Pima County government is out of danger, at least for now, of having its state funds slashed for requiring most of its employees to be vaccinated.
On Thursday, state Sen. Kelly Townsend, R-Mesa, withdrew her demand that Attorney General Mark Brnovich investigate whether the county is violating state law because it does not provide an automatic exemption for employees who claim getting vaccinated against COVID runs afoul of their “sincerely held religious beliefs.’’
A finding by Brnovich of a violation would require him to order that the county forfeit millions of dollars in state aid.
But Townsend said this isn’t the end of the matter.
Her complaint was filed under a state law that gave the attorney general just 30 days to issue a finding. That is up Friday, Jan. 7. But she said it really wasn’t enough time for Brnovich to look at the situation of each individual employee denied a religious exemption to determine if the county was violating the law.
Townsend said her withdrawal of the formal complaint now provides a window for county employees who have been denied an exemption to speak up.
“I am asking people to go to the (attorney general’s) website and file a civil rights complaint so that they can start the investigations,’’ she said.
Townsend said she believes Brnovich’s office eventually will conclude Pima County’s policy does violate the law, and that the county is guilty of violating the civil rights of those denied exemptions.
Brnovich, a Republican, appears poised to do so. “Our Civil Rights Division takes all complaints very seriously and will take appropriate action when necessary to ensure the medical and religious rights of our citizens are protected,’’ said his office’s spokeswoman, Katie Conner, of Townsend’s decision to withdraw her formal complaint.
Acting Pima County Administrator Jan Lesher declined to comment Thursday.
The fight is over a state law approved last year that says any employer who is told by a worker he or she has a sincerely held religious belief against the COVID vaccine “shall provide a reasonable accommodation.’’
Pima County supervisors adopted a policy that requires vaccination of all employees who work with “vulnerable populations.’’
Lesher said last month that includes people working in jails, including those in the behavioral health unit trying to restore inmates to competency to stand trial, and public defenders.
Others covered by the policy include those who work with senior citizens or those who have compromised immune systems. Part of the test is whether the employee will be within 6 feet of a vulnerable person for 15 or more cumulative minutes within a 24-hour period.
As of the end of December, out of the nearly 2,100 employees who were working with vulnerable populations, more than 200 were set to have their jobs terminated by Friday, Jan. 7, for failing to comply by the deadline.
Townsend said the new state law obligates the county to provide a religious exemption to anyone who claims it. At that point, she said, the county is required to provide “reasonable accommodations’’ unless that would “pose an undue hardship” and more than a minor cost to the operation of the employer’s business.
Townsend said there is no reason not to believe every worker who claims a religious exemption is entitled to it.
Lesher has said the county policy does provide accommodations. But there are restrictions.
Anyone who gets an accommodation is not allowed in in-person meetings and instead participates virtually. There’s also a requirement to wear a mask at all times when in a county building or workspace, and a prohibition against eating or drinking in shared work areas.
There also is a requirement for weekly testing for COVID-19 which, for those who claim a religious exemption, will be paid for out of their own pockets.
As to the definition of a “sincerely held religious belief,” Townsend contends the declaration, by itself, is sufficient — and that employers cannot inquire further into the matter or about the worker’s prior practices.
“A person’s religion can change at any moment,’’ she said. “Therefore, you cannot put a timeline on it.’’
Townsend said Brnovich needs to do more than review the policy on paper. She said he now needs to see how it is applied, who is affected, and whether those who have been denied accommodations are having their civil rights violated.
Another issue is that the county is not offering accommodations for new employees: No vaccination means no job.
Lesher said it’s one thing to work with existing employees, particularly if they are or can be put into positions where they have little or no contact with the public.
“Distancing and mandatory mask wearing have proven sufficient in those instances,’’ she said. “However, we have no relationship with new hires and it’s not disruptive to require vaccination as a hiring requirement.’’
