Preview
FILED: NEW YORK COUNTY CLERK 02/10/2023 12:33 PM INDEX NO. 158266/2022
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/10/2023
EXHIBIT A
FILED: NEW YORK COUNTY CLERK 02/10/2023 12:33 PM INDEX NO. 158266/2022
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/10/2023
ORDER OF THE BOARD OF HEALTH
TO AMEND THE REQUIREMENT FOR
COVID-19 VACCINATION FOR CITY EMPLOYEES
AND EMPLOYEES OF CERTAIN CITY CONTRACTORS
WHEREAS, on March 25, 2020, the Commissioner of Health and Mental Hygiene
(“Commissioner”) declared the existence of a public health emergency within New York City to address
the continuing threat posed by COVID-19 to the health and welfare of City residents, and such
declaration and public health emergency continue to be in effect; and
WHEREAS, pursuant to Section 3.01(d) of the Health Code, when urgent public health action is
necessary to protect the public health against an existing threat and a public health emergency has been
declared, the Commissioner is authorized to issue orders and take actions that are deemed necessary
for the health and safety of the City and its residents; and
WHEREAS, on October 20, 2021, the Commissioner issued an “Order to Require COVID-19
Vaccination for City Employees and Certain City Contractors” that required all City employees, except
certain Department of Correction employees and certain employees of some City contractors, to provide
proof to the agency or office where they work that they had been vaccinated against COVID-19, and
required certain employees of some City contractors to provide the same proof to their employer (the
“October 20, 2021 Order”); and
WHEREAS, on October 31, 2021, the Commissioner issued a “Supplemental Order to Require
COVID-19 Vaccination for City Employees and Employees of Certain City Contractors,” delaying until
November 8, 2021, application of the October 20, 2021 Order for certain employees or contractors, and
requiring additional City contractors not covered by the October 20, 2021 Order to ensure that certain
of their employees, provide proof that they had been vaccinated against COVID-19 (the “October 31,
2021 Order”); and
WHEREAS, on November 1, 2021, the Board of Health ratified and continued both the October
20, 2021 Order and the October 31, 2021 Order; and
WHEREAS, as of February 1, 2023, 331,955 City employees, representing 96% of all City
employees, have completed a primary series of vaccination, and high vaccination rates correlate with
lower rates of hospitalization and death; and
WHEREAS, as of January 26, 2023, more than 6.6 million adults residing in New York City,
representing 99% of all such adults, have received at least one dose of vaccination against COVID-19,
and more than 5.9 million adults residing in New York City, representing 90% of all such adults, have
completed a primary series of vaccination, and high vaccination rates correlate with lower rates of
hospitalization and death; and
WHEREAS, the high rate of vaccination among adults in New York City has proven effective in
lessening the burden ofCOVID-19 on the City’s healthcare system;
FILED: NEW YORK COUNTY CLERK 02/10/2023 12:33 PM INDEX NO. 158266/2022
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/10/2023
NOW THEREFORE BE IT RESOLVED, the Board of Health hereby orders that the October 20,
2021 Order, and the October 31, 2021 Order, as ratified and continued by the Board of Health on
November 1, 2021, are hereby AMENDED as follows:
1. Paragraph 3 of the October 20, 2021 Order is REPEALED, so that a City employee who
does not provide the required proof of vaccination as described in paragraph 2 of that
Order no longer need be excluded from the premises at which they work.
2. Paragraph 4 of the October 20, 2021 Order, and paragraph 2 of the October 31, 2021
Order, are MODIFIED, so that a City human services contractor or other City contractor
described in those paragraphs no longer needs to require their covered employees to
provide proof of vaccination against COVID-19.
Dated: February 9, 2023
FILED: NEW YORK COUNTY CLERK 02/10/2023 12:33 PM INDEX NO. 158266/2022
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/10/2023
THE CITY OF NEW YORK
OFFICE OF THE MAYOR
NEW YORK, NY 10007
FOR IMMEDIATE RELEASE: February 6, 2023
CONTACT: pressoffice@cityhall.nyc.gov, (212) 788-2958
WITH OVER 96 PERCENT OF CITY WORKERS FULLY VACCINATED, MAYOR ADAMS ANNOUNCES
COVID-19 VACCINATION WILL BECOME OPTIONAL FOR CITY WORKERS
Over 331,000 City Workers Now Fully Vaccinated, Keeping New Yorkers Safe, City Operations
Running Throughout Pandemic
City Will No Longer Require Vaccination for DOE Visitors
NEW YORK – New York City Mayor Eric Adams today announced that — with more than 96
percent of city workers fully vaccinated against COVID-19 — the city will make vaccination
optional for current and prospective city workers effective February 10, 2023, following the
expected ratification at the next Board of Health meeting. The COVID-19 vaccine mandate for
city workers has helped keep New Yorkers safe and New York City operations running
throughout the pandemic. With the vast majority of city workers and New Yorkers vaccinated,
and more tools readily available to protect people from serious illness, the vaccine requirement
for the primary series of shots has served its purpose, driving rates of vaccination up among the
city’s workforce during a critical period in the pandemic.
“City workers stepped up tremendously throughout the pandemic,” said Mayor Adams. “From
our health care frontline workers and first responders who saved lives, to the city employees who
kept our streets clean, our schools open, and our streets safe, we owe city workers a debt of
gratitude for their service during New York City’s darkest days. With more than 96 percent of
city workers and more than 80 percent of New Yorkers having received their primary COVID-19
series and more tools readily available to keep us healthy, this is the right moment for this
decision. I continue to urge every New Yorker to get vaccinated, get boosted, and take the
necessary steps to protect themselves and those around them from COVID-19.”
“As we near our third year with COVID-19, we continue to evaluate existing measures and
adjust them as needed,” said Deputy Mayor for Health and Human Services Anne Williams-
Isom. “The city’s vaccine requirement is one such measure and has yielded significant results
with 96 percent of city workers vaccinated with the primary series. More broadly, across the city,
over 80 percent of New Yorkers have had their initial two shots. In this context, we can adjust
our guidance but continue to strongly encourage every New Yorker to take the steps that we
know help keep us and our loved ones safe and healthy — getting vaccinated, getting boosted,
FILED: NEW YORK COUNTY CLERK 02/10/2023 12:33 PM INDEX NO. 158266/2022
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/10/2023
wearing a mask when appropriate, getting tested when appropriate, staying home if sick, and
maintaining good hand hygiene.”
“It’s clear these mandates saved lives and were absolutely necessary to meet the moment. We’re
grateful that we can now, as we leave the emergency phase of the pandemic, modify more of the
rules that have gotten us to this point,” said New York City Department of Health and Mental
Hygiene Commissioner Dr. Ashwin Vasan. “We cannot overstate our appreciation for the
millions of New Yorkers who made the necessary sacrifices to keep our city safe and save lives.”
Beginning February 10, 2023, the city will make the COVID-19 vaccination requirement
optional for city employees, in addition to New York City Department of Education (DOE)
employees. At this point, the city has fully processed and issued decisions for all pending
reasonable accommodation appeals. While the approximately 1,780 former employees
terminated for failing to submit proof of vaccination will not be able to automatically return to
their previous positions, they will be able to apply for positions with their former agencies
through existing city rules and regulations and hiring processes. The city will also end the
vaccination requirements for nonpublic school, early child care, and daycare staff.
As part of this change, beginning February 10, 2023, visitors to Department of Education (DOE)
school buildings will no longer be required to provide proof of at least one dose of the COVID-
19 vaccine. This will allow students’ families and loved ones to attend school activities,
celebrations, and events.
The necessary amendments to the city’s vaccination policy for current city employees and DOE
visitors are expected to be made at the next Board of Health meeting on February 9, 2023.
###
Preview
FILED: NEW YORK COUNTY CLERK 02/10/2023 12:33 PM INDEX NO. 158266/2022 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/10/2023 EXHIBIT A FILED: NEW YORK COUNTY CLERK 02/10/2023 12:33 PM INDEX NO. 158266/2022 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/10/2023 ORDER OF THE BOARD OF HEALTH TO AMEND THE REQUIREMENT FOR COVID-19 VACCINATION FOR CITY EMPLOYEES AND EMPLOYEES OF CERTAIN CITY CONTRACTORS WHEREAS, on March 25, 2020, the Commissioner of Health and Mental Hygiene (“Commissioner”) declared the existence of a public health emergency within New York City to address the continuing threat posed by COVID-19 to the health and welfare of City residents, and such declaration and public health emergency continue to be in effect; and WHEREAS, pursuant to Section 3.01(d) of the Health Code, when urgent public health action is necessary to protect the public health against an existing threat and a public health emergency has been declared, the Commissioner is authorized to issue orders and take actions that are deemed necessary for the health and safety of the City and its residents; and WHEREAS, on October 20, 2021, the Commissioner issued an “Order to Require COVID-19 Vaccination for City Employees and Certain City Contractors” that required all City employees, except certain Department of Correction employees and certain employees of some City contractors, to provide proof to the agency or office where they work that they had been vaccinated against COVID-19, and required certain employees of some City contractors to provide the same proof to their employer (the “October 20, 2021 Order”); and WHEREAS, on October 31, 2021, the Commissioner issued a “Supplemental Order to Require COVID-19 Vaccination for City Employees and Employees of Certain City Contractors,” delaying until November 8, 2021, application of the October 20, 2021 Order for certain employees or contractors, and requiring additional City contractors not covered by the October 20, 2021 Order to ensure that certain of their employees, provide proof that they had been vaccinated against COVID-19 (the “October 31, 2021 Order”); and WHEREAS, on November 1, 2021, the Board of Health ratified and continued both the October 20, 2021 Order and the October 31, 2021 Order; and WHEREAS, as of February 1, 2023, 331,955 City employees, representing 96% of all City employees, have completed a primary series of vaccination, and high vaccination rates correlate with lower rates of hospitalization and death; and WHEREAS, as of January 26, 2023, more than 6.6 million adults residing in New York City, representing 99% of all such adults, have received at least one dose of vaccination against COVID-19, and more than 5.9 million adults residing in New York City, representing 90% of all such adults, have completed a primary series of vaccination, and high vaccination rates correlate with lower rates of hospitalization and death; and WHEREAS, the high rate of vaccination among adults in New York City has proven effective in lessening the burden ofCOVID-19 on the City’s healthcare system; FILED: NEW YORK COUNTY CLERK 02/10/2023 12:33 PM INDEX NO. 158266/2022 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/10/2023 NOW THEREFORE BE IT RESOLVED, the Board of Health hereby orders that the October 20, 2021 Order, and the October 31, 2021 Order, as ratified and continued by the Board of Health on November 1, 2021, are hereby AMENDED as follows: 1. Paragraph 3 of the October 20, 2021 Order is REPEALED, so that a City employee who does not provide the required proof of vaccination as described in paragraph 2 of that Order no longer need be excluded from the premises at which they work. 2. Paragraph 4 of the October 20, 2021 Order, and paragraph 2 of the October 31, 2021 Order, are MODIFIED, so that a City human services contractor or other City contractor described in those paragraphs no longer needs to require their covered employees to provide proof of vaccination against COVID-19. Dated: February 9, 2023 FILED: NEW YORK COUNTY CLERK 02/10/2023 12:33 PM INDEX NO. 158266/2022 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/10/2023 THE CITY OF NEW YORK OFFICE OF THE MAYOR NEW YORK, NY 10007 FOR IMMEDIATE RELEASE: February 6, 2023 CONTACT: pressoffice@cityhall.nyc.gov, (212) 788-2958 WITH OVER 96 PERCENT OF CITY WORKERS FULLY VACCINATED, MAYOR ADAMS ANNOUNCES COVID-19 VACCINATION WILL BECOME OPTIONAL FOR CITY WORKERS Over 331,000 City Workers Now Fully Vaccinated, Keeping New Yorkers Safe, City Operations Running Throughout Pandemic City Will No Longer Require Vaccination for DOE Visitors NEW YORK – New York City Mayor Eric Adams today announced that — with more than 96 percent of city workers fully vaccinated against COVID-19 — the city will make vaccination optional for current and prospective city workers effective February 10, 2023, following the expected ratification at the next Board of Health meeting. The COVID-19 vaccine mandate for city workers has helped keep New Yorkers safe and New York City operations running throughout the pandemic. With the vast majority of city workers and New Yorkers vaccinated, and more tools readily available to protect people from serious illness, the vaccine requirement for the primary series of shots has served its purpose, driving rates of vaccination up among the city’s workforce during a critical period in the pandemic. “City workers stepped up tremendously throughout the pandemic,” said Mayor Adams. “From our health care frontline workers and first responders who saved lives, to the city employees who kept our streets clean, our schools open, and our streets safe, we owe city workers a debt of gratitude for their service during New York City’s darkest days. With more than 96 percent of city workers and more than 80 percent of New Yorkers having received their primary COVID-19 series and more tools readily available to keep us healthy, this is the right moment for this decision. I continue to urge every New Yorker to get vaccinated, get boosted, and take the necessary steps to protect themselves and those around them from COVID-19.” “As we near our third year with COVID-19, we continue to evaluate existing measures and adjust them as needed,” said Deputy Mayor for Health and Human Services Anne Williams- Isom. “The city’s vaccine requirement is one such measure and has yielded significant results with 96 percent of city workers vaccinated with the primary series. More broadly, across the city, over 80 percent of New Yorkers have had their initial two shots. In this context, we can adjust our guidance but continue to strongly encourage every New Yorker to take the steps that we know help keep us and our loved ones safe and healthy — getting vaccinated, getting boosted, FILED: NEW YORK COUNTY CLERK 02/10/2023 12:33 PM INDEX NO. 158266/2022 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 02/10/2023 wearing a mask when appropriate, getting tested when appropriate, staying home if sick, and maintaining good hand hygiene.” “It’s clear these mandates saved lives and were absolutely necessary to meet the moment. We’re grateful that we can now, as we leave the emergency phase of the pandemic, modify more of the rules that have gotten us to this point,” said New York City Department of Health and Mental Hygiene Commissioner Dr. Ashwin Vasan. “We cannot overstate our appreciation for the millions of New Yorkers who made the necessary sacrifices to keep our city safe and save lives.” Beginning February 10, 2023, the city will make the COVID-19 vaccination requirement optional for city employees, in addition to New York City Department of Education (DOE) employees. At this point, the city has fully processed and issued decisions for all pending reasonable accommodation appeals. While the approximately 1,780 former employees terminated for failing to submit proof of vaccination will not be able to automatically return to their previous positions, they will be able to apply for positions with their former agencies through existing city rules and regulations and hiring processes. The city will also end the vaccination requirements for nonpublic school, early child care, and daycare staff. As part of this change, beginning February 10, 2023, visitors to Department of Education (DOE) school buildings will no longer be required to provide proof of at least one dose of the COVID- 19 vaccine. This will allow students’ families and loved ones to attend school activities, celebrations, and events. The necessary amendments to the city’s vaccination policy for current city employees and DOE visitors are expected to be made at the next Board of Health meeting on February 9, 2023. ###