Emotions ran high during a special meeting the Jefferson County Health Department Board of Trustees held today (Jan. 20) to renew an order related to communicable diseases.
The meeting started 15 minutes late, at about 3:15 p.m., and a few minutes later a vote was called to renew the order for 30 days, but Davis refused to vote, arguing that the order was not needed.
Chairperson Dennis Diehl and board members Amber Henry and Tim Pigg voted in favor of extending the order. James Prater was absent from the meeting, and despite board attorney Christi Coleman and Pigg urging Davis to vote, she did not.
The board originally passed the communicable diseases order on Dec. 21, which allows the agency to maintain its authority to enforce health orders to limit the spread of communicable diseases, except for COVID-19. The order was set to expire today at 5 p.m., but now will expire at 5 p.m. Feb. 20.
Diehl said the order was passed in response to the Robinson v. Missouri Department of Health and Senior Services case in which Cole County Circuit Judge Daniel Green ruled Nov. 22 that all health orders related to the spread of COVID-19 in the state should be lifted because they violate the state constitution’s separation of power principles.
In the ruling, Green said COVID-19 mitigation measures issued by health departments and school districts “place the creation of orders or laws, and enforcement of those laws, into the hands of an unelected official.”
However, school board members and health department board members, who are elected, have voted to put many of the policies in place.
Diehl said COVID-19 was excluded from the order passed last month and renewed today to avoid possible legal ramifications.
After Green’s ruling, Missouri Attorney General Eric Schmitt sent cease and desist letters to school districts and health departments ordering them to stop their mitigation measures.
The Health Department filed a motion on Dec. 17 to intervene in the Robinson v. Missouri Department of Health and Senior Services case lawsuit, but on Dec. 22 Cole County Judge Green denied all motions to intervene. Jackson and St. Louis counties also had filed a motion to intervene in the case.
Coleman said because the status of Green’s ruling is still up in the air following an appeal and an objection to the appeal, the Health Department needs the order to maintain its authority related to communicable diseases.
Davis, on the other hand, said she believed the order was not needed.
“I am not sure that what Christi Coleman is telling us is credible advice at this point,” she said. “I believe, personally, that the (attorney general’s) office is a high office to be respected and revered.”
Pigg asked Davis if she knew what the order does for the Health Department.
Davis fired back that Pigg should not interrupt her while she had the floor.
“If I want to do a filibuster for five hours, I can do a filibuster,” she said.
“This is not the Senate,” Pigg responded.
After that, the board proceeded with the vote while Davis continued to object, and then the board voted to end the meeting, and Davis continued arguing.
Brianne Zwiener, public communications officer, said the board plans to vote on the order at the Jan. 27 meeting, which, if it passes, would be renewed for 30 days from that date. By voting on it again next week, the board no longer would have to hold special meetings to renew it but instead could renew it at regular meetings, Zwiener said.
