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Ex. MET-PHX-002 Order Primary source read

Ordinance No. 11869 (Aug. 13, 2021) and Administrative Directive No. 2.03-7 (Aug. 13, 2021); Attorney General Investigative Report No. 21-003 (Sept. 7, 2021)

Whether the City of Tucson Ordinance 11869 violates A.R.S. 36-114, 36-184, 36-681 (effective 9/29/2021), or 36-787, or the Governor's Executive Order 2021-18

Tucson Mayor and Council (Ordinance No. 11869) and Tucson City Manager (Administrative Directive No. 2.03-7), as recorded in Arizona Attorney General Investigative Report No. 21-003 (Mark Brnovich, Attorney General; Brunn W. Roysden III, Solicitor General) · City of Tucson, Arizona (with State of Arizona, Attorney General) (City)

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The COVID Project

The record

Jurisdiction
City of Tucson, Arizona (with State of Arizona, Attorney General) · Phoenix and Tucson · Arizona
Level
City
Authority
Tucson Charter (charter city powers); A.R.S. 41-194.01 (SB 1487) for the report
Issued
2021-08-13 Aug. 13, 2021
Effective
2021-08-13 (emergency clause, section 7); compliance deadline 2021-08-24 4:00 p.m. (read as 2021-08-13)
End
Enforcement suspended by the City in early September 2021 after the report; resumed after the Sept. 27, 2021 ruling voiding A.R.S. 36-681; Council vote of Oct. 19, 2021 on termination is post-period (read as 2021-09-27)
In force
Aug. 13, 2021 to Sept. 27, 2021
Quarters
2021 Q3
Limitation types
Workplace rulesVaccination or testing
Addressees
  • all City of Tucson employees (about 4,000)
Functions reached
  • WF workforce of the City (vaccination status as a condition of continued work)
  • HR
  • CB counterparties dependent on City services (police, fire, water, permitting)
Collection
Phoenix and Tucson MET-PHX

Operative words

On August 13, 2021, however, Tucson adopted an ordinance requiring employees to provide proof of vaccination for COVID-19 by 4:00 p.m. on August 24, 2021.... The Council included an emergency clause in the Ordinance at section 7, making it effective immediately upon its passage and adoption.... Tucson imposed a five-day suspension without pay on employees who do not provide proof of vaccination, or seek a disability accommodation, medical exemption, or religious accommodation by August 24, 2021.... The Attorney General has determined that the Ordinance does violate A.R.S. 36-681 (effective 9/29/2021) for purposes of 41-194.01(B)(1), and the Ordinance directly conflicts with E.O. 2021-18. Tucson must rescind the ordinance.

Enforcement

Five-day suspension without pay for non-compliant employees (ordinance); State shared revenue withheld under A.R.S. 41-194.01(B)(1)(a) unless the City resolved the violation (report)

Notes

Report recites SB 1824 (Laws 2021, ch. 409, s. 13) adding A.R.S. 36-681 and 36-682 with a general effective date of Sept. 29, 2021, and EO 2021-18 (Aug. 16, 2021) providing that cities may not implement a COVID-19 vaccine requirement in violation of SB 1824 before that date. Footnote 1 acknowledges informal AG Opinion I21-003 questioned whether the Governor could preempt local resolutions by Title 26 executive order.

Retrieval note

Grade is for the Attorney General's report as a State instrument; AZ Mirror (Ex. MET-PHX-035) confirms the Aug. 24 deadline, the five-day suspension and the early-September suspension of enforcement.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.