HomeMy WebLinkAboutPO 7303: APPROVAL TO RESCIND COVID-19 ORDINANCE Energy
City of cm
*PH.: rthur�r
Texas
Date: December 23, 2024
To: Ron Burton, CPM, City Manager
From: Judith A. Smith, RN, BSN, Director of Health
RE: Approval To Rescind COVID Ordinance
Nature of the Request:
I am writing to recommend the rescission of the city's COVID-19 return-to-work policy for city
staff. During the height of the pandemic, this policy was essential in ensuring the health and
safety of our employees while maintaining the continuity of city services. However, the policy is
no longer necessary with the significant changes in public health conditions and guidance.
As of March 2024, the state of Texas no longer requires reporting individual cases of COVID-19
to public health authorities unless there are outbreaks in specific populations or facilities. This
shift reflects the broader public health consensus that COVID-19 is no longer a widespread
public emergency and can be managed similarly to other common respiratory illnesses like the
flu.
Key reasons to rescind the policy include:
1. Pandemic Status Change: The COVID-19 pandemic has been officially declared at the
national and state levels. The virus is now endemic, meaning it is present in the
population but at manageable levels that no longer require emergency interventions.
2. Updated Public Health Guidelines: Reporting individual COVID-19 cases is no longer
mandated unless there is a significant outbreak. This shift reduces the need for strict,
centralized return-to-work protocols, as COVID-19 is treated similarly to other common
illnesses.
3. Adaptation to Current Health Standards: With the widespread availability of
vaccines, treatments, and immunity within the population, COVID-19 cases are generally
milder and less disruptive. Current health policies encourage employees to stay home
when feeling unwell, which aligns with general workplace illness guidelines.
4. Streamlining City Operations: The current return to work policy was created to manage
the exceptional conditions of the pandemic. With those conditions no longer present, it is
now an unnecessary administrative burden. By rescinding this policy, the city can align
its operations with current best practices, allowing for a more flexible and efficient
workforce.
5. Focus on Workplace Flexibility and Health: Rather than maintaining outdated COVID-
19-specific rules, the city can focus on fostering a healthy work environment through
general wellness policies, encouraging sick employees to stay home, and supporting
remote work where applicable.
Considering these factors, I recommend that the council rescind the previous COVID-19 return-
to-work policy and adopt a more generalized approach to managing illness in the workplace. The
City's Health Authority, Municipal Health Nurse Practitioner, and Health Director will
implement a return-to-work plan that closely follows CDC guidelines. This will enable the city
to move forward efficiently while prioritizing the health and safety of our employees.
Analysis, Considerations: N/A
Recommendations: The City Council should approve P.R. No.7303, rescinding Chapter 78,
Article II, Division 5, Sections 78-188 through 78-192 of the Code of Ordinances relating to the
COVID-19 health and safety policy and other related sections.
Budget Considerations: N/A
"REMEMBER WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR"
P.O.BOX 1089•PORT ARTHUR,TX 77641-1089.409/983-8101•FAX 409/982-6743
P.O. NO 7303
12-23-2024 TNR
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS,
RESCINDING AND REPEALING CHAPTER 78, ARTICLE II,
DIVISION 5, SECTIONS 78-188 THROUGH 78-192 OF THE CODE
OF ORDINANCES, RELATING TO THE COVID-19 HEALTH AND
SAFETY POLICY AND OTHER RELATED SECTIONS.
WHEREAS, beginning in December 2019, a novel coronavirus, now designated SARS-
CoV-2, caused a global pandemic declared by the World Health Organization and
WHEREAS, the State of Texas and the City of Port Arthur took extraordinary measures
to mitigate the spread of COVID-19, including adopting Ordinance No. 20-23 on March 17, 2020,
declaring a Public Health Emergency; and
WHEREAS, sections 78-188 through 78-192 of the Code of Ordinances were enacted to
address COVID-19 workplace safety, including return-to-work protocols, employee health
screenings, and policies for COVID-19-related leave; and
WHEREAS, the City of Port Arthur remains well-positioned to continue to shift from the
emergency nature of the pandemic response to longer-term public health strategies. Based on
current local, state, and national data and evolving scientific understanding, the City's Health
Director has determined that it is appropriate to transition from pandemic emergency measures to
sustainable public health strategies. Everyone in the City remains subject to State and Federal rules
and other Health Director Orders that remain in effect until they are rescinded; and
WHEREAS, the City Council encourages all individuals to adhere to current guidance
from the Centers for Disease Control and Prevention (CDC) and their healthcare providers
regarding COVID-19 vaccination, treatment, and general health precautions; and
WHEREAS, the City Council finds it in the best interest of the citizens and employees of
Port Arthur to rescind and repeal outdated COVID-19-related ordinances and policies;
WHEREAS, the Health Director also strongly recommends that everyone continue
appropriate protections based on their situation, including the following measures: 1) following
the CDC's most current COVID-19 updated vaccination guidelines;2)staying aware of treatments
available to them if they get sick with COVID-19; and 3) being aware of information about
COVID-19 and other respiratory illnesses; and
WHEREAS, the City Council finds it in the best interest of the citizens of the City of Port
Arthur to rescind and repeal the following ordinances: Section 78-188(A)COVID-19 public health
emergency event leave policy, Sec. 78-188(B). COVID-19 telecommuting policy, Sec. 78-188(C).
P.O. NO 7303
12-23-2024 TNR
COVID-19 emergency paid sick leave policy, Sec. 78-189. Supplemental leave pay policy, Sec.
78-190. Supplemental pay policy for employees taking leave under the Families First Coronavirus
Response Act (FFCRA), Sec. 78-191. Paid quarantine leave policy, and Sec. 78-192. COVID-19
health and safety policy; and
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. The following sections of the Code of Ordinances are hereby rescinded and
repealed in their entirety:
• Sec. 78-188(A): COVID-19 Public Health Emergency Event Leave Policy. Ordinance
20-25
• Sec. 78-188(B): COVID-19 Telecommuting Policy. Ordinance 20-25
• Sec. 78-188(C): COVID-19 Emergency Paid Sick Leave Policy. Ordinance 20-25
• Sec. 78-189: Supplemental Leave Pay Policy. Ordinance 20-39
• Sec. 78-190: Supplemental Pay Policy for Employees Taking Leave Under the Families
First Coronavirus Response Act(FFCRA). Ordinance 21-04
• Sec. 78-191: Paid Quarantine Leave Policy. Ordinance 21-59
• Sec. 78-192: COVID-19 Health and Safety Policy. Ordinance 22-47
Section 3. This ordinance shall take effect immediately upon passage, as it does not
require publication.
Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of the conflict. Relevant personnel policies shall also be amended
accordingly.
Section 5. A copy of the caption of this Ordinance should be spread upon the Minutes of
the City Council.
READ,ADOPTED,AND APPROVED on this day of December A.D., 2025, at a
Meeting of the City Council of the City of Port Arthur by the following vote:
AYES:
Mayor:
Councilmembers:
•
NOES:
P.O. NO 7303
12-23-2024 TNR
Thurman Bill Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED : t • :M:
40/111PliP
Roxann Pais Cotroneo, City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton, C• anager