Improving Local Government Accountability

This week, my colleagues and I voted to override the governor’s veto of Senate Enrolled Act 5, which deals with local health orders during declared emergencies, resulting in this legislation becoming law.

SEA 5 makes two important changes that give local elected officials more say over health orders.

First, it requires any local health order issued in response to a declared emergency to be approved by the local elected legislative body if the local order goes further than a statewide executive order.

Second, it allows anyone who is subject to a local health department’s enforcement action to appeal their case to the local elected legislative body if the health department’s action was taken in response to a declared emergency.

The emergency situations covered by SEA 5 do not refer to one-off situations like a restaurant inspection discovering unsanitary conditions. In those cases, health departments will still be able to take immediate action just as they always have. SEA 5 specifically addresses health orders that arise after a local government declares a community-wide emergency.

During the COVID-19 pandemic, local health officers have stepped up and made tough decisions to protect their communities, and many have done a great job. However, the reality is these health officers were appointed, not elected. I supported SEA 5 because I think it reflects a fundamental principle of American government — decisions that affect an entire community should be made by the officials elected to lead that community.