Cheney rescinds vaccine-or-test law

CHENEY After a recent U.S. Supreme Court ruling finding an OSHA vaccination mandate unconstitutional, the City Council on Jan. 25 rescinded their own vaccine-or-test mandate.

The council implemented its vaccine-or-test resolution, E-959, during a special meeting Jan. 10. It required all employees to get a coronavirus vaccine, be regularly tested for the virus or face disciplinary action.

But since that time, the high court found the OSHA requirement unconstitutional, and the federal agency has since withdrawn its rule and the council followed suit.

OSHA — the U.S. Department of Labor’s Occupational Safety and Health Administration —has limited federal enforcement powers over public safety involving employees in commercial businesses and non-profit agencies, but generally not over governmental employees.

The agency’s rescinded “temporary” rule required commercial businesses with 100 or more employees to get a coronavirus test, be regularly tested for the virus, or lose their jobs.

During the Tuesday, Jan. 25, council meeting, City Administrator Mark Schuller presented the council with information on the court ruling and OSHA’s planned Jan. 26 ruling.

Subsequent discussion resulted in the policy being rescinded.

However, Councilman Paul Schmidt called to keep the ordinance and to amend it to fit the court current ruling – but he also wanted the city’s existing vaccine-or-test law to be amended to provide a $50 medical premium bonus for workers choosing to get a coronavirus shot.

He also advocated for amending it to require all future employees to get a coronavirus vaccine.

Councilman Vincent Barthels, agreed, saying he’s leery about dictating a vaccine policy for future employees.

But Councilwoman Teresa Overhauseer and Councilman Dan Helton leaned toward Schmidt’s position on a medical assistance bonus for vaccinated employees.

Rather than muddying the waters, Councilman Ryan Gaard called for rescinding the resolution and writing something new.

Councilwoman Jill Weiszmann also called for rescinding the unconstitutional resolution and writing a new ordinance for a possible vaccine benefit.

Councilman Mark Posthuma said he previously met with utility employees to discuss the vaccine-or-test issue, noting he believes a vaccination policy will make it very difficult to keep many essential employees.

Posthuma pointed out many employees would be incredibly hard to replace because of their veteran status.

Ensuring their employment will keep the city running smoothly for years to come, he said.

“It’s in our benefit as a city to rescind the vaccination policy,” Posthuma said.

The council agreed to consider the proposed amendments in a future meeting.