Kansas City Business Session: Employee COVID Testing and Pay Equity - January 13, 2022

This Business Session of the Kansas City Council, held on January 13, 2022, at approximately 8:15 PM, focused on a presentation by Councilman Ellington concerning city employee COVID-19 testing policies, alleged retaliatory actions, and broader issues of pay equity and discrimination. Numerous city employees from multiple departments testified about the financial burden of weekly testing, denied religious exemptions, and inadequate wages. The council discussed potential resolutions to address payroll deductions, align policies with the fire department, and audit COVID-related spending.

Public Comments & Testimony

• Mr. Silvers (union representative) criticized the city manager for bargaining in bad faith, noting that fire department vaccination numbers were misrepresented (76% vaccinated but treated differently). He highlighted pay disparities: the city spends $7.9 million per month on management salaries (1,400 management vs. 800 labor employees).
• Brian Malcolm (plant operator, Wastewater) stated that critical infrastructure employees were “forgotten” from May 2020 to April 2021, with only one testing opportunity. He argued that since vaccinated employees can also transmit COVID, a universal testing protocol with paid time off is needed.
• Eugene Jackson (Science & Marketing) cited stage three kidney failure and said his doctor refused to sign an exemption; he objected to being pushed toward vaccination and noted the penalty of three missed tests leads to termination.
• An unnamed employee noted that contractors hired by the city are not required to test or be vaccinated, yet are paid three times more than city employees doing the same work.
• Jeremy Ritter (assistant operations manager, downtown airport) compared the city’s policy to the recent Supreme Court decision (SCOTUS) and called it medical discrimination and coercion. He pointed out that fire and police are exempt from the policy.
• Tonika Evans (Water Services, vaccinated) spoke against mandates, stating that medical decisions should be between patient and doctor. She noted her own pay is insufficient to qualify for two-times rent, relying on her federal annuity.
• David Morgan (fired after 20 years) said he was terminated for refusing a saliva test, not for refusing testing altogether. He emphasized he would have taken an alternative test, and his termination paperwork falsely stated he violated AR-133 by denying a COVID test.
• Another attendee (unidentified) raised three conflicts regarding AR-133: employees were fired before being offered alternative tests, testing and vaccination did not prevent transmission, and some terminated employees have fraudulent termination reasons.
• Multiple employees from Public Works, Water Services, Parks, and Fleet reported pay issues: inadequate wages for experienced workers, missing overtime/holiday pay for snow plowing, and lack of proper training.
• Norris Mann (Public Works) said employees were told they would not be paid the next day after snow plowing overnight and had to use personal time.
• Jermaine Humanist (Water, 19 years) stated his religious accommodation was denied, his appeal took months, and he was told accommodations were denied even though termination was not pursued.
• Claude Harris (Wastewater) noted that experienced employees are leaving, leaving little institutional knowledge; his starting pay is around $16/hour.
• Several other employees echoed frustration over the $97 weekly test cost (estimated $4,800/year), which represents a significant portion of salary (about $20,000 net for a $15/hour worker).

Discussion Items

• Councilman Ellington presented a detailed timeline of his inquiries starting December 27, 2021, concerning a $97 test fee and denials of religious/health exemptions. He read from a policy (AR-33) requiring employees to sign a payroll deduction for $97. He argued the city changed testing frequency from monthly to weekly after stopping funding, appearing retaliatory. He cited a recent U.S. Supreme Court ruling against a federal vaccine mandate and stated the city’s policy likely violates OSHA. He also noted that some employees were terminated for refusing saliva tests (citing DNA privacy concerns). He called for a forensic audit of COVID spending and policies.
• Councilwoman Hall supported employees, stating she is against mandates and wants transparency on exemption requests: total number, approvals, and denials. She noted the financial impact: $97/week amounts to $4,800/year, a large portion of a $15/hour salary.
• Councilwoman Robinson asked the city manager to respond to payroll deductions. City Manager Platt stated that as of that morning, HR informed him there were no payroll deductions and that free testing options exist. He offered to verify. Robinson introduced a resolution for same-day adoption to align COVID testing policies with the fire department’s policy (which does not require payroll deductions) and to ensure fairness. Councilman Ellington asked to amend the resolution to include reimbursement for any deducted fees and a forensic audit of policies and spending.
• Councilwoman Parks-Shaw inquired about several employees missing double pay or holiday pay for snow plowing; the city manager said he would check. She expressed gratitude to employees.

Key Outcomes

• Councilwoman Robinson requested that the city attorney prepare a resolution for same-day adoption to align COVID testing policies for Local 500 employees with the fire department’s policy (ensuring no payroll deductions for testing). Councilman Ellington asked to amend to include reimbursement for any payroll deductions already taken and a forensic audit of COVID-related policies and expenditures.
• The council did not take a final vote on the resolution during this session; further action was anticipated.
• Councilman Ellington noted that a resolution to re-evaluate contracted services and potentially replace contractors with city employees passed out of committee and is on the floor.
• The city manager committed to checking on payroll deductions and missing pay for snow plow work.
• Councilwoman Hall requested from HR the total number of exemption requests, approvals, and denials (without names).