Milwaukee County Board Of Supervisors Are Required To Confirm Vaccination Status By October 11th To Attend Hybrid Meetings Under Frivolous Administrative Order

The Milwaukee County Board of Supervisors Chairwoman Marcelia Nicholson on Friday sent out an email requiring all supervisors, staff and the public attending hybrid meetings to confirm vaccination status.

By H. Nelson Goodson 

Hispanic News Network U.S.A.

September 17, 2021

Milwaukee, WI - On Tuesday, Hispanic News Network U.S.A. (HNNUSA) learned that Milwaukee County Board of Supervisors received an email on Friday, September 10, 2021 by Milwaukee County Board Chairwoman Marcelia Nicholson requiring all of the supervisors, staff and members of the public to confirm their vaccination status when attending any full County Board and committee in-person hybrid meetings. A hybrid meeting is when both in-person and online transmission (streaming) of a meeting occurs.

Chairwoman Nicholson also cited Administrative Order 21-3v1, which is the Vaccine Mandate for Milwaukee County dated September 2, 2021, which has not been approved by the Judiciary Committee mandated by state law Chapter 323.14 (1 )(b)(3).  However, HNNUSA discovered that the Vaccine Mandate doesn't require Milwaukee County board supervisors or the public to confirm their vaccination status when attending in-person hybrid meetings during the COVID-19 pandemic. Additionally, the recent County Executive order on vaccine requirements does not include elected officials (County Supervisors) nor members of the public.

Also, it seems that the Vaccine Mandate Administrative Order 21-3v1 by Milwaukee County Executive David Crowley could definitely be frivolous, since the Board of Supervisors began to meet virtually around June 2020, which Crowley can still create any Administrative Order dealing with emergency and sign it, then he would be required to submit the mandate to the Milwaukee County Board Judiciary Committee for consideration and approval, according to Chapter 99.03, which mandates that the Judiciary Committee is the correct committee to take action on emergency and related orders that the Milwaukee County executive issues.

The committee on judiciary, safety and general services of the county board is established as the standing committee of the county board that shall retain policy-making and rule-making powers in the establishment and development of county emergency management plans and programs under ch. 323, Wis. Stats.

Apparently, emergency and related orders submitted by County Executive Crowley have been processed by the Milwaukee County Finance Committee, which the Vaccine Mandate Administrative Order 21-3v1 was approved by passing the Judiciary Committee in violation of chapter 99.03.

What does it actually mean, well both Milwaukee County Board of Supervisors Chairwoman Nicholson and Milwaukee County Executive Crowley has been violating chapter 99.03 and Nicholson hasn't stopped Crowley from issuing mandates dealing with emergency and related orders that are definitely frivolous (null and voided), since the full County Board has been meeting and any additional emergency Administrative Orders that have been passed previously are in violation of chapter 99.03.

Update: On Friday during the Milwaukee County Finance Committee meeting, the 21-803 resolution, which is a resolution calling upon the County Executive to establish a Milwaukee County policy requiring all Milwaukee County employees be fully vaccinated against COVID-19 and provide incentives to do so was layed over on a vote of 4-3 for further inquiry to the legality whether the Finance Committee is authorized to take action on approval of such emergency resolutions.

Milwaukee County Supervisor Sylvia Ortiz-Velez before the Finance Committee vote publicly quoted Maggie Daun, the Corporation Counsel who wrote the following statement via email to Ortiz-Velez recently, “I apologize, I need to make a small correction: chapter 99.03 in its current form mandates that the Judiciary committee is the correct committee to take action on emergency and related orders issued by the CEX (County Executive).  I will advise the Chairwoman of this separately,” Daun wrote.

The 21-803 resolution cites other private and non-profit entries that have placed vaccine mandates on staff, employees and patrons, but it doesn't cite any existing lawful state or federal mandates to create such a vaccine mandate policy by a local or County government requiring elected officials and members of the public to follow such a mandate.

If 21-803 is passed without clarification, modification in order to avoid any civil rights violations to members of the general public, it would create a liability.

The Civil Rights Act Title 2 says "All persons shall be entitled to the full in equal enjoyment of goods and services facilities and privileges advantages in accommodations of any place of public accommodation, as defined in the section without discrimination or segregation on the ground of race, color, RELIGION, or national origin.

Hispanic News Network U.S.A. (HNNUSA) has also learned on September 21, 2021 that Marcelia Nicholson, Chairwoman of the Milwaukee County Board of Supervisors is expected to retract her requirement for Supervisors and the general public attending hybrid County meetings from confirming vaccination status. The Vaccine Mandate 21-3v1 by Milwaukee County Executive David Crowley will now be sent to the Milwaukee County Judiciary Committee for review and Crowley's Administrative Orders dealing with emergency powers are now limited since, the full Board of Supervisors can convene, according to a credible source at the Milwaukee County Board.