BACKGROUND:
At the November 17, 2020 Regular Meeting, the Governing Body approved Ordinance No. 2884-2020, requiring face coverings in the City of Garden City. The ordinance was designed to expire in 30 days, or be extended for an additional 30 days by a majority vote of the Governing Body prior to expiration.
Finney County Board of Commissioners adopted Resolution 2020-07 on November 23, 2020. This resolution does not currently apply within the city limits of Garden City because the City of Garden City has a face covering ordinance. Were the Governing Body to allow its ordinance to end, a reasonable interpretation of Finney County Resolution 2020-07 is that it would then become effective in Garden City through December 31st, or longer if extended by the Finny County Board of Commissioners.
Finney County’s resolution is nearly identical to the City’s ordinance as far as substantive provisions. The City’s ordinance has an exemption for first responders engaged in the performance of their duties. The County’s resolution does not have that exemption. The County’s resolution does not apply to K-12 public or private school buildings and facilities. The City’s ordinance applies to schools. Finally, the County’s resolution leaves enforcement up to the Finney County Attorney or the Kansas Attorney General. There is no stated penalty section. Apparently enforcement and what sanction is to be sought is left to the discretion of the prosecutor. The City’s ordinance has a penalty section, with designated fines.
The City's Community Health Advisory Board (CHAB) voted at their December 8, 2020 meeting to recommend the City Commission extend the City face covering requirement an additional 30 days.
There are three weeks between the last meeting in December and the first meeting in January. If the Governing Body approves a 30-day extension to Ordinance No. 2884-2020, the Governing Body would then review the matter again at its next regular meeting on January 5th, 2021.