Criticism continues to grow against a sweeping new federal mandate supported by the Biden Administration which requires private employers of 100 or more employees to develop and enforce a mandatory COVID-19 vaccination policy.
The mandate, outlined in a 490-page document, is referred to as an Emergency Temporary Standard (ETS). It establishes a Jan. 4, 2022 deadline for compliance, and requires employees of those companies to be vaccinated or be forced to wear a face covering at work while undergoing regular COVID-19 testing at the employee’s expense.
The Industrial Commission of Arizona (ICA) and the Arizona Attorney General’s Office are pushing back on the mandate which is estimated to cover more than 84 million employees, or about two-thirds of America’s private-sector workforce. OSHA estimates that about 23 million Americans will choose to undergo the vaccination to preserve their jobs.
On Thursday, the ICA issued a statement that Arizona businesses are not bound by OSHA’s mandate unless the commissioners vote to formally adopt a similar policy. Arizona is one of 22 states previously granted federal approval to operate a state plan to address issues typically under the purview of OSHA.
Then on Friday morning, Arizona was one of 11 state plaintiffs in a federal lawsuit filed in the U.S. Eighth Circuit Court of Appeals against President Joe Biden and OSHA to stop the COVID-19 ETS. The petition contends the vaccination mandate “is unconstitutional, unlawful, and unwise” and an attempt to infringe on the States’ powers expressly reserved by the Tenth Amendment.
In addition to Arizona, the attorneys general from Alaska, Arkansas, Iowa, Missouri, Montana, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming are plaintiffs.
Also on Friday, State Rep. Steve Kaiser criticized the White House’s support of the workplace vaccine mandate, calling it “an onerous and overreaching policy that will hurt businesses and the people who they employ.”
Kaiser, a Republican who represents LD15 covering north Phoenix and Cave Creek, owns Junk King, a Phoenix area franchise providing removal and hauling services.
“As a small business owner, it’s clear to me that Biden’s policy would force employees to choose between being vaccinated against their will, completing weekly COVID-19 testing (at their own expense), or losing their jobs. That’s wrong,” he said. “It’s more critical than ever that Arizona defend businesses and their employees and ensure their ability to continue making decisions for themselves – instead of liberal politicians in Washington.”
According to Kaiser, state officials are doing the right thing by trying to protect Arizonans who would be harmed by implementation of what he calls a “terrible” mandate. He supports ICA’s position that Arizona -and not OSHA- has had the exclusive responsibility for nearly 50 years for developing and enforcing any occupational safety and health standards within the state.
“Under Arizona’s long-approved state-plan procedures, the Industrial Commission has exclusive authority to decide if, when, and to what extent the State of Arizona will adopt the OSHA vaccination ETS,” the ICA statement reads. “Arizona has a 47-year track record of protecting the safety and health of Arizona’s workers and remains fully committed to this mission.”
The ETS requires employers to determine the vaccination status of each employee, obtain acceptable proof of vaccination, maintain records of each employee’s vaccination status, and maintain a roster of each employee’s vaccination status. It also requires employers to provide employees with a variety of information and literature about COVID-19 and to provide an employee “reasonable time and paid sick leave to recover from side effects experienced following each dose.”
In addition, employers are now mandated to report work-related COVID-19 fatalities to OSHA within 8 hours of learning about them, and work-related COVID-19 in-patient hospitalizations within 24 hours of the employer learning about the hospitalization.
For now, OSHA officials are less confident that smaller employers can implement a mandatory vaccination policy “without undue disruption.” But it appears those smaller businesses could be facing a similar mandate in the future.
“OSHA needs additional time to assess the capacity of smaller employers, and is seeking comment to help the agency make that determination,” it says.
Earlier this month the Arizona Supreme Court agreed with a lower court’s ruling that parts of 4 of the 11 budget bills signed into law by Gov. Doug Ducey this summer are unconstitutional on procedural grounds. The reaction from business owners and community leaders was swift, with many left wondering when and how lawmakers will address the dozens of provisions dropped from those budget bills.
Among those provisions was a prohibition on a county, city, or town from issuing COVID-19 ordinances that impact private businesses, schools, churches, or other private entities, including mask mandates. Other prohibitions would have kept K-12 schools from requiring vaccines with an emergency use authorization for in-person attendance and ensured public universities and community colleges could not mandate COVID vaccines and vaccine passports.
The Arizona Free Enterprise Club (AFEC) describes the Justices’ recent opinion as “devastating” and “a big blow to the people of Arizona.” The organization has drawn attention to the uncertainty and frustration across Arizona at a time when the pandemic impacts are still being felt in the state’s economy, and as individual freedoms are under attack.
As a result, the AFEC is leading the call for the Arizona Legislature and the Governor to immediately address the critical reforms that the Supreme Court struck down.
“They must exhaust every option possible, including special session, to protect Arizonans from more COVID mandates and the bigoted teachings of Critical Race Theory,” according to AFEC. “But make no mistake, while this ruling is devastating, it will not stop the battle over these critical issues. There’s just too much at stake. Because if the uncertainty and frustration caused by these issues are allowed to continue, it would be the most devastating news of all.”
Nearly $41 million has been pledged by Gov. Doug Ducey to provide transitional housing in an effort to reduce homelessness across Arizona, including within Native American communities and for residents with special needs.
“These funds will help families and individuals who are struggling access transitional housing options and equip them with the skills and support needed to secure permanent, reliable housing,” Ducey said Thursday in announcing the funds. “There are a wide range of organizations and programs across the state that help Arizonans succeed — and I’m grateful for all they do to support those in need.”
The Arizona Housing Coalition will be responsible for allocating $10 million of the State Fiscal Recovery Fund funds to organizations which serve those impacted by homelessness. Another $7.2 million will go to Native American Connections for the acquisition of a 58-bed transitional housing facility in the West Valley for youth experiencing homelessness.
The Arizona Coalition to End Sexual and Domestic Violence (ACESDV) will distribute $7.5 million to domestic violence service providers for safe housing options for survivors in need of support. ACESDV will also distribute $4 million to domestic violence providers specifically serving Native American Tribes.
Meanwhile, $5 million has been given to Chicanos Por La Causa to hire personnel who will assist with rental applications and housing relocation, as well as provide referrals to other community resources, while $2.5 million is being provided to Home Matters to Arizona to further the group’s efforts to expand affordable housing options and to support providers that focus on transitional, homeless and domestic abuse shelters.
Habitat for Humanity Tucson has been allocated nearly $1.9 million to create a community-based job training program and to build and repair affordable housing.
Other funding announced by the Governor includes:
$500,000 to one-n-ten to provide safe and reliable housing to LGBTQ+ youth in need of shelter.
$434,276 for Tanner Community Development Corporation to provide more housing options for veterans facing homelessness.
$362,047 for Circle the City to strengthen mental health services for those experiencing homelessness by creating a street outreach team.
$300,000 for Native Americans for Community Action to expand its services that individuals experiencing homelessness utilize.
$250,000 for Primavera Foundation to renovate and expand affordable housing units.
$250,000 for First Place Arizona to offer independent living outreach, health programming, community engagement and mental health coordination to neurodiverse Arizonans.
$250,000 for Southern Arizona Aids Foundation to support counseling and housing programs and those living with HIV/AIDS and LGBTQ+ youth facing housing insecurity.
$250,000 for Tohdenasshai Committee Against Family Abuse to hire personnel to assist with childcare at the shelter in Navajo Nation and to assist with transportation to housing appointments and other services for victims.
$55,000 for Free Arts to provide children in shelters and facilities with art supplies.
$50,000 for Streets of Joy to provide shelter and counseling services to underserved individuals with mental illnesses and inmates recently reentering society, helping them transition to an independent lifestyle.
The governor’s announcement comes on the heels of two other housing related funding opportunities also announced this month. On Nov. 1, Ducey and Arizona Department of Housing (ADOH) Director Tom Simplot announced $197 million to launch the Homeowner Assistance Fund, helping Arizona homeowners struggling financially to pay their mortgage and other home-related expenses.
Then on Nov. 2, the distribution of $15.35 million in federal funding to support programs aimed at combating homelessness throughout Arizona was announced, with emphasis on immediate, transitional options
“Transitional housing is a great steppingstone to helping more Arizonans access permanent housing solutions, and it’s important that our fellow Arizonans have access to those resources. My thanks goes to Governor Ducey for all his work to support the Arizona Department of Housing’s efforts to connect vulnerable Arizonans with safe housing.”
Thursday’s $40.7 million funding announcement is part of $90 million in federal COVID-19 relief funds available to Arizona to address affordable housing, homelessness, and other family issues such as childcare shortages and increased domestic violence made worse by the pandemic.
Nearly $75 billion in federal COVID-19 funds was allocated to the State of Arizona, its local governments, businesses, and individuals between March 2020 and October 2021. Of that, more than $4.4 billion went to improper unemployment insurance claims because anti-fraud measures were not utilized by a state agency, according to a special report issued by the Arizona Auditor General.
The questionable payments by the Arizona Department of Economic Security were from federal funds provided through the CARES Act, one of six Congressional acts and one Presidential memorandum that resulted in $74.9 billion being allocated within Arizona for response and recovery efforts stemming from the pandemic.
For purposes of the special report, the term allocated refers only to funds set aside, not necessarily spent.
The payment of fraudulent claims from the federal COVID-19 funding is not the only concern raised by the Auditor General. Another is the potential future adverse impact caused by the fact the Arizona Department of Administration was 29 days late in submitting a required audit report to a federal audit clearinghouse.
“The late report submission was primarily because State agencies experienced personnel and resource challenges throughout the year responding to the COVID-19 pandemic, including administering the COVID-19 federal program monies and navigating their new requirements,” the report noted.
Federal agencies, the report notes, could “potentially” take action against the State and its three universities due to the late reporting.
The Auditor General’s report also highlights how the overall $74.9 million is split between $43.8 billion available directly to individuals, businesses, local governments, and other non-State programs while $31.1 billion in funds is allocated to the State of Arizona and its agencies.
Of the $43.8 billion in federal COVID-19 funding available directly to individuals, businesses, and local governments, a huge hunk ($18.3 billion) was allocated for individual and family assistance. Almost 95 percent of that has already been distributed in the form of various stimulus payments to individuals.
Another $18 billion is earmarked for business aid, most of which was paid out through the Paycheck Protection Program (PPP) and Economic Injury Disaster loans. The remaining $7.5 billion that was already allocated went to things like public health, transportation, and education (for a combined $4.3 billion) and $3.2 billion to local governments for varied purposes, including COVID-19 mitigation efforts.
The Auditor General’s report also took a close look at $6.3 billion spent or distributed from the State’s allocation between March 1, 2020 and June 30, 2020, the end of Fiscal Year 2020.
“We audited these monies as part of the annual compliance audit of federal monies the State spent and distributed, which we performed in accordance with State law and federal regulations, and in conjunction with our audit of the State’s financial statements,” according to the report, which noted the $6.3 billion was a small part of the overall $26.4 billion of various federal funds spent or distributed by the State of Arizona in FY2020.
Of the $6.3 billion, more than 84 percent ($5.3 billion) was for individual and family assistance, while $352 million was allocated for public health programs. There was also $32 million earmarked for education and another $643 million categorized in the Auditor General’s report as for “miscellaneous” usage.
The report also breaks down how the other $24.8 billion allocated to the State of Arizona and its agencies from July 2020 through October 2021 is designated, with the majority $13.1 billion (about 53 percent) again earmarked for individual and family assistance, including $7.1 billion for unemployment insurance benefits.
While most of the unemployment funding had to be spent by Sept. 6, some allocated funds can be spent as late of Sept. 30, 2025, according to the report.
The next largest chunk of COVID-19 funds to the Arizona state government is $5.7 billion for education, including $643.6 million of a direct allocation for the state’s three universities. Again, some of the fundings can be spent through September 2025.
Another $2.8 billion is categorized as “to be determined use” through Dec. 31, 2024. Examples of how those funds can be spent include COVID-19 mitigation efforts and infrastructure.
As to public health, there was $1.9 billion allocated to Arizona from July 2020 through October of this year. The main area of expenditure for these funds is for various COVID-19 “response.” The majority of that allocation does not have to be spent until July 31, 2024.
That leaves roughly $1.3 billion in miscellaneous funding to be spent on things such as transportation, community services, and business assistance. Much of that allocation can be spent as late as Dec. 31, 2024, according to the report.
Not included in the Auditor General’s report is an estimated $4.8 billion of federal COVID-19 related funding which the Arizona Joint Legislative Budget Committee believes was allocated to tribal governments located wholly or partially within Arizona’s geographical boundaries
The Arizona Hispanic Chamber of Commerce highlighted the future of housing during an Oct. 29 celebration of the release of 2021 DATOS: The State of Arizona’s Hispanic Market.
The 2021 DATOS report is the most comprehensive compilation of research on the impact of Hispanics on the Arizona marketplace, providing critical insight through demographic, sociographic, and psychographic data. Nearly 43 percent of Phoenix residents identify as Hispanic or Latino, while Hispanics represent almost 32 percent of Arizona’s population.
In addition, Mexicans represent more than 55 percent of the foreign-born population in Arizona, according to the report edited by Monica Villalobos, president and CEO of the Arizona Hispanic Chamber.
This year’s report also delves into Latino contributions and impact in the housing sector. Key housing findings include the fact that 70 percent of new homeowners between 2020 and 2040 will be Latino, and that the Phoenix – Mesa – Scottsdale area ranks in the top 20 markets with the most mortgage-ready Hispanic millennials.
The event, which attracted hundreds of attendees to the Arizona Grand Hotel, was also livestreamed by the Arizona Hispanic Chamber. A panel discussion focused on housing included panelists Amy Schwabenlender of Human Services Campus Inc., Christopher Rodriguez of Ability360, and Gloria Muñoz, chairwoman of the Arizona Housing Coalition.
Gov. Doug Ducey attended and issued a formal commendation recognizing the Arizona Hispanic Chamber’s work and advocacy.
Among the dozens of subjected addressed in 2021 DATOS is the impact of a bill signed by Ducey earlier this year to allow acceptance of Mexican Consular ID cards in Arizona as of Sept. 29.
Jorge Mendoza Yescas, the Mexican Consul in Phoenix, explained that the consular card does more than provide proof of identity, residency, and Mexican nationality. The card “brings certainty to important economic activities such as opening a bank account, engaging in commercial activities, requesting loans, applying for individual taxpayer ID numbers, using rental services and signing up for utilities,” he noted.
It was also noted that if Hispanics were their own economy, they would be the 8th largest economy in the world.
