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City council member discusses legality behind vaccine mandate for city employees

Posted at 7:17 AM, Sep 08, 2021
and last updated 2021-09-09 00:02:07-04

TUCSON, Ariz. (KGUN) — The clock is ticking for the city to figure out its legal arguments and respond to the state’s attorney general. Mark Brnovich says the city has 30 days to rescind or amend the mandate, otherwise it could lose millions in funding. City council member Steve Kozachik says he isn't worried.

“Brnovich’s opinion is just that, it’s an opinion," Kozachik said. "We have some due process rights that we’re going to pursue and I continue to believe that the city of Tucson’s policy is legal.”

State law says if the Attorney General believes a local law violates a state statute, the treasurer must withhold a large part of state funding. State funding for Tucson is equal to around $120 million a year.

“It's just sad we have so many people trying to make a political issue out of a public health issue,” Kozachik said.

Tucson’s City Manager says its leaders need a “better understanding of [their] legal position” before moving forward.

“We’ve been down this road before, we’ve won some we’ve lost some," Kozachik said. "We’ll pursue all of our legal options and we’ve got plenty of them we can pursue.”

Kozachick says the city will come back with its legal response well before the 30 day deadline.