Western Wayne Today

Robert Gordon, Michigan Department of Health and Human Services (MDHHS) director, exceeded the legal limit on fines in April when he raised fines related to violations of COVID-19 restrictions to five times the limit allowed under state law.

Under Michigan Public Health Code, the fine for violating a health department order cannot exceed $200, according to coverage by Michigan Capitol Confidential. But beginning April 2, Gordon instructed agents of MDHHS to fine violators of coronavirus restrictions $1,000 per occurrence.

At the time, Gordon leaned on a claim that state law authorized him to issue emergency rules, according to Michigan Capitol Confidential. However, in doing so, he appears to have bypassed the normal review-and-comment process that permits residents to have a say in such new rules before they come into effect.

Robert Gordon, Director | MDHHS

In his emergency rules, Gordon stated that his unusual measures were necessary due to the presence of COVID-19 in the state. At the time, 337 deaths in Michigan had been attributed to the coronavirus.

However, the review-and-comment process is required by law before any administrative rules created by state agencies can become enforceable, according to Michigan Capitol Confidential. Gordon claimed in April that the law did not apply because it would take too long for him to be able to increase fines.

“Here, if the standard rule-making process were followed, monetary civil penalties would not go into effect until well after they could provide useful deterrent measures,” Gordon wrote in his April 2 emergency rules. “The resulting delay would result in less compliance with the emergency order, contribute to the spread of COVID-19 and exacerbate the current state of emergency.”

The recent invalidation of Whitmer’s executive orders by the Michigan Supreme Court is worth noting when considering Gordon’s approach to issuing emergency orders, especially after he essentially reissued Whitmer’s executive orders as health department directives.