{"id":52521,"date":"2020-07-24T01:41:20","date_gmt":"2020-07-24T07:41:20","guid":{"rendered":"https:\/\/dh.durangoherald.com\/tj\/montezuma-county-officials-clash-over-mask-mandate\/"},"modified":"2026-03-31T04:00:16","modified_gmt":"2026-03-31T10:00:16","slug":"montezuma-county-officials-clash-over-mask-mandate","status":"publish","type":"post","link":"https:\/\/dh.durangoherald.com\/tj\/montezuma-county-officials-clash-over-mask-mandate\/","title":{"rendered":"Montezuma County officials clash over mask mandate"},"content":{"rendered":"\n

\"Montezuma
Montezuma County Health Department Director Bobbi Lock explains the department\u2019s role during the pandemic to Commissioners Jim Candelaria, Larry Don Suckla and Keenan Ertel.<\/span>Jim Mimiaga\/The Journal<\/span><\/figcaption><\/figure>\n<\/p>

Montezuma County commissioners have defied Colorado Gov. Jared Polis\u2019 COVID-19 prevention orders, and one suggested the local Health Department could face firings and a reduced budget if it enforced them.<\/p>\n

Commissioners said the statewide mandates lack flexibility for rural counties, where there are fewer people and coronavirus cases.<\/p>\n

But District Attorney Will Furse of the 22nd Judicial District on July 21 pushed back against the county\u2019s opposition to Polis\u2019 recent executive order requiring face coverings in public places.<\/p>\n

During the Board of County Commissioners meeting, Furse objected to a July 17 email from County Administrator Shak Powers that told county staff they did not need to follow Polis\u2019 order.<\/p>\n

The email said: \u201cThere will be no internal disciplinary actions taken against county employees (that work under the prevue [sic] of the BOCC) who choose not to wear a facial covering. There will also be zero tolerance of harassment towards employees or customers who choose to wear or not wear their facial coverings.\u201d<\/p>\n

Commissioner Larry Don Suckla added in a Facebook post last week that \u201cMontezuma County will not be enforcing Polis mask mandate.\u201d<\/p>\n

Furse asked that Powers\u2019 email be retracted because it undermined public safety and encouraged noncompliance with a state order. The county employs 242 people, 108 of them under the purview of the Board of County Commissioners.<\/p>\n

\u201cThe mask mandate is meant to protect friends and neighbors, and its purpose is to get to a place of social and economic normalcy faster than if not in place,\u201d Furse said.<\/p>\n\n

Furse said the executive order was \u201ctoothless\u201d because there was no mechanism for enforcement, unlike public health orders, which can be enforced criminally. Regardless, he said, the mask mandate should be followed to help reduce a surge in the number of positive tests statewide.<\/p>\n

\u201cMasks assist in the reduction of the spread of COVID-19,\u201d Furse said. \u201cI humbly suggest this board provide the community with leadership to ensure human health and economic vitality.\u201d<\/p>\n

He said the pandemic got personal for him and his family when he contracted COVID-19 while traveling. He has since recovered.<\/p>\n

Minimizing the mask order puts employees and the public at risk in the administration building, Furse said, and DA staff might consider moving to a new office.<\/p>\n

The commissioners responded that department heads and elected officials can create and enforce their own staff policies, including requiring masks for employees and visitors.<\/p>\n

Furse added that private businesses can enforce the use of masks with trespass laws. A customer who refuses to wear a mask and refuses to leave, could be charged with trespass, he said.<\/p>\n

Mask exemptions include medical conditions, but not all business owners are aware of them. A resident who attended the meeting said she was denied entry to a local business for not wearing a mask, even though she claimed an exemption because of asthma.<\/p>\n

Politics charge debate<\/div>\n

The debate over enforcing the mask order has taken place in a tense and divisive political atmosphere.<\/p>\n

The county Health Department, which is charged with disease prevention, follows directives from the Colorado of Department of Public Health and Environment. Local health officials can enforce public health orders through CDPHE and the District Attorney Office, but, facing opposition and possible job losses and budget reductions from the Board of County Commissioners, opted instead to educate the public on prevention measures, according to officials.<\/p>\n

The Montezuma County Public Health Department is overseen by the county Board of Health, which is made up of the three county commissioners \u2013 Suckla, Keenan Ertel and Jim Candelaria. Commissioners control a portion of the Health Department\u2019s budget and hire the director. Suckla\u2019s and Ertel\u2019s terms expire this year, and they likely will be replaced in the November election by Kent Lindsay in Cortez and Joel Stevenson in Mancos. Unaffiliated candidate Rebecca Samulski is attempting to petition onto the ballot to challenge Stevenson for the Mancos seat and is awaiting signature verification.<\/p>\n

In meetings about pandemic management, the Health Department has faced pressure to avoid overly strict enforcement. County officials are concerned it will further harm businesses and the economy.<\/p>\n

During a May 14 meeting, a resident raised the question of who controls the Health Department \u2013 the county or the state. Suckla responded, \u201cThey are supposed to be run by us. We do have control because we can fire them.\u201d<\/p>\n

During another meeting about enforcement, Suckla suggested the county pay the fines for any business ticketed for violating state health orders, then reduce the county Health Department\u2019s budget by the same amount.<\/p>\n

\u201cWe have butted heads with the Health Department on the issue of enforcement,\u201d Suckla said in an interview, \u201cbut we\u2019ve worked it out so that education about prevention and protection is the better approach.\u201d<\/p>\n

He said there was never a direct order by the county Board of Health that the Health Department not enforce the state health orders.<\/p>\n

\u201cWe abided by the Safer at Home order,\u201d he said. \u201cPeople took personal responsibility and complied overall, they understand the virus is real and a serious problem.\u201d<\/p>\n

But there was an exception.<\/p>\n

During the Safer at Home order, county commissioners allowed a promoter to hold car races with fans at the Montezuma County Fairgrounds, with safety protocols such as mask wearing, limited attendance and social distancing. Under the rules at the time, car races could only occur without fans.<\/p>\n

When questioned about enforcement of the race violation, the Health Department referred The Journal<\/em> to county Administrator Powers.<\/p>\n

He responded in an email:<\/p>\n

\u201cThe Montezuma County Department of Public Health is governed by the Board of Health and the Board of County Commissioners. Any violations of or need for enforcement of Colorado Public Health orders would need to be sanctioned and backed by the BOCC. Therefore, any questions or concerns about failure to enforce should be directed to the BOCC\/Board of Health for their response, including any inquiries from the news media.\u201d<\/p>\n

Commissioners also pushed back when there was a suggestion to hire additional health workers and turn the fairgrounds into a field hospital.<\/p>\n

\u201cThat was premature and expensive. Our hospital has sufficient capacity, and we are facing a budget shortfall,\u201d Suckla said. \u201cIf our numbers explode, we will not ignore it, and at that point all options are on the table. I don\u2019t think the Health Department is looking the other way; they can enforce, and are on the right track using education to get compliance if they see violations.\u201d<\/p>\n

There has been a sense that enforcement of public health orders with penalties has not been a priority.<\/p>\n

Montezuma County Sheriff Steve Nowlin has said that he would not issue citations for violations of the public health orders, saying it was a Health Department matter.<\/p>\n

Furse said when the state public health orders were being issued, he had been working with the county Health Department on avenues of prosecution for serious violators of the orders, but health officials suddenly backed out of the discussions.<\/p>\n

Health department responds<\/div>\n

\u201cMontezuma County Public Health Department supports the mask order issued last week by the governor of Colorado,\u201d said director Bobbi Lock. \u201cWe are sticking with what public health does, which is education and prevention, those are our pillars on how to operate. One of the key prevention measures is wearing a facial covering, especially when indoors.\u201d<\/p>\n

Lock said the department will model that behavior when staff is attending events such as community testing that is ongoing the first and third Tuesday from 3 to 6 p.m. Other measures include actively managing all positive cases within the county, including residents and tourists. Contact tracing is a priority for all cases in order to decrease the spread and educate the public.<\/p>\n

\u201cA key concept that we all need to remember as we work our way through this pandemic is that public health and financial health of our community are not separate entities,\u201d Lock said. \u201cIn fact, they are intertwined like a web. The two work in unison to make our community healthier, both physically and financially. If our case counts continue on the current trajectory that we are on, we risk the health of both components for Montezuma County. We want our businesses to remain open. We want our schools to be able to open. We want our students and all the staff involved in the education process to be as safe as possible.\u201d<\/p>\n

Lock said her department does not have the capacity, funding or support for enforcement.<\/p>\n

\u201cHowever, we do have the ability to educate and promote a solid prevention message through our work and model what we hope our community members will support,\u201d she said. \u201cPlease join us as we work together to keep moving in a positive direction.\u201d<\/p>\n

jmimiaga@the-journal.com<\/a><\/em><\/p>\n

Shak Powers email (PDF)<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

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