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PALMER — Since the start of the COVID-19 pandemic in March, the Mat-Su Borough has not been able to enact a borough-wide mask mandate due to the lack of health powers as a second class borough.
Despite comments from Acting Attorney General Ed Sniffen this week stating his stance that municipalities have their own methods of enacting a mask mandate under disaster powers, Mat-Su Borough Attorney Nick Spiropolous and other municipal attorneys in places such as Fairbanks, Ketchikan, and the Bristol Bay Borough disagree.
“It’s been reported by a couple of news outlets that yesterday there was some statements that he thought that you don’t need health mandates to issue a mandate and those are disaster powers to issue a mask mandate and Mr. Sniffen said ‘we would support municipalities exercising those kinds of powers,’” said Spiropolous. “The analysis for second class boroughs is different than it is for all the other municipalities and so I think while saying they would support munis exercising those kinds of powers that doesn’t mean we legally could.”
On Tuesday, Spiropolous asked for and received consent from the Mat-Su Borough Assembly to sign a letter with a half dozen other municipal attorneys asking for a clarification by the Attorney General’s Office.
“Formalizing our position and saying if there’s something different, then issue a formal opinion signed that has the power of persuasive law before the courts, rather than simply press statements,” said Spiropolous. “If the state’s really serious about either granting us extra powers or taking up that torch to do that, then it has to be something a little more formal than just simply talking to the press so I’m going to sign onto the letter tomorrow.”
Mayor Vern Halter immediately quipped that he was fully on board and suggested Spiropolous make it a strongly worded letter. Spiropolous said that the letter would be diplomatic.
“Diplomatically strong,” said Halter. “I’m tired of this issue.”
On Thursday, Halter was joined by MSB Director of Emergency Services Ken Barkley, Mat-Su Health Foundation CEO Liz Ripley, Mat-Su Borough School District Superintendent Dr. Randy Trani and Mat-Su Regional Medical Center COVID-19 task force chair Dr. Tom Quimby at a press conference called by the Borough. Barkley said that MSB EMS personnel would begin using a PAFR or Powered Air Purifier Respirator that will come with a hood attached over EMS personnel’s head to provide purified air and allow for their faces to be seen to improve communication.
“Dividends are paying off for us. Because of us using the PPE continuously throughout their shift it’s helping reduce the positive cases. We have noticed an 11 percent increase in covid responses and we expect that to maintain. We’re treating every call whether it’s a trauma call a vehicle accident, we’re treating it as a possible covid case just to put those precautionary measures in place,” said Barkley.
After hearing emotional pleas from Ripley and Dr. Quimby, Halter called on Valley residents himself.
“I know there’s a certain percentage of people in the Mat-Su that don’t want to wear a mask, nobody can tell them to wear a mask, by golly I’m not going to wear a mask. Please reconsider that its the time to really step up right now so if we wear our mask, if we distance, if we stay home, I know it’s the holiday season but I think this is the time to stay home and be with ourselves, our immediate families,” said Halter. “Don’t go out don’t go to restaurants don’t go to bars and I think we’ll get through this.”