Platte County Commissioners on Monday took action under the guise of “eliminating criminal penalties” for violations of orders made by the Platte County Health Department. But the Platte County Prosecutor was quick to point out the commission’s action “has no practical effect.”
The commission voted 3-0 Monday to change county code to read that criminal penalties for violation of a health department order in Platte County are not applicable unless the county commission has approved that health order.
It was an move made in an obvious attempt to take enforcement action away from the county health department in the health director’s recent orders related to COVID-19. But Platte County Prosecutor Eric Zahnd says the county commission’s action is irrelevant because under state law violations of a health order are subject to prosecution as misdemeanor crimes.
“There are two penalty provisions in Missouri law to enforce a health department order. One requires county commission action to be effective, the other does not. So regardless of what the commission does, it remains a misdemeanor to violate a health department order,” Zahnd told The Landmark this week.
“There are two penalty provisions in Missouri law to enforce a health department order. One requires county commission action to be effective, the other does not. So regardless of what the commission does, it remains a misdemeanor to violate a health department order,” Zahnd told The Landmark this week.
Zahnd said his office will review any alleged violations of a health order presented to him by the health department or an officer of the law.
“We will review any alleged violation as we would any other crime and, pursuant to the prosecutorial discretion vested in my office, prosecute if warranted under the law given the facts of any individual case,” Zahnd said.
In light of the county commission’s action, Zahnd said he doesn’t want members of the public to be confused.
“I don’t want the public to think the commission ordinance would permit them to ignore the health department order without the possibility of having violated the law,” Zahnd continued.
“I really doubt I’ll have to prosecute anyone, but people need to know who the decision maker is on this issue, and the law is clear that, in Missouri, it’s the health department,” Zahnd added.
Prior to the vote on the matter, Ron Schieber, presiding commissioner, said “my goal is to be a partner with the health department for the safe return to normalcy.”
“I’m not satisfied with the current (health department order), he said. Updated version of the order can be found at the health department’s web site at plattecountyhealthdept.com.
Schieber said “we need to partner with people and not hold a stick over their head. Together we’re gonna get through this.”
Schieber added that the county commission wants to “get a seat at the table” with the health department.
The county commission is represented on what is known as the Platte County COVID-19 Advisory Group by Dagmar Wood, first district county commissioner.
The Platte County Health Department is funded by its own tax levy and is managed by a publicly-elected board of trustees, who hire a health director.
Schieber said he believes the posting of the item on the county commission’s agenda, which was done last Friday, inspired the health department board to ease the earlier restriction on businesses when it comes to what is known as “contact tracing.”
The health department’s initial order would have required businesses to collect names and contact information from everyone entering their building. That requirement was eliminated in a special meeting of the health department board on Friday evening. Changes were also made to the restrictions on mass gatherings (see separate story in this issue).
Wood, the county commission member on the COVID-19 Advisory Group, said “it’s too bad it took posting of this item to get the health department’s attention.” She also criticized appointments made by the health department to the advisory group, saying of the 24 members “only eight are business people.”
Several speakers at the commission meeting, during public comments, took to the microphone to voice support for the commission’s proposal. A video of the public comments can be found at plattecountylandmark.com.
Schieber said officials from the health department had been invited to attend Monday’s county commission meeting but none appeared.
At a meeting of the Platte County Health Department COVID-19 Advisory Council on Tuesday, Dan Luebbert, deputy director of the health department, encouraged the appointees to be careful with their public words.
“As community leaders, and you all are community leaders, I ask you to be careful with your social media postings. Don’t encourage people to ignore the orders (of the health department). We are trying to save lives,” Luebbert said.
