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Councilmember Specht questioned if it is likely that the Supreme Court would say that it can’t be <br />done at the Federal level but could MNOSHA still put something in place. <br /> <br />City Attorney Knaak replied the MNOSHA derives its authority from the federal as a state level <br />enforcement mechanism of OSHA. If the underlying federal authority is gone, MNOSHA loses <br />their standing in enforcing it. <br /> <br />Councilmember Howell commented that it was drafted as a resolution but was looking at turning <br />it into an ordinance. She stated she added a couple of select sections which she passed out to the <br />Council for review. She was unsure if it would be relevant based on the decision this week. She <br />asked if there was no penalty for it not being implemented how would that work, could the City <br />still implement something if Staff was directed not to without the threat of penalty. <br /> <br />City Attorney Knaak replied by asking if he understood correctly, if someone from the State or <br />outside the City directs the City to implement, can the City refuse. He replied that depends on <br />where it comes from. If there was a Supreme Court mandate that it was okay and therefore <br />MNOSHA could do it, then there would be a situation where something should be in place. There <br />is a lot that hasn’t been debated yet. He explained the kind of policy that is required to be adopted <br />may provide for some flexibility that would be enough but was unsure what it would look. If the <br />City wanted to make a stand that a mandate wouldn’t apply to City employees ever, that raises <br />some legal issues potentially. He suggested waiting to see what happens this week rather than <br />trying to anticipate. <br /> <br />Councilmember Musgrove referenced the federal OSHA mandate that says employers with 100 <br />employees or more should require vaccination. She asked if the numbers could be looked at that <br />wouldn’t include unions because of the special contracts. She wasn’t sure if there had been any <br />discussion about that. <br /> <br />City Attorney Knaak replied he hadn’t seen any updates from OSHA that excludes union <br />employees. Where that becomes important is as a public entity with public employees represented <br />by a union, it is not allowed to change a term and condition of employment with at least a <br />conference. No one has been talking about that yet. He explained there are all kinds of things that <br />the City would have to do in order to implement a policy. Right now, most of the opposition has <br />been coming from unions and it remains to be seen what that will bring. In the meantime, Staff is <br />trying to anticipate a worst-case scenario where there will be all these requirements and operating <br />in good faith to put something in place in the event that happens. He didn’t see the City being <br />committed to doing anything yet but Staff has been preparing that this could occur even though he <br />doesn’t think it is likely. <br /> <br />Mayor Kuzma commented he feels it is a nonissue to try to prepare something that is unknown <br />and suggested waiting a week to see how things develop. He wasn’t sure what the rush was <br />because nothing was being done at this point and Ramsey is in the same boat as every other city. <br />He was not in support of it and recommended waiting. <br /> <br />Councilmember Howell commented as a counterpoint to Minneapolis and St. Paul and a few cities <br />that are implementing all sorts of things. She brought up again, why it is geared towards COVID- <br />City Council Work Session / January 11, 2022 <br />Page 9 of 15 <br /> <br />