STATE AND LOCAL SHELTER-IN-PLACE ORDERS IMPACT ON DEPARTMENT OF THE NAVY OPERATIONS

[Tony]

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ROUTINE

R 231933Z MAR 20 MID110000511112U

FM SECNAV WASHINGTON DC

TO ALNAV

INFO SECNAV WASHINGTON DC
CNO WASHINGTON DC
CMC WASHINGTON DC

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ALNAV 029/20

MSGID/GENADMIN/SECNAV WASHINGTON DC/-/MAR//

SUBJ/STATE AND LOCAL SHELTER-IN-PLACE ORDERS IMPACT ON DEPARTMENT OF THE NAVY 
OPERATIONS//

REF/A/DOC/DODI 6200.03/28MAR19//

REF/B/MEMO/ATTORNEY GENERAL/20MAR20//

REF/C/MEMO/DEPARTMENT OF HOMELAND SECURITY/19MAR20//

NARR/REF A ESTABLISHES THE DEPARTMENT OF DEFENSE (DOD) POLICY ON PUBLIC 
HEALTH EMERGENCY MANAGEMENT WITHIN THE DOD.  REF B IS A MEMORANDUM FROM THE 
U.S. ATTORNEY GENERAL DIRECTING ALL U.S. ATTORNEYS TO CONTACT STATE AND LOCAL 
LAW ENFORCEMENT TO ENSURE LOCAL LAW ENFORCEMENT AUTHORITIES UNDERSTAND THAT 
THE FEDERAL WORKFORCE MUST BE ALLOWED TO COMMUTE TO THEIR JOBS DURING SHELTER 
IN PLACE RESTRICTIONS.  REF C ESTABLISHES AN INITIAL LIST OF ESSENTIAL 
FEDERAL CRITICAL INFRASTRUCTURE WORKERS TO AID STATE AND LOCAL OFFICIALS AS 
THEY WORK TO PROTECT THEIR COMMUNITIES, WHILE ENSURING CONTINUITY OF 
FUNCTIONS CRITICAL TO PUBLIC HEALTH AND SAFETY, AS WELL AS ECONOMIC AND 
NATIONAL SECURITY.//

RMKS/1.  Per reference (a), this ALNAV provides guidance to Department of the 
Navy (DON) Commanders and all personnel regarding state and local government 
executive orders and the DON Coronavirus Disease 2019 (COVID-19) response.
In addition, DoD military criminal investigative organizations, including 
Naval Criminal Investigative Service (NCIS) and other DoD law enforcement 
organizations, have been engaging with local law enforcement regarding this 
matter.

2.  Operating within their own legal authorities, some state and local 
governments have issued shelter-in-place, stay-at-home, self- quarantine, or 
similar executive orders.  The DON respects the orders issued by state and 
local authorities and shares in the responsibility to reduce the transmission 
rate of COVID-19.  To the extent practicable, DON Commanders will act in 
accordance with the applicable provisions of public health emergency 
declarations made by state and local public health authorities.
However, when DON continuing operations must be performed, federal law 
exempts military and federal civilian personnel from state and local 
government orders in order to perform their official duties.

3.  To ensure continuity of operations, Commanders may direct that personnel 
under their command, to include active, reserve, civilian, and foreign 
military under DON authority, continue to perform official duties.  If 
personnel movement is required to perform official duties, DON personnel are 
exempted from shelter-in-place, curfew, or other restriction of movement 
orders.  Personnel ordered to official duties, if encountered by local law 
enforcement during such travel, shall identify themselves using their DoD 
identification card and explain the nature of their work and travel per 
reference (b).

4.  Per reference (c), the Department of Homeland Security developed a list 
of Essential Critical Industrial Workers which should be considered by state 
and local authorities when identifying essential workers needed to maintain 
critical infrastructure.  This list includes the Defense Industrial Base.  
Contracting Officer Representatives should be consulted on matters relating 
to contractors.

5.  Commanders should seek guidance from their local Command Counsel, Staff 
Judge Advocate, or NCIS office.

6.  Released by the Honorable Thomas B. Modly, Acting Secretary of the 
Navy.//

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