Re-Opening Madison County DRAFT Resolution

Enclosed is the DRAFT resolution to Re-Open Madison County, Illinois. The resolution enclosed below appeared before the Madison County Board of Health Special Meeting held on May 8, 2020 and is currently under review by the Madison County State’s Attorney. The DRAFT resolution may be amended and changed by the time we vote on Tuesday.

The next special meeting will be held on Tuesday, May 12, 2020 at 5:00 p.m. The public may listen LIVE online by visiting the link here




WHEREAS, we are a Constitutional Republic in the midst of a national public health crisis which has created a necessary tension between Constitutional rights and protecting the public; and, 

WHEREAS, this nation was founded upon the ideal that government is best when it governs the least; and, 

WHEREAS, while we recognize there are certain aspects of this public health crisis that are appropriately managed at the Federal or State level, we also believe that local governments are best suited to promulgate rules and regulations that affect citizens locally; and, 

WHEREAS, we recognize our duty under Illinois State Statutes to function as the Board of Health of Madison County, taking into consideration national and state rules in regard to this public health crisis, recognizing the unique local problems presented in Madison County, and believing in the innate common sense, responsibility and reasonableness of our Madison County citizens; and,

WHEREAS, the Board of Health wishes to balance the goals of (a) public health, (b) constitutional rights, and (c) improving the local economy and helping businesses and churches “re-open” in a safe and responsible way; and, 

WHEREAS, the Madison County Board of Health recognizes the economy of Madison County has suffered a sudden and severe decline, evidenced by:

a. 15,000 citizens of Madison County filed new applications for unemployment during the months of March and April, and

b. the county received a WARN notice from US Steel indicating that 737 union and management jobs may be lost in the next 90 days, and 

c. the decline in gasoline use is impacting the Roxana refinery, which is the largest in the Midwest, employs 800 workers and as many as 1,000 contract workers, and pays more than $24 million in property taxes to various taxing districts; and,

WHEREAS, the Board of Health wishes to provide an efficient process for businesses and churches to re-open in an way consistent with the goals of public health, due process, and strictly in accordance with the laws of Illinois (20 ILCS 2305/2(c)) and the rules and regulations of the Illinois Department of Public Health (Section 690.1330 Order and Procedure for Isolation, Quarantine and Closure).

THEREFORE, BE IT RESOLVED that the County Board of Health of Madison County, Illinois, hereby promulgates the following Rules and Guidelines for conduct during this public health crisis, and the following procedures to re-open any business in Madison County is hereby adopted: 

1. If a business, church or other entity desires to re-open, it should send a Notice of Re-opening to the Board of Health by mail or email.  Such Notice should include a plan detailing how the business, church or other entity plans to re-open in a safe and responsible way, with phasing, if appropriate. For purposes of efficiency, the plan should be copied to the Madison County Health Department.

2. The business, church or other entity may re-open once it has submitted the Notice and Plan to the Board of Health.

3. The Madison County Health Department shall evaluate the plan submitted and conduct an investigation if necessary. The Health Department will determine if the plan is reasonable and does not jeopardize public health. The Health Department may suggest modifications to the plan and shall discuss any modifications with the business, church or other entity to attempt to come to an agreement with the business, church or other entity before proceeding with any court action. 

4. If the Department disapproves the Plan, and if the Department and the business, church or other entity cannot reach an agreement on a plan to re-open, then the Department shall notify the business, the Board of Health and the State’s Attorney’s office.

5. Upon notification from the Board of Health or the Health Department, the State’s Attorney’s office may file a court proceeding to close the business pursuant to law. 

6.  If the State’s Attorney’s office files such a court proceeding to close the business, church or other entity, it is required to prove by clear and convincing evidence that operating according to the Plan will endanger public health.

7. Any general Stay-at-Home directive is hereby lifted. Elderly and others at risk are advised to exercise extra caution when going out.

8. All businesses are deemed essential. Businesses are free to impose their own restrictions on entry or use of their stores or shops as they deem appropriate and the public is encouraged to observe and comply with these restrictions.

BE IT FURTHER RESOLVED that the County Board of Health of Madison County, Illinois, encourages all citizens to conduct themselves in accordance with these Guidelines, IDPH and CDC guidelines and common sense, in a socially responsible manner. As in the criminal law, we recognize that some will not act reasonably or within the spirit of these Guidelines. For anyone who does not adhere to these common-sense reasonable and responsible Guidelines and who acts recklessly, we will direct the Madison County Health Department, under the authority of the county Board of Health, to seek enforcement for individual violations of this Resolution.

Adopted this 8th Day of May, 2020.


Kurt Prenzler

Chairman, Madison County Board of Health