Declaration Of Marcia Mahaney,

Summary

The Declaration of Marcia Mahaney, Director of Administration for the Missouri Department of Health and Senior Services (DHSS), filed 11/04/21 as Doc. 9-14 in Case 4:21-cv-01300-DDN, lists DHSS federal contracts paying approximately $391,859 for food establishment inspections with the Food and Drug Administration, $265,142 for enumeration of birth with the Social Security Administration and $334,324 for vital records with the Centers for Disease Control and Prevention for Fiscal Year 2021. It states that at least 24 and at least 22 DHSS employees were paid in whole or part from those contracts, and that the federal vaccine mandate is anticipated to lead to resignations, terminations, unemployment costs and recruitment difficulties.

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Case: 4:21-cv-01300-DDN Doc. #: 9-14 Filed: 11/04/21 Page: 1 of 5 PageID #: 394
EXHIBIT
Case: 4:21-cv-01300-DDN Doc. #: 9-14 Filed: 11/04/21 Page: 2 of 5 PageID #: 395
DECLARATION OF MARCIA MAHANEY,
DIRECTOR OF ADMINISTRATION
MISSOURI DEPARTMENT OF HEALTH AND SENIOR SERVICES

I, Marcia Mahaney, being first duly sworn upon my oath, do hereby state
as follows:

1. I am the Director of Administration for the Missouri Department of
Health and Senior Services (DHSS). I am also a resident of Missouri and over the
age of majority. I have personal knowledge of the facts in this declaration, and
those facts are true and correct to the best of my knowledge.

2. In the performance of its statutory duties, DHSS participates with
the federal government on a variety of programs, including as a contractor to the

Federal government, and receives federal funds for the completion of certain

responsibilities.
3. Programs where DHSS acts as a federal contractor include the
following:

a. The DHSS is a contractor for the Food Inspection Program. The
DHSS currently has a contract for food establishment inspections
with the Food and Drug Administration. The amount paid to the
DHSS pursuant to this contract was approximately $391,859 for
Fiscal Year 2021 (July 1, 2020 to June 30, 2021). The amount of
that contract exceeds the simplified acquisition threshold defined in

Section 2.101 of the Federal Acquisition Regulation.
Case: 4:21-cv-01300-DDN Doc. #: 9-14 Filed: 11/04/21 Page: 3 of 5 PageID #: 396
b. The DHSS is a contractor for the Vital Statistics Program. The
DHSS currently has a contract for enumeration of birth with the
Social Security Administration. The amount paid to the DHSS
pursuant to this contract was approximately $265,142 for Fiscal
Year 2021 (July 1, 2020 to June 30, 2021). The amount of that
contract exceeds the simplified acquisition threshold defined in
Section 2.101 of the Federal Acquisition Regulation.

c. The DHSS is a contractor for the Vital Statistics Program. The
DHSS currently has a contract for vital records for the Vital
Statistics Cooperative Program with the Centers for Disease
Control and Prevention. The amount paid to the DHSS pursuant to
this contract was approximately $334,324 for Fiscal Year 2021
(July 1, 2020 to June 30, 2021). The amount of that contract
exceeds the simplified acquisition threshold defined in Section
2.101 of the Federal Acquisition Regulation.

4. The following received all or a portion of their salaries from funds
provided under the federal contract:

a. At least 24 employees of the DHSS received all or a portion of their
salaries for Fiscal Year 2021 from funds provided under the federal

contract for duties related to the Food Inspection Program.
Case: 4:21-cv-01300-DDN Doc. #: 9-14 Filed: 11/04/21 Page: 4 of 5 PageID #: 397
b. At least 22 employees of the DHSS received all or a portion of their
salaries for Fiscal Year 2021 from funds provided under the federal
contract for duties related to the Vital Statistics Program.

5. Based on the general percentage of Missourians who have chosen not
to take a COVID-19 vaccine, I anticipate that the federal vaccine mandate will
lead to a significant number of employees of DHSS quitting. Conversely, I
anticipate that the agency will be compelled to terminate valuable employees for
non-compliance pursuant to the federal vaccine mandate.

6. Employees potentially terminated by the agency pursuant to the
federal vaccine mandate would likely apply for unemployment benefits.
Assuming such benefits were granted, this would impose a significant financial
cost to the agency.

7. The recruitment of qualified employees is a significant consideration
by the agency. I anticipate that the federal vaccine mandate will limit the number
of potential applicants and make agency recruitment more difficult. I anticipate
that such issues of resignations and recruitment wil! interfere with the agency’s
ability to administer state services pursuant to its statutory duties.

8. Given the broad scope of the federal vaccine mandate, the concerns
set forth in paragraphs 5 to 7 will apply to many other employees of DHSS, even

those whose salaries are not directly funded by federal contracts.

Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the
Case: 4:21-cv-01300-DDN Doc. #: 9-14 Filed: 11/04/21 Page: 5 of 5 PageID #: 398
foregoing is true and correct.

Executed on this 4th day of November, 2021.

A fia A>

Marcia Mahaney
Director of Administration
Missouri Department of DHSS


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