Bill Summary – FastDemocracy

ENROLLED ORIGINAL

                                        A RESOLUTION

                                             24-240

                   IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

                                         October 5, 2021

To provide for a vaccination policy for the Council of the District of Columbia.

        RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

resolution may be cited as the Council Vaccination Policy Approval Resolution of 2021.

        Sec. 2. The document entitled COVID-19 Vaccination Policy dated October 5, 2021,

attached and made a part of this resolution, is adopted as the official vaccination policy of the

Council of the District of Columbia. A violation of the COVID-19 Vaccination Policy shall

constitute a violation of the Council Rules of Organization and Procedure for the Council of the

District of Columbia, Council Period 24.

       Sec. 3. This resolution shall take effect immediately.

                                                             ENROLLED ORIGINAL

                 COUNCIL OF THE DISTRICT OF COLUMBIA

                      OFFICE OF THE SECRETARY

MEMORANDUM

To:          Members and Staff

From:        Nyasha Smith

Date:        October 5, 2021

Subject:     COVID-19 Vaccination Policy

PURPOSE

The highest priority for the Council of the District of Columbia (Council) is

providing a safe and healthy workplace for our employees. To ensure a continued

focus on our employees well-being, as well as the health and safety of our

volunteers, contractors, and community, we have devised this mandatory COVID-19

vaccination policy.

COVID-19 continues to be a worldwide threat. Data from the Centers for Disease

Control and Prevention and other national and local agencies shows that

unvaccinated individuals continue to contract and transmit the disease, and suffer

complications, up to and including death, at a substantially higher rate than

vaccinated individuals. Moreover, emerging variants of the virus with higher

transmissibility rates underscore the importance of minimizing the risk that

unvaccinated individuals may pose in the workplace and in the community. In light

of medical and scientific data that confirms the safety and effectiveness of the

COVID-19 vaccines, and to safeguard Council employees, volunteers, contractors,

and our community, the COVID-19 vaccine is mandatory for all employees except

those with an approved religious or medical exemption.

Vaccines are widely available across the Washington, D.C. region. Please visit

https://coronavirus.dc.gov/ for locations of testing and vaccination sites. As of the

date of this policy implementation, all individuals ages 12 and up are eligible to

receive a vaccine. The District and its surrounding jurisdictions are continuing with

their phased reopening and closely following public health metrics. The Council is

                                          1

                                                               ENROLLED ORIGINAL

also closely following public health metrics, and this policy is subject to change

based on the latest scientific data and best practices. The Council will issue

additional guidance regarding any mandatory return to the John A. Wilson

Building in the coming weeks.

POLICY

   I.     Mandatory Vaccine

All employees must complete an approved COVID-19 vaccine series and provide

proof of full vaccination by October 31, 2021. All new hires must present proof they

have been fully vaccinated against COVID-19 no later than one week prior to their

start date or submit a Request for Vaccine Exemption Accommodation Form. These

reporting requirements apply to all employees and new hires except those granted a

religious or medical exemption.

The Council establishes this mandatory COVID-19 vaccine policy for all Council

employees, except for individuals with a religious or medical exemption (see section

III), because immunization is critical to controlling the spread of the virus. The

decision to require vaccinations was made after review of information from health

experts and federal and local agencies.

Except as otherwise noted, for the purposes of this policy, the term employee

includes Councilmembers; volunteers; interns; fellows; detailees; individuals, other

than vendors, who provide services to a Councilmembers office or a Council

committee pursuant to a personal services contract; and vendors who perform work

on-site at the Wilson Building.

   II.    Acceptable Vaccines and Full Vaccination

Acceptable vaccines include those approved for use in the United States, accepted

by the Food and Drug Administration, the World Health Organization, and the

Centers for Disease Control and Prevention (CDC). Currently, this includes:

          1. Pfizer-BioNTech

          2. Moderna

          3. Johnson & Johnson/Janssen

                                           2

                                                              ENROLLED ORIGINAL

According to the CDC, people are considered fully vaccinated:

        2 weeks after their second dose in a 2-dose series, such as the Pfizer or

         Moderna vaccines, or

        2 weeks after a single-dose vaccine, such as Johnson & Johnsons Janssen

         vaccine

In the event that federal authorities or DC Health issues guidance for a booster

vaccine, such booster should be obtained in order to maintain full vaccination.

Individuals who do not meet these requirements, regardless of age, are NOT fully

vaccinated.

   III.     Religious or Medical Exemption

An unvaccinated employee may apply for a religious exemption if the employee

objects in good faith and in writing that the employees vaccination would violate

their sincerely held religious beliefs.

An unvaccinated employee may apply for a medical exemption if the employee has

obtained and submitted written certification from a physician or other licensed

health professional who may order an immunization that being vaccinated for

COVID-19 is medically inadvisable as a result of the employees medical condition.

Employees granted a religious or medical exemption shall agree to be tested

regularly for COVID-19 prior to entering the Wilson Building or any workspace

where Council work is being conducted, including community events. Testing

requirements are outlined in the Procedures section of this document.

   IV.      Confidentiality

The Council shall maintain the confidentiality and security of employees

vaccination status and any medical or religious information provided as required by

applicable law.

                                           3

                                                           ENROLLED ORIGINAL

V.     Administrative Leave With Pay

       A. Employees shall receive up to 4 hours of administrative leave total,

          after prior notification to the employees supervisor, to take each dose

          of the COVID-19 vaccine (up to 2 hours per dose).

       B. Individuals who suffer adverse side effects from the vaccine shall

          receive up to 16 hours of COVID self-care leave within the first 48

          hours after receiving a vaccine.

       C. Employees who have reported that they are fully vaccinated shall

          receive an 8-hour time-off award certificate. Employees may use the

          leave for any purpose at any time with supervisory approval.

VI.    Refusal to Comply

       A. Employees, other than Councilmembers, who do not have an approved

          medical or religious exemption shall be placed on unpaid leave

          beginning on November 1, 2021, until proof of vaccination is submitted,

          or for 30 calendar days, whichever is shorter. Thereafter, disciplinary

          action shall commence for failure to submit proof of vaccination, leading

          up to and including termination, in accordance with District law.

       B. Employees who claim a medical or religious exemption who refuse to

          submit documents necessary to act on the exemption request by October

          31, 2021, and who are not vaccinated, shall be denied an exemption

          accommodation. Employees with an approved medical or religious

          exemption who fail to comply with the mandatory testing requirements

          of this policy shall be subject to the actions described in subsection A,

          above.

       C. Councilmembers who fail to comply with the vaccine mandate of this

          policy shall be subject to appropriate discipline.

VII.   Mask Wearing and Physical Distancing

        A. Regardless of vaccination status, physical distancing at the Wilson

Building or any workspace where Council work is being conducted of at least 3

feet is required to the extent possible. All individuals must wear a mask or

                                       4

                                                             ENROLLED ORIGINAL

   appropriate facial covering that fully covers the nose and mouth while in the

   Wilson Building or any workspace where Council work is being conducted unless

   the individual is alone in an enclosed office with the door closed, or the

   individual is actively eating or drinking.

          B. Mask wearing and physical distancing requirements under subsection

   A of this section may be superseded by DC Health guidance lessening or

   increasing restrictions for vaccinated individuals.

PROCEDURES

   I.     Vaccine Status Reporting in PeopleSoft

All employees must report their COVID-19 vaccination status through the

vaccination module in PeopleSoft. Employees who do not have a PeopleSoft account

must report their COVID-19 vaccination status to Human Resources (H.R.) by

notifying Valerie Wilkins, H.R. Director, at vwilkins@dccouncil.us.

The required proof shall be a photograph or scan of the individuals CDC-issued

COVID-19 Vaccination Record Card that contains the individuals name, date of

birth, name of the vaccine, and the date(s) of the shots.

   II.    Religious or Medical Exemption for Unvaccinated Individuals

Anyone who is unable to receive the vaccine for specific medical or religious reasons

must file a Request for Vaccine Exemption Accommodation Form with the H.R.

Director and obtain a decision on the request. Individuals must submit a completed

Request for Vaccine Exemption Accommodation Form (which is attached to this

policy) to Human Resources and obtain approval as soon as possible. The H.R.

Director will give full consideration to the request for accommodation.

   III.   Mandatory Covid-19 Testing for Unvaccinated Individuals

Anyone with an approved religious or medical exemption must provide Human

Resources proof of a negative COVID-19 test administered within 72 hours before

the date they need to physically enter the Wilson Building or any workspace where

                                          5

                                                            ENROLLED ORIGINAL

Council work is being conducted, including a community event. Proof of a negative

test must be provided every seven calendar days starting the week before return to

the Wilson Building, or starting November 1, 2021 if an employees regular duties

require the employee to attend community events.

Acceptable test results include:

         1. Evidence of a polymerase chain reaction (PCR) test taken within 72

            hours before physically entering the Wilson Building or any workspace

            where Council work is being conducted; or

         2. Evidence of a past positive COVID-19 test result within 90 days before

            physically enter the Wilson Building or any workspace where Council

            work is being conducted.

Currently, COVID-19 testing is free in the District of Columbia. The Council will

not pay for the cost of testing unless otherwise required by law. Mandatory testing

and reporting of testing results shall be required until further notice.

Individuals with a positive test result must remain at home and immediately

contact their supervisor for further instructions.

                                         6

                                                             ENROLLED ORIGINAL

                 COUNCIL OF THE DISTRICT OF COLUMBIA

                      OFFICE OF THE SECRETARY

                        Request for Vaccine Exemption

                            Accommodation Form

Full name _______________________________ Email ____________________________

Supervisors name ______________________ Employee ID ___________________

Per the Councils Vaccination Policy, employees who are unable to receive the

COVID-19 vaccine for specific medical or religious reasons, must request an

exemption, and obtain a decision from H.R. on the request for an exemption

accommodation before physically entering the John A. Wilson Building or any

workspace where Council work is being conducted, including a community event.

Please check the reason you are requesting an exemption accommodation:

            Medical reasons

            Religious reasons

Please describe the reason for your requested exemption. The H.R. Director will

follow up if additional documentation is needed.

You may not physically return to the Wilson Building or any workspace where

Council work is being conducted, including a community event, until you have

received a decision of approval. Employees who have been approved for an

exemption accommodation will be required to continue to follow all COVID-19

testing requirements as specified in the Councils Vaccination Policy.

Employee Signature: _______________________________________ Date: ___________

Please submit this form directly to Valerie Wilkins, H.R., Director via email at

vwilkins@dccouncil.us. To maintain privacy, DO NOT include others on your

communication when submitting. If you have any questions, you may contact

Valerie Wilkins.