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Mayor LeTourneau asked for the legal opinion on whether the City is complying with Executive <br />Order #20-81. <br /> <br />City Attorney Langel stated that it would go back to the interpretation of the phrase “when <br />testifying and speaking at a government meeting subject to open meeting law”. He stated that if <br />you interpret that conservatively, then the Council would not be complying, whereas if you <br />interpret it more broadly, the Council would be complying. <br /> <br />Councilmember Specht commented that he fully respects the concerns people have and noted that <br />allowing remote attendance seems to be a good solution for those that feel more at risk, or <br />uncomfortable attending in person. He referenced the language “when performing” noting that <br />the Council could be considered performing a task. He stated that he would not see the Plexiglas <br />accomplishing much as he believes that is more a matter of show rather than adequate protection. <br /> <br />Planning Commissioner VanScoy stated that he received an email from the State related to <br />temporary removal of masks and received confirmation that the email was shared with the Council <br />prior to the meeting. <br /> <br />Councilmember Menth commented that it would seem the statement in the email is clear. <br /> <br />Councilmember Riley commented that the statement in the email is a statement of what someone <br />would like the language to state but it is not in the in Executive Order. <br /> <br />City Attorney Langel stated that the email can certainly be read in a fashion consistent with the <br />Executive Order that a mask must be worn inside unless speaking and only when six feet away <br />from others. He stated that is certainly consistent with the Executive Order under conservative <br />interpretation. He stated that he would expect members of the public to follow that direction, they <br />should wear their mask when seated and/or when walking to the podium but can remove their <br />mask when speaking at the podium. He stated that it is not that the interpretation is wrong, it is <br />one interpretation of testifying/speaking for the Council. He stated that he has seen Council <br />meetings in other cities where Councilmembers do not wear masks the entire time and also others <br />where the Council wears their masks the entire time. <br /> <br />Mayor LeTourneau stated that he would like to show up as an individual that is doing as much as <br />they can to help control what the virus is doing and how it impacts people’s lives. He stated that <br />he would prefer taking a more conservative approach to how this is interpreted and to allow people <br />to feel safe and comfortable with attending meetings. <br /> <br />Councilmember Musgrove stated that she believes the current interpretation of the Executive <br />Order to be sufficient. She stated that if people really wanted to protect themselves from a virus, <br />they would need hazmat suits. She commented that viruses are around and moving all the time, <br />whether a mask is worn or not. She commented that continuously touching a mask contaminates <br />it further. She believed that social distancing and hand washing are more important measures and <br />members can remove their masks once seated at the dais. <br /> <br />City Council Work Session / September 22, 2020 <br />Page 6 of 9 <br /> <br />