Laehn clarifies stance on Covid-19 vaccine, provides status update to supes

~by Janice Harbaugh for GreeneCountyNewsOnline

 “I’m not opposed to vaccine,” county attorney Thomas Laehn told the board of supervisors at the regular meeting on Nov. 15. “I think it’s good for people to get vaccinated. But the federal government does not have the authority to mandate vaccination,” Laehn explained.

At the board of supervisors’ Nov. 8 meeting, Laehn had presented an impassioned argument against the recent vaccine mandate issued by the federal government with enforcement to be overseen by the Occupational Safety and Health Administration (OSHA). He said the mandate states any employer with 100 or more employees will require vaccination or weekly COVID-19 testing with mask-wearing by Jan. 4, 2022. Employees not complying will be removed.

Laehn updated the board on a recent decision by the 5th Circuit Court of Appeals (Louisiana, Mississippi, Texas) in issuing a “permanent injunction from putting the vaccine mandate in effect.”

“This stay (injunction) has been interpreted as a nationwide prohibition, stopping the Biden administration from implementing the mandate, Laehn said.

“The mandate cannot go into effect while it is being contested,” he continued. “I don’t think it will go into effect anytime soon. By their decision, the 5th Circuit court is saying the policy is likely unconstitutional. I don’t think there is likelihood of it going into effect at all.”

Still, Laehn advised the supervisors to have a written policy available to “preserve your options.”

“If the mandate does go into effect, a significant number of people could resign. You need a plan in place to ensure continuity of government,” Laehn said.

Chair John Muir said, “You would be defending us if it came to that point.”

Laehn recommended a department head meeting  be held to discuss the situation.

 In other business, Laehn reported a continuing vacancy in District 2B for a district court judge. Greene County is part of District 2B

“There are allegations the names submitted to the Governor of Iowa were not done correctly,” Laehn said. “The Governor rejected both names.”

“Anyone with a law degree can apply for the position, “ Laehn said. “The two names previously submitted can re-apply.”

The supervisors discussed the naming of an unnamed tributary of Cedar Creek in the northwest part of the county. An applicant who contacted the federal Board of Geographic Names had suggested Wolf Hollow Creek.

“Anyone who has a concern (about the name) should reach out to the supervisors,” Muir said.

A resolution to be sent to the BGN concerning the name is scheduled for the board of supervisor meeting Nov. 22. Laehn had previously reported supervisor approval is not necessary for the BGN to act but the agency would like to know what the supervisors think.

The board unanimously approved a transfer of $66,277 from the TIF (Tax Increment Finance) special revenue fund to the general fund for repayment of incurred legal and publication costs in amending the Urban Renewal Area to include additional wind turbines in December 2021.

Auditor Jane Heun told the board there will be a report on both sets of turbines by the end of the year.

The board unanimously passed a resolution changing the requirements for a quorum in the Workforce Development Chief Elected Official Consortium to “one plus one-third of the members.”

Laehn told the board there are 18 members in the consortium, including Greene County in the Western Iowa Workforce Development Area. 

The resolution means seven members are required to be present to conduct business.

Laehn said, “With majority rule, four of the seven members could decide issues. That would give four of the 18 counties the power to make policy.”

“It’s perfectly legal, though a little unusual,” Laehn said, “but another meeting of the group could undo any policy (made by the previous four members.)”

In other matters,  Muir reported the renovated magistrate courtroom “is what we hoped for” and he invited people to look at it.

Laehn reported he had learned at a county attorney conference the state has a new policy that government employees can only be reimbursed for work-related hotel stays if “the hotel has required its employees to undergo human trafficking training.”

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