Usually, this is a busy time for municipalities and school districts, as they are in the process of crafting and seeking approval of their budgets for the ensuing fiscal year. Depending on the particular applicable charter provision, this process may involve public hearings and town meetings (not to mention referenda). As is quite evident, this usual process has run into a buzz saw via the current Coronavirus/COVID-19 outbreak. In addition, the resulting orders by Governor Lamont (based upon CDC guidance) that restrict large gatherings makes some of these steps impossible. While the Governor has issued an “Executive Order” relaxing the usual Freedom of Information Act open meetings requirements, it still would be impractical to conduct a large scale public meeting or hearing, not to mention solicit meaningful input from the public at large.
As such, via “Executive Order 7C”, Governor Lamont has ordered that notwithstanding any contrary statutes, charters or local ordinances, all municipal budget deadlines occurring on or before May 15, 2020 that pertain to the preparation of a municipal budget for the 2020-2021 fiscal year are extended by 30 days. The Executive Order further provides that the legislative body of a municipality (or in a town where the legislative body is a town meeting, the board of selectmen) may alter or modify the schedules and deadlines pertaining to the preparation and submission of a proposed budget and the deliberation or actions on the budget by the legislative body (or other fiscal authority), including any required public hearings, publication, referendum or final budget adoption. The order provides that all submission dates may be postponed until such time as the legislative body approves said modified schedule and deadline, consistent with the 30 day extension. Similarly, the Executive Order provides that all deadlines occurring on or before May 15, 2020 regarding the preparation of regional school district budgets for the 2020-21 fiscal year maybe extended by 30 days. In addition, any regional board of education may alter or modify the schedules and deadlines pertaining to the preparation and submission of a proposed budget and the deliberation or actions on the budget by the legislative body (or other fiscal authority), including any required public hearings, publication, referendum or final budget adoption. It is interesting that municipalities are required to extend the deadlines, but regional school districts are given the discretion to extend the deadlines. To be blunt, it is possible that these deadlines may be further modified. However, municipalities and school districts should rest easy knowing that they have some breathing space in the budget process.
But there is more. In the same Executive Order, the Governor also authorizes the Commissioner of Education to temporarily waive any requirements contained in the teacher certification, teacher evaluation, school in-service, and teacher tenure statutes (and any associated regulations, rules, and policies regarding educator certification timelines, evaluations, and professional development requirements) as he deems necessary to address the impact of school class cancelations and COVID-19 risks when classes resume and students return. The Commissioner is authorized to issue “any order that he deems necessary” to implement this Executive Order. The Governor also authorizes the Commissioner of Education to temporarily waive the graduation and prescribed courses of study statutory requirements (with policies regarding prescribed courses of study and graduation requirements being modified) as he deems necessary to address the impact of COVID-19 and school class cancelations. These orders do not mandate a particular outcome, but rather simply give authority to the Commissioner to take action. Please stay tuned to see how the Commissioner exercises his authority. More importantly, please stay safe.
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