Thursday, July 9, 2020 The Ness County NEWS Page 4

For additional information, please contact:

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The Ness County Board of Commissioners met in special session Thursday, July 2, at 8:30 a.m. in the EOC building. Chairman David L. Albers called the meeting to order with Commissioners Sandra Y. Rupp, Mark Davis, County Health Nurse Shelly Pavlu, Emergency Manager Travis Rothe, Sheriff Brandon Mitchell, Road and Bridge/Landfill Supervisor Ron Johnson and County Clerk Cas-sie Foster in attendance. County Attorney Kevin Salzman was in attendance via telephone. Also, in attendance was Ness County residents Ann Kuhlman, Sandy Reinert, Connie Baker, Virgil Windholz, Lou Windholz, Dave Windholz, Wanda Gabel, Colby Gantz, Brad Seib, Leroy Wyman, Mike McClure, Jay Hawkinson, Travis Snyder and Matt Kraft. The purpose of this meeting was to address the Governor’s order regarding face masks.

County Health Nurse County Health Nurse Shelly Pavlu discussed the appropriate times to wear face masks, Ness County’s COVID-19 numbers, suggestions of when and how to use personal protective gear and she also stated that her recom-mendation is not to make masks mandatory in Ness County. Pavlu also stated her recommendations on masks if Ness County was to have a surge of active cases.

Sheriff Sheriff Brandon Mitchell stated that if a private business ask that you wear a mask in order to receive services you have the right to refuse, however, if in that case, the business asked you to leave, you would need to do so or it can and will be considered criminal trespassing.

County Attorney County Attorney Kevin Salzman discussed the difference between an order and resolution. Salzman also explained why an order was chosen over a resolution.

Citizens Ness County residents asked questions relating to test-ing, reporting and the difference between a resolution and an order. Residents also voiced concerns and opinions on why face masks should not be made mandatory. Everyone agreed that respect for people and businesses that choose to use face masks was a necessity.

Commission Motion: Upon the motion of Albers, seconded by Rupp, Commission voted unanimously to pass the order exempting Ness County from Governor Kelly’s proposed order mandating face masks.

IN RE EXEMPTION OF NESS COUNTY FROM GOVERNOR KELLY’S

PROPOSED EXECUTIVE ORDER

Before the BOARD OF COUNTY COMMISSION-ERS OF NESS COUNTY

ORDER At a special meeting held on Thursday, July 2, 2020, at 8:30 a.m., the Board of Ness County Commissioners met in the Commissioners’ Chambers at the Ness County District EOC to consider and discuss Gov-ernor Laura Kelly’s proposed Executive Order and discuss Ness County’s response to this proposed Executive Order. Notice of the special meeting was published on Ness County Facebook page and signage announcing the special meeting was placed on the doors of the courthouse prior to the day of the meeting. At this special meeting, the following individuals were present: For the Board of County Commissioners of Ness County, David Albers, Commissioner, Sandra Rupp, Commissioner and Mark Davis, Commissioner, all appeared in person. Ness County Health Department Adminis-trator Shelly Pavlu, BSN, RN, appeared in person. Ness County Clerk Cassie Foster appeared in person. Ness County Attorney Kevin B. Salzman appeared via telephone. The Board received state-ments and documentation from Shelly Pavlu. Said documents are appended to and incorporated into this Order and consist in total of 3 pages.

FINDINGS The Board of County Com-missioners made the following factual findings: 1. On Monday, June 29, 2020, Governor Laura Kelly announced her intention to issue

an executive order of statewide effect that would take effect on Friday, July 3, at 12:01 a.m. 2. As of the time of this meeting, the text of this proposed executive order has not been released to the public for review. 3. Based on public com-ments made by Governor Kelly, it is believed and anticipated that this proposed executive order will require all Kansans to wear a facemask or face covering when outside of their homes for any purpose. 4. Based on further public comments made by Governor Kelly, it is believed and antic-ipated that the executive order will provide for civil and/or criminal penalties and sanctions to be levied against individuals who failed to comply with the proposed executive order. 5. House Bill 2016 Sec. 33 amended K.S.A. 48-925, in part, by adding subsection (h) K.S.A. 48-925(h) reads as follows: “The board of county commissioners of any county may issue an order relating to public health that includes provi-sions that are less stringent than the provisions of an executive order effective statewide issued by the governor. Any board of county commissioners issuing such an order must make the following findings and include such findings in the order: (1) The board has consulted with the local health officer or other local health officials regarding the governor’s executive order; (2) following such consultation, im-plementation of the full scope of the provisions in the governor’s executive order are not necessary to protect the public health and safety of the county; and (3) all other relevant findings to support the board’s decision.” 6. Governor Kelly’s pro-posed executive order set to go into effect on Friday, July 3, 2020 at 12:01 a.m. and pertain-ing to the use of facemasks or face coverings in public is an executive order that is effective statewide. 7. In speaking with Shelly Pavlu, the Board of County Commissioners has spoken with

a local health official regarding the governor’s proposed execu-tive order. Since the beginning of the COVID-19 pandemic, Ms. Pavlu has worked in tandem with the county health officer Mr. Bill McDonald, Nurse Practitioner, to enact guidelines, recommenda-tions and restrictions designed to protect the health of Ness County residents. Ms. Pavlu has worked to identify, contain and manage cases of COVID-19 in Ness County and is competent to speak as to the existence and spread of COVID-19 in Ness County as well as measures that would be effective in preventing the further spread of COVID-19 in Ness County. The Board of County Commissioners finds that the information, data and recom-mendations presented by Shelly Pavlu are informed, credible and based upon sound medical and scientific data obtained from Ms. Pavlu’s first-hand experience assisting in the county’s response to the COVID-19 crisis. 8. Following such con-sultation, the Board of County Commissioners finds that im-plementation of the full scope of the provisions in the governor’s proposed executive order are not necessary to protect the public health and safety of the county. According to statistics main-tained by the Kansas Department of Health and Environment, updated on July 1, 2020 at 9:00 a.m., Ness County has had a total of four (4) cases of COVID-19 confirmed within the county. It has been approximately one (1) month since a case of COVID-19 has been identified in the county. The recommendations previously adopted by the local health board, set forth in Ness County Health Order 3 and Phase 2 Guidelines, included recommendations concerning when facemasks and face cov-erings should be worn and those individuals who are encouraged to wear facemasks and face cov-erings. At this time, the Board of County Commissioners finds that these measures have been more than adequate to reduce the likelihood of the spread of COVID-19 within Ness County

and to effectively respond to any new reported case of COVID-19 that may surface in the County in the future. 9. The mandatory wearing of facemasks or face coverings in public by individuals within Ness County, Kansas, as contemplated by the Governor’s proposed executive order, is not necessary to protect the public health and safety of individuals in Ness County.

ORDER In consideration of the above and foregoing findings of fact, the Board of County Commissioners does hereby enter the following Order on this 2nd day of July, 2020: 1. The Board of County Commissioners, pursuant to K.S.A. 48-925(h) orders that Governor Kelly’s proposed executive order, set to go into effect on Friday, July 3, 2020 at 12:01 a.m., requiring individuals in public to wear a facemask or face covering at all times while in public and/or outside of their residences, shall not be adopted or implemented within the jurisdiction of Ness County, Kansas. The Board of County Commissioners recommends that residents of Ness County and visitors to Ness County follow the recommendations contained in Ness County Health Order 3 and Phase 2 Guidelines, which contain recommendations concerning who should wear facemasks or face coverings and under what circumstances such masks or coverings should be worn. IT IS SO ORDERED this 2nd day of July, 2020. The meeting adjourned at 8:56 a.m.

Ness County Commissioners met in special session on July 2

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P.O. Box CNess City, KS 67560