Madison County Board of Health withdraws draft reopening resolution and forms committee to rewrite it

Madison County Board of Health members voted unanimously May 8 to withdraw a draft resolution that would have lifted a general county stay-at-home directive and allowed businesses to reopen upon submission of a reopening plan, and instead created a working committee to rewrite the measure.

Chair Kurt Prenzler introduced the draft resolution at the start of the telephonic special session, saying the document was intended to give a process for businesses and churches to re-open locally. The draft would have allowed a business to reopen after submitting a Notice of Re-opening and a plan, tasked the Madison County Health Department to evaluate plans and attempt to reach agreement, and made the State’s Attorney’s Office the entity to seek court action if a plan was disapproved.

Board members from both parties voiced support for reopening but raised procedural, legal and capacity concerns. "I don't want to see anything political about it," said Ms. Judy Kuhn, urging local nuance for southern Illinois communities. Several members, including Mr. Don Moore and Mr. McRae, said they supported reopening "as soon as possible" provided it was done responsibly and with clear timelines for Health Department review.

Some members pushed for legal action to resolve the Governor's executive orders. "I want to make a motion that we amend this resolution to ask the state attorney to file a lawsuit on behalf of the businesses," said Mr. Parkinson, who later indicated he could not vote on such a measure because of an oath in another office. State's Attorney Tom Gibbons said his office would research legal options and asked for time to prepare guidance, offering to have staff work over the weekend and target early next week for a legal opinion.

Citing the range of comments and the need for further legal review and Health Department input, Mr. Walters moved to withdraw the draft resolution and form a drafting committee. The Board approved a motion (moved by Mr. Walters, seconded by Mr. Wesley) to withdraw the resolution and create a committee composed of three Republicans, two Democrats, Chairman Prenzler and participation from the State's Attorney's Office; the motion passed on a roll call of 25 ayes, 0 nays.

The committee is expected to meet and produce revisions for the Board to consider at a reconvened session set for Tuesday, May 12 at 5:00 p.m. State's Attorney Gibbons said his office would deliver legal analysis by Tuesday–Wednesday to inform that work. Chair Prenzler said he would be flexible about committee membership and signaled willingness to include additional members who volunteer to participate.

The withdrawal and committee formation leave in place the Board's stated goal—crafting a local path toward reopening—while pausing any immediate change in county policy until legal, staffing and operational concerns are addressed.