COVID-19 exhaustion is not a medical term, although what it represents can be as emotionally fatiguing as the virus can be physically draining. It describes the sense of frustration and weariness that comes from reacting 24/7 to a pandemic for the last 20 months.
AZ Free News looks at some of the events which occurred last week in federal courthouses, corporate offices, and the Arizona statehouse which illustrate the confusing regulations, legal rulings, and political posturing commonly found with COVID-19 exhaustion.
Private vs. Public Employees
On Dec. 15, Gov. Doug Ducey issued yet another executive order concerning COVID-19. Among the nine-page order are 19 words which seemingly ensure municipal, county, and state officials cannot impose any COVID-19 vaccination on citizens, businesses, or public employees:
“No person shall be required by this state, or any city, town or county to obtain a COVID-19 vaccine…”
Yet just two days later, Tucson Mayor Regina Romero issued a dismissive response to Ducey’s order as she doubled down on enforcing a city ordinance passed in November that allows for termination of any city employee who did not provide prove of vaccination or had not gone through an exemption process.
Meanwhile, the illnesses and deaths of several public safety workers across Arizona who contracted COVID-19 are being classified as work-related, which allows for various financial benefits for the employee or family. At the same time, a growing number of private companies have discontinued assistance for unvaccinated frontline employees who contact COVID-19.
The latest employer to do so is Kroger Co., which owns 2,700 supermarkets and multi-department stores across the country under several names. In Arizona, Kroger operates the Fry’s Food Stores.
According to Kroger’s announcement, any of the company’s 465,000 employees who are not vaccinated will no longer be eligible for two weeks of paid emergency leave if they fall ill. In addition, a $50 monthly health insurance surcharge will soon be imposed onunvaccinated nonunion employees.
A similar COVID-19 health plan surcharge was implemented by Pima County against several hundred of its employees who have not been vaccinated. The county’s action, which is expected to cost employees $100 a month, is the subject of a federal lawsuit filed last week by the Arizona Conference of Police and Sheriffs (AZCOPS).
Another problem that has developed as a result of various vaccination mandates is the uneven -and potentially discriminatory- decisions by companies and government entities in response to applications for religious and medical exemptions. There are also concerns over employee privacy.
The City of Phoenix issued its own COVID-19 vaccination mandate back in November, citing the city’s status as a federal contractor. The city’s 14,000 or so employees were given a Jan. 18 deadline, along with the option of applying for a medical or religious exemption.
Many employees balked at the exemption process after learning they would have to reveal deeply personal medical and religious information to fellow city employees with the Human Resources, Equal Opportunity, and Law departments.
The Phoenix mandate is on hold while the federal court address challenges to the Biden Administration’s federal contractor vaccination mandate. If reactivated, the city’s mandate allows for termination.
Federal Court Decisions
While a legal challenge or two have been threatened against Ducey’s latest executive order, Arizonans who work for the federal government have not had success challenging President Joe Biden’s executive order that requires federal employees to get the shot.
But for workers of private companies with 100 or more employees, for those who work for a federal contractor, or whose employer receives Medicare & Medicaid funds, things get a whole lot murkier.
A federal appeals court recently put on hold the Centers for Medicare & Medicaid Services rules which require staff at any facility which participates in the Medicare and Medicaid programs to get the COVID-19 vaccination, regardless of whether that staff member has patient contact.
But even if that rule never goes into effect, healthcare workers in Arizona may not have recourse to challenge any employer mandated vaccination policy, thanks to Ducey’s Dec. 15 executive order. The governor specifically allows “a health care institution licensed pursuant to A.R.S. Title 36, Chapter 4” to require its employees to be vaccinated, although a medical and religious exemption must be offered.
There is also a Biden executive order which requires federal contractors and subcontractors to implement a mandatory employee vaccination policy. A federal court order put that mandate on hold earlier this month, but the U.S. Department of Justice continues to argue the President has authority to impose such a requirement on America’s private businesses.
The Biden Administration mandate with the biggest reach is one issued by OSHA that affects more than 80 million workers. An emergency OSHA rule requires companies with 100 or more employees to implement COVID-19 vaccination protocols or face financial penalties. The OSHA rule also requires unvaccinated workers to undergo frequent testing, and only provides for a medical exemption.
A federal court had put the OSHA rule on hold due to legal challenges from multiple states and employers. However, last Friday a federal appellate court allowed the mandate to go into effect pending any possible action by the U.S. Supreme Court which was asked on Saturday by several parties to get involved sooner than later.
It did not take long for OSHA to react to last week’s lifting of the hold. The agency issued a statement Saturday warning those companies with more than 100 employees to comply by Jan. 10 or face citations and penalties.
The Trauma Surgeon
Mental COVID-19 exhaustion can also be caused by the frustration brought on by inane vaccination mandate protocols. A glaring head-scratcher of such a mandate comes from Phoenix-based Banner Health, Arizona’s largest private employer.
Until recently, Dr. Devin L. Gray held medical privileges at several Banner hospitals, just as he does at many other Maricopa County hospitals. But Gray, a surgeon with 30 years of experience, is no longer allowed to use his specialty skills as a life-saving trauma surgeon at Banner’s facilities.
The reason? A Banner Health administrator did not find Gray’s request for a religious exemption to the company’s vaccination mandate to be sincere. The other hospitals -Arizona General Hospitals, Chandler Regional Medical Center, Mercy Gilbert Medical Center, and Mountain View Medical Center- did.
Gray has asked the Arizona Attorney General’s Office to look into the exemption inconsistencies, as well as the amount of deeply personal information some companies are demanding from employees who apply for a medical or religious exemption.
In the meantime, Gray has been told by a Banner Health executive that he can be treated as a patient at their facilities. He is also free to visit patients at a Banner facility. But he can’t treat those patients’ medical emergencies.
The city of Phoenix decided to suspend the city’s vaccine mandate after a federal judge halted President Joe Biden’s vaccine mandate for federal contractors. The city based its mandate for its employees under an interpretation of its workforce as federal contractors based on the amount of federal dollars and contractors it had.
The Phoenix City Council was scheduled to discuss their vaccine mandate during a policy session on Tuesday. Since the city announced the mandate’s suspension shortly before the meeting took place, officials instead modified the agenda item to showcase how well the city had handled the pandemic, the timeline of events preceding the mandate, and an explanation why the city classified itself as a federal contractor.
In light of today’s federal court ruling, temporarily blocking a requirement for all federal contract workers getting the #COVID19 vaccine, the city of #PHX will pause implementation of the federal mandate requiring city workers be vaccinated by Jan. 18. pic.twitter.com/0XRW1VtJBt
City Manager Jeff Barton offered a prelude to the presentation by insisting that the mandate was decided upon for the greater good.
“The January 18 vaccine mandate was not a city of Phoenix mandate. It was a federal mandate passed onto the city via executive order and with today’s ruling our city has halted implementation,” emphasized Barton. “Our fight against COVID-19 has forced us to be creative and innovative with our service delivery, and at times has forced us to make extremely difficult decisions as public servants for the greater good.”
Barton added that city administrators were “extremely flexible” with their COVID-19 policies for employees throughout the pandemic.
“I value their right to personal choice, religious freedom, and other convictions. But I also have an obligation to ensure the city operates within state and federal laws,” said Barton.
A week after the city announced their mandate, Councilman Sal DiCiccio called for a public vote on the mandate. DiCiccio said that the mandate would only strain further an already critically manned first responder force.
The response of first responders to the mandate was consistent with DiCiccio’s assessment. The Phoenix Law Enforcement Association (PLEA) and The United Phoenix Firefighters Association (UPFA) joined Attorney General Mark Brnovich’s lawsuit against President Joe Biden’s vaccine mandate for federal contractors and employees.
Another big win to stop Biden's unconstitutional COVID-19 vaccine mandates for federal contractors.
On Monday, Phoenix City Council Member Sal DiCiccio called for the city to put their COVID-19 vaccine mandate to a public vote. In his letter to City Manager Jeffrey Barton, who made the decision to implement the mandate, DiCiccio insisted that the mandate would only further strain their law enforcement staffing numbers.
“This decision will compromise vital citywide services to our residents, including public safety, which this Council has been aware of the alarming crime data and how the city is struggling to hire and retain personnel. A more thorough determination needs to be made on whether, under federal law, the City of Phoenix and it’s 13,000 employees are considered ‘federal contractors’ for the purposes of this mandate,” wrote DiCiccio. “A discussion and vote on this mandate needs to be held in public not behind closed doors. When this Council is mandating city employees to get vaccinated or else lose their job, pension, and years of service, the least this Council can do is be transparent with our employees.”
No more hide and seek for a Phoenix politicians. No more behind closed door meetings on major issues. Let's see which politicians sign off on this letter requiring a public vote on the mandatory vaccine.
The city of Phoenix announced its vaccine mandate last week, giving workers until January 18 to comply. Barton reasoned that the city needed to impose the mandate because a majority of their operations are sourced in federal contracts – a class of employees required to be vaccinated under the Biden Administration. They promised $75 for each employee who complied with the mandate by the deadline – a benefit initially introduced earlier this year as an incentive to get vaccinated, now apparently a thank-you for compliance.
First responder associations signaled their support for efforts to fight Phoenix’s mandate. The Phoenix Law Enforcement Association (PLEA) and The United Phoenix Firefighters Association (UPFA) joined as co-plaintiffs in Attorney General Mark Brnovich’s lawsuit against President Joe Biden’s vaccine mandate for federal contractors and employees.
“For us, this issue is not about the vaccine but a concern for the public safety staffing in Phoenix and our members’ right to make their own personal health choices,” stated UPFA. “Forcing first responders out of a job protects no one.”
For us, this issue is not about the vaccine but a concern for the public safety staffing in Phx and our members right to make their own personal health choices.
— United Phoenix Firefighters Association (@unitedphxffs) November 23, 2021
The PLEA Vice President Yvette Bro asserted that the city mandate would only worsen their staffing shortage.
“We can’t afford to lose one officer,” stated Bro.
Phoenix police join fight against federal mandate
Yvette Bro, vice president of the union representing Phoenix police officers said they are facing staffing shortages and the mandate will exacerbate that problem. “We can't afford to lose one officer," https://t.co/eMZ2ZQ8iiJ
City council candidate Sam Stone told AZ Free News that it was unconscionable for city leaders to unilaterally push for a mandate without input from those affected.
“This was a cowardly act by Phoenix politicians,” stated Stone. “They passed the buck because they know vaccine mandates are unpopular, and they want to gut our police force – but aren’t willing to take the blame for either of their poor decisions. Councilman DiCiccio is spot on to call for a public vote.”
Stone also insisted that city employees aren’t federal contractors, tweeting that the legal basis for the mandate was “bunk.” He warned AZ Free News that this mandate would grant the federal government more control over local government.
“Further, the city of Phoenix is not a federal contractor. Forget COVID for a minute, this sets a horrific precedent giving the federal government control over our cities and towns,” said Stone.
This week, Phoenix Mayor Kate Gallego and Councilwoman Yassamin Ansari are attending the United Nation’s (UN) COP26 Climate Change Conference in Glasgow, Scotland. The conference began Sunday and will last until next Friday. The attendees are meeting with the objective of realizing the Paris Agreement through finalization of the Paris Rulebook and acting on the UN Framework Convention on Climate Change.
Gallego’s spokespersons informed AZ Free News that the city didn’t pay for Gallego’s trip – the C40 Cities Climate Leadership Group paid, a global network of nearly 100 mayors that collaborate on climate solutions. In May, Gallego was elected the vice chair for C40’s steering committee.
Ansari’s spokespersons didn’t respond by press time.
Gallego told Business Journal that she would be networking with companies who may potentially invest in the city. In a statement posted to Twitter, Gallego explained that this conference would bring fresh ideas on climate change initiatives to Phoenix, as well as serve as an opportunity to share some of Phoenix’s initiatives, like their cool pavement installations. “Excited to be attending the UN #COP26 Climate Summit. Phoenix is an innovative leader on climate solutions,” wrote Gallego. “We’ll share our success, and learn about successes from cities around the globe. #TogetherForOurPlanet”
Excited to be attending the UN #COP26 Climate Summit. Phoenix is an innovative leader on climate solutions. We’ll share our success, and learn about successes from cities around the globe.#TogetherForOurPlanetpic.twitter.com/q5GkipooHL
Ansari’s message concerning her attendance reflected more urgency, claiming that lives were at stake. “After spending years working to get elected officials to commit to bold climate solutions, I’m heading to Glasgow for #COP26 proud to represent District 7 in Phoenix,” wrote Ansari. “We just passed our #climateaction plan. Lives are at stake— it’s time to implement.”
After spending years working to get elected officials to commit to bold climate solutions, I’m heading to Glasgow for #COP26 proud to represent District 7 in Phoenix.
Prior to her election to city council, Ansari served as a climate advisor for the UN. She attributed her work as crucial to delivering the Paris Agreement in 2015.
6 yrs ago, I helped deliver the #ParisAgreement. Today, I arrived at the @UN#COP26 summit as an elected official from Phoenix, AZ— once dubbed “the world’s least sustainable city.”
Excited to showcase the work we’re leading now & to bring back lessons from cities everywhere. pic.twitter.com/1goMHS4DJx
The pair will discuss Phoenix’s climate initiatives, including their $2.8 million Heat Response and Mitigation Office. The purpose of the office is to reduce the effects of urban heat, a phenomenon in which urbanization causes higher temperatures. Phoenix is the only city that has an office dedicated to these efforts.
Phoenix’s latest climate action plan was approved last month. The city pledged to certain goals, such as becoming 100 percent carbon-neutral by 2050, eliminating all food deserts, and establishing 100 years of clean and reliable water supplies.
The COP26 conference claims that climate change is the greatest threat facing the world. Two of the goals listed were reaching net zero for emissions and limiting global warming by 1.5 degrees. The UN claimed in their promotional video for COP26 that “Earth is sending a message that we must not ignore.” They showed pictures of various natural disasters, mixed with happy scenes from nature.
“What is COP? The potential threat to the surrounding natural environment, what the UN is calling the world’s first climate change famine,” said the conference promotional video. “Even on our warming planet there are reasons for hope. We need to have the courage to try. There are going to be a lot more jobs created in the economy. Climate change is not the problem, climate change is the expression of the problem.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Maricopa County Sheriff’s Office (MSCO) responded to criticisms from Phoenix City Council member Sal DiCiccio over their practice of stopping traffic to allow an NFL convoy through. DiCiccio submitted a letter to law enforcement on Tuesday, along with a series of posts on Facebook and Twitter to express his grievances with the practice. DiCiccio noted that he would assure this doesn’t happen again in his district in the future.
“This type of action is at the very least an inconvenience to our hard-working taxpayers. Granting special privileges to a select few is unacceptable in my district,” wrote DiCiccio. “This action also creates a great danger for our first responders during emergency calls as they are responding to critical life and death situations. Phoenix residents are already experiencing an increase in response times, worsened by this unnecessary action of special privilege that only hinders the ability for our first responders to answer calls, perhaps to save lives.”
MSCO was escorting a convoy of four or five buses carrying the Houston Texans football team. The councilmember called it a “special privilege for some really special people.”
Just saw 4-5 large buses at 24th St./Camelback get a special police escort blocking traffic. These “Special People” held up traffic so that their buses could get through while normal people waited for their escort. I will keep you apprised. Sick privilege
Maricopa County Sheriff Paul Penzone wasted no time issuing a response. Several hours after DiCiccio published his letter, Penzone sent back a letter of his own.
Penzone noted that their method of escorting professional athletic teams has been a regular practice for a little over a decade, one to two years before DiCiccio was elected. He asked DiCiccio why he hadn’t questioned the practice in years past, and whether the councilman actually had the authority to single-handedly stop this practice. Penzone also explained that the practice was necessary to protect visiting teams from hostility, as well as fines from the NFL due to tardiness. The sheriff estimated that the entire procession delayed regular traffic by about one to two minutes.
“In my estimation, the time allotted to your inconvenience was similar to, or less than the time you spent complaining on your social network platforms. When I calculate that time spent and the time I am now spending to respond to your petty complaint, I recognize the taxpayers deserve more from our time,” wrote Penzone.
Less than an hour later, DiCiccio shot back a response claiming that the sheriff’s remarks were dismissive of citizen concerns. “Crazy, now you know why there are two sets of rules, one for normal hard-working citizens and then the other for the elites,” wrote DiCiccio. “Sheriff Penzone came back saying he doesn’t care about the citizens of the district. He will continue stopping traffic so that his privileged players can skip through all the lights and hold up citizens in traffic.”
UPDATE Oct. 26th
Crazy, now you know why there are two sets of rules, one for normal hard-working citizens and then the other for the elites. Sheriff Penzone came back saying he doesn't care about the citizens of the district. https://t.co/BKC51lwLDq
