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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 193-21
File Number: 2021-0611
SPECIAL SESSION - MASK MANDATE:
A RESOLUTION TO REQUEST THAT GOVERNOR HUTCHINSON RECONSIDER AND
INCLUDE WITHIN HIS CALL FOR A SPECIAL SESSION THE HISTORIC AND
NECESSARY AUTHORITY OF LOCAL GOVERNMENTS TO PROTECT THE HEALTH AND
SAFETY OF THEIR CITIZENS THROUGH AN AMENDMENT OF ACT 1002 OF 2021
WHEREAS, Governor Hutchinson issued his Executive Order To Declare A Statewide Public Health
Emergency For The Purpose Of Meeting And Mitigating The Impact Of Covid-19 On The Healthcare
System Of Arkansas on July 29, 2021; and
WHEREAS, the statutory primary purpose of the City of Fayetteville, as all other Arkansas cities, is
"to provide for the safety (and) preserve the health... of such (cities) and the inhabitants thereof
"(A.C.A. §14-55-102); and
WHEREAS, the first power granted to Arkansas cities by the Legislature in the First Act of 1875 is:
"Cities and incorporated town shall have the power to: (1) Prevent injury... within the limits of the
municipal corporation from anything dangerous, offensive or unhealthy..." A.C.A. §14-54-103; and
WHEREAS, those duties cannot be accomplished, nor the powers utilized by cities to protect our
citizens in this declared public health emergency because of Act 1002's ill-advised prohibition against
cities to require face masks for unvaccinated persons; and
WHEREAS, until a far larger percentage of Arkansans have been fully vaccinated, face masks are
again being recommended for all public indoor activities in areas of high contagion such as Arkansas by
the CDC, the Arkansas Department of Health and the Fayetteville City Board of Health.
Page 1 Printed on 814121
Resolution: 193-21 -
File Number. 2021-0611
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that is in the
best interest of the citizens of Fayetteville and every other city in Arkansas to have the historic and
necessary authority to protect the life and health of its citizens returned to the local government.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby requests that Governor
Hutchinson reconsider and include in any call for a Special Session of the Legislature and its
reconsideration of Act 1002 of 2021, the removal of restrictions upon the local government's ability to
address the ongoing and increasingly dangerous Covid-19 Delta variant pandemic including allowance
of face mask mandates for persons on city property, in city buildings and in public indoor areas within
the city limits.
PASSED and APPROVED on 8/3/2021
Attest:
- bmma—
Lisa Branson, Deputy City Clerk
Page 2 Printed on 814121
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0611
Agenda Date: 8/3/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: 1.
SPECIAL SESSION - MASK MANDATE:
A RESOLUTION TO REQUEST THAT GOVERNOR HUTCHINSON RECONSIDER AND INCLUDE
WITHIN HIS CALL FOR A SPECIAL SESSION THE HISTORIC AND NECESSARY AUTHORITY
OF LOCAL GOVERNMENTS TO PROTECT THE HEALTH AND SAFETY OF THEIR CITIZENS
THROUGH AN AMENDMENT OF ACT 1002 OF 2021
WHEREAS, Governor Hutchinson issued his Executive Order To Declare A Statewide Public Health
Emergency For The Purpose Of Meeting And Mitigating The Impact Of Covid-19 On The Healthcare System
Of Arkansas on July 29, 2021; and
WHEREAS, the statutory primary purpose of the City of Fayetteville, as all other Arkansas cities, is "to
provide for the safety (and) preserve the health... of such (cities) and the inhabitants thereof "(A.C.A.
§14-55-102); and
WHEREAS, the first power granted to Arkansas cities by the Legislature in the First Act of 1875 is: "Cities
and incorporated town shall have the power to: (1) Prevent injury... within the limits of the municipal
corporation from anything dangerous, offensive or unhealthy..." A.C.A. §14-54-103; and
WHEREAS, those duties cannot be accomplished, nor the powers utilized by cities to protect our citizens in
this declared public health emergency because of Act 1002's ill-advised prohibition against cities to require face
masks for unvaccinated persons; and
WHEREAS, until a far larger percentage of Arkansans have been fully vaccinated, face masks are again being
recommended for all public indoor activities in areas of high contagion such as Arkansas by the CDC, the
Arkansas Department of Health and the Fayetteville City Board of Health.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that is in the best
interest of the citizens of Fayetteville and every other city in Arkansas to have the historic and necessary
authority to protect the life and health of its citizens returned to the local government.
City of Fayetteville, Arkansas Page 1 Printed on 81412021
File Number: 2021-0611
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby requests that Governor
Hutchinson reconsider and include in any call for a Special Session of the Legislature and its reconsideration of
Act 1002 of 2021, the removal of restrictions upon the local government's ability to address the ongoing and
increasingly dangerous Covid-19 Delta variant pandemic including allowance of face mask mandates for
persons on city property, in city buildings and in public indoor areas within the city limits.
City of Fayetteville, Arkansas Page 2 Printed on 81412021
Legistar ID No.: W LI - Ue I I.
AGENDA REQUEST FORM
FOR: Council Meeting of August 3, 2021
Mayor Lioneld
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION TO REQUEST THAT GOVERNOR HUTCHINSON INCLUDE
WITHIN HIS CALL FOR A SPECIAL SESSION THE HISTORIC AND NECESSARY
AUTHORITY OF LOCAL GOVERNMENTS TO PROTECT THE HEALTH AND
SAFETY OF THEIR CITIZENS THROUGH AN AMENDMENT OF ACT 1002 OF 2021
FOR AGENDA:
/a�or d Jord gate
City Attorney Kit Williams Date
41
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
CC: Susan Norton, Chief of Staff Paralegal
Kara Paxton, City Clerk/ Treasurer
FROM: Kit Williams, City Attorney -�-�—
DATE: July 30, 2021
RE: Governor Hutchinson's July 29th Proclamation of a Statewide Public
Health Emergency and Fayetteville's request for the return of cities' rights
to mandate face masks
Mayor Jordan asked me today to prepare a Resolution for the City Council's
consideration to request that Governor Hutchinson include within his proposed
call for a Special Session not only the absolutely vital and needed legal ability of
Arkansas School Districts to require masks for their students, but also to return the
historic power of cities to preserve and protect the health and safety of its citizens
by taking necessary contagion -reducing measures such as mask mandates if
needed in a local community as determined by the local governing body.
Attached please find Governor Hutchinson's Proclamation of July 29, 2021
and my draft proposed Resolution which can be revised after Mayor Jordan s
review and analysis on Monday, August 2nd. I believe a Resolution of some form
will be presented to the City Council as a walk-on by Mayor Jordan for the August
3rd City Council Meeting. Therefore, I wanted to give the City Council as much
notice as possible.
TO ALL TO WHOM THESE PRESENTS COME — GREETINGS: EO 21-14
EXECLUTVE ORDER TO DECLARE A STATEWIDE PUBLIC HEALTH
EMERGENCY FOR THE PURPOSE OF MEETING AND MITIGATING THE
IMPACT OF COVID-ig ON THE HEALTHCARE SYSTEM OF ARiCANSAS.
WHEREAS: The Delta Variant of COVID-19 has infected thousands of Arkansans in
recent months. Infections and hospitalizations continue to rise at an
alarming rate, placing the accessibility to healthcare facilities for all
Arkansans at risk; and
WHEREAS: A public health emergency was declarers on March 11, 2020, to meet and
mitigate the effects of COVID-19 in Arkansas. The emergency was
renewed several times until its final expiration on May 30, 2021; and
WHEREAS: At the expiration of the public health emergency on May 30, 2021, there
were 1,938 active cases of COVID-ig in Arkansas and 194 hospitalizations
in Arkansas due to COVID-1g. On July 27, 2021, there were 15,491 active
cases of COVID-ig in Arkansas and 1,025 hospitalizations in Arkansas due
to COVID-1g; and
WHEREAS: In the two months since the expiration of the public health emergency,
hospitalizations have climbed near the record of hospitalizations ever
recorded in the state due to COVID-1q. On January 13, 2021,
hospitalizations reached 1,362. It is expected that hospitalizations will
match or exceed that number in the coming weeks; and
WHEREAS: The rapid rise in cases and resulting hospitalizations is placing an
unsustainable strain on Arkansas hospitals already struggling to staff their
facilities; and
WHEREAS: Emergency action is warranted to utilize all available resources from the
federal government and the Emergency Services Act of 1973 to provide
hospitals with adequate staffing to meet the healthcare needs of all
Arkansans during this surge in COVID-ig cases.
NOW,THEREFORE, I,Asa Hutchinson, Governorofthe State of Arkansas, acting under
the authority vested in me by Ark. Code Ann. §§ 12-75-101, et seq. hereby
declare a statewide state of disaster emergency related to public health,,
resulting from the catastrophic statewide impact of the Delta Variant of
COVID-ig on the healthcare system of Arkansas. This emergency shall
expire sixty (60) days from the signing of this order, unless the emergency
is terminated at an earlier slate, or it is approved for renewal by the
Arkansas Legislative Council.
FURTHERMORE, I order the following:
(1) The Arkansas Division of Emergency Management is hereby ordered
to seek necessary staffing assistance for Arkansas healthcare facilities
and hospitals through available avenues to include the Emergency
Management Assistance Compact.
(2) Pursuant to Ark. Code Ann. § 12-75-114(e)(1), the Arkansas
Department of Health is ordered to identify any regulatory statutes,
orders, or rules related to licensure of healthcare professionals that
may be preventing, hindering, or delaying necessary action for coping
with this emergency. Once identified, those statutes, orders, or rules,
shall be reported to the Governor and posted on the Arkansas
Department of Health website, and they shall be suspended for the
duration of this emergency.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal
of the State of Arkansas to be affixed this 29th day of July, in the year of
our Lord 2021.
Asa Hutchinson, Governor
301111'rhur8ton, Secretary of State