The Jefferson County Health Department Board of Trustees recently passed a resolution designed to allow the agency to maintain its authority to enforce health orders to limit the spread of communicable diseases, except for COVID-19.
Board of Trustees chairman Dennis Diehl said the resolution 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.
Green went on to say that the
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.
“No one seems to really understand based on the decision, what health departments can or can’t do, what school boards can or can’t do,” Diehl said.
“It’s very unclear to everybody what the suit really means so what our resolution was intended to do was to, at least, allow us to continue to work on all our other normal responses to communicable disease, which we’ve always done, which has never been questioned before.”
Diehl said the new resolution, which went into effect at 5 p.m. Dec. 22 and remains in effect until 5 p.m. Jan. 20, allows the Health Department to test for communicable diseases, trace those who may have come in contact with the diseases, test for diseases, treat people with the diseases and direct people with communicable diseases to isolate themselves.
“It would maintain the status quo or what we’ve always been able to do,” he said.
Diehl said COVID-19 was excluded from the resolution to avoid possible legal ramifications.
“We felt like leaving COVID out of the equation for now at least would really prevent any more legal problems for anybody,” he said.
The authority of school districts and health departments to create rules designed to slow the spread of COVID-19 came under fire after Green’s ruling in the Robinson v. Missouri Department of Health and Senior Services case.
After the ruling, Missouri Attorney General Eric Schmitt sent cease and desist letters to school districts and health departments ordering them to stop their mitigation measures, like wearing masks.
The Health Department filed a motion on Dec. 17 to intervene in the Robinson v. Missouri Department of Health and Senior Services lawsuit, but on Dec. 22 Cole County Judge Daniel Richard Green denied all motions to intervene. Jackson and St. Louis counties also had filed a motion to intervene in the case.
The Jefferson County Health Department trustees plan to be part of the appeal of the case, Diehl said.
The trustees voted 4-1 Dec. 21 to approve the resolution related to communicable diseases, with Diehl and board members Amber Henry, James Prater and Tim Pigg voting yes, and Suzy Davis voting no, and saying, “hell no.”
Davis said she believed the order was “egregious.”
“I feel like it’s excessive and overburdensome to have all these extra orders, the ability to take someone to court, possibly to tell people to stay home when they already know they need to because they don’t feel good,” she said.
Davis was given three minutes to speak after the board passed the order, but before she began talking, Health Department Director Kelley Vollmar asked her to pull up the scarf she was wearing as a mask over her nose.
Davis responded by saying, “Please, Kelley, close your mouth for once in your life.” Davis went on to say, ”I am fine, I am healthy, I am not going to spread anything.”
After the meeting ended, Vollmar and Davis argued about wearing masks and other topics.
Vollmar told Davis she was expected to cover her nose and mouth with a mask. She also told Davis she needed to use “valid data” while making presentations.
“Kelley, just shut up. I don’t want to hear it,” Davis said.
Davis said Vollmar worked for her and was being disrespectful.
Then, Davis asked Vollmar if she wanted to “take it outside.”
Vollmar asked Davis if she just threatened her, and Davis said, “ Just close your mouth,” and left the meeting.
The Board of Trustees has a special meeting scheduled for Jan. 20 and its regular meeting on Jan. 27.