By PAULA TRACY, InDepthNH.org

CONCORD – The Executive Council essentially reversed its rejection of $27 million in federal money a month ago and accepted $22.5 million in CDC funds along with a nonbinding resolution Wednesday.

The resolution was called “political cover” for the Republicans who at first rejected the money to boost COVID-19 vaccinations, especially to 5 to 11 year olds.

The vote was four in favor with Executive Councilor Ted Gatsas, R-Manchester, voting “present,” which is essentially an abstention.

 The funds must also be approved by the legislative Joint Legislative Fiscal Committee.

Councilor Cinde Warmington, D-Concord, who has supported the $27 million federal grants since the beginning, called the nonbinding resolution “meaningless.”

The resolution states the governor and council:
– support for the state’s suit against the Biden Administration on federal vaccine mandates for employers with more than 100 employees
– that the council encourages the state to move to an opt-in rather than an opt-out system for its vaccine registry
– That the state allows for medical and religious exemptions for any federal vaccination mandates through the OSHA rules, which are now the subject of that litigation. A temporary stay in implementation of the OSHA rule, set to go into effect in early January, has now been ordered by the courts as the cases against the administration are consolidated into one lawsuit.

A month ago, Health and Human Services officials warned that rejecting the federal funds would slow the rollout for vaccines for a potential of 125,000 New Hampshire children ages 5 to 11 and booster shots for others.

But protesters at the Oct. 13 Executive Council meeting argued there were strings attached to the $27 million that could force the state to enforce federal vaccine mandates. That day, the four Republican councilors, including Gatsas, Janet Stevens of Rye, Joe Kenney of Wakefield and David Wheeler of Milford, rejected the funds. Warmington was then the only yes vote.

The contention that the federal contracts would supersede states’ rights was rejected by Sununu and Attorney General John Formella. Nine of the protesters were arrested at that meeting. There were no protests over the grants at the council meeting Wednesday at the Department of Environmental Services headquarters on Hazen Drive.

The grant item was not on the agenda, but was presented as a late item.

Kenney read the nonbinding resolution attached to the vote to accept the $22.5 million. Warmington asked for the resolution to be separated, but it was not.

Warmington said she had not read the resolution which was crafted by Republicans until minutes before the meeting because it was not available to her.

She said she would still vote for funding with the resolution because she said it holds no legal ground.

“I will put public health above politics every single time,” Warmington said.

Wheeler said he rejected Warmington’s contention the nonbinding resolution was political. He said it was important to have the language for employers that would allow medical and religious exemptions to go against the federal mandates.

Stevens said her constituents who have more than 100 employees are worried about the impacts of federal vaccine mandates on the state’s economic health.

“Public health relies on economic health,” Stevens said.

Gatsas also said he had problems with the potential precedence of a nonbinding resolution and noted he only heard about it at 11 p.m. in his email Monday night, at a time he usually reserves for his “beauty sleep.”

Formella said it does not have any legal binding on future councils, but it is significant in that it is an expression of support by the executive branch of state government.

Lori Shibinette, commissioner of the Department of Health and Human Services, was able to find $4.6 million from the American Rescue Plan that was passed at the last meeting two weeks ago.

After the vote, Warmington said: “I demanded we reconsider this critical funding and I’m glad three other Councilors voted with me to accept these resources to combat COVID-19. Lives will be saved because I stood up for the health and well-being of the people of New Hampshire.”

Andrew Manuse, a former state Representative who heads RebuildNH, a group that opposed the contracts and federal vaccination mandates said, “I’m disgusted. Those of us who have jobs, families and other business to attend to in our lives can’t be watching the people we elect like a hawk every waking minute–you would think that we could trust them to not flip-flop on something this important.

“These two-faced back-stabbers are going to have to answer to what they’ve done at some point, whether at the ballot box or when they face God. I’m honestly repulsed that they would accept this money to enforce vaccination propaganda on people who aren’t going to change their minds on this vaccine no matter what the government says or does. It’s a waste, and our grandchildren are going to have to pay for this, and maybe in more ways than one. I guess we’ll have to switch gears and focus on stopping this at the Fiscal Committee meeting,” Manuse said in an email.

State Employees Picket

About 50 members of various parts of the State Employees Association, including units from liquor enforcement and transportation, attended the meeting and held signs decrying the low wages the state pays entry-level workers.

Ralph Mecheau, who is a member of the SEIU local chapter and works for Liquor held, held a sign urging competitive wages, noting a clerk’s starting wage is $12.68 an hour with no benefits and a maximum of 28 hours of work offered each week.

Other signs read, “Phone 271-2121” and “I vote too.” Some signs said the workers were fighting for fair wages and their families.

Judicial Nomination

Sununu nominated Mark Attorri of Bow to serve as justice of the New Hampshire Superior Court.
The council confirmed Sununu’s nominations of three circuit court justices who all received glowing support during public hearings last Friday. They are Michael Zaino of Hampton, Philip Cross of Portsmouth, and Daniel Swegart of Warner.

Kenney complimented his fellow councilors for a marathon day of hearings Friday which also included a nominee for chair of the Public Utilities Commission and another to serve as a member.
Stevens, said Zaino and Cross will be able to “hit the ground running.”

Democrat Maneval Sworn In

Andrew Maneval of Harrisville is a newly minted State Representative. He was sworn by the governor before the Executive Council meeting Wednesday with his wife, Marylou DiPietro, by his side.

Maneval won a special election to fill the seat left by the death of state Rep. Douglas Ley, D-Jaffrey who died of cancer in June. Maneval won a recent special election to represent Jaffrey, Dublin, Roxbury, and Harrisville against Rita Matson, a Republican.