Empathy List Archives

GL

Guzman, Leann

Mon, Nov 2, 2020 4:13 PM

There is a lot out there on whether a private employer can require the COVID vaccination, but has anyone looked at this from the perspective of the government being the employer, and whether there are any constitutional implications? The drug test cases, if analogous here, would indicate the City can require it for safety-sensitive positions, but not others... but is this a different situation?

Leann D. Guzman
Deputy City Attorney
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
817-392-8973
Leann.Guzman@fortworthtexas.gov mailto:Leann.Guzman@fortworthtexas.gov
City of Fort Worth - Working together to build a strong community
[Fort Worth]

RECIPIENTS - PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS.

This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify Leann Guzman at the City of Fort Worth City Attorney's Office at (817) 392-7600.

There is a lot out there on whether a private employer can require the COVID vaccination, but has anyone looked at this from the perspective of the government being the employer, and whether there are any constitutional implications? The drug test cases, if analogous here, would indicate the City can require it for safety-sensitive positions, but not others... but is this a different situation? Leann D. Guzman Deputy City Attorney City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 817-392-8973 Leann.Guzman@fortworthtexas.gov<mailto:Leann.Guzman@fortworthtexas.gov> City of Fort Worth - Working together to build a strong community [Fort Worth] RECIPIENTS - PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS. This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify Leann Guzman at the City of Fort Worth City Attorney's Office at (817) 392-7600.

MH

Mike Hayes

Tue, Nov 3, 2020 2:39 PM

Isn't this what Jacobson was about - a local government requiring vaccinations and behind upheld in doing so? Is there a difference between the local government requiring it of citizens vs its employees. I haven't thought through this and don't know what we'll do here, but I'd think it reasonable to apply it to such positions and maybe even work groups that work closely together? For example, our lab of 6 employees work closely together and we'd be in serious trouble if they had an outbreak. That and provide an accommodation for health and other purposes?

Mike

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Guzman, Leann
Sent: Monday, November 2, 2020 10:14 AM
To: Disasterrelief@lists.imla.org
Subject: [Disasterrelief] Requiring Vaccinations as Government Employer

EXTERNAL EMAIL: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
There is a lot out there on whether a private employer can require the COVID vaccination, but has anyone looked at this from the perspective of the government being the employer, and whether there are any constitutional implications? The drug test cases, if analogous here, would indicate the City can require it for safety-sensitive positions, but not others... but is this a different situation?

Leann D. Guzman
Deputy City Attorney
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
817-392-8973
Leann.Guzman@fortworthtexas.gov mailto:Leann.Guzman@fortworthtexas.gov
City of Fort Worth - Working together to build a strong community
[Fort Worth]

RECIPIENTS - PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS.

This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify Leann Guzman at the City of Fort Worth City Attorney's Office at (817) 392-7600.

DISCLAIMER: This email (plus any attachments) is a public record of the City of Kerrville and is subject to public disclosure under the Texas Public Information Act. This email is also subject to the State Retention Schedule.

Isn't this what Jacobson was about - a local government requiring vaccinations and behind upheld in doing so? Is there a difference between the local government requiring it of citizens vs its employees. I haven't thought through this and don't know what we'll do here, but I'd think it reasonable to apply it to such positions and maybe even work groups that work closely together? For example, our lab of 6 employees work closely together and we'd be in serious trouble if they had an outbreak. That and provide an accommodation for health and other purposes? Mike Michael C. Hayes | City Attorney | City of Kerrville City Hall| 701 Main St. | Kerrville, Texas 78028 T: 830.258.1115 direct | 830.257.8000 mike.hayes@kerrvilletx.gov<mailto:mike.hayes@kerrvilletx.gov> | www.kerrvilletx.gov<http://www.kerrvilletx.gov/> From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Guzman, Leann Sent: Monday, November 2, 2020 10:14 AM To: Disasterrelief@lists.imla.org Subject: [Disasterrelief] Requiring Vaccinations as Government Employer EXTERNAL EMAIL: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. There is a lot out there on whether a private employer can require the COVID vaccination, but has anyone looked at this from the perspective of the government being the employer, and whether there are any constitutional implications? The drug test cases, if analogous here, would indicate the City can require it for safety-sensitive positions, but not others... but is this a different situation? Leann D. Guzman Deputy City Attorney City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 817-392-8973 Leann.Guzman@fortworthtexas.gov<mailto:Leann.Guzman@fortworthtexas.gov> City of Fort Worth - Working together to build a strong community [Fort Worth] RECIPIENTS - PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS. This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify Leann Guzman at the City of Fort Worth City Attorney's Office at (817) 392-7600. DISCLAIMER: This email (plus any attachments) is a public record of the City of Kerrville and is subject to public disclosure under the Texas Public Information Act. This email is also subject to the State Retention Schedule.

CT

Chuck Thompson

Tue, Nov 3, 2020 4:14 PM

I agree Jacobson offers the support for requiring employees to be vaccinated, but with some states pushing back on compulsory vaccination laws, there may be preemption that restricts some local governments in some states. Absent preemption, I think advising the workforce that vaccination is a prerequisite to continued employment can be sustained. There could be individuals who might have challenges, but I doubt that those challenges could invalidate the general requirement imposed on the workforce.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Mike Hayes
Sent: Tuesday, November 3, 2020 9:39 AM
To: 'Guzman, Leann' Leann.Guzman@fortworthtexas.gov; Disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Requiring Vaccinations as Government Employer

Isn't this what Jacobson was about - a local government requiring vaccinations and behind upheld in doing so? Is there a difference between the local government requiring it of citizens vs its employees. I haven't thought through this and don't know what we'll do here, but I'd think it reasonable to apply it to such positions and maybe even work groups that work closely together? For example, our lab of 6 employees work closely together and we'd be in serious trouble if they had an outbreak. That and provide an accommodation for health and other purposes?

Mike

From: Disasterrelief <disasterrelief-bounces@lists.imla.org mailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Guzman, Leann
Sent: Monday, November 2, 2020 10:14 AM
To: Disasterrelief@lists.imla.org mailto:Disasterrelief@lists.imla.org
Subject: [Disasterrelief] Requiring Vaccinations as Government Employer

EXTERNAL EMAIL: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
There is a lot out there on whether a private employer can require the COVID vaccination, but has anyone looked at this from the perspective of the government being the employer, and whether there are any constitutional implications? The drug test cases, if analogous here, would indicate the City can require it for safety-sensitive positions, but not others... but is this a different situation?

Leann D. Guzman
Deputy City Attorney
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
817-392-8973
Leann.Guzman@fortworthtexas.gov mailto:Leann.Guzman@fortworthtexas.gov
City of Fort Worth - Working together to build a strong community
[Fort Worth]

RECIPIENTS - PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS.

This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify Leann Guzman at the City of Fort Worth City Attorney's Office at (817) 392-7600.

DISCLAIMER: This email (plus any attachments) is a public record of the City of Kerrville and is subject to public disclosure under the Texas Public Information Act. This email is also subject to the State Retention Schedule.

I agree Jacobson offers the support for requiring employees to be vaccinated, but with some states pushing back on compulsory vaccination laws, there may be preemption that restricts some local governments in some states. Absent preemption, I think advising the workforce that vaccination is a prerequisite to continued employment can be sustained. There could be individuals who might have challenges, but I doubt that those challenges could invalidate the general requirement imposed on the workforce. From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Mike Hayes Sent: Tuesday, November 3, 2020 9:39 AM To: 'Guzman, Leann' <Leann.Guzman@fortworthtexas.gov>; Disasterrelief@lists.imla.org Subject: Re: [Disasterrelief] Requiring Vaccinations as Government Employer Isn't this what Jacobson was about - a local government requiring vaccinations and behind upheld in doing so? Is there a difference between the local government requiring it of citizens vs its employees. I haven't thought through this and don't know what we'll do here, but I'd think it reasonable to apply it to such positions and maybe even work groups that work closely together? For example, our lab of 6 employees work closely together and we'd be in serious trouble if they had an outbreak. That and provide an accommodation for health and other purposes? Mike Michael C. Hayes | City Attorney | City of Kerrville City Hall| 701 Main St. | Kerrville, Texas 78028 T: 830.258.1115 direct | 830.257.8000 mike.hayes@kerrvilletx.gov<mailto:mike.hayes@kerrvilletx.gov> | www.kerrvilletx.gov<http://www.kerrvilletx.gov/> From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Guzman, Leann Sent: Monday, November 2, 2020 10:14 AM To: Disasterrelief@lists.imla.org<mailto:Disasterrelief@lists.imla.org> Subject: [Disasterrelief] Requiring Vaccinations as Government Employer EXTERNAL EMAIL: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. There is a lot out there on whether a private employer can require the COVID vaccination, but has anyone looked at this from the perspective of the government being the employer, and whether there are any constitutional implications? The drug test cases, if analogous here, would indicate the City can require it for safety-sensitive positions, but not others... but is this a different situation? Leann D. Guzman Deputy City Attorney City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 817-392-8973 Leann.Guzman@fortworthtexas.gov<mailto:Leann.Guzman@fortworthtexas.gov> City of Fort Worth - Working together to build a strong community [Fort Worth] RECIPIENTS - PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS. This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify Leann Guzman at the City of Fort Worth City Attorney's Office at (817) 392-7600. DISCLAIMER: This email (plus any attachments) is a public record of the City of Kerrville and is subject to public disclosure under the Texas Public Information Act. This email is also subject to the State Retention Schedule.

disasterrelief@lists.imla.org

Requiring Vaccinations as Government Employer