Hamilton council votes in favour of mandatory vaccine policy for city staff

Hamilton city council has voted in favour of a mandatory COVID-19 vaccination policy that will require all employees, volunteers and councillors to provide proof of their vaccine status by Sept. 15.

Any staff member who has not received a dose or shared their shot status by that date will be required to attend a session on the benefits of vaccination and then provide evidence of a first dose by Sept. 30.

It's mandatory that all staff must be fully vaccinated by Nov. 1, according to the policy.

However, that does not mean workers will be fired if they don't have their shots.

Staff who don't have shots will be evaluated on a case-by-case basis and have to take regular tests.

"At the end of the day, if employees continue to choose not to get vaccinated or are not able to get vaccinated, they still have to undergo COVID testing," said Lora Fontana, the city's executive director of human resources.

The city says its policy applies to people working from home and at city site. Staff who don't comply will have to attend a meeting along with their union representative and could face discipline.

However, what exactly that entails has been left vague, which Fontana said is because the policy was never meant to be punitive.

"Quite frankly, we aren't intending on terminating employees as a result of not vaccinating," she explained. "We want to work with employees, we want to support them and balance that with other employees that are vaccinated."

The mandate passed Thursday with a vote of 13-1 during a special council meeting.

Ward 7 Coun. Esther Pauls was the lone vote against the policy.

"These are painfully difficult decisions," said Mayor Fred Eisenberger.

"I think we can all agree this whole process has been painfully difficult for everyone involved and we have to find a path through this."

Council spent much of the meeting behind closed doors receiving legal advice on the policy.

"I know this will likely be challenged somewhere along the line … I would say we're on the right side of the issue," said Eisenberger, before the vote.

Unions raise questions, concerns

Fontana said the city reached out the the unions for its employees in a letter sent last Thursday, but had only heard back from one of them — CUPE 5167, which represents indoor and outdoor workers.

She characterized their conversations as "positive," but a statement on the union's website Thursday said the policy left "many unanswered questions."

"Who will be responsible for the cost of any tests? What are the consequences for non compliance?" it asked, along with a request for confirmation on whether workers would get sick pay if they took a day off following a shot.

The union said it's requested a meeting with Fontana and planning an information session for workers next week.

Ahead of the meeting Eric Tuck, president of Amalgamated Transit Union (ATU) Local 107, described such a policy as "draconian."

The union represents about 1,000 transit workers who are employed by the city and released a statement on Monday saying while it encourages members to get vaccinated, it's "fundamentally opposed to mandatory" shots.

It called the policy "heavy-handed," adding "to arbitrarily mandate vaccinations, violates personal rights and the freedom of choice with respect to the sanctity of one's own body."

Asked by Ward 9 Coun. Brad Clark how the city's mandate balances informed consent with safety for staff and the public, Fontana said the policy ultimately leaves the decision in the hands of individual employees.

"If they don't want to get vaccinated that is their choice," she said. "We're not forcing them to get vaccinated, but what it will mean is that they will have to go through our mandated education session and they will have to go through regular COVID testing."

Fontana added that the disciplinary section of the policy is meant to help manage cases.

"We need these provisions in the policy to help us manage these more challenging cases."

Council pushes province for guidance

Hamilton's policy applies to all of the city's roughly 7,000 workers, including those working on a permanent, temporary, full-time, part-time, or casual basis, and even volunteers and students. Member of council are also required have shots under the mandate.

Exceptions can be granted based on human rights or medical grounds, the city said. 

Hamilton police announced a similar approach on Wednesday, saying all members must provide their shot status to the department by Oct. 4 and anyone without a vaccine by that time must take part in regular testing. Toronto has also revealed a mandatory vaccine policy.

Some details of the city's plan have yet to be finalized, including how often someone who isn't vaccinated must be tested for the virus.

Fontana was not able to immediately provide what percentage of the city's workforce is fully vaccinated, but city manager Janette Smith said it's likely comparable to Hamilton's overall rate, which is around 71 per cent.

Smith pointed to long-term care homes, where staff are already provincially mandated to be vaccinated. Roughly 90 pre cent of staff at both city-run sites are vaccinated, she said.

The city is hoping for a similar percentage among the rest of its employees.

The next group the city will begin looking at around vaccination is city contractors who interact with the public, according to Smith.

Council also voted unanimously in favour of a motion brought by Ward 9 Coun. Brad Clark calling on the province to provide legislation or guidance so municipalities can create consistent COVID-19 vaccination verification policies.

"Since we don't have that, every municipality is being put basically at risk and [left] to their own devices to come up with a policy they believe is balanced and will withstand appeals," he said, adding he felt Hamilton's policy walked that line, but it was "disheartening" to be put in that position.