Declaration Of Jason Jackson
- Date
- 2021-11-04
Summary
Exhibit M, filed November 4, 2021 as Doc. #: 9-13 in State of Missouri, et al. v. Joseph R. Biden, Jr., et al., No. 4:21-cv-01300-DDN, in the U.S. District Court for the Eastern District of Missouri. It is the Declaration of Jason Jackson, Director of the Nebraska Department of Administrative Services, submitted in support of Plaintiffs' Motion for Preliminary Injunction. The declaration lists Nebraska agencies holding federal contracts, including with the CDC and the U.S. Army Corps of Engineers, that it states appear to fall within the federal contractor vaccine mandate the Plaintiff States challenge. It describes Executive Order No. 21-16, issued October 28, 2021, and states which of those agencies are Cabinet executive branch agencies covered by it. A copy of the executive order is attached.
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Case: 4:21-cv-01300-DDN Doc. #: 9-13 Filed: 11/04/21 Page: 1 of 7 PageID #: 387
EXHIBIT
M
Case: 4:21-cv-01300-DDN Doc. #: 9-13 Filed: 11/04/21 Page: 2 of 7 PageID #: 388
IN THE UNITED STATES DISTRICT COURT
['OR THE EASTDRN DISTRICT OF'MISSOURI
EASTERN DIVISION
STATE OF MISSOURI, et al.,
Plaintffi,
v. No.4:21-cv-01300
JOSEPH R. BIDEN, JR., et al.,
Defendants.
DECLARATION OF JASON JACKSON
l. My name is Jason Jackson, and I am the Director of the Nebraska Department
of Administrative Services. I am also a resident of the State of Nebraska and over the age of
majority. I have personal knowledge of the facts in this declaration, and those facts are ttue
and conect to the best of my knowledge.
2. I submit this declaration in support of Plaintiffs' Motion for Preliminary
Injunction.
3. The State of Nebraska has various state agencies that are federal contractors
and will be directly affected by the federal contmctor vaccine mandate that Plaintiff States
have challenged in this case.
4. The Nebraska Departrnent of Health and Human Services is a contractor for the
federal Centers for Disease Control and Prevention ("CDC"), That Nebraslca agency currently
has a contract with CDC to provide Vital Statistics Cooperative Program data and to perform
special projects related to that program. The arnount of this contract exceeds the simplified
Case: 4:21-cv-01300-DDN Doc. #: 9-13 Filed: 11/04/21 Page: 3 of 7 PageID #: 389
acquisitiontlu'esholddefinedinSection2.l0l oftheFederalAcqttisitionRegulation('FAR").
As a resuit, it appeals that this contract falls within the class of contracts to which the federal
contractor vaccine mandate applies.
5. The Nebraska Department of Agriculture is a contractor for the federal
Department of Health and Human Services. That Nebraska agency curently has an animal
food inspection contract with that federal agency. The amount of this contract exceeds the
simplified acquisition threshold defined in Section 2.101 of the FAR. As a result, it appears
that this contract falls witliin tlie class of contracts to which the federal contractor vaccine
mandate applies.
6. The Nebraska Department of Education is a contractor for the federal
Departnrent of Education. That Nebraska agency cur:'ently has a National Assessment of
Educational Progress contract with that federal agency. The amount of this contract exceeds
the simplified acquisition threshold defined in Section 2.101 ofthe FAR. As a result, it appears
that this contract falls within the class of contracts to which the federal contractot vaccine
mandate applies.
7, The Nebraska Game and Parks Commission is a contractor for the U.S, Army
Corps of Engineers - an agency under the federal Departrnent of Defense. That Nebraska
'Jlhe
agency currently has a confiact for endangered species studies with that federal agency.
amount of this contract exceeds the sirnplified acquisition threshold defined in Section 2.i01
of the FAR. As a result, it appears that this contract falls within the class of contracts to which
the federal conttactor vaccine mandate applies.
8, On October 28,202l,Nebraska Govemor Pete Ricketts issued Executive Order
No. 21-16, which is titled "Federal Govemment's COVID-l9 Vaccine Mandate Interference
2
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in State Government Operations." A copy of the Executive Order is attached to this
declaration.
g. The Executive Ordel is directed to each "Cabinet executive branch agency" in
Nebraska. The Nebraska Department of Administrative Services, under rny leadership, is a
Cabinet executive branch agency that falls under the Executive Order,
10. According to the Executive Order, the State "lecognizes that Nebraskans have
individual responsibility and personal freedom over their healthcare decisions and that the
decision to receive a COVID-19 vaccination is a personal choice involving medical, religious,
and other personal factors."
1 1. The Executive Order directs that "[n]o Cabinet executive branch agency shall
be a party in any agreement, any contract, any contract amendment, contract renewal, contract
addendum, contract modification, grant agreement, lease agreement, metnorandum of
understanding or agreement that includes any requirement imposing a duty, obligation, or
mandate on any person to receive a COVID-I9 vaccination."
t2, The Executive Order became "effective immediately and shall remain in efftct
until specifically rescinded or amended by fuither Executive Order."
13. Some of the Nebraska agencies with federal contracts mentioned above are
"Cabinet executive branch agencies" that are covered by the Executive Order. Those include
the Nebraslca Depaftrnent of Health and Human Services and the Nebraska Department of
Agriculture.
14. Some of the Nebraska agencies with federal contracts mentioned above are not
"Cabinet executive branch agencies" and so they are not covered by the Executive Order.
Those include the Nebraska Department of Education and the Nebraska Game and Parks
a
-)
Case: 4:21-cv-01300-DDN Doc. #: 9-13 Filed: 11/04/21 Page: 5 of 7 PageID #: 391
Commission.
I declare under penalty of perjury that the foregoing is true and correct to the best of
my knowledge.
Executed on this the ln o*ofNovemb er,2a2l.
Jason
Services
4
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j,
STATE a/ NEBRASKA
OFFICE OF THE COVERNOR
LINCOLN
Executive Order No. 2l-16
Federal Government's COVID-l9 Vaccine Mandate Interference in
State Government Operations
WHEREAS, the State of Nebraska in202Q implemented a mass vaccination program to combat
the spread of the novel COVID-I9 virus and overT3o/o of Nebraskans who are 12 and older are
either fully vaccinated or partially vaccinated;
WHEREAS, I have continued to encourage all eligible Nebraskans to get vaccinated against
COVID.I9;
WHEREAS, the State further recognizes that Nebraskans have individual responsibility and
personal freedom over their healthcare decisions and that the decision to receive a COVID-I9
vaccination is a personal choice involving medical, religious, and other personal factors;
WHEREAS, individuals are not, nor should they be, mandated by Nebraska state statutes to
receive a COVID-19 vaccine;
WHEREAS, the federal govemment has announced that it will unilaterally impose new
vaccination mandates on federal employees, federal contractors, healthcare workers, and those
businesses with 100 or more employees; and
WHEREAS, these vaccination mandates demonstrate massive overreach on the part of the federal
government, are legally suspect, and should not, in any manner, be construed to flow through to
any state government agency contract or those companies with whom state government enters into
contracts.
t3 **-*-"**o I
Case: 4:21-cv-01300-DDN Doc. #: 9-13 Filed: 11/04/21 Page: 7 of 7 PageID #: 393
NOW THEREFORE, I, Pete Ricketts, Govemor of the State of Nebraska. by virtue of the
authority vested in me by the Constitution and laws of Nebraska, do hereby order and direct the
following actions in order to oppose the federal government's COVID-I9 vaccine mandate
overreach:
l. No Cabinet executive branch agency shall be a party in any agreement, any contract,
any contract amendment, contract renewal, contract addendum, contract tnodification,
grant agreement, lease agreement, memorandum of understanding or agreement that
includes any requirement imposing a duty, obligation, or mandate on any person to
receive a COVID-19 vaccination.
2. All Cabinet executive branch agencies shall immediately notify the Governor's Offtce
if any federal agency attempts to require a COVID-19 vaccination mandate of any kind
with regard to any contracts or funding or lease agreements between the state
govemment agency and the federal government.
3. All other executive branch agencies are encouraged to comply with these directives.
4. This Executive Order shall become effective immediately and shall remain in effect
until specifically rescinded or amended by further Executive Order.
IN WITNESS TIIEREOF, I have hereunto set my hand and caused the Creat Seal of the State of
Nebraska to be affixed on this 28th day of October, 2021.
Ricketts, Governor
State of Nebraska
Attest: M
Robert Evnen, Secretary of State
State of NebraskaFile and source
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