Empathy List Archives

AK

Amanda Karras

Thu, Dec 3, 2020 7:49 PM

Dear IMLA COVID-19 Working Group:

How are you all handling the issue of vaccines for first responders and other government employees? Some members are asking about mandatory vaccination requirements, perhaps for first responders or other employees who regularly come in contact with the public and perhaps for other public employees. Are any of you considering mandatory vaccinations as a condition of employment (absent some other accommodation for protected rights)? Do you see this as a Fourth Amendment issue that would prevent a mandatory vaccination requirement as a condition of employment if given sufficient advance notice?

Another option someone was wondering is whether any local governments are considering incentivizing (rather than mandating) employees like first responders to get vaccinated. For example, one proposal is to develop a policy that any first responders that is vaccinated but contracts the virus will receive additional paid time off to recover from the virus. Those who do not take it and contract the virus would have to use their own leave time.

We can discuss this on our next call, but I was hoping to hear from some of you who are considering these issues either on the list or you can feel free to email me directly at akarras@imla.org mailto:akarras@imla.org.

Thanks!

Amanda

Amanda Kellar Karras
Deputy General Counsel /
Director of Legal Advocacy
P: (202) 466-5424 x7116
M: (857) 753-3311
[facebook icon]https://www.facebook.com/InternationalMunicipalLawyersAssociation/[twitter icon]https://twitter.com/imlalegal[linkedin icon]https://www.linkedin.com/company/international-municipal-lawyers-association-inc./

[logo]https://imla.org/
51 Monroe St. Suite 404
Rockville, MD, 20850
www.imla.org http://www.imla.org/
Plan Ahead!
IMLA's 2021 Mid-Year Seminarhttps://imla.org/seminars/, April 23-26, 2021 in Washington, DC!
IMLA's 86th Annual Conferencehttps://imla.org/annual-conference/, Sept. 29-Oct. 3, 2021 in Minneapolis, MN!

Dear IMLA COVID-19 Working Group: How are you all handling the issue of vaccines for first responders and other government employees? Some members are asking about mandatory vaccination requirements, perhaps for first responders or other employees who regularly come in contact with the public and perhaps for other public employees. Are any of you considering mandatory vaccinations as a condition of employment (absent some other accommodation for protected rights)? Do you see this as a Fourth Amendment issue that would prevent a mandatory vaccination requirement as a condition of employment if given sufficient advance notice? Another option someone was wondering is whether any local governments are considering incentivizing (rather than mandating) employees like first responders to get vaccinated. For example, one proposal is to develop a policy that any first responders that is vaccinated but contracts the virus will receive additional paid time off to recover from the virus. Those who do not take it and contract the virus would have to use their own leave time. We can discuss this on our next call, but I was hoping to hear from some of you who are considering these issues either on the list or you can feel free to email me directly at akarras@imla.org<mailto:akarras@imla.org>. Thanks! Amanda Amanda Kellar Karras Deputy General Counsel / Director of Legal Advocacy P: (202) 466-5424 x7116 M: (857) 753-3311 [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 2021 Mid-Year Seminar<https://imla.org/seminars/>, April 23-26, 2021 in Washington, DC! IMLA's 86th Annual Conference<https://imla.org/annual-conference/>, Sept. 29-Oct. 3, 2021 in Minneapolis, MN!

MR

Moehlman, Ryan

Thu, Dec 3, 2020 8:15 PM

We are looking at incentives. We have a wellness program in which employees accumulate "wellness points" for things like step-tracking, gym visits, preventative care visits, etc. Obtaining the requisite amount of points in each quarter entitles employees to significant discounts in our health insurance premiums and reaching secondary and tertiary levels of point can earn vacation hours. These incentives can have an economic value of several hundred dollars.

In Q3, we treated getting flu shot as a "points bonanza" in which employees can receive over ½ of the required points just get getting a flu shot. We are planning on doing the same thing for the COVID vaccine.

Ryan A. Moehlman, City Attorney
City of Jefferson, Missouri
(573) 634-6314
RMoehlman@jeffcitymo.org mailto:ryan.moehlman@como.gov

From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Amanda Karras
Sent: Thursday, December 3, 2020 1:50 PM
To: Disasterrelief@lists.imla.org
Subject: [Disasterrelief] Mandating / Incentivizing Vaccines for Public Employers

Dear IMLA COVID-19 Working Group:

How are you all handling the issue of vaccines for first responders and other government employees? Some members are asking about mandatory vaccination requirements, perhaps for first responders or other employees who regularly come in contact with the public and perhaps for other public employees. Are any of you considering mandatory vaccinations as a condition of employment (absent some other accommodation for protected rights)? Do you see this as a Fourth Amendment issue that would prevent a mandatory vaccination requirement as a condition of employment if given sufficient advance notice?

Another option someone was wondering is whether any local governments are considering incentivizing (rather than mandating) employees like first responders to get vaccinated. For example, one proposal is to develop a policy that any first responders that is vaccinated but contracts the virus will receive additional paid time off to recover from the virus. Those who do not take it and contract the virus would have to use their own leave time.

We can discuss this on our next call, but I was hoping to hear from some of you who are considering these issues either on the list or you can feel free to email me directly at akarras@imla.org mailto:akarras@imla.org.

Thanks!

Amanda

Amanda Kellar Karras
Deputy General Counsel /
Director of Legal Advocacy

P: (202) 466-5424 x7116
M: (857) 753-3311

[facebook icon]https://www.facebook.com/InternationalMunicipalLawyersAssociation/[twitter icon]https://twitter.com/imlalegal[linkedin icon]https://www.linkedin.com/company/international-municipal-lawyers-association-inc./

[logo]https://imla.org/

51 Monroe St. Suite 404
Rockville, MD, 20850

www.imla.org http://www.imla.org/

Plan Ahead!

IMLA's 2021 Mid-Year Seminarhttps://imla.org/seminars/, April 23-26, 2021 in Washington, DC!
IMLA's 86th Annual Conferencehttps://imla.org/annual-conference/, Sept. 29-Oct. 3, 2021 in Minneapolis, MN!

We are looking at incentives. We have a wellness program in which employees accumulate "wellness points" for things like step-tracking, gym visits, preventative care visits, etc. Obtaining the requisite amount of points in each quarter entitles employees to significant discounts in our health insurance premiums and reaching secondary and tertiary levels of point can earn vacation hours. These incentives can have an economic value of several hundred dollars. In Q3, we treated getting flu shot as a "points bonanza" in which employees can receive over ½ of the required points just get getting a flu shot. We are planning on doing the same thing for the COVID vaccine. Ryan A. Moehlman, City Attorney City of Jefferson, Missouri (573) 634-6314 RMoehlman@jeffcitymo.org<mailto:ryan.moehlman@como.gov> From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Amanda Karras Sent: Thursday, December 3, 2020 1:50 PM To: Disasterrelief@lists.imla.org Subject: [Disasterrelief] Mandating / Incentivizing Vaccines for Public Employers Dear IMLA COVID-19 Working Group: How are you all handling the issue of vaccines for first responders and other government employees? Some members are asking about mandatory vaccination requirements, perhaps for first responders or other employees who regularly come in contact with the public and perhaps for other public employees. Are any of you considering mandatory vaccinations as a condition of employment (absent some other accommodation for protected rights)? Do you see this as a Fourth Amendment issue that would prevent a mandatory vaccination requirement as a condition of employment if given sufficient advance notice? Another option someone was wondering is whether any local governments are considering incentivizing (rather than mandating) employees like first responders to get vaccinated. For example, one proposal is to develop a policy that any first responders that is vaccinated but contracts the virus will receive additional paid time off to recover from the virus. Those who do not take it and contract the virus would have to use their own leave time. We can discuss this on our next call, but I was hoping to hear from some of you who are considering these issues either on the list or you can feel free to email me directly at akarras@imla.org<mailto:akarras@imla.org>. Thanks! Amanda Amanda Kellar Karras Deputy General Counsel / Director of Legal Advocacy P: (202) 466-5424 x7116 M: (857) 753-3311 [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 2021 Mid-Year Seminar<https://imla.org/seminars/>, April 23-26, 2021 in Washington, DC! IMLA's 86th Annual Conference<https://imla.org/annual-conference/>, Sept. 29-Oct. 3, 2021 in Minneapolis, MN!

KD

Knight, Donald

Fri, Dec 4, 2020 12:17 AM

https://blog.petrieflom.law.harvard.edu/2020/11/30/covid-vaccine-eua-mandate-business/
This is a discussion of the legal issues when a vaccine is authorized under an EUA. It concludes it is likely that vaccination can not be mandatory, but then discusses arguments against that position.
The FDA believes the answer is no, you can not mandate vaccination when approved under an EUA, so that should count for something given that is the agency that issues the EUA.

[cid:image004.png@01D6C9A0.810AFE60]http://www.dallascitynews.net/

Don Knight
Senior Assistant City Attorney
City of Dallas
Dallas City Attorney's Office
Government Services Section
General Counsel Division
1500 Marilla St., 7DN
Dallas, TX 75201
O: 214-670-3224
don.knight@dallascityhall.com mailto:don.knight@dallascityhall.com

DO NOT FORWARD WITHOUT SPECIFIC PERMISSION TO DO SO
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From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Amanda Karras
Sent: Thursday, December 03, 2020 1:50 PM
To: Disasterrelief@lists.imla.org
Subject: [Disasterrelief] Mandating / Incentivizing Vaccines for Public Employers

External Email!
Dear IMLA COVID-19 Working Group:

How are you all handling the issue of vaccines for first responders and other government employees? Some members are asking about mandatory vaccination requirements, perhaps for first responders or other employees who regularly come in contact with the public and perhaps for other public employees. Are any of you considering mandatory vaccinations as a condition of employment (absent some other accommodation for protected rights)? Do you see this as a Fourth Amendment issue that would prevent a mandatory vaccination requirement as a condition of employment if given sufficient advance notice?

Another option someone was wondering is whether any local governments are considering incentivizing (rather than mandating) employees like first responders to get vaccinated. For example, one proposal is to develop a policy that any first responders that is vaccinated but contracts the virus will receive additional paid time off to recover from the virus. Those who do not take it and contract the virus would have to use their own leave time.

We can discuss this on our next call, but I was hoping to hear from some of you who are considering these issues either on the list or you can feel free to email me directly at akarras@imla.org mailto:akarras@imla.org.

Thanks!

Amanda

Amanda Kellar Karras
Deputy General Counsel /
Director of Legal Advocacy
P: (202) 466-5424 x7116
M: (857) 753-3311
[facebook icon]https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.facebook.com%2FInternationalMunicipalLawyersAssociation%2F&data=04%7C01%7Cdon.knight%40dallascityhall.com%7Cccdc3ae6f0ec42e5a4ac08d897c4b56f%7C2935709ec10c4809a302852d369f8700%7C0%7C0%7C637426218399968384%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=yK0d2oldLsMNAytL%2B4hZ5SjAuK%2F5OP1B5HgPnfSlosc%3D&reserved=0[twitter icon]https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Ftwitter.com%2Fimlalegal&data=04%7C01%7Cdon.knight%40dallascityhall.com%7Cccdc3ae6f0ec42e5a4ac08d897c4b56f%7C2935709ec10c4809a302852d369f8700%7C0%7C0%7C637426218399968384%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=ewixSreg9LNUBlr9bwJTmA4TFWQYCTMMK78gLH9R2Hk%3D&reserved=0[linkedin icon]https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.linkedin.com%2Fcompany%2Finternational-municipal-lawyers-association-inc.%2F&data=04%7C01%7Cdon.knight%40dallascityhall.com%7Cccdc3ae6f0ec42e5a4ac08d897c4b56f%7C2935709ec10c4809a302852d369f8700%7C0%7C0%7C637426218399978347%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=aVAGqoPYrxrIfyCPWTGmA6p6swdd%2BqrfeqSy78YMttY%3D&reserved=0

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51 Monroe St. Suite 404
Rockville, MD, 20850
www.imla.org https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.imla.org%2F&data=04%7C01%7Cdon.knight%40dallascityhall.com%7Cccdc3ae6f0ec42e5a4ac08d897c4b56f%7C2935709ec10c4809a302852d369f8700%7C0%7C0%7C637426218399988303%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=G19SOBQh8iNhX6gv4p103W15QC4G4xS2qtitWF%2B11RM%3D&reserved=0
Plan Ahead!
IMLA's 2021 Mid-Year Seminarhttps://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fimla.org%2Fseminars%2F&data=04%7C01%7Cdon.knight%40dallascityhall.com%7Cccdc3ae6f0ec42e5a4ac08d897c4b56f%7C2935709ec10c4809a302852d369f8700%7C0%7C0%7C637426218399988303%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=FeNxod9kA8Alvn3eUdq62WMwVFmuJCI%2BHXf7xApn0xA%3D&reserved=0, April 23-26, 2021 in Washington, DC!
IMLA's 86th Annual Conferencehttps://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fimla.org%2Fannual-conference%2F&data=04%7C01%7Cdon.knight%40dallascityhall.com%7Cccdc3ae6f0ec42e5a4ac08d897c4b56f%7C2935709ec10c4809a302852d369f8700%7C0%7C0%7C637426218399998256%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=QxEbCWfeHLNXkbG%2B7USIcg9sdox8bCKNtYf%2BMR8o7ls%3D&reserved=0, Sept. 29-Oct. 3, 2021 in Minneapolis, MN!

CAUTION: This email originated from outside of the organization. Please, do not click links or open attachments unless you recognize the sender and know the content is safe.

https://blog.petrieflom.law.harvard.edu/2020/11/30/covid-vaccine-eua-mandate-business/ This is a discussion of the legal issues when a vaccine is authorized under an EUA. It concludes it is likely that vaccination can not be mandatory, but then discusses arguments against that position. The FDA believes the answer is no, you can not mandate vaccination when approved under an EUA, so that should count for something given that is the agency that issues the EUA. [cid:image004.png@01D6C9A0.810AFE60]<http://www.dallascitynews.net/> Don Knight Senior Assistant City Attorney City of Dallas Dallas City Attorney's Office Government Services Section General Counsel Division 1500 Marilla St., 7DN Dallas, TX 75201 O: 214-670-3224 don.knight@dallascityhall.com<mailto:don.knight@dallascityhall.com> DO NOT FORWARD WITHOUT SPECIFIC PERMISSION TO DO SO Please be advised that this e-mail is subject to being disclosed pursuant to a request for public information under the Texas Public Information Act. CONFIDENTIALITY NOTICE: This communication, including attachments, is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient of this communication, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, you are notified that any use, dissemination, distribution, or copying of the communication is strictly prohibited, may be unlawful, and are requested to reply to this email to notify the sender that you have received the communication in error and promptly delete this e-mail, including attachments without reading or saving them in any manner. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege. From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Amanda Karras Sent: Thursday, December 03, 2020 1:50 PM To: Disasterrelief@lists.imla.org Subject: [Disasterrelief] Mandating / Incentivizing Vaccines for Public Employers External Email! Dear IMLA COVID-19 Working Group: How are you all handling the issue of vaccines for first responders and other government employees? Some members are asking about mandatory vaccination requirements, perhaps for first responders or other employees who regularly come in contact with the public and perhaps for other public employees. Are any of you considering mandatory vaccinations as a condition of employment (absent some other accommodation for protected rights)? Do you see this as a Fourth Amendment issue that would prevent a mandatory vaccination requirement as a condition of employment if given sufficient advance notice? Another option someone was wondering is whether any local governments are considering incentivizing (rather than mandating) employees like first responders to get vaccinated. For example, one proposal is to develop a policy that any first responders that is vaccinated but contracts the virus will receive additional paid time off to recover from the virus. Those who do not take it and contract the virus would have to use their own leave time. We can discuss this on our next call, but I was hoping to hear from some of you who are considering these issues either on the list or you can feel free to email me directly at akarras@imla.org<mailto:akarras@imla.org>. Thanks! Amanda Amanda Kellar Karras Deputy General Counsel / Director of Legal Advocacy P: (202) 466-5424 x7116 M: (857) 753-3311 [facebook icon]<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.facebook.com%2FInternationalMunicipalLawyersAssociation%2F&data=04%7C01%7Cdon.knight%40dallascityhall.com%7Cccdc3ae6f0ec42e5a4ac08d897c4b56f%7C2935709ec10c4809a302852d369f8700%7C0%7C0%7C637426218399968384%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=yK0d2oldLsMNAytL%2B4hZ5SjAuK%2F5OP1B5HgPnfSlosc%3D&reserved=0>[twitter icon]<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Ftwitter.com%2Fimlalegal&data=04%7C01%7Cdon.knight%40dallascityhall.com%7Cccdc3ae6f0ec42e5a4ac08d897c4b56f%7C2935709ec10c4809a302852d369f8700%7C0%7C0%7C637426218399968384%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=ewixSreg9LNUBlr9bwJTmA4TFWQYCTMMK78gLH9R2Hk%3D&reserved=0>[linkedin icon]<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.linkedin.com%2Fcompany%2Finternational-municipal-lawyers-association-inc.%2F&data=04%7C01%7Cdon.knight%40dallascityhall.com%7Cccdc3ae6f0ec42e5a4ac08d897c4b56f%7C2935709ec10c4809a302852d369f8700%7C0%7C0%7C637426218399978347%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=aVAGqoPYrxrIfyCPWTGmA6p6swdd%2BqrfeqSy78YMttY%3D&reserved=0> [logo]<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fimla.org%2F&data=04%7C01%7Cdon.knight%40dallascityhall.com%7Cccdc3ae6f0ec42e5a4ac08d897c4b56f%7C2935709ec10c4809a302852d369f8700%7C0%7C0%7C637426218399978347%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=73hHMpTJVOnMCqM%2Bt61lgtsW%2FgCkibsfSyUGi9s5CR8%3D&reserved=0> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.imla.org%2F&data=04%7C01%7Cdon.knight%40dallascityhall.com%7Cccdc3ae6f0ec42e5a4ac08d897c4b56f%7C2935709ec10c4809a302852d369f8700%7C0%7C0%7C637426218399988303%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=G19SOBQh8iNhX6gv4p103W15QC4G4xS2qtitWF%2B11RM%3D&reserved=0> Plan Ahead! IMLA's 2021 Mid-Year Seminar<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fimla.org%2Fseminars%2F&data=04%7C01%7Cdon.knight%40dallascityhall.com%7Cccdc3ae6f0ec42e5a4ac08d897c4b56f%7C2935709ec10c4809a302852d369f8700%7C0%7C0%7C637426218399988303%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=FeNxod9kA8Alvn3eUdq62WMwVFmuJCI%2BHXf7xApn0xA%3D&reserved=0>, April 23-26, 2021 in Washington, DC! IMLA's 86th Annual Conference<https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fimla.org%2Fannual-conference%2F&data=04%7C01%7Cdon.knight%40dallascityhall.com%7Cccdc3ae6f0ec42e5a4ac08d897c4b56f%7C2935709ec10c4809a302852d369f8700%7C0%7C0%7C637426218399998256%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=QxEbCWfeHLNXkbG%2B7USIcg9sdox8bCKNtYf%2BMR8o7ls%3D&reserved=0>, Sept. 29-Oct. 3, 2021 in Minneapolis, MN! CAUTION: This email originated from outside of the organization. Please, do not click links or open attachments unless you recognize the sender and know the content is safe.

MH

Mulloy, Heather

Tue, Dec 8, 2020 10:58 PM

Hi, Amanda. I am wondering if anyone has any further input regarding the questions you asked below regarding mandatory vaccination or generally how municipalities are handling vaccination issues for public employees - particularly first responders. I am anticipating there will be many questions from employees on this issue. I wasn't able to be on the call this afternoon and am wondering if this subject was discussed.

Thank you for any input you may have!

Heather Mulloy│Assistant Corporation Counsel
City of Charleston│Legal Department
180 Lockwood Drive│Charleston, SC 29403
3545 Mary Ader Drive | Charleston, SC 29414
T: (843) 720-2439│C: (843) 494-3156 | F: 843-965-4120
mulloyh@charleston-sc.gov│ www.charleston-sc.gov http://www.charleston-sc.gov/
[Description: cid:image001.png@01D1B66D.08531C50]

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From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Amanda Karras
Sent: Thursday, December 3, 2020 2:50 PM
To: Disasterrelief@lists.imla.org
Subject: [Disasterrelief] Mandating / Incentivizing Vaccines for Public Employers

CAUTION: This email originated outside of the City of Charleston. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear IMLA COVID-19 Working Group:

How are you all handling the issue of vaccines for first responders and other government employees? Some members are asking about mandatory vaccination requirements, perhaps for first responders or other employees who regularly come in contact with the public and perhaps for other public employees. Are any of you considering mandatory vaccinations as a condition of employment (absent some other accommodation for protected rights)? Do you see this as a Fourth Amendment issue that would prevent a mandatory vaccination requirement as a condition of employment if given sufficient advance notice?

Another option someone was wondering is whether any local governments are considering incentivizing (rather than mandating) employees like first responders to get vaccinated. For example, one proposal is to develop a policy that any first responders that is vaccinated but contracts the virus will receive additional paid time off to recover from the virus. Those who do not take it and contract the virus would have to use their own leave time.

We can discuss this on our next call, but I was hoping to hear from some of you who are considering these issues either on the list or you can feel free to email me directly at akarras@imla.org mailto:akarras@imla.org.

Thanks!

Amanda

Amanda Kellar Karras
Deputy General Counsel /
Director of Legal Advocacy
P: (202) 466-5424 x7116
M: (857) 753-3311
[facebook icon]https://www.facebook.com/InternationalMunicipalLawyersAssociation/[twitter icon]https://twitter.com/imlalegal[linkedin icon]https://www.linkedin.com/company/international-municipal-lawyers-association-inc./

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Plan Ahead!
IMLA's 2021 Mid-Year Seminarhttps://imla.org/seminars/, April 23-26, 2021 in Washington, DC!
IMLA's 86th Annual Conferencehttps://imla.org/annual-conference/, Sept. 29-Oct. 3, 2021 in Minneapolis, MN!

Hi, Amanda. I am wondering if anyone has any further input regarding the questions you asked below regarding mandatory vaccination or generally how municipalities are handling vaccination issues for public employees - particularly first responders. I am anticipating there will be many questions from employees on this issue. I wasn't able to be on the call this afternoon and am wondering if this subject was discussed. Thank you for any input you may have! Heather Mulloy│Assistant Corporation Counsel City of Charleston│Legal Department 180 Lockwood Drive│Charleston, SC 29403 3545 Mary Ader Drive | Charleston, SC 29414 T: (843) 720-2439│C: (843) 494-3156 | F: 843-965-4120 mulloyh@charleston-sc.gov│ www.charleston-sc.gov<http://www.charleston-sc.gov/> [Description: cid:image001.png@01D1B66D.08531C50] ***CONFIDENTIAL COMMUNICATION*** The information contained in this message may contain legally privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution or duplication of this transmission is strictly prohibited. If you have received this communication in error, please notify us by telephone or email immediately and return the original message to us and destroy all printed and electronic copies. Nothing in this transmission is intended to be an electronic signature or to constitute an agreement of any kind under applicable law unless otherwise expressly indicated. Intentional interception or dissemination of electronic mail not belonging to you may violate federal or state law. From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Amanda Karras Sent: Thursday, December 3, 2020 2:50 PM To: Disasterrelief@lists.imla.org Subject: [Disasterrelief] Mandating / Incentivizing Vaccines for Public Employers CAUTION: This email originated outside of the City of Charleston. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear IMLA COVID-19 Working Group: How are you all handling the issue of vaccines for first responders and other government employees? Some members are asking about mandatory vaccination requirements, perhaps for first responders or other employees who regularly come in contact with the public and perhaps for other public employees. Are any of you considering mandatory vaccinations as a condition of employment (absent some other accommodation for protected rights)? Do you see this as a Fourth Amendment issue that would prevent a mandatory vaccination requirement as a condition of employment if given sufficient advance notice? Another option someone was wondering is whether any local governments are considering incentivizing (rather than mandating) employees like first responders to get vaccinated. For example, one proposal is to develop a policy that any first responders that is vaccinated but contracts the virus will receive additional paid time off to recover from the virus. Those who do not take it and contract the virus would have to use their own leave time. We can discuss this on our next call, but I was hoping to hear from some of you who are considering these issues either on the list or you can feel free to email me directly at akarras@imla.org<mailto:akarras@imla.org>. Thanks! Amanda Amanda Kellar Karras Deputy General Counsel / Director of Legal Advocacy P: (202) 466-5424 x7116 M: (857) 753-3311 [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 2021 Mid-Year Seminar<https://imla.org/seminars/>, April 23-26, 2021 in Washington, DC! IMLA's 86th Annual Conference<https://imla.org/annual-conference/>, Sept. 29-Oct. 3, 2021 in Minneapolis, MN!

disasterrelief@lists.imla.org

Mandating / Incentivizing Vaccines for Public Employers