Agenda - Council Work Session - 09/22/2020

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CC Work Session 2.2. Meeting Date: 09/22/2020 Information Title: Discussion Regarding Executive Order 20-81 - Face Mask Mandate Purpose/Background: The purpose of this case is to review the City's response to Executive Order 20-81 in regard to wearing face masks at governmental meetings. Based upon feedback from city commission members, staff reviewed our current practice of allowing audience members, staff and board members to remove masks when seated. Given this concern, staff reviewed this matter with the City Attorney. The City Attorney will be present at the work session meeting to answer questions in regard to the face mask mandate under the Governor's Executive Order 20-81. Our City Attorney has conveyed that the mask requirement has been interpreted differently based upon the City, and the language in the Executive Order might allow some room for interpretation. However, he noted that language clearly states that participants are to remove face masks only while actually "testifying, speaking, or performing." This specific language may allow Council members to not wear a mask when at the dais prepared to speak. See specific language from Executive Order 20-81 below: Circumstances where mandatory face coverings may be temporarily removed. Face coverings required under Paragraph 9 of this Executive Order may be temporarily removed under the following circumstances: 10.c. When testifying, speaking, or performing in an indoor business or public indoor space, in situations or settings such as theaters, news conferences, legal proceedings, governmental meetings subject to the Open Meeting Law (Minnesota Statutes 2019, Chapter 13D), presentations, or lectures, provided that social distancing is always maintained. Face shields should be considered as an alternative in these situations. Staff is asking board and commission to consider these precautions during meetings. Staff will include a statement prior to each board or commission meeting that masks are required for the audience and that remote attendance options are available for the public. Masks will be available for the public. In addition, temporary Plexiglas barriers will be placed between each commissioner in order to provide an enclosed work area at the dais. (Note: during non -meeting hours the Plexiglas barriers are used for absentee voting). Further enclosing the Council's "work area' provides an additional safety measure, plus rationale to allow removal of the masks. Remote attendance by board members is another option. Under the Governor's current emergency declaration, the Attorney has confirmed that any meeting can be attended remotely, provided that the remote attendance is declared with a posting, 72 hours in advance. If a board member desires to attend, the City would need to declare that in -person attendance is not practical nor prudent due to the current pandemic and cite the applicable statute. Timeframe: Funding Source: Responsible Party(ies): Kurt Ulrich, City Administrator