[Editor's Note: The proclamation and resolution may be read in their entirety on Silver City's website: https://www.townofsilvercity.org/DocumentCenter/View/1150/7-20-20-Emergency-Proclamation-and-Resolution ]

By Roger Lanse

At an emergency meeting of the Silver City Town Council Monday morning, July 20, 2020, Mayor Ken Ladner stated that the local district attorney has said the town has no authority to enforce the governor's orders relating to COVID-19 restrictions, particularly in the wearing of face coverings or masks. "The only option left for the town would have been for me to issue a proclamation and assume powers granted to me under the state's Riot Control Act. I chose not to take that path. I, the council, and the police department, have attempted to gain compliance by appealing to the common sense of our community members. Today there will be a proclamation and a resolution to clear up any continuing misinformation regarding the position of the town."

The mayor then announced the proclamation, which after all the "Whereas,'" stated, "It is therefore proclaimed by the mayor of the town of Silver City that all persons in Silver City and of the community of Grant County are hereby made aware there exists in our community a deadly COVID 9 (*19) pandemic and that wearing appropriate face coverings, washing hands, and social distancing are accepted practices of lessening the transmission of the disease, and,

"That the inhabitants of the town will be conscious of those of our community who are at greater risk of death or serious harm from this disease, and,

"Adopting behavior which will likely protect themselves and their neighbors is proof of civic responsibility and represents American patriotism.

"That each citizen is hereby charged with educating those who have not yet awakened to the danger that surrounds us with compassion and understanding. Although it is accepted that there are many conflicting perspectives to social and political issues it is also accepted that that the well-being and survival of the elderly, the children, and the weakest inhabitants of our community should be preeminent amongst our concerns. It is strongly urged that each parent, uncle, aunt, grandparent commit to protecting the weakest and most vulnerable among us, especially the elderly and the children by adopting habits of mask-wearing, social distancing, and good hygiene. Teaching by example is usually most effective.

"That voluntary acts of kindness and generosity are treasured by all religions, political parties, and communities and should be clearly expressed by all during this time of danger.

The mayor stated that this proclamation and the resolution to follow will be posted on the town's website.

 A resolution was considered next. Ladner stated the resolution is in support of the executive orders of the Governor of New Mexico and the public health order of the New Mexico Department of Health Cabinet Secretary and to encourage adherence thereto by the inhabitants of the town of Silver City.

Ladner introduced District 1 Councilor Cynthia Bettison who sponsored the resolution. Bettison stated, "During my Councilor Comments last Tuesday, I specifically stated my opinions regarding the need to wear masks and asked everyone in town, as I have done many previous times during Councilor Comments, to please wear masks. I stated that I do wear a mask as an immune compromised individual to protect myself and to protect others, my boyfriend and loved ones, my friends and my community."

Bettison continued, "This resolution is an opportunity for this council to make a decision that will erase any ambiguity of the Silver City Town Council's position affirming strong support of the executive orders of the governor of New Mexico and the public health orders of the New Mexico Department of Health Cabinet Secretary with regard to mandatory wearing of facial covering, social distancing, hand washing, and other orders designed to prevent the transmission of COVID-19."

District 4 Councilor Guadalupe Cano stated she had some concerns about the resolution, stating: "The main one is the seventh 'whereas' which is 'Whereas it is the intent of the town council to erase any ambiguity.' If we're just going to strongly urge the community to wear masks and we're not really going to give them anything with teeth then I'm not sure we're erasing any ambiguity because to me, if a person is already wearing a mask, they're going to keep wearing one. If they're not wearing one right now, strongly urging them to wear one is not going to do that. Not going to make them wear it. I also have some concerns that this really isn't going to do anything."

Cano continued, "Law enforcement won't get any support from this resolution. So, it's kind of like a feel good, oh, we're just going to do this so the people will be happy that we did it, kinda thing and it really isn't doing anything. So, if I've missed something, please, enlighten me."

Bettison answered, "I'm going to admit this is my first step. I will be talking to the town attorney to move forward on an ordinance about mask-wearing." She said she believes a discussion needs to begin with a resolution, and that what the town does depends on what the district attorney is going to do.

District 2 Councilor Lynda Aiman-Smith stated, "Sometimes you have to start, I think, with calling on people for civic virtue. And, this resolution really, I think, makes it clear that the civic virtue of wearing masks, washing hands, and doing social distancing is supported by the town council. I also agree that the next step would be to have a law, our own local regulation.

There was some trouble connecting with District 3 Councilor Jose Ray Jr to ascertain his vote.

Unknown voice stated, "Wonder if he is going to vote 'no.'" Other unknown voice said, "Like Cano." First unknown voice, "and Ladner will break the tie by voting 'yes.'"

Ladner using his phone then made contact with Ray.

Ray asked, through Ladner, as Ray's transmission was garbled, if the resolution let the public know how high they must wear a mask? Bettison answered that it doesn't state that but through education the public will know the mask is supposed to cover the nose and the mouth.

Ray also asked about people who have breathing problems and have trouble wearing a mask, if they have doctor's excuse would they be allowed to go maskless? Bettison answered, "I would say 'yes' because the governor has listed exceptions for people who have difficulty breathing."

Council approved the resolution by a 3-1 vote, Cano dissenting.

Ladner said he has been passing out masks to people he meets downtown asking them to please wear one to help stop the spread of the virus so the community can be re-opened. He reported that people responded positively to him and that Silver City Police Chief Freddy Portillo supplied a uniformed officer last Saturday to help pass out masks to those not wearing one. Ladner encouraged residents to do the same.

Ladner stated that "Whenever we get the backing of our district attorney, then, I am willing to support a much stronger approach."

Town Attorney Robert Scavron, at the close of the meeting, stated, "You made a proclamation encouraging people to educate themselves and to do the right thing for themselves and the community. Councilor Bettison introduced a resolution that encouraged education and for people to do the right thing for themselves and the community. One thing that was brought up is that, as you mentioned earlier, the Silver City Police Department has no powers to enforce the order of the governor or the public health department, because the district attorney said she would not honor any citations written by the town. That the town had no authority to enforce the law and that she was not going to take steps to enforce the law. So, we were stuck. As of about three days ago, it looks like she may be reversing her position."

Scavron continued, "So, the resolution and the proclamation are encouraging people to get smart and do the right thing. That does not mean that the town will not be taking enforcement actions as necessary under a governor's order, provided that the district attorney does her job. We're not suggesting a policy of no enforcement, just education. There's two policies going forward, one is that there will be enforcement when necessary. The preferred way, the designed way, is to educate and get the community to act together."