Over the last few days, I’ve noticed more than few untrue statements circulating.
While I’m no expert on viral pandemics and will continue to share information from official sources, I’m far more knowledgeable on local government, so here’s a few things that appear to need additional clarification.
I’ll continue to update this post as I can regarding untruths about local government and the COVID-19. If you see one or have a question, email it to jenn@theelectricgf.com.
-Jenn
First, the City of Great Falls did not order the closure of bars, restaurants, coffeehouses, bowling alleys, movie theaters, etc.
That order came from Trisha Gardner, the Cascade County public health officer, who under state law has the authority to close businesses or take other action to prevent the spread of a communicable disease.
Here’s the section of state law governing this:
MCA 50-2-118. Powers and duties of local health officers. In order to carry out the purpose of the public health system, in collaboration with federal, state, and local partners, local health officers or their authorized representatives shall:
(1) make inspections for conditions of public health importance and issue written orders for compliance or for correction, destruction, or removal of the condition;
(2) take steps to limit contact between people in order to protect the public health from imminent threats, including but not limited to ordering the closure of buildings or facilities where people congregate and canceling events;
(3) report communicable diseases to the department as required by rule;
(4) establish and maintain quarantine and isolation measures as adopted by the local board of health; and
(5) pursue action with the appropriate court if this chapter or rules adopted by the local board or department under this chapter are violated.
Second, the city has declared a state of emergency.
That was declared by City Manager Greg Doyon, who under state law is the chief executive officer of the city and has the authority to declare an emergency.
The emergency declaration was in effect from the moment Doyon signed it on March 19.
The City Commission DID NOT unanimously declare the emergency.
During the March 19 press conference, Mayor Bob Kelly said it was a unanimous decision by the commission to allow Doyon to declare the emergency. The 341st Missile Wing commander repeated that error in a live video on the base Facebook page March 19.
Under state law, Doyon doesn’t need commission approval to declare an emergency.
Had the commission met with no public notice or involvement to approve such a declaration, it would have constituted an illegal meeting under state law.
The Electric asked Kelly to clarify how and when the commission met to give unanimous approval.
Kelly said he called each commissioner individually on afternoon of March 18 to get their opinion on it and each commissioner supported it.
The city has scheduled a special commission meeting for 1 p.m. March 23 to affirm the declaration, which on it’s own is not required, but the resolution affirming will also expand powers of the city manager, which commissioners will consider during the meeting.
The Cascade County City-County Health Department has not declared an emergency.
A press release from the city on March 19 stated that CCHD had declared an emergency, and other media outlets repeated that, but CCHD has not declared a public health emergency.
The Electric checked, checked and checked again today and the public health officer has not declared a public health emergency.
The public health officer has only issued an order restricting some businesses, as was mentioned above and reported on March 19.
