Select Board Approves Vaccine Mandate For Belmont Town Workers

Photo: Vaccination is a requirement for town employees

The Belmont Select Board voted unanimously Monday night, Oct. 18 to mandate all town employees to be vaccinated for Covid-19.

But the requirement will likely take at least a month, if not longer, before it goes into effect as the town must complete impact bargaining with the seven labor unions representing the 300 full- and part-time municipal employees. During those talks, it will be determined what administration action will be taken against workers who remain unvaccinated.

“This is a public health emergency,” said Select Board Chair Adam Dash before the vote. “I think [the board] need[s] to stand strong and do the right thing.”

“The goal here is for people to get vaccinated and stay employed. They’ve sacrificed quite a lot in their lives to [be in public service] and this is one of those things for the greater good,” Dash said.

The town mandate comes after the Belmont School Committee approved an agreement on Sept. 10 with the Belmont Education Association to require teachers and school staff to be vaccinated.

Spurring the board’s vote was the lastest data on Covid-19 infection rates in Belmont. Data (see at the bottom of the article) compiled by Public Heath Agent Lindsey Sharp showed higher 2021 infection rates than in the same month in 2020. For instance, while there were 11 new cases in August 2020, Belmont recorded 96 in 2021. And since June of this year, Belmont has seen 233 new cases, with nearly half being breakthrough cases occurring to residents who are fully vaccinated.

Sharp said the surge in the past few months are likely related to the highly virulent delta variant of the virus and the reopening of schools and businesses during the summer and fall. “There’s just more people out and about doing activities, traveling,” said Sharp.

In a voluntary survey of employees conducted by the town’s Human Resources Director Shawna Healey, a little more than a third participated of whom all said they have received at least one shot of the Covid-19 vaccine. The town’s Labor Counsel Brian Maser told the board it could require the other employees to provide their vaccination status by exercising its managerial prerogative as part of a vaccination mandate.

But even if the board went that route, “what does that get us?” said the Board’s Mark Paolillo. If, for example, 80 percent of employees are vaccinated, “what do we do with the other 20 percent?”

“I hate to mandate anything but these employees work for the town and we have to consider the safety of our residents,” said Paolillo. Saying there has been “chatter” on Facebook that the board is seeking to control worker’s lives, Paolillo “we’re just trying to protect the public.”

Vice chair Roy Epstein suggested a possible two track approach used at health sites such as the Boston Medical Center in which unvaccinated employees are required to be tested once or twice a week if they choose not to comply with notification requirements or outright refusal. But Paolillo countered that while religious or medical exemptions can be part of the measure, the board needed to take a strong stance on vaccinations.

“I just don’t think halfway [measures] helps anything. It’s either fully mandate or you don’t,” said Paolillo who backed Dash’s amendment.

The most notable of public comment came from resident Joseph Kelly who has questioned the vaccine mandates in Belmont at other venues, saying “there are a lot of things, short term and long term, that we don’t understand yet“ about the Covid vaccine, citing side effects to young recipients and a myriad of other issues. He also noted what he called the “Nuremberg Code” that he said that a person cannot be forced or coerced to be part of this “medical experiment” which, if the employee mandate is passed, would result in a person losing their job.

[Editor’s note: USA Today has produced a fact sheet on the Nuremberg Code and the misinterpretation of its main tenet.]

One area the board expressed concern was what to do with employees who flatly refuse taking the vaccine after an agreement is approved. While not wanting to fire an employee, Maser told the board it can follow the state’s mandate for its executive branch employees. Those who do not comply by a specific date would be placed “on leave” status when they would be required to use their accrued benefits charge, basically their holiday and other time off. When that is expired, those employees are not meeting the condition of employment and faces progressive discipline and ultimately termination.

Town Administrator Patrice Garvin said the practical issue facing the town is negotiating with seven unions who will could have different demands or requirements before signing an agreement with the town. Maser advised the board not to set a date certain that is at least four weeks from the vote for the mandate to take effect. It was agreed that after informing the unions of the vote on Tuesday, the board will meet in executive session next week with Garvin, Healy and Maser to discuss strategy relative to what the town’s proposal to bring to the bargaining table.

Letter To The Editor: Belmont Needs Common Sense Policy On Student Covid Vaccination Mandate

Photo: The author believes Belmont should adopt a common sense approach to student vaccinations

To the editor:

In the last year and a half, I’ve made it a point to call my elderly Aunt Helen every week. Our conversations touch on a wide range of topics: politics, stories about my parents I’d never heard before, and regular family updates. Lately, Helen has shared stories that are more personal: experiences with her mentally ill father and her unfaithful husband whom she divorced, and sexual harassment and gender discrimination as a working single mom. Recently, I asked her, “How did you manage to get through all of that?”  Helen laughed and said, “I just thought of the story about the little engine that could and I told myself, I can, I must, I will.”  

Belmont needs a little of my Aunt Helen’s can-do attitude right about now. For the third school year in a row, we’ve struggled to maintain focus on where we want to be in the future and how to get there from a policy perspective. To be fair, the national political and scientific landscape is complex, dynamic, and divisive, and “guidance” from the state has been slow to come and sometimes unhelpful. As a consequence, our small town has become torn about the best ways to keep everyone safe and to return to a “normal life” whatever that means going forward.

We can and must do better. For starters, as it did with the universal indoor mask mandate, the Board of Health should follow the advice of the CDC and the American Academy of Pediatrics by enacting a policy that mandates vaccinations against COVID-19 among all BPS students who are approved for vaccines by the FDA, presently 16 and older. Based on recent data provided by Belmont Superintendent John Phelan, student vaccinations seem to be stuck at the 80 percent mark, which means that hundreds of students who are eligible for vaccines have not yet gotten them. This represents a significant risk to public health and must be addressed.  

A vaccine mandate for students who are 16 and older will not ensure that all age-eligible students will get vaccinated, but it will send a powerful message to students and families that vaccines are normal and expected for participation in the Belmont Public Schools for all age groups once the FDA determines that the vaccine is safe. The policy can be written in such a way that families will know that they need to prioritize getting their children vaccinated as soon as their age brackets are approved under Emergency Use Authorization because, eventually, all age brackets will be approved by the FDA. This kind of policy will make it unnecessary for the School Committee to make vaccine policy in an ad hoc way every time a new age group gets approved, leaving time to discuss other essential business, such as academic achievement and the social-emotional wellbeing of our students, both of which have suffered in the last two years. 

A vaccine mandate, especially if the policy is enacted with a deadline before Thanksgiving, will not only make schools safer for students and their families by reducing the number of students who will become seriously infected as we head into the winter, it will also be a sign of good faith to our school nurses, the members of the Belmont teachers’ union, and other bargaining units who have agreed to mandatory vaccines that the community cares about their workplace safety.  

More than anything, by using its authority to enact this policy, the Belmont Board of Health will help us take a step in the direction of a future we all want for our children and ourselves, a world in which our children can play and attend school largely without masks and without dread of serious illness and death. As a small town with a strong commitment to local governance, we don’t need to wait for the Massachusetts Legislature, which we heard recently from State Senator Will Brownsberger will defer to the state’s Department of Public Health, to issue this common-sense policy. We can and we must take this important step ourselves to protect our community.   

Jeff Liberty

Worcester Street

Select Board Defers Vote On Vaccine Mandate, Fines For Unmasked Patrons

Photo: Debate over creating fines for violation of Belmont’s mask mandate has been delayed ‘til Sept. 20.

The Belmont Select Board decided at its scheduled meeting Monday, Sept. 13, to delay action on a pair of recommendations from the town’s Health Board mandating vaccinations for town employees and imposing fines on businesses and managers of public spaces which don’t enforce the town’s indoor mask requirement.

“We do not disagree with the recommendations necessarily. We’d like to get a little more data,” said Select Board Chair Adam Dash.

“We’re not disagreeing with the recommendations necessarily. We’d like to get a little more data,” said Select Board Chair Adam Dash.

The first recommendation would require all town employees to receive the Covid-19 vaccine. The second would impose a fine of $300 on businesses or large residential housing complexes which doesn’t enforce the town’s mask mandate.

Wesley Chin, Belmont’s Health Department director, said the pair of unanimous 3-0 votes were approved with the understanding the Select Board, working with the town’s Human Resources Department, would consult with the Town Counsel on implementing the employee mandate which would require negotiating with 11 of the town’s 12 unions. The Belmont Education Association last week approved a mandate for its members.

But before the Board could debate the mandate, the members tabled the recommendation after hearing from Town Administrator Patrice Garvin. She said both George Hall, the town’s general counsel, and the local Labor Council were asking the Board to wait on any vaccine requirement “because they’re still running some things down, especially with President Biden’s mandate.”

While saying he “conceptionally supports” the measure, Board member Mark Paolillo wanted to know if it was even in the town’s “purview to do something like this and how employees would react.”

Chin turned to the fines saying the addition of financial penalties to violations of the town’s face mask mandate were considered after his department received a number of complaints from concerned residents that “people just not wearing masks in indoor places that the public can access.”

Under the proposed amendment, if an incident is reported to the health department and the violation is observed, the Health Department would first provide a written warning to the business owner or manager. Subsequent violations would result in the issuance of a $300 fine for failure to comply with the mandate “to put pressure and motivate businesses to enforce massive mandates … inside of their locations,” said Chin.

Dash said establishing a financial sanction is not new. The town’s emergency order number two from March 2020 which created the mandate has similar language about the $300 fine but under that order the penalty was on the individual, not the store owner or manager.

“So the rationale is to change in focus: let’s put the pressure on the businesses to remind people that they have to wear masks,” said Dash who recalled his wife telling him when she visited a large store in town where “almost nobody was wearing a mask.”

“We’ve seen exactly what you’re talking about that some of these businesses were blowing it off entirely, said Dash.

When she asked who was enforcing the mask mandate and an employee said the workers were told not to do anything about it, as managers would enforce it. “‘Where’s the manager? He’s in the back,’” Dash was told. “So they’ve signs up on the door but no one was doing anything and no one was wearing masks,” he said.

In the case of residential buildings, Chin said complaints are coming from residents in larger apartment buildings where they were concerned about unmasked residents in common areas such as lobbies, fitness clubs, lounges, and hallways. “Apparently we’re not enforcing the rule,” the resident told Chin.

While understanding the need for fines to enforce compliance of the emergency health code, Paolillo also recognized the difficulty of having “a high school kid behind the register” attempt to manage and enforce the code.

The board also highlighted the difficulty of actually catching those violating the mask mandate in the act as the Heath Department is already burdened with multiple tasks to observe a meaningful number of violations and the police are busy with public safety.

“While virtually every Belmont business does have signs but [do they have] the staffing to confront potential violators is a real open question,” said Board member Roy Epstein, who noted to the board that with the general trend of positive Covid-19 cases falling, a mandate could be unnecessary in the near future.

With questions remaining unanswered, Dash proposed a joint meeting with the Board of Health on Sept. 20 to allow for a “give and take” on the issues.

“Then we might have some information on a vaccine mandate from the town counsel and labor councils at that point, maybe we can have a more comprehensive discussion,” said Dash.