Health board rejects resolution seeking to limit future pandemic responses

Annie Doyle, The Petoskey News-Review
·3 min read
Over 80 citizens attended the board of health meeting on April 4, leaving standing room only for several audience members at the Shirley Roloff Center in Charlevoix.
Over 80 citizens attended the board of health meeting on April 4, leaving standing room only for several audience members at the Shirley Roloff Center in Charlevoix.

CHARLEVOIX — A resolution put before the Health Department of Northwest Michigan's board of health that would have allowed a pseudo-veto power over future emergency health orders failed in a tie vote at the board's meeting on Tuesday, April 4.

In what was dubbed an act of “political theater” by the health department’s medical director, Dr. Joshua Meyerson, the proposal would have mandated all government emergency measures emanating from the health department regarding a pandemic to expire after 28 days with only a three-fourths vote of the full board of health able to authorize the continued implementation of such measures, and then only on a month-by-month basis.

The resolution was authored by Rich Ginop, chairman of the Emmet County Board of Commissioners.

Emmet County Commissioner Rich Ginop led the prayer at the opening of the Health Department of Northwest Michigan's board of health meeting on April 4, 2023.
Emmet County Commissioner Rich Ginop led the prayer at the opening of the Health Department of Northwest Michigan's board of health meeting on April 4, 2023.

The motion’s language runs contrary to Michigan’s Public Health Code, which gives authority over such emergency measures to the health officer.

“Any limitations that you are trying to put on the health officer is simply not consistent with the health code ... most of this resolution would be invalidated if it was subjected to a legal challenge," said Matthew Cross, the board’s advising attorney, during the meeting.

Board members voting in favor of the motion were Antrim County Commissioner Jarris Rubingh, Emmet County Commissioner Rich Ginop and Otsego County Commissioners Jonathan Turnbull and Henry Mason. Those voting against were Charlevoix County commissioners Scott Hankins and Joshua Chamberlain, Antrim County Commissioner Dawn LaVanway and Emmet County Commissioner Don Mapes.

Plunkett and Cooney attorney Matthew Cross, who acted as council for the board of health, advised "any limitations that you are trying to put on the health officer is simply not consistent with the health code" at the April 4 meeting.
Plunkett and Cooney attorney Matthew Cross, who acted as council for the board of health, advised "any limitations that you are trying to put on the health officer is simply not consistent with the health code" at the April 4 meeting.

More: Health department board to consider proposal to limit pandemic responses

“I get the motivation behind this resolution,” Hankins said.

Hankins added that he had been one of four commissioners who signed a letter asking for a mask mandate to be rescinded by then-health officer Lisa Peacock in 2020, but “Since then, I have learned a lot about the Michigan Public Health Code."

"I’m not saying that I don’t support the intent, but I don’t believe that the language that is in this resolution is supported by the Michigan Public Health Code," he said.

Charlevoix County Commissioner Scott Hankins said that changing the laws regulating the health department needed to be done at the state legislative level during the April 4 board of health meeting.
Charlevoix County Commissioner Scott Hankins said that changing the laws regulating the health department needed to be done at the state legislative level during the April 4 board of health meeting.

The health department's current health officer, Dan Thorell, questioned the timing of the resolution.

“This resolution is being proposed at a time when COVID is fading and we are trying to move on as a community," he said. "It seems to widen the gap between neighbors when we should be trying to find a common ground to move forward and deal with the many important issues facing our communities now as we move out of the pandemic.”

Thorell also said he struggled to understand the rationale behind the resolution given that its directive toward the health officer was not legally binding, in his opinion.

Cross advised the board of their role, stating “You have approval over regulations — not emergency orders." He cited the recently dismissed case of Patrick Flynn vs. the Ottawa County Department of Public Health in which the plaintiffs argued a mandatory mask order was a regulation.

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Numerous citizens spoke during a lengthy public comment portion of the board of health meeting on April 4.
Numerous citizens spoke during a lengthy public comment portion of the board of health meeting on April 4.

Rubingh, who spoke in support of the resolution, said voters in Antrim County he had talked to were in overwhelming support of the restrictions proposed and didn’t like the unfettered overreach of the health department. Mason also spoke of the importance of checks and balances and in support of those that the resolution would have provided.

“This resolution is a political opinion," Meyerson said. "It is an important opinion and I respect that opinion. This just isn’t the place for it. Your constituents who want you to vote for this need to know that you can pass this resolution today but it has basically no legal enforcement whatsoever. It is symbolism, it is political theater, it is nothing more.”

Over 80 citizens attended the public meeting in person, and the meeting was also live streamed. Several individuals spoke during the public comment portion of the meeting.

— Contact reporter Annie Doyle at (231) 675-0099 or adoyle@charlevoixcourier.com

This article originally appeared on The Petoskey News-Review: Health board rejects resolution seeking to limit future pandemic responses in tie vote