Empathy List Archives

DQ

David Quealy

Thu, Jan 7, 2021 8:38 PM

Hi all -

Here in West Jordan, Utah we are not inclined to mandate the COVID vaccine for our employees. However, I was wondering if any entities that are not mandating the COVID vaccine are considering some type of "incentive" program to encourage employees to get vaccinated? I am concerned about the potential for discrimination claims from employees who would not be eligible to take the vaccine due to disability or sincerely held religious belief and would therefore be ineligible for the incentive due to their disability or religious beliefs. I thought I would run the issue and thinking past the collective brain trust and would appreciate your thoughts.

Thanks!
Dave

David M. Quealy
West Jordan City Attorney's Office
Senior Assistant City Attorney
8000 South Redwood Road
West Jordan, UT 84088
Telephone: (801) 569-5042
Email: david.quealy@westjordan.utah.gov mailto:david.quealy@westjordan.utah.gov
Facsimile: (801) 569-5149

CONFIDENTIALITY: This communication and any attachments thereto may contain private, privileged and/or confidential information and are for the sole use of the intended recipient. This communication may be governed by applicable statues and rules, including the Electronic Communications Privacy Act and other authority. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please immediately reply to the sender and so advise, and immediately destroy and delete the communication. Thank you.

Hi all - Here in West Jordan, Utah we are not inclined to mandate the COVID vaccine for our employees. However, I was wondering if any entities that are not mandating the COVID vaccine are considering some type of "incentive" program to encourage employees to get vaccinated? I am concerned about the potential for discrimination claims from employees who would not be eligible to take the vaccine due to disability or sincerely held religious belief and would therefore be ineligible for the incentive due to their disability or religious beliefs. I thought I would run the issue and thinking past the collective brain trust and would appreciate your thoughts. Thanks! Dave David M. Quealy West Jordan City Attorney's Office Senior Assistant City Attorney 8000 South Redwood Road West Jordan, UT 84088 Telephone: (801) 569-5042 Email: david.quealy@westjordan.utah.gov<mailto:david.quealy@westjordan.utah.gov> Facsimile: (801) 569-5149 CONFIDENTIALITY: This communication and any attachments thereto may contain private, privileged and/or confidential information and are for the sole use of the intended recipient. This communication may be governed by applicable statues and rules, including the Electronic Communications Privacy Act and other authority. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please immediately reply to the sender and so advise, and immediately destroy and delete the communication. Thank you.

JS

Jacobse, Saskia

Thu, Jan 7, 2021 8:40 PM

Saskia C.M. Jacobse

Senior Associate City Attorney

(816) 513-3121

*Email is not a secure form of communication. Please notify me immediately if you wish to use some other form of communication with me.

From: Disasterrelief disasterrelief-bounces@lists.imla.org on behalf of David Quealy david.quealy@westjordan.utah.gov
Sent: Thursday, January 7, 2021 2:38 PM
To: disasterrelief@lists.imla.org disasterrelief@lists.imla.org
Subject: [Disasterrelief] Vaccine incentive program

EXTERNAL: This email originated from outside the kcmo.org organization. Use caution and examine the sender address before replying or clicking links.

Hi all –

Here in West Jordan, Utah we are not inclined to mandate the COVID vaccine for our employees. However, I was wondering if any entities that are not mandating the COVID vaccine are considering some type of “incentive” program to encourage employees to get vaccinated? I am concerned about the potential for discrimination claims from employees who would not be eligible to take the vaccine due to disability or sincerely held religious belief and would therefore be ineligible for the incentive due to their disability or religious beliefs. I thought I would run the issue and thinking past the collective brain trust and would appreciate your thoughts.

Thanks!

Dave

David M. Quealy

West Jordan City Attorney’s Office

Senior Assistant City Attorney

8000 South Redwood Road

West Jordan, UT 84088

Telephone: (801) 569-5042

Email: david.quealy@westjordan.utah.gov mailto:david.quealy@westjordan.utah.gov

Facsimile: (801) 569-5149

CONFIDENTIALITY: This communication and any attachments thereto may contain private, privileged and/or confidential information and are for the sole use of the intended recipient. This communication may be governed by applicable statues and rules, including the Electronic Communications Privacy Act and other authority. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please immediately reply to the sender and so advise, and immediately destroy and delete the communication. Thank you.

Saskia C.M. Jacobse Senior Associate City Attorney (816) 513-3121 *Email is not a secure form of communication. Please notify me immediately if you wish to use some other form of communication with me. ________________________________ From: Disasterrelief <disasterrelief-bounces@lists.imla.org> on behalf of David Quealy <david.quealy@westjordan.utah.gov> Sent: Thursday, January 7, 2021 2:38 PM To: disasterrelief@lists.imla.org <disasterrelief@lists.imla.org> Subject: [Disasterrelief] Vaccine incentive program EXTERNAL: This email originated from outside the kcmo.org organization. Use caution and examine the sender address before replying or clicking links. Hi all – Here in West Jordan, Utah we are not inclined to mandate the COVID vaccine for our employees. However, I was wondering if any entities that are not mandating the COVID vaccine are considering some type of “incentive” program to encourage employees to get vaccinated? I am concerned about the potential for discrimination claims from employees who would not be eligible to take the vaccine due to disability or sincerely held religious belief and would therefore be ineligible for the incentive due to their disability or religious beliefs. I thought I would run the issue and thinking past the collective brain trust and would appreciate your thoughts. Thanks! Dave David M. Quealy West Jordan City Attorney’s Office Senior Assistant City Attorney 8000 South Redwood Road West Jordan, UT 84088 Telephone: (801) 569-5042 Email: david.quealy@westjordan.utah.gov<mailto:david.quealy@westjordan.utah.gov> Facsimile: (801) 569-5149 CONFIDENTIALITY: This communication and any attachments thereto may contain private, privileged and/or confidential information and are for the sole use of the intended recipient. This communication may be governed by applicable statues and rules, including the Electronic Communications Privacy Act and other authority. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please immediately reply to the sender and so advise, and immediately destroy and delete the communication. Thank you.

DS

Dickgrafe, Sharon

Thu, Jan 7, 2021 8:41 PM

I would like any responses to this question as well. It has been suggested by management at our city as well.

Thank you.

Sharon L. Dickgrafe
Chief Deputy City Attorney
sdickgrafe@wichita.gov mailto:sdickgrafe@wichita.gov
(316) 268-4475
Disclaimer: IMPORTANT/CONFIDENTIAL: This electronic mail message contains
information from the Wichita City Attorney's Office, Department of Law, City Hall
which is privileged, confidential, and exempt from disclosure under
applicable law and intended only for the use of the addressee(s) named herein.
If the reader of this message is not the intended recipient or an agent of the
intended recipient, you are hereby notified that any dissemination, distribution,
or copying of this communication is strictly prohibited. If you have received this
communication in error, please notify the City Attorney's Office (316-268-4681)
and delete the message completely from your computer system.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of David Quealy
Sent: Thursday, January 7, 2021 2:38 PM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] Vaccine incentive program

Hi all -

Here in West Jordan, Utah we are not inclined to mandate the COVID vaccine for our employees. However, I was wondering if any entities that are not mandating the COVID vaccine are considering some type of "incentive" program to encourage employees to get vaccinated? I am concerned about the potential for discrimination claims from employees who would not be eligible to take the vaccine due to disability or sincerely held religious belief and would therefore be ineligible for the incentive due to their disability or religious beliefs. I thought I would run the issue and thinking past the collective brain trust and would appreciate your thoughts.

Thanks!
Dave

David M. Quealy
West Jordan City Attorney's Office
Senior Assistant City Attorney
8000 South Redwood Road
West Jordan, UT 84088
Telephone: (801) 569-5042
Email: david.quealy@westjordan.utah.gov mailto:david.quealy@westjordan.utah.gov
Facsimile: (801) 569-5149

CONFIDENTIALITY: This communication and any attachments thereto may contain private, privileged and/or confidential information and are for the sole use of the intended recipient. This communication may be governed by applicable statues and rules, including the Electronic Communications Privacy Act and other authority. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please immediately reply to the sender and so advise, and immediately destroy and delete the communication. Thank you.

I would like any responses to this question as well. It has been suggested by management at our city as well. Thank you. Sharon L. Dickgrafe Chief Deputy City Attorney sdickgrafe@wichita.gov<mailto:sdickgrafe@wichita.gov> (316) 268-4475 Disclaimer: IMPORTANT/CONFIDENTIAL: This electronic mail message contains information from the Wichita City Attorney's Office, Department of Law, City Hall which is privileged, confidential, and exempt from disclosure under applicable law and intended only for the use of the addressee(s) named herein. If the reader of this message is not the intended recipient or an agent of the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the City Attorney's Office (316-268-4681) and delete the message completely from your computer system. From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of David Quealy Sent: Thursday, January 7, 2021 2:38 PM To: disasterrelief@lists.imla.org Subject: [Disasterrelief] Vaccine incentive program Hi all - Here in West Jordan, Utah we are not inclined to mandate the COVID vaccine for our employees. However, I was wondering if any entities that are not mandating the COVID vaccine are considering some type of "incentive" program to encourage employees to get vaccinated? I am concerned about the potential for discrimination claims from employees who would not be eligible to take the vaccine due to disability or sincerely held religious belief and would therefore be ineligible for the incentive due to their disability or religious beliefs. I thought I would run the issue and thinking past the collective brain trust and would appreciate your thoughts. Thanks! Dave David M. Quealy West Jordan City Attorney's Office Senior Assistant City Attorney 8000 South Redwood Road West Jordan, UT 84088 Telephone: (801) 569-5042 Email: david.quealy@westjordan.utah.gov<mailto:david.quealy@westjordan.utah.gov> Facsimile: (801) 569-5149 CONFIDENTIALITY: This communication and any attachments thereto may contain private, privileged and/or confidential information and are for the sole use of the intended recipient. This communication may be governed by applicable statues and rules, including the Electronic Communications Privacy Act and other authority. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please immediately reply to the sender and so advise, and immediately destroy and delete the communication. Thank you.

JS

Jacobse, Saskia

Thu, Jan 7, 2021 8:48 PM

Discrimination is definitely a concern. We are still in discussion mode here in Kansas City, but one possible "incentive" is a day or two of leave for purposes of coping with side effects from the vaccine. I don't know if that would survive a challenge, but it seems to me that couching the leave as for purposes of recovering from side effects, to be taken immediately after vaccination, would lend itself to a good argument that it's less of a "reward," than not punishing people who get the vaccine with associated side effects.

Saskia C.M. Jacobse

Senior Associate City Attorney

(816) 513-3121

*Email is not a secure form of communication. Please notify me immediately if you wish to use some other form of communication with me.

From: Disasterrelief disasterrelief-bounces@lists.imla.org on behalf of Dickgrafe, Sharon SDickgrafe@wichita.gov
Sent: Thursday, January 7, 2021 2:41 PM
To: David Quealy david.quealy@westjordan.utah.gov; disasterrelief@lists.imla.org disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Vaccine incentive program

EXTERNAL: This email originated from outside the kcmo.org organization. Use caution and examine the sender address before replying or clicking links.

I would like any responses to this question as well. It has been suggested by management at our city as well.

Thank you.

Sharon L. Dickgrafe

Chief Deputy City Attorney

sdickgrafe@wichita.gov mailto:sdickgrafe@wichita.gov

(316) 268-4475

Disclaimer: IMPORTANT/CONFIDENTIAL: This electronic mail message contains

information from the Wichita City Attorney’s Office, Department of Law, City Hall

which is privileged, confidential, and exempt from disclosure under

applicable law and intended only for the use of the addressee(s) named herein.

If the reader of this message is not the intended recipient or an agent of the

intended recipient, you are hereby notified that any dissemination, distribution,

or copying of this communication is strictly prohibited. If you have received this

communication in error, please notify the City Attorney’s Office (316-268-4681)

and delete the message completely from your computer system.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of David Quealy
Sent: Thursday, January 7, 2021 2:38 PM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] Vaccine incentive program

Hi all –

Here in West Jordan, Utah we are not inclined to mandate the COVID vaccine for our employees. However, I was wondering if any entities that are not mandating the COVID vaccine are considering some type of “incentive” program to encourage employees to get vaccinated? I am concerned about the potential for discrimination claims from employees who would not be eligible to take the vaccine due to disability or sincerely held religious belief and would therefore be ineligible for the incentive due to their disability or religious beliefs. I thought I would run the issue and thinking past the collective brain trust and would appreciate your thoughts.

Thanks!

Dave

David M. Quealy

West Jordan City Attorney’s Office

Senior Assistant City Attorney

8000 South Redwood Road

West Jordan, UT 84088

Telephone: (801) 569-5042

Email: david.quealy@westjordan.utah.gov mailto:david.quealy@westjordan.utah.gov

Facsimile: (801) 569-5149

CONFIDENTIALITY: This communication and any attachments thereto may contain private, privileged and/or confidential information and are for the sole use of the intended recipient. This communication may be governed by applicable statues and rules, including the Electronic Communications Privacy Act and other authority. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please immediately reply to the sender and so advise, and immediately destroy and delete the communication. Thank you.

Discrimination is definitely a concern. We are still in discussion mode here in Kansas City, but one possible "incentive" is a day or two of leave for purposes of coping with side effects from the vaccine. I don't know if that would survive a challenge, but it seems to me that couching the leave as for purposes of recovering from side effects, to be taken immediately after vaccination, would lend itself to a good argument that it's less of a "reward," than not punishing people who get the vaccine with associated side effects. Saskia C.M. Jacobse Senior Associate City Attorney (816) 513-3121 *Email is not a secure form of communication. Please notify me immediately if you wish to use some other form of communication with me. ________________________________ From: Disasterrelief <disasterrelief-bounces@lists.imla.org> on behalf of Dickgrafe, Sharon <SDickgrafe@wichita.gov> Sent: Thursday, January 7, 2021 2:41 PM To: David Quealy <david.quealy@westjordan.utah.gov>; disasterrelief@lists.imla.org <disasterrelief@lists.imla.org> Subject: Re: [Disasterrelief] Vaccine incentive program EXTERNAL: This email originated from outside the kcmo.org organization. Use caution and examine the sender address before replying or clicking links. I would like any responses to this question as well. It has been suggested by management at our city as well. Thank you. Sharon L. Dickgrafe Chief Deputy City Attorney sdickgrafe@wichita.gov<mailto:sdickgrafe@wichita.gov> (316) 268-4475 Disclaimer: IMPORTANT/CONFIDENTIAL: This electronic mail message contains information from the Wichita City Attorney’s Office, Department of Law, City Hall which is privileged, confidential, and exempt from disclosure under applicable law and intended only for the use of the addressee(s) named herein. If the reader of this message is not the intended recipient or an agent of the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the City Attorney’s Office (316-268-4681) and delete the message completely from your computer system. From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of David Quealy Sent: Thursday, January 7, 2021 2:38 PM To: disasterrelief@lists.imla.org Subject: [Disasterrelief] Vaccine incentive program Hi all – Here in West Jordan, Utah we are not inclined to mandate the COVID vaccine for our employees. However, I was wondering if any entities that are not mandating the COVID vaccine are considering some type of “incentive” program to encourage employees to get vaccinated? I am concerned about the potential for discrimination claims from employees who would not be eligible to take the vaccine due to disability or sincerely held religious belief and would therefore be ineligible for the incentive due to their disability or religious beliefs. I thought I would run the issue and thinking past the collective brain trust and would appreciate your thoughts. Thanks! Dave David M. Quealy West Jordan City Attorney’s Office Senior Assistant City Attorney 8000 South Redwood Road West Jordan, UT 84088 Telephone: (801) 569-5042 Email: david.quealy@westjordan.utah.gov<mailto:david.quealy@westjordan.utah.gov> Facsimile: (801) 569-5149 CONFIDENTIALITY: This communication and any attachments thereto may contain private, privileged and/or confidential information and are for the sole use of the intended recipient. This communication may be governed by applicable statues and rules, including the Electronic Communications Privacy Act and other authority. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please immediately reply to the sender and so advise, and immediately destroy and delete the communication. Thank you.

JE

Jaramillo-Velez, Elsa

Thu, Jan 7, 2021 8:53 PM

Truly concerning for local governments to administer the vaccines/mandate the vaccines themselves - too much liability - workers comp, liability to side effects or some extreme cases death - endless possibilities.

Sincerely,
Elsa I. Jaramillo-Velez
Elsa I. Jaramillo-Velez
Assistant City Attorney
City of Hialeah Law Department
501 Palm Avenue, 4th Floor
Hialeah, Florida 33010
Main Line - 305-883-5930
Direct Line - 305-520-4639
EJV13196@hialeahfl.gov mailto:EJV13196@hialeahfl.gov
[City of Hialeah, Florida]http://www.hialeahfl.gov/
Public Records: This e-mail is from the City of Hialeah - City Attorney's Office and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this email in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. The State of Florida has a broad public records law. Most written communications to or from State and Local Officials regarding State or Local businesses are public record available to the public upon request.
Confidentiality: The information contained in this transmission may be privileged and confidential, 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 hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this message in error, please notify me immediately and delete this message.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Jacobse, Saskia
Sent: Thursday, January 7, 2021 3:49 PM
To: Dickgrafe, Sharon SDickgrafe@wichita.gov; David Quealy david.quealy@westjordan.utah.gov; disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Vaccine incentive program

WARNING: This email originated outside of the City of Hialeah. Do not click on any links or attachments unless you recognize the sender and know the content is safe.

Discrimination is definitely a concern. We are still in discussion mode here in Kansas City, but one possible "incentive" is a day or two of leave for purposes of coping with side effects from the vaccine. I don't know if that would survive a challenge, but it seems to me that couching the leave as for purposes of recovering from side effects, to be taken immediately after vaccination, would lend itself to a good argument that it's less of a "reward," than not punishing people who get the vaccine with associated side effects.

Saskia C.M. Jacobse

Senior Associate City Attorney

(816) 513-3121

*Email is not a secure form of communication. Please notify me immediately if you wish to use some other form of communication with me.

From: Disasterrelief <disasterrelief-bounces@lists.imla.org mailto:disasterrelief-bounces@lists.imla.org> on behalf of Dickgrafe, Sharon <SDickgrafe@wichita.gov mailto:SDickgrafe@wichita.gov>
Sent: Thursday, January 7, 2021 2:41 PM
To: David Quealy <david.quealy@westjordan.utah.gov mailto:david.quealy@westjordan.utah.gov>; disasterrelief@lists.imla.org mailto:disasterrelief@lists.imla.org <disasterrelief@lists.imla.org mailto:disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] Vaccine incentive program

EXTERNAL: This email originated from outside the kcmo.org organization. Use caution and examine the sender address before replying or clicking links.

I would like any responses to this question as well. It has been suggested by management at our city as well.

Thank you.

Sharon L. Dickgrafe

Chief Deputy City Attorney

sdickgrafe@wichita.gov mailto:sdickgrafe@wichita.gov

(316) 268-4475

Disclaimer: IMPORTANT/CONFIDENTIAL: This electronic mail message contains

information from the Wichita City Attorney's Office, Department of Law, City Hall

which is privileged, confidential, and exempt from disclosure under

applicable law and intended only for the use of the addressee(s) named herein.

If the reader of this message is not the intended recipient or an agent of the

intended recipient, you are hereby notified that any dissemination, distribution,

or copying of this communication is strictly prohibited. If you have received this

communication in error, please notify the City Attorney's Office (316-268-4681)

and delete the message completely from your computer system.

From: Disasterrelief <disasterrelief-bounces@lists.imla.org mailto:disasterrelief-bounces@lists.imla.org> On Behalf Of David Quealy
Sent: Thursday, January 7, 2021 2:38 PM
To: disasterrelief@lists.imla.org mailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] Vaccine incentive program

Hi all -

Here in West Jordan, Utah we are not inclined to mandate the COVID vaccine for our employees. However, I was wondering if any entities that are not mandating the COVID vaccine are considering some type of "incentive" program to encourage employees to get vaccinated? I am concerned about the potential for discrimination claims from employees who would not be eligible to take the vaccine due to disability or sincerely held religious belief and would therefore be ineligible for the incentive due to their disability or religious beliefs. I thought I would run the issue and thinking past the collective brain trust and would appreciate your thoughts.

Thanks!

Dave

David M. Quealy

West Jordan City Attorney's Office

Senior Assistant City Attorney

8000 South Redwood Road

West Jordan, UT 84088

Telephone: (801) 569-5042

Email: david.quealy@westjordan.utah.gov mailto:david.quealy@westjordan.utah.gov

Facsimile: (801) 569-5149

CONFIDENTIALITY: This communication and any attachments thereto may contain private, privileged and/or confidential information and are for the sole use of the intended recipient. This communication may be governed by applicable statues and rules, including the Electronic Communications Privacy Act and other authority. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please immediately reply to the sender and so advise, and immediately destroy and delete the communication. Thank you.

Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

Truly concerning for local governments to administer the vaccines/mandate the vaccines themselves - too much liability - workers comp, liability to side effects or some extreme cases death - endless possibilities. Sincerely, Elsa I. Jaramillo-Velez Elsa I. Jaramillo-Velez Assistant City Attorney City of Hialeah Law Department 501 Palm Avenue, 4th Floor Hialeah, Florida 33010 Main Line - 305-883-5930 Direct Line - 305-520-4639 EJV13196@hialeahfl.gov<mailto:EJV13196@hialeahfl.gov> [City of Hialeah, Florida]<http://www.hialeahfl.gov/> Public Records: This e-mail is from the City of Hialeah - City Attorney's Office and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this email in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. The State of Florida has a broad public records law. Most written communications to or from State and Local Officials regarding State or Local businesses are public record available to the public upon request. Confidentiality: The information contained in this transmission may be privileged and confidential, 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 hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this message in error, please notify me immediately and delete this message. From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Jacobse, Saskia Sent: Thursday, January 7, 2021 3:49 PM To: Dickgrafe, Sharon <SDickgrafe@wichita.gov>; David Quealy <david.quealy@westjordan.utah.gov>; disasterrelief@lists.imla.org Subject: Re: [Disasterrelief] Vaccine incentive program WARNING: This email originated outside of the City of Hialeah. Do not click on any links or attachments unless you recognize the sender and know the content is safe. ------------------------------------------------------------------------------------------------------------------------------------------------ Discrimination is definitely a concern. We are still in discussion mode here in Kansas City, but one possible "incentive" is a day or two of leave for purposes of coping with side effects from the vaccine. I don't know if that would survive a challenge, but it seems to me that couching the leave as for purposes of recovering from side effects, to be taken immediately after vaccination, would lend itself to a good argument that it's less of a "reward," than not punishing people who get the vaccine with associated side effects. Saskia C.M. Jacobse Senior Associate City Attorney (816) 513-3121 *Email is not a secure form of communication. Please notify me immediately if you wish to use some other form of communication with me. ________________________________ From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> on behalf of Dickgrafe, Sharon <SDickgrafe@wichita.gov<mailto:SDickgrafe@wichita.gov>> Sent: Thursday, January 7, 2021 2:41 PM To: David Quealy <david.quealy@westjordan.utah.gov<mailto:david.quealy@westjordan.utah.gov>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> <disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org>> Subject: Re: [Disasterrelief] Vaccine incentive program EXTERNAL: This email originated from outside the kcmo.org organization. Use caution and examine the sender address before replying or clicking links. I would like any responses to this question as well. It has been suggested by management at our city as well. Thank you. Sharon L. Dickgrafe Chief Deputy City Attorney sdickgrafe@wichita.gov<mailto:sdickgrafe@wichita.gov> (316) 268-4475 Disclaimer: IMPORTANT/CONFIDENTIAL: This electronic mail message contains information from the Wichita City Attorney's Office, Department of Law, City Hall which is privileged, confidential, and exempt from disclosure under applicable law and intended only for the use of the addressee(s) named herein. If the reader of this message is not the intended recipient or an agent of the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the City Attorney's Office (316-268-4681) and delete the message completely from your computer system. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of David Quealy Sent: Thursday, January 7, 2021 2:38 PM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: [Disasterrelief] Vaccine incentive program Hi all - Here in West Jordan, Utah we are not inclined to mandate the COVID vaccine for our employees. However, I was wondering if any entities that are not mandating the COVID vaccine are considering some type of "incentive" program to encourage employees to get vaccinated? I am concerned about the potential for discrimination claims from employees who would not be eligible to take the vaccine due to disability or sincerely held religious belief and would therefore be ineligible for the incentive due to their disability or religious beliefs. I thought I would run the issue and thinking past the collective brain trust and would appreciate your thoughts. Thanks! Dave David M. Quealy West Jordan City Attorney's Office Senior Assistant City Attorney 8000 South Redwood Road West Jordan, UT 84088 Telephone: (801) 569-5042 Email: david.quealy@westjordan.utah.gov<mailto:david.quealy@westjordan.utah.gov> Facsimile: (801) 569-5149 CONFIDENTIALITY: This communication and any attachments thereto may contain private, privileged and/or confidential information and are for the sole use of the intended recipient. This communication may be governed by applicable statues and rules, including the Electronic Communications Privacy Act and other authority. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please immediately reply to the sender and so advise, and immediately destroy and delete the communication. Thank you. ________________________________ ________________________________ Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

JS

Jacquilyn Saito

Thu, Jan 7, 2021 9:08 PM

Washington County, OR is offering the following incentives to employees to maximize participation:

Employees can use up to two hours of paid work time to receive each vaccination;
Employees can earn 300 "Wellness Points" toward the annual 1,200 points needed to reach the Wellness Incentive Program goal (which provides a 5% lower employee premium co-payment on medical, dental and vision plans for the upcoming plan year); and
If needed, employees can utilize one day of COVID-19 Leave (rather than personal sick time) for severe reactions that might occur as a result of their vaccination, keeping in mind that such reactions have proven to be rare for all the vaccines approved for use in the United States.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Jaramillo-Velez, Elsa
Sent: Thursday, January 7, 2021 12:54 PM
To: Jacobse, Saskia Saskia.Jacobse@kcmo.org; Dickgrafe, Sharon SDickgrafe@wichita.gov; David Quealy david.quealy@westjordan.utah.gov; disasterrelief@lists.imla.org
Subject: [EXTERNAL] Re: [Disasterrelief] Vaccine incentive program

Truly concerning for local governments to administer the vaccines/mandate the vaccines themselves - too much liability - workers comp, liability to side effects or some extreme cases death - endless possibilities.

Sincerely,
Elsa I. Jaramillo-Velez
Elsa I. Jaramillo-Velez
Assistant City Attorney
City of Hialeah Law Department
501 Palm Avenue, 4th Floor
Hialeah, Florida 33010
Main Line - 305-883-5930
Direct Line - 305-520-4639
EJV13196@hialeahfl.gov mailto:EJV13196@hialeahfl.gov
[City of Hialeah, Florida]http://www.hialeahfl.gov/
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From: Disasterrelief <disasterrelief-bounces@lists.imla.org mailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Jacobse, Saskia
Sent: Thursday, January 7, 2021 3:49 PM
To: Dickgrafe, Sharon <SDickgrafe@wichita.gov mailto:SDickgrafe@wichita.gov>; David Quealy <david.quealy@westjordan.utah.gov mailto:david.quealy@westjordan.utah.gov>; disasterrelief@lists.imla.org mailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Vaccine incentive program