{"id":"MET-PHX-002","kind":"order","level":"city","jurisdiction":"City of Tucson, Arizona (with State of Arizona, Attorney General)","state":"AZ","metro":"PHX","industry":"","agency":"","eco":"","issuer":"Tucson Mayor and Council (Ordinance No. 11869) and Tucson City Manager (Administrative Directive No. 2.03-7), as recorded in Arizona Attorney General Investigative Report No. 21-003 (Mark Brnovich, Attorney General; Brunn W. Roysden III, Solicitor General)","authority":"Tucson Charter (charter city powers); A.R.S. 41-194.01 (SB 1487) for the report","instrument":"Ordinance No. 11869 (Aug. 13, 2021) and Administrative Directive No. 2.03-7 (Aug. 13, 2021); Attorney General Investigative Report No. 21-003 (Sept. 7, 2021)","title":"Whether the City of Tucson Ordinance 11869 violates A.R.S. 36-114, 36-184, 36-681 (effective 9/29/2021), or 36-787, or the Governor\u0027s Executive Order 2021-18","dateIssued":"2021-08-13","effective":"2021-08-13 (emergency clause, section 7); compliance deadline 2021-08-24 4:00 p.m.","end":"Enforcement suspended by the City in early September 2021 after the report; resumed after the Sept. 27, 2021 ruling voiding A.R.S. 36-681; Council vote of Oct. 19, 2021 on termination is post-period","startDate":"2021-08-13","endDate":"2021-09-27","quarters":["2021Q3"],"types":["VAX","EMP"],"addressees":["all City of Tucson employees (about 4,000)"],"clause":"On August 13, 2021, however, Tucson adopted an ordinance requiring employees to provide proof of vaccination for COVID-19 by 4:00 p.m. on August 24, 2021.... The Council included an emergency clause in the Ordinance at section 7, making it effective immediately upon its passage and adoption.... Tucson imposed a five-day suspension without pay on employees who do not provide proof of vaccination, or seek a disability accommodation, medical exemption, or religious accommodation by August 24, 2021.... The Attorney General has determined that the Ordinance does violate A.R.S. 36-681 (effective 9/29/2021) for purposes of 41-194.01(B)(1), and the Ordinance directly conflicts with E.O. 2021-18. Tucson must rescind the ordinance.","enforcement":"Five-day suspension without pay for non-compliant employees (ordinance); State shared revenue withheld under A.R.S. 41-194.01(B)(1)(a) unless the City resolved the violation (report)","functions":["WF workforce of the City (vaccination status as a condition of continued work)","HR","CB counterparties dependent on City services (police, fire, water, permitting)"],"notes":"Report recites SB 1824 (Laws 2021, ch. 409, s. 13) adding A.R.S. 36-681 and 36-682 with a general effective date of Sept. 29, 2021, and EO 2021-18 (Aug. 16, 2021) providing that cities may not implement a COVID-19 vaccine requirement in violation of SB 1824 before that date. Footnote 1 acknowledges informal AG Opinion I21-003 questioned whether the Governor could preempt local resolutions by Title 26 executive order.","sourceUrl":"https://www.azag.gov/sites/default/files/2025-02/Tucson%20Vaccine%20Mandate%201487%20Report.pdf","snapshot":"","fileExists":true,"fileBytes":194334,"grade":"primary","character":"","description":"","collection":"MET-PHX","url":"/library/MET-PHX-002","exhibitUrl":"/exhibit/MET-PHX-002","citation":"Tucson Mayor and Council (Ordinance No. 11869) and Tucson City Manager (Administrative Directive No. 2.03-7), as recorded in Arizona Attorney General Investigative Report No. 21-003 (Mark Brnovich, Attorney General; Brunn W. Roysden III, Solicitor General), Ordinance No. 11869 (Aug. 13, 2021) and Administrative Directive No. 2.03-7 (Aug. 13, 2021); Attorney General Investigative Report No. 21-003 (Sept. 7, 2021) (Ex. MET-PHX-002)","stateName":"Arizona","related":["MET-PHX-035"]}