Minutes - Council - 03/09/2021 - Laserfiche WebLink

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throughout time and the notion that not enforcing an Executive Order is wrong seems to be in conflict of cities that choose not to enforce marijuana laws or immigration laws. He did not think there is precedent for this and believes that this action is worthy of a resolution. Motion by Councilmember Heineman, seconded by Councilmember Howell, to Adopt Resolution #21-067 Instructing that No City Resource by Utilized in the Enforcement of Executive Order 20- 81 as amended. Further discussion: Mayor Kuzma commented that he will not support this resolution and was concerned with the liability that could be placed on the City. He did not believe the City has resources to support a potential lawsuit. Councilmember Musgrove commented that this resolution is being conflated with people not caring but clarified that this is specific to the City’s ability to control what it spends its resources on. She stated that she supports this action and that does not mean that COVID is fake or people should not wear a mask. She stated that the mask mandate allows the Governor to mandate who wears a mask without medical opinion and there are no metrics as to when this will be done. Mayor Kuzma asked the liability the City could look forward to if this motion passes. City Attorney Langel stated that the issue of liability is not clear as the resolution is very broad. He commented that whether this is passed or not passed, it is his belief that the Council cannot direct law enforcement to not enforce the law and the police will need to continue to enforce the law. He stated that there should not be liability in that manner unless the police do not do their job. He stated that the potential liability would come from the office of the Attorney General and whatever action they may take against Ramsey. Councilmember Riley asked if the legal opinion would be that this is contrary to State law. City Attorney Langel confirmed that it is his legal opinion that the City Council does not have authority to state that its law enforcement cannot enforce an Executive Order. He recognized that people could have differences of opinion and respects that, but the Council would need to have authority or jurisdiction and he is not aware of anything that would give the City the right to do what this resolution states. Mayor Kuzma commented that he is disappointed in the Council in bringing this resolution forward. Motion carried. Voting Yes: Councilmembers Heineman, Howell, Musgrove, and Specht. Voting No: Mayor Kuzma, Councilmembers Riley and Woestehoff. 7.08: Adopt Resolution #21-068 Directing City of Ramsey Staff, Authorities, Boards and Commissions to Take and Follow Direction from Ramsey City Council City Administrator Ulrich stated that Councilmembers Heineman and Howell have requested consideration of the proposed resolution. He noted that there are some questions as to how this could be interpreted by the Commissions and Boards as well as staff. Councilmember Howell commented that the goal of Councilmember Heineman and herself was to establish a baseline policy going forward to ensure that policies from the Council are followed by staff and the Boards and Commissions. She stated that as a liaison for a Commission she experienced a Chair not following the Council guidance related to mask wearing and sent out a letter with his own direction to the group. She stated that she wants to ensure that does not happen City Council / March 9, 2021 Page 16 of 21