~by Janice Harbaugh for GreeneCountyNewsOnline
“I am a voice for moderation,” county attorney Thomas Laehn told the board of supervisors at their regular meeting Nov. 8, “but not in this instance.”
“I am personally outraged,” he said, referring to the federal government as “an agent of tyranny.”
Laehn spoke passionately to the board for 15 minutes about the recent federal vaccine mandate he described as “an egregious abuse of power.”
The 490-page mandate, according to Laehn, was issued by the Occupational Safety and Health Administration (OSHA) at the request of President Joe Biden and requires employers of 100 or more employees to “develop, implement, and enforce a mandated vaccine policy by January 4, 2022.”
Laehn said, “Greene County will meet the 100-employee standard and is bound by federal rules.”
He also said the county must maintain records of which employees have been vaccinated and require unvaccinated employees to wear masks beginning Dec. 5. Unvaccinated employees will be subject to weekly testing for Covid-19.
“Employees in violation of the federal mandate will be removed,” Laehn said. “The mandate will be enforced through complaints to OSHA by other employees. OSHA can also make random visits (to places of employment.)”
Laehn said violations of the vaccine mandate will result in “significant fines to the county.” He cited a figure of $13,653 per violation per week.
“This is unconstitutional abuse, power unlawfully violating federalism,” Laehn said.
According to a legal dictionary, the United States operates a federal, or national, level of government which is separate from the state governments. The two work together to ensure protection of freedoms guaranteed by the Constitution.
“I want to pass on a free country to my daughter,” Laehn said. “I cannot in good conscience follow this rule.”
Laehn advised the board, “Draft a policy to avoid OSHA fines that could bankrupt the county, but I’m going to have no role in it.”
In Laehn’s opinion, his oath of office to “uphold the Constitution” prevents him from participating in a draft of a policy he believes is in violation of the Constitution.
“I can’t subject the county to hundreds of thousands of dollars of fines (by not following the mandate in his office,) so I will have to resign,” he said.
Laehn said, “If I (refuse to) leave, Jack (sheriff Williams) will have to remove me physically.”
Laehn emphasized he will not provide the board information about the vaccination status of employees in his office. This information is reportedly required by the vaccine mandate.
Board chair John Muir told Laehn, “We’re a long way from asking you to choose your job (over following the mandate.) Without asking your help, we might be able to draw up something (to satisfy requirements.)”
Muir said, “The federal government has a lot of red tape to go through before (full implementation and enforcement of the mandate.)”
Michelle Fields, county IT coordinator, reminded the board of the “expense we’re risking” (in fines for non-compliance with the vaccine mandate.)
Laehn spoke of the “Anti-Commandeering Act” as a basis for states’ objections to the OSHA vaccine mandate. He said, “The federal government can’t reduce the states to an arm of the federal government.”
“The Iowa legislature has authority to pass this law (the vaccine mandate) but not the federal government and not (by) a unilateral executive (Presidential) action.”
Laehn clarified that he was saying only who could pass the law and not saying the mandate itself was good.
Laehn described legal action taken by states in the 5th Circuit Court of Appeals of the United States to derail the implementation of the vaccine mandate. The 5th Circuit is made up of Louisiana, Mississippi, and Texas.
Laehn introduced the idea of Greene County initiating a lawsuit against the federal government to obtain an injunction against implementing the vaccine mandate.
Muir told Laehn, “We appreciate your attention to the situation. I’d like to watch how things develop. We don’t want you to waste your time with lawsuits against the federal government. We will monitor this.”
Supervisor Dawn Rudolph spoke about having concern for “giving leadership of our country too much power, no matter who is president.”
The board discussed the information Laehn presented and seemed to agree to monitor the situation and watch what other states and counties do.
“We can revisit this conversation if more counties are interested (in a lawsuit),” Rudolph said.
