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HomeMy WebLinkAbout24-22RESOLUTION 24-22 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING THE COVID-19 VACCINATION AND TESTING POLICY FOR TOWN EMPLOYEES, COUNCIL MEMBERS, AND PLANNING COMMISSIONERS WHEREAS, on March 16, 2020 the Town of Los Altos Hills issued a Proclamation of Local Emergency finding that the existence and threat of COVID-19 in the community; and WHEREAS, the County of Santa Clara established and will operate an Isolation and Quarantine Program. The Program assists all residents of Santa Clara County isolate if they have tested positive for COVID-19 or quarantine if they have been in close contact with a COVID-19 positive person; and WHEREAS, on January 21, 2021, the City Council approved the first amended agreement with the County of Santa Clara to extend the Countywide Isolation and Quarantine Support Program through June 30, 2021; and WHEREAS, update as of December 28, 2021, The County of Santa Clara Health Officer issued a health order requiring up-to-date COVID-19 vaccination for workers in certain high-risk settings in light of the rapid surge in cases due to the Omicron variant; and WHEREAS, the policy for the Town of Los Altos Hills follows the Centers for Disease Control (CDC), the California Department of Public Health (CDPH), and the Santa Clara County Health Officer Health Orders; and WHEREAS, the Town will provide Supplemental Paid Sick Leave (SPSL) through September 30, 2022 and retroactively apply the benefit to January 1, 2022 in compliance with Senate Bill 114. A Town employee will be provided 40 hours of Supplemental Sick Leave time if an employee is unable to work or teleworlc due to any of the following reasons: attending a COVID-19 vaccine or booster appointment for themselves or a family member; experiencing symptoms or caring for a family member experiencing symptoms related to a vaccine or booster; subject to quarantine or isolation; caring for a child whose school or place of care is unavailable due to COVID-19. An additional 40 hours of SPSL will be provided if: employee tests positive for COVID-19; employee is caring for a family member who tests positive for COVID-19. The use of ARPA funds will be utilized for supplies, testing and supplemental sick leave; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the Town of Los Altos Hills hereby adopts the Town's Vaccination and Testing Policy and Procedures as attached in Exhibit A. The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 17th day of February 2022 by the following vote: AYES: Tyson, Swan, Mok, Schmidt, Tankha NOES: None Resolution 24-22 Page 1 ABSTAIN: None ABSENT: None BY: eorge Tyso , M r ATTEST: eborah Padovan, City Clerk Resolution 24-22 Page 2 LOS ALTOS M0 Mandatory COVID-19 Vaccination and Testing Policy CALIFORNIA TO: Town Employees, City Council, and Planning Commission Effective Date: Thirty (30) days after City Council adoption Approved by City Council February 17, 2022 I. Purpose The Town is adopting this COVID-19 mandatory vaccination policy as an emergency public health response to mitigate the negative public health consequences associated with increased incidents and test positivity rates and the prevalence of new COVID-19 variants, including increased hospitalizations, intensive care unit ("ICU") admissions, and deaths. This policy is intended to effectuate positive public health outcomes in the Town of Los Altos Hills and the County of Santa Clara by reducing the likelihood of hospitalizations, ICU admissions, and deaths at health care facilities within the region. According to the federal Centers for Disease Control (CDC), the California Department of Public Health (CDPH), and the Santa Clara County Health Officer, COVID-19 continues to pose a risk, especially to individuals who are not fully vaccinated, and certain safety measures remain necessary to protect against COVID-19 cases and deaths. Vaccination is the most effective way to prevent transmission and limit COVID-19 hospitalizations and deaths. Unvaccinated personnel are at greater risk of contracting and spreading COVID-19 within the workplace and Town facilities, and to the public that depends on Town services. This policy is intended to comply with all County, State and Federal regulations and public health orders. In the event such regulations or health orders are in conflict with this policy, such regulations and health orders shall prevail. II. Definitions COVID-19 Vaccine: A vaccine to prevent COVID-19 that is: (1) administered under emergency use authorization from the Food and Drug Administration (FDA); (2) approved by the FDA; or (3) listed for emergency use by the World Health Organization. This also includes any boosters consistent with manufacturer instructions and applicable agency approval, authorization, or listing. Fully Vaccinated: It has been at least two weeks since the person has completed the entire recommended series of a COVID-19 Vaccine, which means either a second does in a two -dose series or a single dose COVID-19 vaccine, including any combination of two doses of a COVID- 19 Vaccine that is approved or authorized by the FDA, or listed as a two -dose series by the WHO. For example, as of the date of the most recent update to this memorandum, the person would be Fully Vaccinated at least two weeks after receiving a second dose of the Pfizer or Moderna COVID-19 vaccine or two weeks after receiving a single dose of the Johnson & Johnson COVID- 19 vaccine. Resolution 24-22 Page 3 Certified Vaccinated: A person who is Fully Vaccinated and has provided proof to the Town's Human Resources Department of the individual's Fully Vaccinated status in one of the following forms: a) A Vaccination Card issued by the CDC or a foreign governmental jurisdiction which includes the name of the person vaccinated, the type of vaccine provided, and the date(s) the dose or doses were administered; b) A photo or copy of a Vaccination Card either as a hardcopy or stored on a phone or electronic device; c) Documentation of vaccination from a healthcare provider; or d) A personal digital COVID-19 vaccine record issued by the State of California and available by going to https://myvaceinerecord.cdph.ca.gov/ or similar documentation issued by another state, local, or foreign governmental jurisdiction. Not Certified Vaccinated: A person who has not been Certified Vaccinated by a designated representative in the Town's Human Resources Department. Up -to -Date means that both of the following are true: 1. A person is (1) Fully Vaccinated and (2) Has also obtained any booster doses of a COVID- 19 Vaccine for which they are eligible as authorized or approved by the FDA, within 30 days of becoming eligible. For example, as of the date of the most recent update to this memorandum, individuals aged 16 or older who received their second dose of the Pfizer or Moderna COVID-19 Vaccine more than six months ago are eligible for and must obtain a booster shot to be Up -to -Date, while individuals who received one dose of the Johnson & Johnson COVID-19 Vaccine more than two months ago are eligible for and must obtain a booster shot to be Up -to -Date. 2. A person who is Up -to -Date and has provided proof of the individual's Up -to -Date status to the Town's Human Resources Department, in one of the following forms: e) A Vaccination Card issued by the CDC or a foreign governmental jurisdiction which includes the name of the person vaccinated, the type of vaccine provided, and the date(s) the dose or doses were administered; f) A photo or copy of a Vaccination Card either as a hardcopy or stored on a phone or electronic device; g) Documentation of vaccination from a healthcare provider; or h) A personal digital COVID-19 Vaccine record issued by the State of California and available by going to https:Hmyvaccinerecord.cdph.ca.gov/ or similar documentation issued by another state, local, or foreign governmental jurisdiction. III. Policy To protect Town Employees, Councilmembers, and Planning Commissioners and all members of the public, the Town will require all Town Employees, Councilmembers and Planning Commissioners who work in Town facilities on a regular basis to, within 30 days of the Effective Date of this Policy, be Certified Vaccinated and Up -to -Date on boosters for which they are eligible. Resolution 24-22 Page 4 Town Employees, Councilmembers and Planning Commissioners who are exempt from this vaccination mandate, due to a disability, or sincerely held religious belief, practice or observance, and further described in Section IX, are required to participate in weekly testing and submit the test results to the Town's Human Resources Department. IV. Town Employee Vaccination Procedures The Town requires that all Town Employees who work at Town facilities on a regular basis adhere to the following requirements: 1. Within thirty (30) days of the Effective Date of this Policy, all current Town Employees must be Certified Vaccinated and Up -to -Date on boosters, unless they have a pending or approved exemption.' 2. All newly hired Town Employees must be Certified Vaccinated and Up -to -Date on boosters, prior to their start date with the Town, unless they have a pending or approved exemption. 3. Town Employees who are not eligible for a COVID-19 Vaccine because they previously contracted the virus must be Certified Vaccinated within one month of becoming eligible. 4. Town Employees who wish to apply for an exemption shall submit a request for reasonable accommodation to the Town's Human Resources Department, as further described in Section IX. 5. Town Employees who are actively seeking a COVID-19 vaccine or boosters must report to the Town's Human Resources Department, and are required to participate in weekly testing until they are Certified Vaccinated and Up -to -Date on boosters. 6. Town Employees who work at Town facilities on a regular basis should obtain vaccines, including boosters, through their regular healthcare provider such as Kaiser, Anthem, PERS Care or another provider. COVID-19 Vaccines are also available at several retail pharmacies or at the County's vaccination sites. Information on the COVID-19 vaccines and how to obtain vaccination is available at sccfreevax.ora. 7. The Town will cover costs for Town Employees to get a COVID-19 Vaccine and booster so the required COVID-19 vaccine and booster may be obtained by the Town Employee at no cost. A Town Employee will also be provided with Supplemental Paid Sick Leave through September 30, 2022 and retroactively apply the benefit to January 1, 2022, in compliance with Senate Bill 114. A Town Employee will be provided up to 40 hours of Supplemental Paid Sick Leave time if they are unable to work or telework due to any of the following reasons: employee is attending a COVID-19 vaccine or vaccine booster appointment for themselves or a family member; employee is experiencing symptoms or caring for a family member (including a child, grandchild, grandparent, parent, sibling, or spouse) experiencing symptoms related to a COVID-19 vaccine or vaccine booster; employee is subject to a quarantine or isolation period related to COVID-19 (as ordered by a health care provider or by state/federal guidance); employee is caring for a child whose 1 If a person will not work for an extended period due to a leave of absence (such as for FMLA leave or pregnancy disability leave), they may contact the Town's Human Resources Department to request deferral of this Policy until they return to work. If a person is granted a deferral, they must be Fully Vaccinated and Up -to -Date, or have an ap- proved exemption by the time they return to work. Resolution 24-22 Page 5 school or place of care is unavailable for reasons related to COVID-19._A Town Employee will be provided an additional 40 hours of Supplemental Paid Sick Leave if. employee tests positive for COVID-19; employee is caring for a family member who tests positive for COVID-19. V. Town Employee Testing Procedures 1. All Town Employees who are Not Certified Vaccinated and Up -to -Date on boosters within thirty (30) days of the Effective Date of this Policy because they are seeking exemption from the vaccine mandate, are exempt from the vaccine mandate, or are not eligible for a COVID-19 Vaccine, are required to participate in weekly testing and submit the test results to the Town's Human Resources Department, as further described in Appendix A. 2. If an Employee is required to participate in weekly testing under the terms of this policy, the Town will cover the costs for Town Employees to obtain weekly testing, and will authorize the Town Employee to obtain testing during work hours. 3. Town Employees who are required to participate in weekly testing, who have tested positive for COVID-19, are not required to be tested weekly for COVID-19 for the 90 -day period following the positive COVID-19 test. Upon expiration of the 90 -day period of testing positive for COVID-19, Town Employees who are Not Certified Vaccinated and are exempt from the vaccination mandate must resume weekly COVID-19 testing. 4. Town Employees who test positive shall be required to return to their home or place of residence and not report back to work until such time as they have satisfied the return -to - work, requirements as described in the Town's COVID-19 Prevention Program (as specified by CalOSHA). Town Employees who test positive for COVID-19, who are not working remotely, shall use their Supplemental Paid Sick Leave. If a Town Employee has used all available Supplemental Paid Sick Leave, and are not entitled to exclusion pay under CalOSHA Emergency Temporary Standards, they shall use their standard paid sick leave and may be entitled to other_pa and benefits. 5. Town Employees who are exempt from the vaccine mandate and required to receive weekly testing, but who are on approved leave, shall not be subject to weekly testing until they return to work. Town Employees returning to work after a leave of one week or more shall either A) Provide proof of a negative test result for a test taken no less than 72 hours prior to returning to work, or B) Complete testing immediately upon arrival to work. 6. In the event that State or Federal regulations, County public health orders, or requirements of any certifying agency of a Town program or service requires employees to be tested more frequently, Town Employees shall be required to test in compliance with such regulations, orders, or requirements. VI. Enforcement Town Employees who work at Town Facilities on a regular basis fail to comply with this Policy shall not be permitted to perform work at Town worksites or facilities. Town Employees will be required to take unpaid leave or use their own paid leave (vacation, management leave, compensatory time) to provide for their continued compensation throughout the period during which they fail to comply with this Policy. Refusal to comply with this Policy, or continued failure Resolution 24-22 Page 6 to adhere to the timelines set forth herein, may result in disciplinary action for Town Employees, up to and including termination. The Human Resources Department will be responsible for obtaining and maintaining confidential records of employee vaccinations, and test results and following all steps as outlined in the Town's COVID-19 Prevention Program to isolate the employee and prevent workplace exposures. Department Head, or designated management employee, shall be responsible for assisting the Human Resources Department to implement this Policy. VII. Procedures for Councilmembers and Planning Commissioners The Town requires that all Councilmembers and Planning Commissioners who work at Town facilities on a regular basis adhere to the following requirements: 1. Within thirty (30) days of the Effective Date of this Policy, all current Councilmembers and Planning Commissioners must be Certified Vaccinated and Up -to -Date on boosters, unless they have a pending or approved exemption. 2. All new Councilmembers or appointed Planning Commissioners must be Fully Vaccinated and Up -to -Date on boosters, prior to their start date with the Town, unless they have obtained an approved exemption prior to their start date. Councilmembers and Planning Commissioners who are not eligible for vaccination because they previously contracted the virus must receive the COVID-19 Vaccine within one month of becoming eligible. 3. Councilmembers and Planning Commissioners who wish to apply for an exemption shall submit a request for reasonable accommodation to the Town's Human Resources Department, as further described in Section IX. 4. Councilmembers and Planning Commissioners should obtain a COVID-19 Vaccine, including boosters, through their regular healthcare provider such as Kaiser, Anthem, PERS Care or another provider. They are also available at several retail pharmacies or at the County's vaccination sites. Information on the COVID-19 vaccines and how to obtain vaccination is available at sccfreevax.org. VIII. Public Meeting Attendance At this time, Town meetings are held remotely pursuant to Assembly Bill ("AB") 361 requirements and notices and any Town Employee, Councilmember or Planning Commissioner may choose to attend a public meeting remotely, whether or not they are Certified Vaccinated and Up -to -Date on boosters. As long as the Town continues to make AB 361 findings, if a Town Employee, Councilmember or Planning Commissioner is not Certified Vaccinated and Up -to -Date on boosters, they may only attend public meetings remotely. IX. Limited Exemptions 1. Limited exemptions. Any person may request a reasonable accommodation to this policy if they: Resolution 24-22 Page 7 i. Have a contraindication recognized by the U.S. Centers for Disease Control and Prevention (CDC) or by the vaccine's manufacturer to every authorized and approved COVID-19 vaccine. A contraindication means a condition that makes vaccination inadvisable, or ii. Have a disability and are requesting an exception as a reasonable accommodation; or iii. Objection based on their sincerely held religious belief, practice, or observance. 2. How to request exemption. To seek a reasonable accommodation from this Policy, please contact the Town's Human Resources Department to obtain a copy of the appropriate form. Upon submission of the form, the Town will then engage in an interactive review process for the accommodation request. The Town will not use or disclose such information, unless authorized to do so or as permitted or required under the law. X. Confidentiality of Vaccination Records and Test Results The Town will treat all vaccination records and testing results as confidential medical information and maintain such records as required by the Confidentiality of Medical Information Act ("CMIA"). Peter Pirnej ad City Manager Resolution 24-22 Page 8 Appendix A Employee Testing Guidelines I. General Provisions 1. All COVID-19 tests used to comply with this policy must be: a. Approved by the FDA under either the EUA or BLA approval process. to diagnose current infection with the virus that causes COVID-19; and b. Administered in accordance with the FDA approval. These Guidelines shall be amended in the event that Federal or State regulations, or County public health orders require testing at more frequent intervals, or otherwise specify different testing procedures. Testing options may be amended in the event that changes in test availability or State or Federal funding requirements necessitate alternative testing methods. 2. Weekly Screening Testing: Screening testing is conducted for preventative or return -to -work purposes in accordance with requirements of this Policy. The Town will provide weekly screening testing at no cost to the Town employee. Each Department Head is responsible for developing procedures regarding the scheduling and administration of testing specific to their department (which may also be specific to a division, program, or worksite). Testing results shall be submitted to Human Resources on a bi-weekly basis. II. Option #1 Self -Administered Antigen Test Kits (Available to Employees Only) 1. Self -Administered COVID-19 Test kits shall be purchased by Human Resources in coordination with the Emergency Operations Center personnel and distributed to each department based on the number of unvaccinated employees in need of weekly testing. Requests for replenishment of supplies shall be in accordance with Emergency Operations Center procedures. 2. The Department Head shall designate a manager to supervise the proper self -administration of the test kit and record the results of each test. Test results shall be submitted to Human Resources and stored as a confidential record. In the event of a positive test, the employee must be directed to receive a PCR diagnostic test as soon as possible. Except for the purpose of obtaining a PCR test, employees must adhere to self -isolation requirements pending confirmation of test results. 3. Tests shall only be conducted at Town facilities or worksites, and employees must complete their test during their regularly scheduled work hours. A private area must be arranged for employee testing when tests are scheduled. Departments within the same facility may combine staffing and facility resources to ensure efficient test administration. 4. Fully Vaccinated employees may elect to participate in weekly self-administered testing, to the extent that sufficient supplies, facilities, and staffing are available. III. Option #2 Referral to County Test Sites — PCR and Antigen (All Personnel) 1. A Department may elect to refer Town Employees to a County test site. Town Employees are responsible for scheduling their own test during their regular work hours in consultation with their immediate supervisor. Town Employees should schedule tests with closest test site Resolution 24-22 Page 9 (North County Area) with available appointments for the dates and times during which the employee is working. In the event that unusual wait times or unexpected delays prevent a Town Employee from returning to the work site within the release time provided the employee must call their supervisor prior to the time they are expected to return to inform them of the delay in order to receive additional release time. 2. In the event a Town Employee who is required to participate in testing incurs a charge at an approved test site, the Town shall reimburse the employee for the cost of the test. Charges for testing incurred by Councilmembers and Planning Commissioners shall not be reimbursed. Employees shall not be eligible for reimbursement of test costs or mileage from testing at a location not listed in Appendix B, unless the Department Head certifies in writing that no other test could be made available to the employee within a reasonable time in order to comply with this policy. IV. Option #3 Other Test Sites Town Employees may elect to obtain a PCR or Antigen test at a location of their choosing, such as their personal health provider or a local pharmacy, and present results of that test to Human Resources in lieu of one of the above options in order to comply with this policy. Town Employees shall not be eligible for paid time, reimbursement of test costs or mileage from testing at a location that is not approved by the Town. V. Diagnostic Testing Diagnostic PCR testing shall be provided at no cost to the employee when the employee: (A) Develops symptoms of COVID-19, (B) Has been in close contact with a known positive COVID-19 case, or (C) To confirm the results of a positive Antigen test. In cases where the employee was exposed to COVID-19 in the workplace, employees shall be referred to Concentra On -the -Job in Cupertino for testing (please contact Human Resources for assistance). 5066459.1 Resolution 24-22 Page 10