In a surprising about-face, the Jefferson County Health Department Board of Trustees voted unanimously late this afternoon (Aug. 28) to revoke an ordinance it had issued less than 24 hours earlier mandating residents wear face masks when they can’t maintain 6 feet space from others.
The order was issued in an effort to stem the spread of COVID-19.
However, the order was rescinded during an “emergency meeting” held this afternoon “after concerns were raised regarding whether or not the board had followed proper procedures for notification of the public prior to the meeting,” the Health Department reported in a written statement this evening.
“It is extremely important to the board and director of the Health Center that residents feel confident in the process that is used when preparing public orders,” the Health Department said in a written statement this evening.
Health Department officials said they will revisit the order but have not set a date to discuss it again.
The proposed ordinance “has been posted online and distributed to the community for further review through elected officials, schools and will be posted on the Health Center’s webpage,” the Health Department reported.
The board voted 3-2 during another contentious meeting last night (Aug. 27) to issue the mask mandate. Board members James Prater and Suzy Davis voted no. Board member Amber Henry, who joined the meeting via the Zoom video meeting app, voted yes, as did board member Tim Pigg and board chairman Dennis Diehl.
The meeting was broadcast live on the Health Department’s Facebook page.
Just before 3 p.m. today, the Health Department announced an emergency meeting would begin at 3 p.m., although the meeting didn’t start until about 3:55 p.m. to allow Davis time to arrive. Henry joined the meeting via Zoom.
The meeting, which lasted four minutes, was not broadcast on Facebook Live, like last night’s meeting and two previous meetings, when the board discussed a possible mask mandate.
Neither today’s emergency meeting nor last night’s meeting had time set aside for public comments, as the board had done in its previous meetings when a mask mandate was discussed.
Before last night’s meeting, about 45 people gathered outside the Health Department Office in Hillsboro, where the meeting was held, protesting against a mask mandate.
People also had gathered outside the office to protest against mandating masks before previous board meetings.
Calling today’s meeting
Diehl said the board needed to call an emergency meeting today due to the order’s effective date, which according to the ordinance, would have been 12:01 a.m. Aug. 31.
The ordinance also called for the order to end at 12:01 a.m. Sept. 25, unless the board voted to extend or change it before then.
Diehl said the order was revoked because procedural issues leading up to the passage of the order had been called into question.
“We’ve been getting a lot of feedback that there may have been some procedural issues on how we issued the order,” he said. “We felt like because of the importance of this, we didn't want to take a chance that this would be called into question.”
Diehl said he believes the board will reconsider the matter another time. He also said the board’s next regular meeting is scheduled for 3 p.m. Sept. 24, and no other meeting had been planned as of today.
Health Department Director Kelley Vollmar said the delay will give the community time to read the proposed order.
“We want to be extremely transparent,” she said.
Residents who wish to communicate with the board regarding the proposed guidelines may email director@jeffcohealth.org or send a letter to Dennis Diehl, board chair, Attn: Jennifer Pinkley, board secretary, 405 Main Street, PO Box 437, Hillsboro, 63050.
State rep, county executive weigh in
State Rep. Mary Elizabeth Coleman wrote a letter to Vollmar today asking for a copy of the mask ordinance and questioning the process surrounding its adoption.
“As elected officials, it is imperative that we follow due process, protect transparency and preserve the rights of the people to have open debate and public comment,” she said in the letter.
Diehl said he spoke with Coleman by phone early this afternoon, adding that she was the only person he talked to today who had complained about the ordinance.
He said he didn’t know if other board members had fielded similar complaints.
After the vote this afternoon to revoke the mask mandate order, Coleman posted a message on her Facebook page that said, “After preparing to file a lawsuit against the Jefferson County Health board I received word that the board called an emergency meeting at 2:55 for 3 p.m. and then voted to rescind Thursday’s vote. No matter what crisis we are facing it is imperative that our rights be protected and we demand transparency from the political institutions that work on behalf of tax payers.
“Regardless of the decision today, I remain concerned that the enactment and repeal did not follow the procedures we have in place to ensure trust in our institutions and the legitimacy of their decisions.”
Coleman said she had planned to file a lawsuit at 3 p.m. today requesting a 24-hour injunction to stop the mask order from going into effect.
She said her issue was not necessarily the mask mandate itself, but the process used to adopt the order.
Coleman also said she believes the Health Department has violated the Sunshine Law and is holding meetings in a space that is not appropriate for public meetings.
Before the Health Department board revoked the mask mandate, Jefferson County Executive Dennis Gannon issued a public statement today responding to the Health Department order.
“The Health board is an independent elected board separate and apart from Jefferson county government and has the independent statutory authority to issue countywide health regulations.
“I am not fully convinced that a mask/face-covering mandate is entirely necessary at this time. I do believe that such a measure will certainly be difficult to enforce. However, as the county executive I fully respect the Health board’s decisions. I continue to recommend that everyone take the necessary personal actions to mitigate the virus.”
The order
Before adopting the ordinance on Thursday night, the board went over the five-page order line by line making adjustments. Then Prater read the order in full twice before the board took the final vote.
If the mask mandate order had not been revoked, it would have applied to those 5 years and older.
The order included exemptions for residents when they’re inside their own homes or vehicles, or when they’re outside and at least 6 feet away from others. The order also didn’t apply to those eating and drinking outside or inside restaurants, as long as they were spaced at least 6 feet from diners at other tables.
Those with medical or mental health conditions or disabilities that prevent them from wearing face masks also were exempt. People were exempt if a law enforcement officer or medical professional would ask them to remove their masks to confirm their identity or to receive medical care.
Other exemptions included those exercising outdoors or while exercising indoors when able to keep a distance of at least 6 feet from others, or those engaged in sporting activities.
Also there was an exemption for people who are deaf and need to communicate.
The order did not include a limit on the number of people who could gather in public, but it stated that public gatherings must ensure that people remain at least 6 feet apart and wear masks as required.
The longest part of the meeting was the line-by-line discussion of the ordinances and the changes that were suggested.
Speakers
Also before the vote at Thursday’s meeting, a local fire chief and two school superintendents spoke about the challenges COVID-19 poses for their organizations.
Tom Fitzgerald, the De Soto Rural Fire chief and chair of the Jefferson County Emergency Services Organization, said there’s been one positive COVID-19 case at the fire district and all firefighters are being monitored for the virus.
He talked about the importance of keeping first responders safe from the virus so entire fire districts or other emergency agencies are not shut down.
Dunklin R-5 Superintendent Clint Freeman spoke about the mitigation steps that have been put into place at schools.
“We were able to start summer school in July,” he said. “That gave us a trial run.”
He said all desks are 6 feet apart or have dividers between them. He said class sizes are smaller than usual.
Masks are being worn, too.
“Our kids are fine with masks; our parents are fine with masks,” he said.
Jefferson R-7 Superintendent Clint Johnston said it has been a challenge to plan the reopening of schools.
“There wasn’t a manual on building that airplane as we were flying it,” he said. “It’s very easy for us to close school when we know there’s a storm coming.
"The question becomes, how do we open school in the midst of a worldwide pandemic?”
Johnston said he is concerned about the recent rise in cases among people 19 years and younger.
“There is a potential storm that is sitting there,” he said.
He said steps need to be taken to prevent the spread of the disease.
“The virus is going to spread,” he said. “You have to do everything you can possibly do in order to restrict that process of the spread.”
Vollmar also presented data to the board showing a rise in cases and positivity rates. She also presented data showing that communities where masks have been mandated have seen a 25 percent decrease in cases.
After her presentation, she advised the board to take steps to better mitigate the spread of the virus and urged them to make a decision about a mask mandate, one way or the other.
“We have been working as hard as we possibly can as an agency to be able to implement things that are within our power to do.”
Vollmar said the Health Department is having trouble keeping up with contact tracing – contacting people who have been exposed to the virus from someone who has tested positive or who is a probable positive case.
Heated exchanges
Like at other recent Health Department board meetings, tempers flared Thursday night.
Davis interrupted Vollmar throughout her presentation and questioned the accuracy of the data.
Davis also repeatedly said people aren’t getting sick from COVID-19 anymore, other than those in long-term care facilities or in hospice.
She argued that the board should take no steps to mitigate the virus and allow it to run its course.
Diehl took issue with Davis’ reasoning.
“If you have questions, that’s fine, but I don’t want to hear your theories on these things,” Diehl said. “I think you are living in a fantasy world where you think that this virus is just going to go away.”
Davis said she represents the people who elected her.
“I am here to serve them and get through this in a common sense and a realistic way,” she said.
Davis, who had not worn masks at previous meetings, arrived at last night’s meeting with one on but later removed it and instead wore a bandana over her face. However, she was reminded several times to pull the bandana up over her mouth and nose.
Prater repeatedly asked Davis to stop interrupting while he read the ordinance aloud. Twice Prater walked out of the meeting for a few minutes, once complaining that if he didn’t take a break, he was going to break, and another time, saying, “Call me when people grow up because I want to get this (expletive) done.”
Also at the meeting, Diehl complained that Davis has made public comments as a board member that do not accurately represent the board.
Davis argued that she is a board member and is entitled to voice her opinions.
“Please understand that Ms. Davis has her own opinions, which she’s entitled to, but those are absolutely not the policy of the Jefferson County Health Department,” Diehl said.
Vollmar said she heard from two hospital systems that Davis had called them seeking privileged medical information and leaving threatening messages.
Davis said she did not leave threatening messages.
County COVID-19 stats
The Health Department announced five new COVID-19-related deaths Thursday night, all at long-term care facilities.
That brings the total number of COVID-19 deaths at county long-term care facilities to 34 and the total deaths in the entire county to 45.
The Health Department also reported 39 new cases Thursday night and another 58 new cases today. With those new cases, the county has had a total to 2,663 cases since the pandemic began.
Of the total cases, 2,411 are lab-confirmed and 249 are probable cases.
The county currently has 680 active cases, and 1,930 patients have been released from isolation.
Health officials urge people to take preventive steps to limit the spread of the virus, like social distancing, avoiding crowds, wearing masks in public and practicing good hygiene.