Executive Order No. 1458 (State of Mississippi)

Summary

Executive Order No. 1458 of Mississippi Governor Tate Reeves, signed in Jackson on March 16, 2020 under the State of Emergency the governor proclaimed on March 14, 2020 over COVID-19. It recites that as of March 16, 2020 Mississippi had 12 presumptive and confirmed cases and that the State Department of Health had advised against gatherings of more than 250 people. The order directs state agencies, boards, commissions and school districts to identify which employees perform essential duties and, where feasible, to have that work done from home. School districts are to work with the Mississippi Department of Education on distance learning for the 2019-2020 school year and keep providing free and reduced meals. Under Miss. Code Ann. § 25-3-92(2)(b), state entities may grant employees administrative leave with pay during closures, non-essential periods, quarantine or isolation.

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STATE OF MISSISSIPPI
Office of the Governor

EXECUTIVE ORDER NO. 1458

WHEREAS, on March 14, 2020, pursuant to the Constitution of the State of Mississippi and
Miss. Code Ann. § 33-15-11(b)(17), I issued a Proclamation declaring that a State of Emergency
exists in the State of Mississippi as a result of the outbreak of COVID-19; and

WHEREAS, on January 31, 2020, the United States Department of Health and Human Services
Secretary Alex Azar declared a public health emergency for COVID-19 beginning on January
27, 2020, on March 11, 2020, the World Health Organization characterized COVID-19 as a
pandemic, and on March 13, 2020, the President of the United States declared a nationwide state
of emergency due to the coronavirus COVID-19 pandemic; and

WHEREAS, the worldwide outbreak of COVID-19 and the effects of its extreme risk of person-
to-person transmission throughout the United States and Mississippi significantly impact the life
and health of our people, as well as the economy of Mississippi; and

WHEREAS, the risk of spread of COVID-19 within Mississippi constitutes a public emergency
that may result in substantial injury or harm to life, health, and property within Mississippi: and

WHEREAS, on March 11, 2020, the Mississippi State Department of Health confirmed the first
presumptive case of COVID-19 in Mississippi and as of March 16, 2020, there are 12
presumptive and confirmed cases in Mississippi that have tested positive for COVID-19; and

WHEREAS, the Centers for Disease Control (CDC) guidance for responding to COVID-19
suggests avoiding crowds as much as possible, especially for older adults and individuals with
serious chronic medical conditions, and the Mississippi State Department of Health has
recommended avoiding large gatherings of more than 250 people; and

WHEREAS, Mississippi state agencies and governmental entities as well as school districts that
have temporarily closed or are operating on limited staffing in response to COVID-19 in order to
minimize the interaction and risk of possible transmission of COVID-19 between employees
within governmental offices and between governmental employees and members of the public
will need flexibility to meet continuity of essential operations and to address the economic
impact on employees who may be asked not to report to work if their duties are not deemed
essential during any period of time during the State of Emergency; and

NOW, THEREFORE, I, Tate Reeves, Governor of the State of Mississippi, by the authority
vested in me by the Constitution and laws of the State of Mississippi, do hereby order and direct
as follows:

1. That due to the State of Emergency all State agencies, boards, commissions, Mississippi
school districts, and other state entities are directed to promptly review and identify
which employees perform essential duties to carry out the entity’s core functions during
the State of Emergency and those employees whose duties are not deemed essential
during any period of time during the State of Emergency. And where feasible, as
determined by the entity, if core functions and duties could be performed by essential
employees from home in order to minimize the interaction and risk of possible
transmission of COVID-19 between employees.

2. That during the remainder of the school year school districts immediately begin working
with the Mississippi Department of Education to develop and implement distance
learning or other instructional means to achieve completion of essential grade-level
instruction for the 2019-2020 school year.
3. That with appropriate social distancing school districts shall, where feasible, maintain
sufficient staffing for preparation and transportation in order to continue to provide free
and reduced meals to eligible students within their respective districts.

4. That due to the State of Emergency and pursuant to Miss. Code Ann. § 25-3-92(2)(b),
agencies, boards, commissions, and other state entities may grant their employees
administrative leave with pay for any one or more of the following reasons as determined
by the appointing authority:

a. The period(s) of time that the employee’s employer has closed in response to
COVID-19.

b. The period(s) of time that the employee’s supervisor has determined the
employee’s duties are deemed non-essential during any period of time during the
State of Emergency.

c. The period(s) of time that the employee or a member of their immediate
household is placed in quarantine or isolation as a result of being diagnosed with
COVID-19.

d. Other reasons as determined by the appointing authority in consultation with a
health care professional that are necessary to prevent the risk of possible
transmission of COVID-19 within the employee’s workplace.

5. That all departments, commissions, agencies, institutions, and boards of the State of
Mississippi or any political subdivisions thereof are authorized and directed to cooperate
in actions and measures taken in response to COVID-19 during the State of Emergency.

IN TESTIMONY WHEREOF, I have
hereunto set my hand and caused the Great
Seal of the State of Mississippi to be affixed.

DONE in the City of Jackson, on the 16th day
of March, in the year of our Lord, two
thousand and twenty, and of the
Independence of the United States of
America, the two hundred and forty-fourth.

TAT EVES
GOVERNOR
BY THE GOVERNOR
MICHAEL WATSON

SECRETARY OF STATE

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