News : Healey's Covid headache

Wednesday, October 26, 2022

Healey's Covid headache

Oct 26, 2022

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SECOND CHANCES — Some government workers who lost their jobs over Covid-19 vaccine mandates are poised to get them back. And that could spell trouble for the next governor, at least if it's Maura Healey.

Gov. Charlie Baker's administration is offering to reinstate about 50 employees across several state government agencies who lost their jobs after he mandated all executive branch employees get vaccinated. That's a fraction of the more than 1,000 workers who were fired or quit over the requirement.

Baker described the rehires to reporters as a "small number of people" who had sought medical or religious exemptions. Whether someone got an offer also, he said, "depends on the work you do." MassLive reported a driver's license examiner and a MassDOT janitor are among those who've received letters saying they could have their jobs back. A Baker spokesperson said he has no plans to change his vaccine requirements.

Next door, a New York state judge ordered New York City to reinstate and offer back pay to a group of sanitation workers fired for not complying with the city's vaccine mandate. The judge said the mandate violated the state constitution; the city has appealed the ruling.

Both of Tuesday's developments have at least one union — the State Police Association of Massachusetts — exploring its legal options after its initial lawsuit over Baker's mandate failed .

That fight could continue after Baker is no longer in office. "It doesn't matter who the next governor is," SPAM spokesperson Chris Keohan told Playbook. "We expect our members to be treated with the respect that they earn each and every day." Keohan said none of the union's fired members have been offered their jobs back.

Unions seeking to get their workers rehired won't face resistance from Geoff Diehl. The Republican has repeatedly pledged to bring back every state worker fired over the vaccine mandate on his first day as governor. At a rally with conservative radio host Jeff Kuhner last night, Diehl spotlighted a former state trooper he said "had her career stolen away from her because of the vaccine mandates." And he said the New York ruling provides "precedent … we can use" to combat those requirements.

Yet Baker has potentially opened Healey up to increased pressure — at least politically, if not legally — to bring back fired employees.

The Democratic attorney general imposed a vaccine mandate on her staff last year and said Baker made the "right move" doing the same. On Tuesday, a spokesperson for the gubernatorial frontrunner said Healey "will continue to urge people to get vaccinated as a matter of public health and in order to keep our state open for business." She also "continues to support people receiving exemptions for religious or medical reasons, as it appears [Baker's] actions were designed to do."

GOOD WEDNESDAY MORNING, MASSACHUSETTS. The sun will come out ... tomorrow.

TODAY — Baker and Lt. Gov. Karyn Polito announce grants at the Berkshire Innovation Center in Pittsfield at noon. Boston Mayor Michelle Wu attends EdVestors' 17th Annual School on the Move Prize Ceremony at 9:30 a.m. at the Westin Copley in Boston. Healey , in her official capacity as AG, celebrates an energy efficiency project at Stone Mill in Lawrence at 11 a.m. Healey campaigns at 6K Inc. in North Andover at noon. Rep. Richard Neal announces federal funding at Berkshire Community College at 11 a.m. Rep. Jim McGovern announces federal funding at University Park in Worcester at 3:30 p.m. Sen. Ed Markey hosts a virtual briefing on "climate-forced displacement" at 4:30 p.m.

Tips? Scoops? Birthdays? Email me: lkashinsky@politico.com .

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ON THE STUMP

— RALLYING CRY: Conservative radio host Jeff Kuhner claimed at a rally for Geoff Diehl and his running mate, Leah Cole Allen , last night that in the name of "LGBTQ equity" at least one Massachusetts school district had made sexually graphic material available in school and in their public library. Kuhner specifically referenced "Gender Queer," a graphic memoir by Maia Kobabe tackling puberty and sexual identity, that includes drawings of nude characters and sexual imagery — a book GOP secretary of state nominee Rayla Campbell, who was also at Faneuil Hall for the rally, has claimed "depicts child pornography." It was the most challenged book of 2021 , according to the American Library Association.

Diehl said he's "not going to use the term" when asked by a reporter after the rally if he agreed with Kuhner's use of the phrase "kiddie porn" to describe that book and others. But, Diehl said, "there are some books that I think parents have concerns about and they should have a voice in deciding if those books should be in the schools or in the libraries."

Diehl has made parental rights a pillar of his campaign. His stances led Democrat Maura Healey to accuse the Republican in their first debate of wanting to "ban books" — which Diehl countered by saying it's "not about removing books" but "about allowing parents to have a say."

Tuesday wasn't the first time Diehl has been asked to answer for other Republicans' comments about gender and sex education in schools. He dismissed a vulgar comment Campbell made on the topic at the state party convention in May as "not appropriate."

DATELINE BEACON HILL

— "Lawmakers urged to revisit free phone calls for prisoners," by Christian M. Wade, Eagle-Tribune: "In a letter to House and Senate members, a coalition of nearly 80 criminal justice reform groups called on them to return to session to reconsider a plan to spend $20 million to reimburse county sheriffs to cover the cost of free prison phone calls, a proposed moratorium on new prison construction and other reforms. The proposals were rejected by Gov. Charlie Baker before the July 31 formal end of legislative sessions, when lawmakers recessed to campaign."

— "Gov. Baker signs law to help military families expedite licensing, ease school transitions," by Jeanette DeForge, Springfield Republican: "Gov. Charlie Baker formally signed into law a law that will make it easier for military spouses to expedite the transfer of professional licenses if they move to Massachusetts because their husband or wife is transferred to a base here. The law also helps families by granting them 'in-state' status at public colleges and universities to any active-duty military member, their spouse or children, thereby allowing them to pay a much lower tuition."

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FROM THE HUB

— "State launches investigation into whether BPS violates education rights of students with disabilities," by Adria Watson, Boston Globe: "The state has opened an investigation into whether Boston Public Schools is violating the educational rights of students with disabilities following a complaint filed last week, Education Commissioner Jeffrey Riley announced Tuesday. The complaint, filed by advocates representing six students, alleges untimely buses run by BPS have caused students with disabilities to miss therapy sessions and academic instruction."

— "Boston officials visit jail as they seek options to house people at 'Mass. and Cass'," by Deborah Becker, WBUR: "With dozens of people still congregating in what's known as the 'Mass. and Cass' area of Boston, city officials say they are 'exploring all options' — including a controversial plan to use a nearby jail — to house people who linger there. … This week, Suffolk County Sheriff Steve Tompkins said officials with the Wu administration recently toured the Nashua Street jail as a potential location that could accommodate about 100 people from the 'Mass. and Cass' area."

— "South Boston organizations seeking more redistricting hearings with open-meetings law complaint," by Sean Philip Cotter, Boston Herald: "A group of South Boston civic organizations has filed an open-meeting law complaint against the city council as neighborhood groups leery of the body splitting up Southie vie for more public hearings."

— "Faith leaders, 'outraged' by street violence in Boston, meet with city officials to discuss solutions," by Ivy Scott and Jeremy C. Fox, Boston Globe: "Outraged over an uptick in fatal shootings, including that of a 14-year-old boy and two young mothers, faith leaders, city officials, and community organizers met at a Dorchester church Tuesday to identify possible solutions." The meeting came the same day law enforcement leaders gathered at State Police headquarters to talk about their efforts to drive down violent crime over the summer.

— "Six things we learned about Boston's housing crisis from the new Boston Foundation housing report card," by Andrew Brinker, Boston Globe: "Prices are up. Supply is down. And the gap between haves and have-nots in the region's housing market keeps widening."

PLANES, TRAINS AND AUTOMOBILES

— "'The current system is not working.' Mass. Legislature should make sweeping reforms of beleaguered MBTA, former top federal transportation official says," by Taylor Dolven, Boston Globe: "The Massachusetts Legislature must make sweeping reforms to the MBTA once a new governor takes over, Ray LaHood, a former US secretary of transportation, told state lawmakers Tuesday. At the top of its list should be taking away safety oversight of the Massachusetts Bay Transportation Authority from the state's Department of Public Utilities, LaHood said, which federal inspectors recently found is not providing adequate oversight of the transit system."

— "T to lift Orange Line speed restrictions by January," by Bruce Mohl, CommonWealth Magazine: "The MBTA intends to lift speed restrictions on the Orange Line by the end of December and start posting average subway travel times on its website at some point this winter, according to a letter MBTA General Manager Steve Poftak sent to US Sen. Ed Markey on Tuesday."

— "Facing bus operator shortage, MBTA to pay for job candidates' training," by Sarah Betancourt, GBH News: "Bus operations jobs are hardest to fill. Part of that struggle has been in getting applicants with a commercial driver's license, required to drive such a vehicle. In light of the worker shortage, though, the MBTA changed its rules. The agency used to require job candidates to have a commercial driver's license permit prior to being hired. But, for the next few months, three classes of bus operator applicants who don't have the permit will get training in a new pilot program. The $75 fee for a permit will be covered, along with the $4,500 cost of the training course, and applicants will get paid while they're studying. A sign-on bonus of $4,500 will be given to the new hires after a year with the MBTA."

A message from Delta Dental of Massachusetts:

CAMPAIGN MODE

— ON THE AIRWAVES: Republican attorney general nominee Jay McMahon is running a trio of advertisements across broadcast, cable, radio and digital platforms. All three paint a picture of how the death of his son, a U.S. Army veteran, from an opioid overdose has fueled his political aspirations and his plans for tackling drugs and public safety if elected. One of the ads shows McMahon talking to people at Boston's troubled Mass and Cass corridor.

— "Diehl challenges Healey to anti-vaccine mandate pledge for Mass. kids," by Alison Kuznitz, MassLive: "Geoff Diehl, the Donald Trump-backed Republican gubernatorial nominee, challenged his Democratic opponent Attorney General Maura Healey this week to make a pledge to not require COVID-19 vaccine mandates for Massachusetts children. Individual students and parents should have the latitude to decide 'whether vaccination is the right decision for them,' Diehl said in a statement Monday."

— "Congressional candidate Jeffrey Sossa-Paquette frustrated by Republican Party's lack of support," by Olivia Lemmon, Spectrum News: "Jeffrey Sossa-Paquette (R), who is running against Rep. Jim McGovern (D) for the 2nd Massachusetts Congressional District, said he's frustrated with the Republican Party. Sossa-Paquette, a gay man, believes his sexuality may be partially to blame for the lack of support from both state and national Republicans. The Shrewsbury-based Republican believes the party's lack of support has had a significant impact on his campaign."

— "Judge rejects lawsuit to stop count of mislabeled mail-in ballots in Dennis," by Sarah Carlon, Cape Cod Times: "A Barnstable Superior Court judge denied the injunction sought by Republican 1st Barnstable state representative candidate Tracy Post concerning the approximately 2,600 mislabeled mail-in ballots sent to Dennis voters. Approximately 3,200 mail-in ballots were sent to voters in Dennis from the town clerk's office last week incorrectly labeling Democrat Chris Flanagan as the candidate for reelection in the 1st Barnstable state representative race."

— "Paul Fullen calls for Rep. David LeBoeuf's resignation in debate for 17th Worcester District," by Kiernan Dunlop, MassLive: "A debate between state Rep. David LeBoeuf and Worcester firefighter Paul Fullen Monday night was at times contentious as the men explained their very different visions for the future of the 17th Worcester District. Rather than answer the first question that came from a panel of journalists and former politicians regarding state representatives' responsibilities when it comes to securing funding and resources for migrants, Fullen called on LeBoeuf to resign from his position due to a drunken driving charge he received in April."

FROM THE DELEGATION

— "Elizabeth Warren, Ayanna Pressley push loan forgiveness paused by courts," by Matthew Medsger, Boston Herald: "When Sen. Elizabeth Warren is excited about something she bounces. 'There is nothing like a rally to cancel student loan debt,' she said Tuesday, bouncing on her toes, a sizable smile plastered on her face. Warren, joined by U.S. Rep. Ayanna Pressley in Worcester at the UMass Chan Medical School, surrounded by aspiring medical students, urged those gathered to spend the two minutes it would cost them to apply for student loan forgiveness. … [But] six Republican-led states [filed] a lawsuit to stop it. That lawsuit was dismissed last week when Arkansas, Iowa, Kansas, Missouri, Nebraska and South Carolina failed to establish standing to sue, though the states have since appealed and sought an injunction against the Biden administration's steps toward forgiveness."

— "House progressives retract Russia-diplomacy letter amid Dem firestorm," by Alexander Ward, Andrew Desiderio, Nicholas Wu and Jordain Carney, POLITICO: "House progressives [including Rep. Ayanna Pressley] on Tuesday retracted a letter calling on President Joe Biden to engage in direct diplomacy with Russia, less than 24 hours after it sparked intense backlash from other Democrats."

JOIN WOMEN RULE THURSDAY FOR A TALK WITH DEPARTING MEMBERS OF CONGRESS: A historic wave of retirements is hitting Congress, including several prominent Democratic women such as Illinois Rep. Cheri Bustos, House Democrats' former campaign chief. What is driving their departures? Join POLITICO on Oct. 27 for "The Exit Interview," a virtual event that will feature a conversation with departing members where they'll explain why they decided to leave office and what challenges face their parties ahead. REGISTER HERE .

MIGRANTS IN MASSACHUSETTS

— "Florida judge orders DeSantis to hand over migrant flights records," by Gary Fineout, POLITICO: "A Florida judge on Tuesday found that Gov. Ron DeSantis' office is not following the state's public records law and ordered the administration to turn over records connected to the migrants flights from Texas to Martha's Vineyard within the next 20 days."

FROM THE 413

— "Pittsfield Police say they've 'hit pause' on body camera pilot program amid union concerns," by Meg Britton-Mehlisch, Berkshire Eagle: "A pilot program that could pave the way for Pittsfield's Police Department to use body-worn cameras is on pause after what department leadership described as 'concerns' from the department's unions."

THE LOCAL ANGLE

— "Birth center to close Dec. 1; Hospital to offer $1.5 million to offset loss," by Paul Leighton, Salem News: "Beverly Hospital announced Tuesday that it will close the North Shore Birth Center on Dec. 1, but said it will also provide $1.5 million in grant money to support the possible opening of a new birth center. Beverly Hospital President Tom Sands also said the hospital will offer to lease the birth center building to a midwifery practice for 2 1/2 years."

— "Gary Haley Receives $10,000 Fine for Ethics Violations," by Aidan Pollard, Vineyard Gazette: "Aquinnah select board member Gary Haley has been ordered by the state ethics commission to pay $10,000 in civil penalties for a 2018 violation of state ethics law, when he billed the town more than $17,000 for electrical work he performed during an Aquinnah Circle beautification project."

— "Cambridge drops zoning parking requirements, paving way for more affordable housing," by Mark Herz, GBH News: "The Cambridge City Council voted overwhelmingly on Monday night to do away with parking requirements in the zoning code that councilors said wasted space and limited the development of affordable housing." The Cambridge City Council also on Monday voted to ban fur sales ; it's the fifth municipality in the state to do so.

MEANWHILE IN RHODE ISLAND

— "Spending in Fung-Magaziner race tops $8 million as both sides see path to victory," by Ted Nesi, WPRI: "The titanic battle between Republican Allan Fung and Democrat Seth Magaziner has become one of the most closely watched House contests in the country, as national observers wake up to the possibility that the GOP could pick up a seat in a blue state. … A summary of ad spending obtained Tuesday by 12 News shows the two sides are currently on track to spend at least $8.2 million combined on broadcast, cable and radio advertising from Sept. 13 through the Nov. 8 election. Fung and his allies have a spending edge of roughly $600,000 so far."

— TRAIL MARKERS: First lady Jill Biden will campaign with Magaziner and Rhode Island Gov. Dan McKee today. She'll return to New England on Saturday for campaign events with New Hampshire Democrats Sen. Maggie Hassan and Reps. Annie Kuster and Chris Pappas, who are all facing right-wing Republicans in their reelection bids. House Republican Whip Steve Scalise (R-La.) and his deputy, Rep. Drew Ferguson (R-Ga.), are holding a fundraiser for Fung in Boston today, as first reported by POLITICO .

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HEARD 'ROUND THE BUBBLAH

EX-PAT — "Tom Brady and Ron DeSantis Are Said to Be on Texting Terms," by Reid J. Epstein, The New York Times.

TRANSITIONS — Emily Schario and Katie Cole have launched The B-Side newsletter as part of Boston Globe Media.

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