FAQ: COVID-19: Very Frequently Asked Questions
by Attorneys, Allen Garner, Ivan Schraeder, James Hetlage, Julie Devine and MML Staff Every workday your Missouri Municipal League staff answers dozens of questions on municipal issues. This column provides an opportunity to share some of the most frequently asked questions. The COVID-19 pandemic has been a top issue of discussion since March. Answers provided in this column were put together by League staff in consultation with attorneys: Allen Garner, Ivan Schraeder, James Hetlage, and Julie Devine. As with all legal matters, municipal officials are urged to consult their city attorney for guidance on the specific challenges faced by their municipality.
Can we require the public to wear masks when entering city hall? The short answer is yes. The more detailed answer depends on how strict the city wants to be on enforcing this. Putting up a sign stating a requirement to wear masks is ok, and for most cities could be done with direction from top staff or the mayor. As with any city policy, enforcement should be fair and uniform. Consideration should be given to potential health accommodations for those who cannot wear a mask. A sign and verbal requests from staff may be enough to encourage most citizens to wear a mask. Cities considering stricter enforcement of mask rules are advised to consult their city attorney and would likely need to have council adopt an ordinance if fines are to be imposed as a penalty. Lastly, any city implementing such a mask requirement policy is reminded that if the public is expected to adhere to a policy it will behoove the city staff (and officials) to follow that policy just as strictly.
Can our city impose a citywide mask ordinance?
What steps are missouri cities taking to reduce the COVID-19 exposure risk for their workforce? The COVID-19 pandemic is continuing to affect the way city hall and other city offices operate, from plexiglass at the utility clerk counter, to staggered work schedules, to virtual council meetings. Many cities are continuing to allow staff members that can work from home to do so. Some employees are able to do most of their job from home but may come in one or two days a week to take care of activities that absolutely require them to be at city hall. Other measures cities are taking to reduce exposure include using drop boxes for payments; offering incentives to encourage ACH (Automatic Clearing House) payments that come direct from the customer’s bank or online credit card payments; and using teleconference or video conference options for staff and other meetings. Most municipalities have imposed strong sanitization policies — not just staff and visitors with gloves and hand sanitizer but also doing deep cleans and considering installation of COVID-19 filters to HVAC systems.
So far St. Louis, Kansas City, Springfield, Columbia, North Kansas City and Branson have imposed local ordinances requiring citizens to wear masks when in public. Cities are encouraged to consult their local county health department regarding the need for enforcement at the municipal level. Mask ordinances have become very controversial and consulting the local city attorney regarding passage is advised. A Springfield area attorney has brought a lawsuit against Springfield’s mask ordinance. A decision in the case is still pending, although the judge recently refused to issue a temporary restraining order to stop enforcement. Home rule charter cities may have clearer authority for mask ordinances statutory cities should look to 77.350 RSMo.(3rd), RSMo 79.380 (4th) RSMo. 80.090 (Villages) for authority to address contagious diseases. www.mocities.com
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