I received an email from a local elected official yesterday that told me to “understand” that the order that quarantined people who are not infected with COVID-19 was not issued by his agency, it was issued by the state. His email told me that, in his opinion, there was not much he could do about it. Seeing this comment from someone I know to be a freedom loving elected official told me how important it is to let local elected officials know what power they really have. You have what is known as “administrative discretion.” You have the right to determine what work your employees will do, and what they won’t do, and no court or any other agency has the power to tell you how to exercise that discretion.
What does that mean? It means you can ignore the quarantine order of the Arrogant-Lazy-Authoritarian-In-Chief (ALAIC), Gavin Newsom, and there’s not a damn thing he, or anyone else, can do about it. City Managers, County Executives, City Attorneys, and County Counsel will spend a lot of time trying to explain the nature of executive authority in the time of an emergency, but the fact is, if you ignore them, and order your police officers and public health officials NOT to enforce the quarantine against uninfected people, the quarantine order will be dead letter. It will be a piece of paper with printing ink on it, but it will have no force and/or effect. And you will be keeping the promise you made when you were sworn into office, that you would uphold the Constitutional liberties of your citizens. There is no emergency in 90% of this state, and it is only the arrogance and ego of ALAIC Newsom that allows the intrusion on the Constitutional liberties of the state government to continue. You can stop it by simply saying “NO, I will order the government employees under my jurisdiction NOT to enforce the order.”
There is a decision every local official has to make when they get elected: You will either be a mouthpiece for the bureaucracy to explain to people why the government has to trample on their liberties, OR you will be an advocate for the citizens who elected you and force that bureaucracy to respect and enforce the individual liberties granted to them by God and the Constitution. The bureaucrats, who by the way were not elected by anyone, will spend lots of time telling you that you have to back the bureaucracy publicly, but, if you do, you will be violating your oath. Advocate for your constituents, order your bureaucrats to follow your orders, not those of ALAIC Newsom. The bureaucrats will follow your orders for two reasons: (1) many of them are freedom loving Americans; and (2) you hire them and determine their budget. If your employees choose not to follow your orders, you can fire them, or simply eliminate their position from your agency in the next fiscal year’s budget, which will have to be approved before June 30. Budget cuts are going to be necessary, and they know it. They will want to know they have a job in July.
So, don’t ask for permission from ALAIC Newsom for an exemption from his order. You don’t need it. Don’t praise him for exempting you while he tramples on the rights of others. You have the power yourself. Simply ignore his order, and tell people that the order will no longer be enforced in your jurisdiction. Order your police and public health officials not to cite or arrest the pastors, business owners, and other citizens who are just feeding their family, enjoying their life, or worshiping as they see fit. Tell people that is what you are doing, and they will get back to living their life, and, unless ALAIC Newsom wants to race around the state himself and arrest people, he will be required to adjust his order, and make it more realistic.
You swore, when you took your oath of office, you would protect the Constitutional liberties of the people that voted for you. Do your job. Just tell ALAIC Newsom NO. People will thank you for that, and you will learn exactly how much influence your really have. That will be good for you, good for the state, good for your constituents and good for ALAIC Newsom. It is also necessary for the health and safety of your constituents. If you continue to force them into bankruptcy, your problems are going to be much greater than they are right now.
Just do your job, stand up to the Governor.