As the town and state are trying to hit the reset button and begin to unwind after the expiration of Governor Doug Ducey’s Stay at Home Executive Order, Town Council members are also feeling their way to understand what is allowable and what still needs restriction.

The discussion began during the May 19 Town Council meeting when Councilman Alan Magazine expressed confusion over whether people should be wearing masks in public and how law enforcement might address those issues.

Councilman Art Tolis then accused Magazine of trying to tell the Sheriff’s Office what it should do regarding enforcement, something a single council member has no authority to do.

Tolis has consistently taken the position that many of the restrictions in place to prevent the spread of coronavirus are unconstitutional.

MCSO Capt. Larry Kratzer explained that the Sheriff’s Office takes its direction from the Town Manager consistent with the contract with the town. He said no single council member is telling deputies how to enforce laws.

Magazine said he was simply asking a question to clarify the situation in his mind and for the public.

Kratzer said that deputies are responding only to complaints received through dispatch and, per orders from Sheriff Paul Penzone, are only using a very light touch in making contact with people.

“When we respond it is to provide information,” Kratzer said.

He said only if the situation is extreme are they to take action, and in those situations deputies are directed to “long form” the complaint and forward it to the County Attorney’s Office for a decision on prosecution.

Tolis said it is his understanding that the governor’s executive order has expired and there should no longer be any need for enforcement.

Kratzer said that the “Stay at Home” provision of the orders had expired, however there remain portions of the order still enforceable such as crowd size and social distancing.

Town Attorney Aaron Arnson also stated that some of the provisions of the Executive Order remained in force after the expiration of the Stay at Home order.

Legislature

Jack Lunsford of the Lunsford Group, a consulting group used by the town on legislative issues, reported to the council on some activities of the state legislature related to COVID-19.

Lunsford said that while the State Senate told the State House of Representatives it was ready to adjourn, the House is continuing to meet and last week introduced a plethora of bills directly or indirectly related to the coronavirus.

Lunsford said one bill introduced by Representative John Kavanagh of Fountain Hills calls for civil liability only in the case of violations of executive orders, if they are charged and convicted of an act that takes place during a declared emergency the civil penalty would be a maximum of $100.

Legislation would also prohibit towns and municipalities from suspending the license or permit of a business accused of a violation.

Another bill would provide immunity from liability so people could not take action against government agencies, school districts, businesses, churches or care facilities.

Lunsford told the council he had not seen specific language on some of these bills, but wanted to make the town aware of what the legislature is looking at. He said he would monitor and keep staff apprised of what is happening.