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Councilmember Howell stated she was thinking it should be included in the ordinance because if <br />at some point there is a Council that comes along and wants to rescind it there would be a chance <br />for the public to comment on it. She felt that was important. <br /> <br />City Attorney Knaak stated that raises an issue. He gave the example of an employee that at a <br />front desk who is requested to provide a public service of some sort. That employee chooses to <br />wear a mask and is concerned enough about their own health that they refuse service. He stated <br />that would be considered discrimination under this ordinance if masking is included in the same <br />way as inoculation. He was unclear how that would work as a practical matter. <br /> <br />Councilmember Heineman commented that in previous discussion it was decided that the City <br />wasn’t going to utilize resources to enforce the mask mandate. He felt that was different from <br />saying that legal action would be taken. He gave the example of an EMT being required to put on <br />a mask and they would be potentially legally liable for pursuing that, the same with law <br />enforcement. He suggested leaving the masks in the resolution. <br /> <br />Mayor Pro Tem Riley commented that based on the attorney, masks shouldn’t be included in the <br />ordinance and asked if there was agreement on that. He asked if the ordinance was ok the way it <br />is written. He stated he was not in support of it so he wasn’t going to argue it. <br /> <br />The consensus of the Council was to accept the ordinance as written. <br /> <br />Mayor Pro Tem Riley asked if there were any suggested changes to the resolution. <br /> <br />Councilmember Howell expressed concern about the reported number of deaths in the second <br />“where as.” <br /> <br />Mayor Pro Tem Riley suggested changing it to read “numerous” and asked if that was acceptable. <br /> <br />There was Council consensus to accept the change to “numerous.” <br /> <br />Mayor Pro Tem Riley asked how masks could be incorporated in the resolution. <br /> <br />City Attorney Knaak replied he could do some modifications. <br /> <br />Mayor Pro Tem Riley asked if there was consensus that the Counsel was satisfied with what was <br />written and if City Attorney Knaak had the needed direction to add a stipulation about the mask <br />mandates. <br /> <br />Councilmember Musgrove commented that this encapsulates the direction given by the Council. <br /> <br />Mayor Pro Tem Riley commented he likes the resolution because it says that the Council is against <br />mandates and taking a stand but doesn’t say what they are or are not going to do. He continued <br />that this will be brought forward on the agenda for the next meeting with the presumption that City <br />Attorney Knaak is going add language about masks to it. <br /> <br />City Council Work Session / January 25, 2022 <br />Page 19 of 23 <br /> <br />