Minutes - Council Work Session - 01/11/2022

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2.03: Discussion regarding Resolution #22-005 to Prohibit State and Federal Actors from Mandating Medical Procedures Upon Citizens Through Coercion or Force; and Providing Other Matters Related to the Subject Deputy City Administrator/ Community Dev. Director Hagen reviewed the staff report. Mayor Kuzma asked City Attorney Knaak if the mandates are still in the courts and if it was correct that there was no current mandate for the City to do anything. City Attorney Knaak replied that because of what OSHA did nationally, which is in front of the Supreme Court, the MNOSHA has been using that to come up with some deadlines and requirements. The City have been under some of the deadlines as well. His understanding is that as long as the City is making progress with policies, if the appeal doesn’t come back favorably for the City there wouldn’t be any trouble. His best estimate is the OSHA requirement is what is in jeopardy and that decision should come through sometime this week. He guessed that this might not be even an issue for the City. In the meantime, the deadlines haven’t been put on hold. If the Council wanted to go ahead with things they would still have to talk with the unions’ term and condition of employment and nothing can be immediately implemented. He stated he has been in regular dialogue with fellow city attorneys to compare what other cities are doing and thinks there is a good chance that what is being mandated will be limited. Mayor Kuzma commented if the Council were to implement a statement of pushback, would it create a position where Ramsey would be set as an example. City Attorney Knaak replied there is nothing that would jeopardize the City legally. Councilmember Woestehoff asked City Attorney Knaak to speak to the difference between passing a resolution versus an ordinance. City Attorney Knaak replied it wasn’t really drafted as an ordinance yet because it does not give any directive or impose any penalty to comply. Usually, an ordinance is a legislative act which imposes certain duties and obligations or prevents certain occurrences by its action and provides for penalties for failure to comply. The third one is a resolution in its form but it doesn’t do those things. He advised that an ordinance could pose problems but a resolution stating the position of the City wouldn’t cause any legal issues. Mayor Kuzma asked City Attorney Knaak if it would be his advice to table this for a week to see what happens. City Attorney Knaak replied they are in a discussion phase which isn’t harmful. He added even directing Staff to do something in the future, as long as there is an understanding that this is in the context of a decision that is expected in the next couple of days which will provide information. The Supreme Court may decide OSHA has overstepped its bounds but may still decide to pass a resolution or statement. City Council Work Session / January 11, 2022 Page 8 of 15