Platte County commissioners pushed back against the Platte County Health Department’s authority during a marathon administrative session Monday, May 4.
The three-hour meeting was held on the first day commissioners reopened the administrative building and other county facilities to the public. All three commissioners were present for the meeting, which was live streamed on YouTube. Commissioners said the meeting room was packed, with audience member Scott Monsees pointing out during his public comments that he was the only one in the room wearing a protective mask.
Commissioners and gathered audience members also spoke out on something else missing from the meeting — the health department. No representatives attended the meeting, leading several audience members to call out director Mary Jo Vernon by name.
The Platte County Health Department was contacted for comment on the commission’s move, but did not respond to The Citizen by press time.
Political tensions between the commission and health department have built over the last few weeks, finally boiling over at the Monday meeting with approval of a largely symbolic ordinance.
On Tuesday, April 28, the Platte County Health Department changed the target date to re-open non-essential businesses from Friday, May 15 — the date when the City of Kansas City is scheduled to reopen — to Monday, May 4 — the date established by Gov. Mike Parson.
The new order contained strict guidelines for businesses, including posting health measures taken by management at the door, capacity restrictions and collection of names of customers to assist in contact tracing.
After a public outcry from the business community, the Platte County Health Department issued an amended order on Friday, May 1, loosening some of those requirements further. The changes to the order are outlined in the related story in this issue and the full order is available online at plattecountyhealthdept.com.
Commissioners late last week posted their intention to entertain a proposal amending county code to override the health department’s enforcement of stay-at-home and business restriction orders.
Introduced and drafted by county attorney Bob Shaw, the order — which was unanimously passed by commissioners — established “terms for application of penalties for violation of isolation, quarantine and/or embargo orders.”
In short, the order added another section to county code giving the county commission authority over criminal penalties associated with violations of health protection orders.
Presiding commissioner Ron Schieber stated the move was not an attack on the health department, but instead an indication that commissioners wanted to partner with the health department in the recovery effort.
Commissioners were critical of the health department’s handling of the pandemic so far and questioned the phases of recovery outlined in the health department’s adopted plan.
Platte County prosecuting attorney Eric Zahnd spoke immediately after the introduction of the proposal and commissioners’ comments, stating that his office would continue to investigate reported violations of health department orders, as mandated in state statute.
“I believe it’s my obligation to inform the public that regardless of any action taken by the commission today it will remain a Class A misdemeanor under Missouri law for a person to violate an order of the Platte County Health Department,” Zahnd said. “The proposed ordinance has no practical impact on the enforceability of the Platte County Health Department’s orders regarding COVID-19.”
Zahnd said that so far the public has largely abided by the orders issued, but should violations occur the case would be reviewed just as any other criminal allegation.
“Simply put, like it or not, Missouri law gives the Platte County Health Department, not the county commission — in any county — authority over these matters,” Zahnd said.
Shaw disagreed, saying the order would eliminate criminal penalties unless approved by the commission.
Commissioners heard comments from more than a dozen audience members — including former state Rep. Susan Phillips and Parkville Chamber of Commerce executive director Marsha VanDever — all of whom spoke in support of the ordinance, citing concerns ranging from personal business failure, lack of access to faith-based services, displeasure with perceived government overreach and privacy violations during attempted contact tracing.
Of note were two references comparing the health order to Nazi Germany.
David Park, a Democrat running for the second district commission seat, was the sole voice of dissent from the audience.
Commissioners stated that 12 emails of support had been received during the meeting regarding the proposed ordinance.
The emails will be made part of the public record of the meeting, but that record was not yet available online by press time.
Also at the meeting, county auditor Kevin Robinson spoke on the creation of a dedicated account for the $12 million in state disaster relief funding allocated to Platte County.