a.m.-4:30 p.m.; Friday 8:00 a.m.-noon.

The information contained in this message is confidential information intended only for the intended recipient. If you are not the intended recipient, or if you believe you have received this transmission in error, do not distribute, disclose or copy this message. Please immediately notify us by telephone or by return email, and delete this email and any attachments from your electronic files.

<Part.002>

Heather it’s in the Homeland Security letter.  It says:

From Dept of Homeland Security. Essential workers are described as: “The attached list identifies workers who conduct a range of operations and services that are essential to continued critical infrastructure viability, including staffing operations centers, maintaining and repairing critical infrastructure, operating call centers, working construction, and performing management functions, among others. The industries they support represent, but are not necessarily limited to, medical and healthcare, telecommunications, information technology systems, defense, food and agriculture, transportation and logistics, energy, water and wastewater, law enforcement, and public works”

Claudia

On Mar 25, 2020, at 2:44 PM, Heather Poole HPoole@midwestcityok.org wrote:

 Midwest City modified its ordinance addressing what businesses should be closed at last night’s regularly scheduled city council meeting. I’ll send out format once signed. Has governor’s office issued final guidance on how Oklahoma is implementing DHS guidance on essential business?
HEATHER M. POOLE

---==============
DISCLAIMER - This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information.  If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.

On Mar 25, 2020, at 2:38 PM, Andie via Oama oama@lists.imla.org wrote:


What is everybody/anybody doing in terms of compliance with violation of Governor Stitt’s Executive Order?

Thanks,

Ted W. Haxel (OBA#3997)
Attorney at Law
108 North Second St.
P.O. Box 367
Purcell, OK 73080
405-527-5888 phone
405-527-6666 fax

HOURS:  Monday-Thursday 8:00 a.m.-4:30 p.m.; Friday 8:00 a.m.-noon.

The information contained in this message is confidential information intended only for the intended recipient. If you are not the intended recipient, or if you believe you have received this transmission in error, do not distribute, disclose or copy this message. Please immediately notify us by telephone or by return email, and delete this email and any attachments from your electronic files.

<Part.002>

Oama mailing list
Oama@lists.imla.org
http://lists.imla.org/mailman/listinfo/oama_lists.imla.org

The federal guidance is helpful and we’ve relied heavily on it in Norman.

In looking at the Governor’s information just released (https://www.okcommerce.gov/wp-content/uploads/Oklahoma-Essential-Industries-List.pdf), he has designated additional industries by their NAICS code as “essential”. If you look up those general NAICS codes (https://www.naics.com/code-search/), the specific types of businesses in these industries renders the executive order nearly useless. For example, if  you look at the NAICS code listed for “Miscellaneous retail” – Code 458 includes clothing stores, clothing accessories stores, shoe stores, jewelry stores, and luggage and leather goods stores. Code 451 includes book stores, hobby stores, sporting goods stores, etc.

I believe Norman will continue to stand on his own locally issued proclamation.

Kathryn L. Walker
City Attorney

From: Oama oama-bounces@lists.imla.org On Behalf Of Mark Ramsey
Sent: Wednesday, March 25, 2020 3:07 PM
To: Heather Poole hpoole@MidwestCityOK.org; haxellaw@aol.com
Cc: oama@lists.imla.org
Subject: EXTERNAL EMAIL : Re: [Oama] Compliance-Covid-19

There is a “Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response,” from the U.S. Dept. of Homeland Security, Cybersecurity & Infrastructure Security Agency, which explains who may be exempted because they are “critical employees.”  These are broadly grouped into the following:  Healthcare/Public Health; Law Enforcement, Public Safety, First Responders; Food & Agriculture (includes groceries, pharmacies, etc.; Energy; Water and Wastewater; Transportation and Logistics; Communications and Information Technology; Other Community-Based Government Operations and Essential Functions; Critical Manufacturing; Hazardous Materials; Financial Services; Chemical, and Defense Industrial Base.  Should be available at www.cisa.govhttp://www.cisa.gov.

Good Luck!

From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Heather Poole
Sent: Wednesday, March 25, 2020 2:44 PM
To: haxellaw@aol.commailto:haxellaw@aol.com
Cc: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Compliance-Covid-19

Midwest City modified its ordinance addressing what businesses should be closed at last night’s regularly scheduled city council meeting. I’ll send out format once signed. Has governor’s office issued final guidance on how Oklahoma is implementing DHS guidance on essential business?
HEATHER M. POOLE

---==============
DISCLAIMER - This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information.  If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.

On Mar 25, 2020, at 2:38 PM, Andie via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org> wrote:

What is everybody/anybody doing in terms of compliance with violation of Governor Stitt’s Executive Order?

Thanks,

Ted W. Haxel (OBA#3997)
Attorney at Law
108 North Second St.
P.O. Box 367
Purcell, OK 73080
405-527-5888 phone
405-527-6666 fax

HOURS:  Monday-Thursday 8:00 a.m.-4:30 p.m.; Friday 8:00 a.m.-noon.

The information contained in this message is confidential information intended only for the intended recipient. If you are not the intended recipient, or if you believe you have received this transmission in error, do not distribute, disclose or copy this message. Please immediately notify us by telephone or by return email, and delete this email and any attachments from your electronic files.

<Part.002>