Title
Resolution to Direct the City Attorney to Explore Legal Remedies in Response to the Local Government Preemption Regarding COVID-19 Powers in Senate Bill 82
Memorandum
This resolution directs the City Attorney to explore legal options in response to the local government pre-emption regarding COVID-19 powers for local governments contemplated in Senate Bill 82, the state budget proposal that passed the legislature. The language in question is intended to prevent local governments from requiring their employees to be vaccinated as a condition of employment, requiring proof of vaccination before entering City facilities, requiring a vaccine passport, producing a vaccine database, or taking any employment action against an employee based on their vaccination status. The Governor is considering nullifying these provisions through a signing statement.
Body
Whereas, COVID-19 is a deadly, highly contagious disease;
Whereas, Vaccines against COVID-19 have been proven safe and effective;
Whereas, On September 21, 2021 the Michigan legislature passed SB 82, the FY 21-22 state budget, and sent it to the Governor for review and signature;
Whereas, Included therein is so-called "boilerplate language" that appears intended to prevent local governments from requiring their employees to be vaccinated or maintaining a database of vaccinated employees, among other things (collectively, "COVID Boilerplate Language");
Whereas, On August 26, 2021, the City announced a vaccine mandate for all employees;
Whereas, Similarly, on September 9, 2021, the Biden Administration announced a COVID-19 plan that will eventually require all employers will over 100 employees to ensure their employers are vaccinated or receive weekly testing; and
Whereas, It is critical to the health and safety of the City of Ann Arbor's employees, its customers, and the community at large that the City of Ann Arbor be able to understand employee-vaccination status and to require employee vaccinations ...
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