Tucson vaccine mandate spawns TPD union to file lawsuit against city

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TUCSON (KVOA) – The Tucson Police Officers Association is filing a lawsuit against the city of Tucson over its mask requirement policy.

According to the complaint, TPOA says it violates state laws and its collective agreement with the city. They also requested an injunction to stop the mandate from taking effect.

They argue this is a violation of their current collective bargaining agreement, which expires at the end of next month.

RELATED: Mayor Romero: Ducey’s new executive order is “legally meaningless,” the city’s vaccine guidelines remain in place

The city mandate requires that at least 750 of the remaining unvaccinated city servants receive their first vaccination by Friday. Otherwise, the mandate will go into effect, which could result in a five-day ban if staff refuse a shot by Aug. 24.

Tucson City Council approved the action 6-1 last Friday.

“We have a legal obligation, a legal obligation to provide and maintain a safe and healthy workplace for our employees,” said Tucson Mayor Regina Romero.

In TPOA’s letter to the court, they argue that the city is breaking its contract when it comes to negotiating in good faith.

Specifically, they say that the need for a vaccine means a change in working conditions.

TPOA posted a statement on the city’s decision on their Facebook page, stating:

“We take the pandemic seriously,” said the group. “We also take our workers’ rights seriously. The city made this decision outside of the normal meeting-and-conference process and without considering the various collective agreements that regulate changes in working conditions.”

As COVID-19 cases continue to rise in the Tucson community, Mayor Romero said the decision not to vaccinate is no longer just personal health.

“It unfairly exposes others to the risk of disease, including staff and members of the public,” said Romero.

TPOA says the decision to vaccinate is extremely complicated and deeply personal, and says on their Facebook page:

“We call on the city to postpone this policy. Our police and fire service personnel have been pushed to their limits in the last year and a half. Now is the time to stand together and not make rash decisions.”

A hearing is scheduled for Thursday at 2 p.m. and the city is expected to decide on the mandate’s injunction by Friday at the latest.

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