(BREAKING NEWS) – In a special called meeting tonight, the Cumberland County Board of Education took no action to remove a mask mandate for staff and students during the COVID-19 pandemic.

School board attorney Earl Patton informed the board after it started the session there may be issues regarding the Open Meeting Act. It states adequate notice should be given to the public and local media prior to a special called meeting take place. The notice was sent and received just outside of 24 hours (24.5 hours exact) before the session. Patton added this board has the authority to issue a mask mandate despite what a county mayor can decide on the same subject. Patton cautioned the board that if the meeting violates the Open Meeting Act, a decision tonight could be void. Patton added if the mandate is lifted and if a student or staff member gets COVID-19, there could be a potential lawsuit filed against the school system.

Tony Brock then made a motion then to adjourn the meeting and received a second. It failed 5 to 3 with Hale, King, Hamby, Boston and Inman voting against stopping the session.

Discussion regarding the topic continued.

Board member Teresa Boston suggested optional wearing of masks and give the choice to the individual student, staff and teachers in the school system.

“This board has a duty to protect the students and staff,” said Patton. “If this board does away with the mask mandate, then the board is not doing all it can to protect the students and staff.”

Board member Rebecca Hamby said if a lawsuit is launched by a family of a student or staff member who catches COVID-19, the burden of proof would be on them to show they obtained it at a school facility.

“Every lawsuit I have seen regarding mask mandates has been thrown out of court,” said Patton.

“To even consider taking on a risk with a short period of time is not rational,” said board member Tony Brock. “This decision needs to be made prior to the start of the next school year.”

“This is about safety and we need to follow the advice of the local health experts and our school board attorney,” said board member Stace Karge.

Karge then made a motion to table the issue until next board meeting to gather more information regarding the subject. It did not receive a second.

“I do not see the urgency of doing this right now. This sounds like an issue of personal pride,” said board member Robbie Safdie. “It’s bullcrap.”

“This board can decide at any time to do away with the mask mandate. My advice to you is take this month by month. We do not know what’s coming in regard to this virus,” said Patton.

Board chairman Jim Inman said he received several calls regarding the issue of the masks. He spoke with three different nurses with students in the school system that told him masks were the worst thing the school board implemented. At the same time, Inman said the health officials told him the masks needs to remain in place.

“I don’t know who to believe,” said Inman.

“We get passionate about this issue on both sides. The part I am concerned with now is the governor has told the state we don’t have to wear the masks. If we keep the mandate, the kids will show up to school tomorrow saying the governor said they don’t have to wear them. We are in the middle of testing and we do not need that distraction now,” said Inman. “I was ready to do away with the mandate but after hearing this tonight, I am concerned about making that decision.”

Karge made a motion to adjourn the meeting and received a second by Tony Brock. It passed with Hamby, King and Hale voting no.

The decision the board made tonight comes a day after Tennessee Governor Bill Lee issued Executive Order 80 calling for the mask mandates to be done away with previously put into place by several county entities.

It also comes with 128 active cases of coronavirus remaining as of today in Cumberland County with just over 3 weeks of school left.