Barry County commissioners took a page out of the state Legislature’s playbook Tuesday, saying they may withhold their half of the Barry-Eaton District Health Department budget if any districtwide mask mandate is enacted in future.
Those mask and quarantine mandates for area school districts, enacted by BEDHD Health Officer Colette Scrimger on Sept. 17, were rescinded by Scrimger last Thursday at 11:59 p.m.
“The rescission of these orders is due to boilerplate language included in the fiscal 2022 state budget that purports to restrict funding to local health departments with COVID-19 local emergency orders in effect as of Oct. 1, 2021,” Scrimger said in a health department news release last week.
That “boilerplate language,” which the GOP included in the 2021-22 budget approved by Gov. Gretchen Whitmer, bars local health departments from issuing or enforcing mask mandates for individuals under the age of 18.
Under the terms of the budget bill, any health department with a mask mandate in place on Friday, Oct. 1, would lose state funding -- unless the order was supported by their county board of commissioners.
Scrimger, along with some other health officers in Michigan, weren’t going to take that risk, even though the governor declared the language an unconstitutional attempt to craft policy in a spending bill. That didn’t reassure health departments across the state; 15 of them had issued mask mandates.
According to a Bridge Michigan article, BEDHD, along with health departments in Berrien, Allegan and Dickinson-Iron, were among those that rescinded mask mandates, citing the threat of funding cuts. Marquette, Ottawa, Washtenaw and Kent county health departments opted to keep their mask mandates, while three others were debating whether to continue student quarantine orders.
Barry County commissioners, who participated in the Michigan Association of Counties annual conference last week, did not meet last week. But, the week before, they had to move their regular meeting to the circuit courtroom to accommodate 258 people who came to speak out against the BEDHD mask mandate.
After nearly six hours of public comment, largely favoring freedom of choice with regard to mask wearing, board members reviewed what they had learned from constituents.
Then, at Tuesday’s Committee of the Whole meeting, Commissioner Jon Smelker proposed applying the state GOP strategy – what some have called “weaponizing the budget” – to prevent a mask mandate from being re-enacted locally.
Smelker told fellow commissioners that the county needs a resolution “with some teeth,” so that, “if a mask mandate came back, we can withhold the funds.”
The argument comes down to individual liberty vs. protecting the public health, he said.
During the commissioners' discussion of Smelker’s proposal, which was supported by Howard Gibson, Catherine Getty mentioned that “a big segment of the population” is afraid to speak out.
Some residents have told her they support a mask mandate, she said, but they have been bullied and threatened on the internet.
“I’m not against parents sending their children to school with masks,” Smelker replied, “I just don’t agree with the mandate.”
Finally, in a 6-1 vote, commissioners agreed that Geiger would develop the language of the resolution, which they will then vote on during their regular board meeting next week. Getty offered the lone dissent.
Geiger praised Getty’s courage in striving to represent those constituents who have been intimidated by the behavior of some citizens who have shouted and threatened others.
At Tuesday's meeting, several citizens such as Pat and Keara Hilton of Middleville, said they hold Scrimger responsible and have demanded she be fired. Others, such as Adam Heikkila of Battle Creek and Gary White of Nashville, pointedly criticized Geiger for his handling of the issue.
Their demands came to a head during the Sept. 23 health board meeting at Leason Sharpe Hall in the Barry Enrichment Center when Heikkila, during public comment, declared that he was making a citizen’s arrest. That brought the meeting to a halt when Sheriff Dar Leaf, acting city Police Chief Dale Boulter and Prosecutor Julie Nakfoor Pratt showed up and conferred about the situation.
Leaf later suggested that Heikkila should apologize to Scrimger.
Geiger said during the county meeting Tuesday that Scrimger has been unfairly vilified for doing her job, which is to protect public health, Chairman Ben Geiger said.
“If you’re a person who prays, pray for her (Scrimger). Her job is very tough. She has a good heart.”
Other Barry County residents who have asked commissioners to act against Scrimger, also deplored Heikkila’s action.
Larry Bass of Hastings, who asked commissioners for a vote of no-confidence in the health department, told them it makes no sense to continue as part of that department and encouraged them to take action to separate from it.
But Bass concluded by expressing his embarrassment and outrage about what happened to conclude the Feb. 23 health department meeting, when proceedings were “hijacked” by the outrageous attempt of a citizen’s arrest.
“I was embarrassed as a Barry County resident at how the BEDHD meeting ended,” he wrote in an email to The Banner. “That type of conduct and false accusations were totally out of line.”
The action to make a citizen's arrest received some statewide notoriety, prompting comment from Dr. Howard Markel, a former pediatrician and director of the University of Michigan's Center for the History of Medicine, who told Bridge Michigan, “It’s crazy. It's unprofessional. I wish these people -- if they pull this kind of nonsense — will just go home.”
Markel added, “If I could give advice to the county official: Be brave, and please do the right thing by your constituents.
“And if they do try to lower your funding, rest assured, you'll have many colleagues, including myself, behind you to fight tooth and nail because that's ridiculous.”
On Tuesday, the audience filled the Barry County ommission chambers on the mezzanine of the historic courthouse, but meeting decorum did not approach the raucous nature of the Sept. 23 session.
Geiger kept speakers to a 3-minute limit and, when they began to raise their voices, he asked them to show restraint.
One citizen, Jack Miner of Hastings, thanked commissioners for their service. “To say the last two weeks have been difficult would be an understatement,” he wrote in a letter to the board. “Please remember you are not alone. You are our neighbors, our friends and our leaders. We have trusted you with our votes and the management of the affairs of our beloved Barry County. For some, that confidence has been shaken.
Miner urged the board to find a solution to the problems now threatening the county’s ability to operate in an acceptable fashion. “This chaos cannot continue,” he wrote. “Do not let the boisterous minority drown out the rights of the majority to the orderly governance of their county.”
The majority of speakers who addressed the commissioners only want what they perceive is best for their families, friends and the county, he said.
“Know that you are not alone; there are thousands of people that voted for you. We continue to have faith in and trust you.”
On Tuesday, Heikkila also addressed the board twice and, the first time, he was cautioned by Geiger when he raised his voice.
Several posse members were stationed in the chambers during the session and walked with Heikkila out of the room when he concluded his first comments. He returned later to watch proceedings from the audience.
Boulter confirmed Wednesday that his department is reviewing what happened during that meeting to see if any law enforcement action should be recommended to the prosecutor.
Another question that has been raised is whether Scrimger should have been sworn in, taking an oath of office, when she was hired for the post of health officer.
Leaf told The Banner that one of his marine officers had not been duly sworn into office earlier this year and, as a result, one of the citations issued by that officer had to be rescinded.
The question being raised is whether the requirement for an officer to be sworn would apply to Scrimger.
The sheriff said Wednesday that he received 200 petitions requesting that his office look into whether the health officer is required to take an oath of office. An attorney representing the Michigan Department of Health and Human Services said that most health officers are exempt from this, unless a local unit of government has its own requirement.
Leaf said his department has received 200 petitions asking them to look into this matter so his department is pursuing it. One problem, however, is the volume of investigations his department is handling right now.
His department put a probe of the November election on hold when a missing persons report took precedence. Leaf said they were planning this week to use a helicopter in the search for Lane Rosland of Hastings, who has been missing since Sept. 27.
Now, with questions about whether Scrimger should be required to take an oath of office, he could not say when any of these investigations are likely to come to fruition.