VBT votes 6-1 for all employees to have COVID vaccinations

All employees and elected officials are required to have vaccinations for COVID-19 following a 6-1 vote at the June 15 regular zoom meeting of the Van Buren Township Board of Trustees.
Trustee Kevin Martin was the only no vote. He said he felt that action was a violation of the employees’ constitutional rights.
Supervisor Kevin McNamara said starting July 12 and going through Aug. 8, employees would be at work four days a week, alternating Wednesday and Friday off, with the building open its regular hours of 7:30 a.m. to 4 p.m.
“On Aug. 9: All hands on board,” Supervisor McNamara said.
In describing the proposed reopening plan for the township, Human Resources Director Nicole Sumpter said the plan calls for all vaccinated employees to provide a copy of their vaccination card or Schedule K.
Clerk Leon Wright explained his thoughts on mandated vaccinations, which he said was a touchy subject. He said since the township employees provide public service directly to the public, with police and fire going directly into homes, “We have to have vaccinations to get where we have to be.”
Clerk Wright said the number of people being vaccinated now has slowed to a crawl.
“Anyone with a doctor’s excuse, I’m OK with that,” he said. “Or, any religious status. Can’t be involved with that. We should be leaning on employees being mandated…”
Director Sumpter said for citizens there are two sets of rules. MIOSHA said on May 24, those vaccinated are not required to wear masks, but unvaccinated need to wear masks. She said screeners at the township hall door will ask if you are vaccinated.
She said MIOSHA wants to have a plan in case it happens again so screening would continue. She said it could be a totally new set of rules on July 1.
Supervisor McNamara said the subject can be broken into the following issues: Clerk Wright wants mandatory vaccinations, the reopening plans, and when do the board meetings open? He said he has notified the unions about this and not many are interested.
Sumpter said 97% of the employees are vaccinated.
Trustee Martin asked if the township got a legal opinion on this and Sumpter said it had. She said because of the decision of a Texas federal court this is not a violation of any EEOC or HIPPA rules.
Trustee Martin asked if it was a violation of a person’s civil rights.
Supervisor McNamara said no court would mandate you to change your rules for employees.
Sumpter said you can’t go around doctor’s or religious beliefs. She said it would apply to board members and employees, but not commissions.
“I have no control over boards and commissions,” Sumpter said. “I’m only over employees.”
Trustee Miller asked if employees and board members have to follow the mandate, but boards and commissions don’t, how can COVID cases be traced back? Sumpter said she would get an answer from the attorney on that the next day.
Trustee Don Boynton asked if the public was mandated and Sumpter said it wasn’t.
“You, as a board, have to vote on a mandate,” Sumpter said.
Clerk Wright made the motion for mandatory vaccinations for township employees who are full time and part time, including township board members. This was seconded by Trustee Sharry Budd.
“I’m going to vote no,” said Trustee Martin, adding if for whatever reason they don’t get vaccinations, it’s an imposition on their civil rights. “I have to vote no.”
Trustee Sherry Frazier said the schools require students to have vaccinations and this board makes the rules that are best for township residents.
Supervisor McNamara said he was on the fence, and he agreed with what Trustee Martin said, but he agrees with Trustee Frazier.
“I’m going to vote yes,” Supervisor McNamara said.
Trustee Miller asked if any other township has mandated shots and have there been any challenges and Sumpter replied others haven’t mandated it.
Supervisor McNamara said it became legal two days ago in the State of Texas with an appellate court judge’s ruling.
Trustee Martin said once the federal government mandates the shots, he’ll change his mind.
The vote was 6-1 and the mandate passed.
“If 97% are vaccinated and the 3% have excuses, we would not force someone out if that’s provided for,” Clark Wright said. “This is the best thing for us to do since we serve people every day.”
“What’s the time limit and if they don’t get shots are they terminated?” asked Trustee Martin.
Supervisor McNamara replied, “Let’s say no.”
“Then, why do this?” Trustee Martin asked of the vote.
Supervisor McNamara said if the employee doesn’t do it, he will sit down with the employee and help wait it out until he finds a doctor or religion.
He said there is only one person in the administration building that has an issue with this, plus three police officers and three fire fighters.
Supervisor McNamara ask if they are going to go back to pre-pandemic hours on July 12, with four days in the building and one at home until Aug. 9, when there will be first full week of pre-pandemic schedule.
That motion passed unanimously.
Supervisor McNamara asked when are they going to open up the board meetings? He said he would like to do it in July, but some preferred August or September, or even December. He said they really don’t need a vote.
Trustee Miller said she would like to vote on it.
Trustee Boynton asked if this was for boards and commissions, too, and Supervisor McNamara said this decision was exclusively for the board. He said all the board members were vaccinated.
After discussion, Supervisor McNamara said, “My attitude is it’s time to open now.”
Trustee Miller made the motion, supported by Trustees Frazier and Martin, to reevaluate open meetings at the end of September and to continue with virtual meetings until then.
Supervisor McNamara cast the only no voted, but added, “I’ll do what I’m told.” He said there was no need to vote on boards and commissions now.
“We do need an exact plan,” said Clerk Wright. “An item on the agenda could trigger a crowd. We need to plan on how to approach it when people show up.”
In other business at the one-hour-and-34-minute meeting, the board:
• Approved the supervisor’s appointment of Callie Barr to an unexpired term on the planning commission with a term to expire Oct. 1, 2022. She replaces Jane Franzoi, who resigned. Barr is associate attorney at Jones Day law firm, specializing in business and tort litigation, complex litigation, and investigations;
• Adopted the Downtown Development Authority’s Appendix to Resolution 2021-12: Township Employee Restructuring. This approved the salary increases of the DDA director and assistant to become a part of the township restructuring salary scale, in accordance with all township salaried employees;
• Approved the transfer of $19,689 from the General Fund fund balance for the purchase of a new mailroom copier with service contract. The current copier will be moved to the supervisor’s office;
• Approved purchase of a 2021 Ford Escape from Atchinson Ford in the amount of $21,555 to be used as a fleet vehicle assigned to Community Services. It is being paid for with proceeds from the ten old vehicles recently auctioned off. Public Services Director Matthew Best said it will be ordered and built by the end of the year and is part of the plan to modernize the fleet and reduce maintenance costs;
• Approved purchase from Deere and Company of a John Deere 6105E Cab Tractor with a 2020 Diamond mower for the Building and Grounds Department for $85,177.35. Best said it will be used to mow areas not under mowing contract, such as around the water tower and sewer areas and in the future could do roadside mowing in the township and easements. “We need a tractor,” said Supervisor Kevin McNamara. “Wayne County has us by the scruffy neck. We can’t do line-of-sight mowing and Wayne County isn’t able to do it.” Wayne County doesn’t have the manpower, he said. Best said the mower will be built and delivered in 2-6 months. The previous smaller tractor will transition to Parks and Recreation for use at Van Buren Park, Best said;
• Heard Best answer Steven Drake’s question via zoom about when the gateway signs are going up and where they are going to be. Best said they currently are putting together a request for proposals for bids to get costs. The board will decide whether to move forward, Best said, adding COVID pushed the project back and they are slowly moving forward; and
• Watched a brief video put together by Ryan Nichols of the communications department showing a rodeo held at the Wayne County Fairgrounds the previous Saturday, featuring Wayne County Executive Warren Evans as master of ceremonies. Trustee Martin said he and his wife went to the event and he had never been to a rodeo before. “It was a blast,” he said.