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De Blasio Threatens To Withhold NYPD Wages If Cops Defy 'Vax-Or-Test' Order
By
Jake Offenhartz
Published Sep 10, 2021
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Anna Kristiana Dave via Shutterstock
By
Jake Offenhartz
Published Sep 10, 2021
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New York City will withhold paychecks to NYPD employees who refuse to get vaccinated or submit to weekly coronavirus tests, setting off a potential legal battle between Mayor Bill de Blasio and the city's police unions.
De Blasio made the statement on Thursday, promising that if cops do not abide by the directive, which takes full effect on Monday, "eventually they’re not going to be paid."
"That's been clear for quite a while," the mayor said. "But we feel confident that we're going to have adherence and that we can make adjustments if there's any issues."
The pledge comes as vaccination rates among city workers, particularly uniformed service agencies and first responders, continue to lag behind the population they serve. As of this week, just 53% of NYPD employees have received one dose of the vaccine, compared to 79% of adults citywide. The mayor's office announced the vax-or-test rule for all city employees back in late July.
Read More: Despite 'Vax-Or-Test' Order, One Third Of NYC Workforce Has Not Been Vaccinated
On Wednesday, police department leaders circulated an internal memo reminding unvaccinated employees that they must receive a weekly PCR test starting on September 13th, in line with the mayor's executive order. It will be the employees' responsibility to get tested outside of work hours.
All four of the city's police unions have vowed to mount a legal challenge against the new mandate, reflecting a broader trend that's emerged nationwide as cities push to inoculate their first responders. This week, the White House announced new plans to require the shots for federal employees, federal contractors and some private employers.
New York's largest law enforcement union, the Police Benevolent Association, has threatened to sue the city—while arguing that officers should collect overtime for getting a test outside of work. In a letter sent to members, PBA President Pat Lynch described the vaccine as a "personal medical decision that each member must make in consultation with his or her own doctor."
But civil liberties advocates and legal experts argue that vaccine mandates are well within the legal rights of local governments.
"A legal fight is certain, but I think [de Blasio] has the authority to do it," said Victor Kovner, an attorney who previously served as Corporation Counsel for New York City.
Joel Berger, a civil rights lawyer who spent eight years in the city's Law Department, agreed: "For the uniformed services in close contact with the public — police, correction officers, firefighters — a vaccine mandate or alternative testing would be upheld by any court."He said that the mayor could even go further, ordering the police commissioner to fire any cops who don't comply with either vaccine, testing or mask mandates.
Thus far, de Blasio has stopped short of issuing the directives seen in other localities, such as Newark and Massachusetts, that require police to be vaccinated without an alternative option for testing. But the mayor has left the door open to additional restrictions, noting that the city is "climbing the ladder" when asked last week about a full vaccine mandate for cops.
"The bottom line is we're going to look at a variety of options," he added.
Tagged
COVID-19
vaccine mandate
nypd
health
bill de blasio
vaccine
Jake Offenhartz
Jake Offenhartz is a former Gothamist reporter.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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