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  • Board releases County Attorney Mask Resolution Opinion

    Apr 06, 2021 | Read More News
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    The Pima County Board of Supervisors today voted 5-0 to release the opinion letter from Deputy County Attorney Jonathan Pinkney about whether Gov. Doug Ducey's Executive Order 2021-06 nullified Board Resolution 2020-96 mandating the wearing of masks throughout Pima County when physical distancing can't be maintained outside of the home. 

    The main conclusion of the letter states: "It is up to the Legislature, not the Governor, to decide what authority it wants to delegate to counties. It has delegated counties broad public health authority, as well as authority over their own property. The Governor cannot, through the exercise of his executive authority, take that away. [See Rios v. Symington, 172 Ariz. 3, 12 (1992) (Governor lacks the “power to make legislative decisions” and cannot “compromise the achievement of underlying legislative purposes and goals”) (internal quotation marks and citations omitted).] Thus, per the table below, County measures based on the County’s statutory public health authority remain in effect until rescinded by the Board of Supervisors, while measures relying on authority from the Governor’s rescinded Executive Orders should be considered to have been rescinded."

    resolution table