DECLARATION OF EMERGENCY DIRECTIVE 019
WHEREAS, on March 12, 2020, I, Steve Sisolak, Governor of the State of Nevada issued a Declaration of Emergency to facilitate the State's response to the COVID-19 pandemic; and
WHEREAS, on March 13, 2020, Donald J. Trump, President of the United States declared a nationwide emergency pursuant to Sec. 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the "Stafford Act"); and
WHEREAS, since my March 12, 2020 Declaration of Emergency, I have issued eighteen Directives pursuant to President Trump's order, mentioned directly above, to provide for the safety, wellbeing, and public health of Nevadans and the administration of the State of Nevada; and
WHEREAS, as of May 9, 2020, the State of Nevada Department of Health and Human Services is reporting 6,028 positive cases of COVID-19, and 301 deaths resulting from COVID-19; and
WHEREAS, the financial impact on Nevadans has been significant and severe with unemployment claims approaching 500,000; and
WHEREAS, despite significant steps which continue to be taken in Nevada, COVID-19 remains a serious threat to the health, safety, and welfare of all residents of Nevada; and
WHEREAS, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed by Congress and signed into law by President Trump on March 27th, 2020; and
WHEREAS, Section 2106 of the CARES Act titled EMERGENCY STATE STAFFING FLEXIBILITY provides:
Section 4102(6) of the Emergency Unemployment Stabilization and Access Act of 2020 (contained in division D of the Families First Coronavirus Response Act) is amended-
- by striking "or employer experience rating" and inserting "employer experience rating, or, subject to the succeeding sentence, personnel standards on a merit basis"; and
- by adding at the end the following new sentence: "The emergency flexibility for personnel standards on a merit basis shall only apply through December 31, 2020, and is limited to engaging of temporary staff, rehiring of retirees or former employees on a non-competitive basis, and other temporary actions to quickly process applications and claims."
WHEREAS, to avoid serious health, safety, welfare and financial consequences that may result from delayed unemployment benefits to Nevadans in need during this emergency, it is reasonable and necessary to temporarily suspend NRS 612.230 and allow for maximum staffing flexibility in order to process unemployment claims as quickly as possible; and
WHEREAS, NRS 414.070 outlines additional powers delegated to the Governor during the existence of a state of emergency, including without limitation, enforcing all laws and regulations relating to emergency management and assuming direct operational control of any or all forces, including, without limitation, volunteers and auxiliary staff for emergency management in the State; providing for and compelling the evacuation of all or part of the population from any stricken or threatened area or areas within the State and to take such steps as are necessary for the receipt and care of those persons; and performing and exercising such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population; and
WHEREAS, the Nevada Attorney General opined in Opinion Number 57-336 that "[t]here can be no question but that the Legislature intended to give to the Governor the broadest possible powers consistent with constitutional government in a time of dire emergency"; and
WHEREAS, Article 5, Section 1 of the Nevada Constitution provides: "The supreme executive power of this State, shall be vested in a Chief Magistrate who shall be Governor of the State of Nevada;"
NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and the laws of the State of Nevada and the United States, and pursuant to the March 12, 2020 Emergency Declaration,
IT IS HEREBY ORDERED THAT:
Emergency Directive 019 Orders
||To expedite unemployment insurance claim adjudications the relevant provisions of NRS 612.230 pertaining to the classification and retention of employees working for the State of Nevada, Department of Employment, Training and Rehabilitation, Employment Security Division ("BSD") regarding unemployment insurance shall be suspended, consistent with federal law, for the limited purpose of allowing BSD, in coordination with the Division of Human Resource Management of the Nevada Department of Administration, to expedite hiring, training and employment of temporary staff to adjudicate and hear appeals of Unemployment Insurance claims.
||This Directive shall remain in effect until the state of emergency declared on March 12, 2020 is terminated or unless renewed by a subsequent Directive promulgated pursuant to the March 12, 2020 Declaration of Emergency to facilitate the State's response to the COVID-19 pandemic.