Resolution 2021-31825 RESOLUTION NO. 2021-31825
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE CITY MANAGER TO ISSUE AN
ADMINISTRATIVE ORDER REQUIRING ALL CITY
EMPLOYEES AND VISITORS, REGARDLESS OF
VACCINATION STATUS, TO WEAR FACIAL COVERINGS
INDOORS WITHIN CITY FACILITIES.
WHEREAS, since the onset of the COVID-19 pandemic, the City of Miami Beach
has developed COVID-19 guidelines in accordance with Center for Disease Control
("CDC") Guidelines, to provide direction for all employees on procedures and protocols
to ensure that the workplace remains safe during the COVID-19 pandemic; and
WHEREAS, on May 28, 2021, the City's Human Resources Department issued
Administrative Order of the City Manager (HR.03.02) dated May 21, 2021 (the
"Administrative Order") pertaining to COVID-19 Employee Guidelines Procedures; and
WHEREAS, the Administrative Order provided the following mandatory
requirements pertaining to facial coverings: (1) fully vaccinated employees are no longer
required to wear face coverings indoors in the workplace, including in vehicles while with
other employees; (2) unvaccinated persons are required to wear a mask according to
CDC guidelines and workplace safety standards; (3) unvaccinated persons who work in
a private office do not need to wear a mask If the door is closed; and (4) all employees
are no longer required to wear a mask outdoors unless social distance cannot be
maintained or unless they are in a large crowd; and
WHEREAS, the highly contagious Delta variant has prompted a new surge of the
COVID-19 virus around the U.S.; and
WHEREAS, the CDC has confirmed the highly contagious Delta variant is the
dominant COVID-19 strain in the U.S.; and
WHEREAS, on July 16, 2021, CDC Director Dr. Rochelle Walensky warned that
the outbreak in the U.S. is becoming "a pandemic of the unvaccinated" because such a
high percentage of hospital admissions and deaths are among people who hadn't been
immunized; and
WHEREAS, according to the Mayo Clinic's COVID-19 tracking map, as of June
22, 2021, the U.S. COVID-19 testing positivity rate has risen to 7.27%, representing a
significant increase from the 1.65% positivity rate in mid-June 2021; and
WHEREAS, as of July 20, 2021, the average COVID-19 positivity rate in Florida is
10.94%, and the Florida Department of Health reported 8,107 new daily cases; and
WHEREAS, during the month of July 2021, the number of COVID-19 positive
inpatients at Miami's Jackson Memorial Hospital has increased:178%, with more 'than
95% of the new patients being unvaccinated, and more than 40% being under age 50;
and
WHEREAS, in less than a month, positive tests have increased from 3.6%to 8.6%
in Miami-Dade County; and
WHEREAS, in light of the recent surge of the highly contagious Delta variant that
is targeting people under 50 with no existing health conditions, the Mayor and City
Commission approve and authorize the City Manager to issue an Administrative Order
requiring all City employees and visitors, regardless of vaccination status, to wear facial
coverings indoors within City facilities, including in vehicles while with other employees,
in common areas, and if others are in their workplace and social distancing cannot be
achieved; and
WHEREAS, as the Delta variant continues to spread and result in "breakthrough"
cases among vaccinated individuals, and as the COVID-19 virus continues to evolve and
mutate, it is anticipated that the City Manager may need to issue additional guidelines
and protocols in order to keep City employees and visitors safe.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the City Manager to issue an Administrative
Order requiring all City employees and visitors, regardless of vaccination status, to wear
facial coverings indoors within City facilities.
PASSED and ADOPTED this a8 day of 7uV , 2021.
Dan Gelber, Mayor
ATTEST:
Rafael E. Granado, City Clerk
(sponsored by Mayor Dan Gelber)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney Rate
Resolutions-R7 AB
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael Paz,Acting City Attorney
DATE: July 28,2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
DIRECTING THE ADMINISTRATION TO REINSTATE THE COVID-19 GUIDELINES REQUIRING ALL CITY
EMPLOYEES, REGARDLESS OF VACCINATION STATUS, TO WEAR FACIAL COVERINGS INDOORS IN
THE WORKPLACE,WITH A LIMITED EXEMPTION WHERE THE FACIAL COVERING REQUIREMENT MAY
BE WAIVED BY AN EMPLOYEE VOLUNTARILY DISCLOSING THEIR FULLY VACCINATED STATUS TO THE
CITY'S HUMAN RESOURCES DEPARTMENT AND REQUESTING A WAIVER OF THE FACIAL COVERING
REQUIREMENT;AND FURTHER, DIRECTING THE ADMINISTRATION TO DEVELOP A PROCEDURE FOR
IMPLEMENTATION OF A "CLEAR PASS" PROGRAM THAT WILL PERMIT FULLY VACCINATED
EMPLOYEES WHO VOLUNTARILY DISCLOSE THEIR VACCINATION STATUS TO BE READILY
IDENTIFIABLE,AND EXEMPT FROM,THE CITY'S FACIAL COVERING REQUIREMENT FOR EMPLOYEES
IN THE WORKPLACE.
ANALYSIS
The attached Resolution was prepared at the request of Mayor Dan Gelber,the sponsor of this item,for consideration at the July 28,
2021 City Commission meeting.
SUPPORTING SURVEY DATA
N/A
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know"item.pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
❑ Resolution