Mask enforcement to be funded by Safety Awareness Grant

Council votes 4-3 to approve grant application

Emergency Management Director Clyde Avery came before the Marshall County Council on Monday to seek approval to apply for the CARES-OMB Safety Awareness Grant. The week before, Avery received approval from the County Commissioners for the same grant application.

The requested amount, according to Avery, totaled $165,050.60.

“These particular funds are geared toward education and compliance of the Governor’s executive order

as well as our local mask ordinance. All money is reimbursable. It would have to be expended by the end of this month and claims submitted for reimbursement by the end of this month,” Avery explained.

Council Member Mandy Campbell asked Avery what would be enforced. Avery responded that in accordance with the local ordinance, businesses in the county are responsible for enforcing the mask ordinance that went into effect on Nov. 20.

“A face mask is required for any person or individual entering any enclosed public space or enclosed place of business. The face mask shall be worn at all times,” states Ordinance 2020-21.

Businesses must require employees, contractors, owners and volunteers to wear a face mask at the workplace and when performing off-site anywhere the employee, contractor, owner, or volunteer would be otherwise required by the ordinance to wear a face mask. Businesses must also take “reasonable measures” to remind their customers and the public of the requirement that they wear a face mask while inside the business.

As far as enforcing the ordinance, the “Health Department, Health Officer, and other local officials or law enforcement officers are designated to enforce the terms and provisions of this ordinance in accordance with Indiana law.”

Avery went through the timeline of events if there was a problem. “Basically, a complaint would come into the Health Department, they would investigate the complaint, and follow through the violation process.”

That process, according to the mask mandate, is as follows:

• Investigation of the complaint or suspicion and, if warranted, issue a verbal order to cease the unsafe practice so that the person or owner has the opportunity to comply.

• If the person or owner fails to comply with the verbal order, then the enforcing entity (listed above) should issue a written order to cease the unsafe practice. This notice may be served by personal service; certified mail, return receipt requested; or by registered mail.

• If the unsafe practice continues after the above steps are taken and the person or business enterprise has been given at least 48 hours to comply with the violation notice, “the relevant official should issue an order to close the business enterprise.”

• If the business enterprise receives a fine and fails to pay that fine, then legal actions in a court may be instituted to enforce the terms and conditions of the ordinance.

“The monetary fine for violation of this ordinance shall be assessed and shall be as follows: each violation of the ordinance shall be $100. Each day that a violation of this ordinance remains uncorrected shall constitute a violation which may result in the issuance of a subsequent citation,” stated the ordinance.

Campbell stated that she has been receiving complaints from business owners concerning the mandate.

Council Vice President Penny Lukenbill asked about which entity, the Marshall County Health Department or the Marshall County Sheriff’s Department, would actually enforce this mandate.

“The Sheriff’s Department and local law enforcement would not really be involved in the enforcement piece of it. The Sheriff (Matt Hassel) has indicated that he’s not going to enforce it but at some point, the businesses have run into issues with people who refuse to comply and so their only recourse is to ask those people to leave. If they refuse to leave, they can be served with a no trespass notice. And if they continue to refuse to leave, they can be arrested,” said Avery.

Campbell responded that the business owners that have contacted her are saying that they are getting fined and are “already struggling to survive at the moment.”

The same day that the commissioners passed and adopted the mask ordinance, Campbell stated that she was already receiving phone calls.

“The business owners, themselves, are not too happy to have more fines put on them for just trying to survive,” she said.

Avery responded that, to his knowledge, no business had been fined. “Really what it is, is that it’s an education process to get people to understand that we have to implement this in order to keep the number of infections down,” he said.

Council Member Heath Thornton asked if the funds from this grant will be used for undercover operations or if they’ll only respond to complaints. Avery responded that he wasn’t in charge of the enforcement of the ordinance and that would be a question for the Health Department.

“What we’re probably looking at doing if this is approved is to maybe hire some folks from a private security company to help them with answering those complaints,” Avery said.

Commissioner Kevin Overmyer said that the Health Department has a bid from one such security company. “It would be better for those security people to go investigate instead of sending someone from the Health Department.”

Overmyer stated that the reason for hiring a private company was due to the fact that the Health Department has a lot on their plate due to the pandemic. When a complaint comes in the Health Department contacts the company who will then go and investigate.

“We’re not going in, busting doors down or anything,” Overmyer said. “We’re trying to eliminate some of the pressure off the Health Department.”

Overmyer also stated that the commissioners are looking at revising the ordinance to “make it not so it goes against the business.”

Lukenbill asked if there was a contingency plan if this was not approved by the council. Overmyer responded that the only other place the funding could be taken out of is from the CARES Act funds that the county originally received.

Thornton asked about the number of investigations and complaints the Health Department has been involved in. Avery and Overmyer said that there have been no tickets and/or citations issued. “There have been several complaints filed,” Avery said.

The motion to approve the grant application was approved 4-3 with Council Members Roose, Campbell, and Thornton opposing.