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David Quealy

Fri, Jan 8, 2021 12:31 AM

Thanks everyone for your incite. It has been very helpful.

--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.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Janet Spugnardi
Sent: Thursday, January 7, 2021 3:57 PM
To: 'Chuck Thompson' cthompson@imla.org; Moehlman, Ryan RMoehlman@jeffcitymo.org; disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Vaccine incentive program

We are also doing something very similar to what Ryan describes below, though not quite as much of a points bonanza.

Janet M. Spugnardi | Deputy City Attorney
City of Irving City Attorney's Office
P: (972) 721-2541 Direct: ext. 3656
City cell: (214) 288-2866

From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Chuck Thompson
Sent: Thursday, January 7, 2021 3:39 PM
To: Moehlman, Ryan <RMoehlman@jeffcitymo.org mailto:RMoehlman@jeffcitymo.org>; disasterrelief@lists.imla.org mailto:disasterrelief@lists.imla.org
Subject: [External] Re: [Disasterrelief] Vaccine incentive program

USE CAUTION when clicking links & opening attachments!

Ryan, this sounds like a really great program. Would you mind sharing the details of the program or a link so that folks can use your hard work in developing their own programs? Stay well. Chuck

Charles W. Thompson, Jr.
General Counsel & Executive Director
D: 202-742-1016
P: (202) 466-5424 x7110
M: (240)-876-6790
[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!

From: Disasterrelief <disasterrelief-bounces@lists.imla.org mailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Moehlman, Ryan
Sent: Thursday, January 7, 2021 4:18 PM
To: disasterrelief@lists.imla.org mailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Vaccine incentive program

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.

I am not worried about discrimination claims because there are plenty of other alternative means available for employees to accumulate points and get the discount incentives, thus providing a "reasonable accommodation".

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 Jacobse, Saskia
Sent: Thursday, January 7, 2021 2:49 PM
To: Dickgrafe, Sharon; David Quealy; disasterrelief@lists.imla.org mailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] Vaccine incentive program

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.

Thanks everyone for your incite. It has been very helpful. --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. From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Janet Spugnardi Sent: Thursday, January 7, 2021 3:57 PM To: 'Chuck Thompson' <cthompson@imla.org>; Moehlman, Ryan <RMoehlman@jeffcitymo.org>; disasterrelief@lists.imla.org Subject: Re: [Disasterrelief] Vaccine incentive program We are also doing something very similar to what Ryan describes below, though not quite as much of a points bonanza. Janet M. Spugnardi | Deputy City Attorney City of Irving City Attorney's Office P: (972) 721-2541 Direct: ext. 3656 City cell: (214) 288-2866 From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Chuck Thompson Sent: Thursday, January 7, 2021 3:39 PM To: Moehlman, Ryan <RMoehlman@jeffcitymo.org<mailto:RMoehlman@jeffcitymo.org>>; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: [External] Re: [Disasterrelief] Vaccine incentive program USE CAUTION when clicking links & opening attachments! Ryan, this sounds like a really great program. Would you mind sharing the details of the program or a link so that folks can use your hard work in developing their own programs? Stay well. Chuck Charles W. Thompson, Jr. General Counsel & Executive Director D: 202-742-1016 P: (202) 466-5424 x7110 M: (240)-876-6790 [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! From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Moehlman, Ryan Sent: Thursday, January 7, 2021 4:18 PM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: Re: [Disasterrelief] Vaccine incentive program 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. I am not worried about discrimination claims because there are plenty of other alternative means available for employees to accumulate points and get the discount incentives, thus providing a "reasonable accommodation". 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 Jacobse, Saskia Sent: Thursday, January 7, 2021 2:49 PM To: Dickgrafe, Sharon; David Quealy; disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: Re: [Disasterrelief] Vaccine incentive program 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.

KD

Knight, Donald

Mon, Jan 11, 2021 8:12 PM

https://www.historyofvaccines.org/content/blog/religion-vaccination-confusion

https://www.verywellfamily.com/religious-exemptions-to-vaccines-2633702

See above for information on vaccines and religious objections. Most "religious" objections are actually personal belief objections rather than a religious teaching.

[cid:image002.png@01D6E820.9A633A00]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

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From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Jaramillo-Velez, Elsa
Sent: Thursday, January 07, 2021 2:54 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: Re: [Disasterrelief] Vaccine incentive program

External Email!
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
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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

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.