Emergency powers
Lamont’s special powers to fight the pandemic are set to expire. Now legislators will have to decide how long they should last.
Gov. Ned Lamont’s emergency powers to fight the coronavirus pandemic are expiring in two weeks, and state legislators must decide how long to extend them.
Gov. Ned Lamont’s extraordinary powers that have allowed him to close down bars and issue sweeping restrictions on businesses and gatherings amid the coronavirus pandemic are set to expire in less than two weeks, and legislators are trying to decide how long they might extend them and how much authority to give to the state’s chief executive. Lamont and his staff have called for an extension of the powers, which can be granted in increments up to six months. The Democratic governor declared a public health emergency on March 10, invoking an infrequently used statute that gives him broad authority to govern by executive order and make decisions without legislative approval. That power will run out Sept. 9.
Legislators said the same special 10-member committee that approved Lamont’s authority in March could decide how long the extension should be, though no final decisions have been made. Democrats control the bipartisan committee by a 6-4 margin. The full House of Representatives and Senate do not need to vote in this case, legislators said.
House Majority Leader Matt Ritter, a Hartford Democrat, said Lamont should be granted the extension because he can make important moves for the state in a much faster fashion than the 187-member legislature.
“To me, it’s an easy decision,” Ritter said. “The governor has done an incredible job, leading our state through a very difficult time. Although there’s a role for the legislature to play, we are not able to react quickly enough to some of these executive orders the way that the governor can with the stroke of a pen.”
A veteran lawmaker, Ritter has seen numerous debates extend past midnight as Republicans and Democrats could not agree on various issues through the years. That, he said, would be a major problem during the ongoing coronavirus pandemic.
“If the speaker and I walked into a caucus and said, ‘We’re going to debate how many people can sit in a restaurant or a bar,’ I can tell you that one issue alone would probably take up a couple of days of debate,” Ritter said. “I think the governor has handled his executive order authority very judiciously, and I think he’s been balanced and fair. The results are that Connecticut went from being one of the worst states in the country in March to now having continual rates of testing under 1%” positivity.
If Lamont declares a continuing emergency and the legislature chooses to do nothing, then the powers would be extended, lawmakers said.
Senate GOP leader Len Fasano of North Haven said any extension of Lamont’s powers should be limited to a maximum of four months — expiring around the time the legislative session begins in January 2021.
“At the same time, I propose granting the legislative committee tasked with approving public health emergency declarations the ability to also appeal or reject any executive order within 72 hours of its issuance,” Fasano wrote in a letter to Lamont. “This committee will consist of the six legislative leaders and the co-chairpersons and ranking members of the Public Health Committee and will ensure proper checks and balances are in place so that no single branch of government holds unfettered power.”
Deputy House Republican leader Vincent Candelora of North Branford said the legislature needs to be cautious about granting Lamont as much authority as he has wielded since March.
“I think that we need to start having a very frank discussion on the scope of these powers and how long we are going to continue to interfere with private business,” Candelora said. “For instance, the moratorium on evictions and rent payments are bankrupting property owners, and I think that we need to take a look at that. I find it troubling that we are not giving any recourse to our landlords and have some pretty sad stories from constituents on how they’re losing rental properties.”
Last week, Lamont signed an order that extends the moratorium on rental evictions to Oct. 1 in order to relieve cash-strapped renters who have had financial difficulties due to the pandemic.
Since March, Lamont has signed 67 executive orders. In the most recent order, he extended the outdoor dining regulations through Nov. 12, along with the eviction extension.
“We need a more comprehensive look at what is going on here, and the governor needs to appreciate that there are severe consequences to these orders,” said Candelora, who owns a indoor sports complex in North Branford. “When you have somebody who is ruling as sole arbiter of every issue and does not have to answer to the legislature, and people’s only right of recourse are to the courts, which, by the way, are closed, it does take on the appearance that we have a dictatorship.”
As much of the state was shutting down in March, Lamont was able to determine which businesses were “essential” and could keep operating at the peak of the pandemic. Numerous retail stores and businesses have reopened since then, but the state’s economy suffered a deep blow with high unemployment and many businesses closed.
Lamont’s chief spokesman, Max Reiss, said the governor would continue in the same fashion if the powers are extended.
“Our approach to this has been public health is our guide,” Reiss said. “The governor has used his executive powers carefully and thoughtfully. A continuation of the governor’s emergency powers is prudent. We’ve been able to make the right decisions quickly and efficiently throughout, and we’ve kept the legislative leadership in the loop every step of the way.”