No Public Hearing prior to July 26 Council ‘action’ on Lloyd’s COVID Vaccination Code Proposal

On Monday, July 19, town staff verified a change in the originally announced August 2^nd date for Front Royal Town Council public consideration of Councilman Scott Lloyd’s initiative to bring a town ordinance proposal forward that would remove private-sector authority to implement consequences, including termination or perceived negative reassignment, for employees declining to receive the COVID-19 Coronavirus vaccination. That matter was a topic of pointed discussion at a July 12 work session as reported in the Royal Examiner story – “Thompson challenges Lloyd’s reasons for moving anti-vaccination choice consequences proposal forward – public hearing, vote slated for August 2”

Councilman Lloyd, at left notes in hand, found himself at odds with Councilwoman Thompson, across the table, during July 12 work session discussion of his COVID vaccine ordinance initiative. His other colleagues were largely silent as Lloyd first butted heads with Thompson, and then took on the town attorney’s research of the legality of his proposal. Royal Examiner File Photos by Roger Bianchini

Having been informed by Lloyd over the weekend of the date change to council’s regularly scheduled monthly meeting of July 26 at the Warren County Government Center, this reporter contacted Council Clerk and Town Manager Administrative Assistant Tina Pressley by email Monday for verification. While Pressley did reply that there was now no Special Meeting scheduled for August 2 and that Lloyd’s vaccination-related ordinance proposal would be on council’s Monday, July 26 agenda for “action”, she added, “There are no public hearings scheduled for this item on the 26^th or August 2^nd.”

Uh oh, “action” on a proposed town code change with potentially sweeping private-sector and legal ramifications without a public hearing?!? It had originally been thought the necessary time to prepare and publish public notice of a public hearing and vote would require the scheduling of an August 2 special meeting to facilitate Lloyd’s desire for council action on his COVID-19 vaccine-related proposal as soon as possible.

Believing that such legislative action as code changes require public hearings, we decided to follow up with the council clerk by phone. Noting she was still working on the language for the Lloyd initiative’s inclusion in the July 26 agenda packet, Pressley verified the language in her email – Yes, there would be “action” scheduled; but no, there would not be a public hearing.

With that information in tow, we first emailed, then called Lloyd Monday afternoon seeking further explanation on how his ordinance proposal was being brought forward. We then called Town Attorney Doug Napier seeking clarity.

‘Do what?’ Town Attorney Napier, far left, may have been thinking as Councilman Lloyd suggested expansion of his research of legal precedents in support or opposition to his vaccination-related proposal.

Napier explained that Lloyd was bringing his ordinance proposal to legislate against private-sector implementation of consequences on employees for a refusal to be vaccinated against the COVID-19 Coronavirus as an Emergency Ordinance. If a council majority accepts the proposal as of an emergency nature in town, the necessity of a public hearing is negated, the town attorney explained. As of July 19, according to the U.S. Center for Disease Control (CDC), the COVID-19 Coronavirus pandemic is credited with over 4.09-million deaths worldwide, nearly 615,000 nationwide, 11,477 statewide, with the deaths of 61 people in Warren County over the past year and a half.

However, from its nature Lloyd’s ordinance proposal is not being presented as a local public health emergency, but rather as a citizen rights emergency to prevent what Lloyd terms employer “coercion” to be vaccinated against the pandemic to maintain one’s job status.

In an irony that would fit a Hollywood drama script, say for the medical show “House”, verification of the changed date and nature of town council consideration of Lloyd’s proposal as an Emergency Ordinance came the same day that regional medical provider Valley Health issued a press release announcing a new policy mandating that all its employees be vaccinated against the COVID-19 Coronavirus. Valley Health Announces New Safety Standard: All Employees and Medical Staff to Receive COVID-19 Vaccine

Ironically, on Monday as we learned of changes in the presentation of Lloyd’s so-called ‘Medical Freedom’ or ‘anti-coercion’ ordinance proposal, Valley Health announced it will now require all employees and medical staff to be COVID-19 vaccinated. Will Lloyd’s colleagues accept his ordinance proposal as a ‘citizens’ rights emergency’ not requiring public hearing next week? – Stay tuned.

Attempts to reach Valley Health officials for comment on the implications for their operations in a community from such a municipal ordinance as is now on the table in Front Royal where they just opened a new hospital/office complex were unsuccessful prior to publication. A phone message left for Lloyd inquiring on what he perceives to be the emergency in presenting his ordinance, was also unreturned by publication.

Stay tuned for more on this developing story as it develops over the coming week leading up to council’s meeting next Monday, July 26. Meetings begin at 7 p.m. Where on the meeting agenda Lloyd’s proposal is placed should be known by Thursday, July 22, when the agendas are targeted for release by the Council Clerk’s Office.

With the general “Public Concerns” portion of meetings devoted to non-agenda items, and Lloyd’s proposal under consideration as an emergency ordinance without a public hearing, were council to accept that designation, it would seem the public might have no opportunity to address the matter prior to council action. We called Town Attorney Napier back on that possibility. He said it would be at council and the mayor’s discretion whether to allow public comments at the meeting’s outset to include an agenda item with no public hearing.