Senator wants Tucson investigated, with $100M-plus at stake, over employee vaccine rule | Subscriber

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By asking Brnovich to intervene, Leach does not ask the attorney general to rule on the other part of Foster’s complaint: that the council suit violates one of Ducey’s executive orders that she believes precludes local vaccine mandates. The 2016 law, with which Leach von Brnovich enforces action, allows lawmakers to scrutinize only alleged violations of state law, not government decrees.

Even so, Rankin said in his response to Foster that she is legally wrong about this claim as well.

“The governor has absolutely no legal authority to use any executive order to prevent or exclude the mayor and council from exercising their independent legislative authority under the Tucson Charter, the Constitution of Arizona, or any other Arizona law to enforce policy enact and enforce what they consider necessary and appropriate to promote and protect the health and safety of urban workers, ”wrote Rankin. He told Foster that this was the legal advice he had given councilors.

“I would hope that in your role as general counsel to the governor, you have given him the same advice on the limitations of his powers as it is clearly required by law,” said Rankin.

Regardless, Leach’s complaint forces Brnovich to weigh up.

Brnovich, a Republican Senate candidate, is hardly a blank slate when it comes to compulsory vaccination. He filed a lawsuit last month after the Biden government announced it would change work safety rules to require vaccines from all employers with more than 100 employees, calling it “a takeover”.

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