20200915_kk1.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF

FROM: KARL T. KLEIN
DEPUTY ATTORNEY GENERAL

DATE: SEPTEMBER 11 , 20 20

SUBJECT: IN RE COVID-19 RESPONSE – CASE NO. GNR -U-20-01.

On Friday, March 13, 2020, Idaho ’s Governor declared a state of emergency to combat the
spread of COVID -19, provide essential services, and limit public exposure. Among other things,
the Governor suspended th e requirement that persons be allowed to physically attend public
meetings. The Commission , in turn, issued Order No. 34602 to foster safe procedures at the
Commission. For example, the Commission began to conduct its certain meetings exclusively by
teleph one.
Since the Commission issued its orde r, the State’s response to COVID -19 has evolved, and
the Commission has resumed many of its normal operations. Accordingly, I recommend the
Commission replace Order No. 34602 with a new order reflecting updated practices.
The new order would be like Order No. 34602 in noting the Commission remains open and
that electronic filing and service is permitted. The new order would primarily differ from Order
No. 34602 as follows:
1. The new order would acknowledge persons may physically attend public meetings
but encourage persons to r emotely attend them. To avoid situations that would cause
persons or parties to gather in unacceptable numbers, the order would note the
Commission allows persons to attend the Commission’s public meetings and hearings
either in -person or by telephone or other electronic means. The new order would,
however, encourage remote attendance when possible.
2. The new order would stress persons who physically attend meetings must observe
safety precautions. The new order would reflect updated guidelines and requirements
DECISION MEMORANDUM 2
from the Governor and the District Board of Central District Health (CDH). The order
would note that sick persons should not physically attend the Commission’s meetings,
and that persons who do physically attend must, when possible, either: (a) maintain at
least six -foot physical distancing from other persons; or (b) wear a face covering that
covers the person’s nose and mouth when others are present and a physical distance of
six feet cannot be maintained. The order would encourage p ersons both to maintain six-
foot physical distancing and wear a face covering. The order also would remind persons
to adhere to all CDH’s safety directives in effect at the time the Commission’s public
proceeding is to occur. CDH Restriction Orders are available here:
https://www.cdhd.idaho.gov/dac-coronavirus-order.php. The order would note the
Commission may restrict the number of people who attend public proceedings to help
maintain appropriate physical distancing.

COMMISSION DECISION
Does the Commission wish to issue an updated order consistent with the above
discussion?

Karl T. Klein
Deputy Attorney General

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