Rulemaking is final, but authority to require a vaccine still unclear

Elizabeth Hovde of the Washington Policy Center explains why it is time for peace in the land when it comes to vaccines.

Elizabeth Hovde of the Washington Policy Center explains why it is time for peace in the land when it comes to vaccines

Elizabeth Hovde
Washington Policy Center

In June, Washington Gov. Jay Inslee dictated that there would be a permanent COVID-19 vaccine mandate in our fair land that extended beyond the reach of his emergency powers. When the Legislature convenes in the new year, our other elected representatives need to try and swim the moat to take that unfair requirement away. I was told it might be possible with a budget proviso.

Elizabeth Hovde
Elizabeth Hovde

For now, rules have been written — effective Nov. 4 — and a COVID-19 vaccine is now required for taxpayer-funded employment in state executive and small cabinet agencies. 

A lot of agencies are impacted, including the Washington State Patrol and the Department of Transportation. Both were hit hard by vaccine-related employee loss under emergency orders: Ferries are still docked with labor pains that were exacerbated by the misguided mandate, and it’s clear that government service levels have suffered along with more than 2,000 people who lost their work with the state.

The COVID-19 vaccine mandated for current employees also applies to future job applicants. That feels like discrimination to me.

Allowing our governor to treat unvaccinated people like waifs is unacceptable. A vaccine requirement, especially given where the disease is at and all we know about COVID-19 spread and contraction, is outdated. 

The flu has taken off, by the way. A Tuesday press release from the Department of Health informs that flu cases are rising quickly in Washington state and nationwide, with hospitalizations at the highest rates seen in 10 years for this point of the year. DOH urges precautionary measures.

While COVID-19 is not the flu, some doctors and government leaders have been saying that we’ve reached the point where COVID-19 poses a similar or less of a risk of hospitalization or death for individuals than influenza. Debate around how COVID-19 deaths are counted swirls and continues to make that determination hard to see. In this National Public Radio story, Dr. Jake Scott, an infectious disease specialist at Stanford University rightly says, “I think it’s really important people have an accurate sense of the reality in order to go about their lives.” He added that it’s problematic if people’s risk assessment is being driven by or influenced by overestimated hospitalization and death rates.

Reminder: There is no flu vaccine requirement for state workers. And Washington stands out for the strict COVID-19 measure that remains. 

A booster requirement for state employees — also dictated in Gov. Jay Inslee’s June directive — was negotiated away in August. Now employees who get a booster or who are up to date with boosters in the new year will reap a $1,000 booster bonus from taxpayers. That idea has been met with wide skepticism. Read more about how only 27% of respondents to a poll sponsored by media and academia approved of the booster incentive. It should be noted that about 22% thought the state should require the booster without an incentive and 35% disapproved of a bonus and requirement. Read more about the poll and how the booster bribe is bombing here and here

The Office of Financial Management (OFM) was the agency directed to create rules for the permanent mandate. For months, I have been asking the department for clarification about the authority that exists for the governor or OFM to make a requirement about a worker’s medical decision. OFM has sent me an explanatory statement a couple of times that says it has rulemaking authority in the following statutes: RCW 41.06.133 and RCW 41.06.150.  

I read these and failed to see the authority, so I followed up with more questions. A spokeswoman said these statutes give OFM rulemaking authority “over the basis and procedures to be followed for reduction, dismissal, suspension, or demotion of employees, as well as appointments.” So now I’ve asked if I am right to assume the governor and OFM could make rules about how many times an employee works out each week and what he eats or drinks, etc. OFM asked me to hold while it works on answers.

I’ve also asked OFM if the Legislature could limit the authority it sees in those RCWs or what else the representative body could do to override the requirement. Hold, please.

I’m holding. But I think we should be anxious to solve this question, especially with court cases aimed at governments over vaccine mandates. The governor’s continued resolve to pin better COVID-19 outcomes on one group of people could become a costly problem. The New York Supreme Court recently ordered New York City to rehire and give back pay to city employees. 

It’s time for peace in the land when it comes to vaccines.

E;lizabeth Hovde is a policy analyst and the director of the Centers for Health Care and Worker Rights at the Washington Policy Center.


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Dave Roberts
Dave Roberts
2 months ago

Jay Inslee needs to go away and take his draconian rules, edits and mandates with him. Any elected officials and or public sector employees that encourage or enforce his illegal actions need to be fired. Enough is enough. Common sense needs to prevail. These are the reasons why people must vote responsible.👍😬

Brett
Brett
2 months ago
Reply to  Dave Roberts

Hi Dave. Well said! Ever play ball for the Padres? Knew a guy with your name (way back) who did. Great guy.

Last edited 2 months ago by Brett
Brent Stewart
Brent Stewart
2 months ago
Reply to  Dave Roberts

Well, Inslee selects primarily members of the Thurston County Superior Court judicial pool as Washington State Supreme Court nominees and hence has yet to lose even the most egregious case in the Thurston County Kangaroo Court. This gives Jay “Pol Pot” Inslee virtually unchecked dictatorial powers.

However, we now know that the vaccines do not work and currently the “vaccinated” appear to be in the majority of those dying from CV. Cloth masks do nothing so why are they looking at mandating them again? It’s pure nonsense and theater.

Lastly, this was never about health or stopping the spread, rather, this was nothing more than a Leftist Loyalty Test and subsequent purge. Make no mistake, the majority of Washington State employees that I know that were fired over refusing the jab have departed for states where individual liberty and freedom are still supported.

I only have 3 years left and I am out of here. The PNW is one of the most beautiful places on the planet but it is becoming unlivable under Leftist infiltration. Back in the 90s, my wife and kids and I used to walk around Pioneer Square and visit the galleries and antique shops and then walk to Uwajimaya’s for dinner. Now you have aggressive panhandlers and poop on the sidewalks. Seattle has gone from the pristine “Emerald City” to morphing into a facsimile of a Brazilian (or Detroit) slum. I’m outta’ here!

Brett
Brett
2 months ago

All the democrats (aka: Jay Inslee) want is for conservatives against vaccine mandates to hold their collective breathes until they pass. Ain’t gonna happen Jay. There is a place where the sun don’t shine you can tuck your mandates, I’m pretty sure. Take care. God bless!

Brent Stewart
Brent Stewart
2 months ago

I’ve read it a couple of times and correct me if I’m not wrong but with the exception of represented management/executive level employees the mandate does not include represented rank-and-file contract labor (such as WSF Captains, Chief Engineers, and Mates). It would seem to be directed at WMS, Classed Admin/Supervisors, and Exempt/Executives and linguistically this would seem to be reinforced by Inslee’s request for Unions to support its application to the employees they represent.

As the mandate constituted a clear change in working conditions Inslee exceeded his authority by implementing it without responding to a demand-to-bargain. This is clearly an unfair labor practice and if the arbiters in the upcoming arbitrations apply the laws and contracts fairly then we should see some people get their jobs back. They approved many exemptions but fired front line workers but allowed all of the indolent office personnel to telecommute (i.e. goof off with no accountability or deliverables) including the ones receiving exemption approval. Remember, the SCOTUS rule regarding vaccines said a city could levy a fine for those out of compliance (equal to something like $120 in today’s dollars) but it never countenanced the Fascistic methods practiced by Jay “Mao” Inslee.

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