“Declaration Of Dru Buntin, Director.” Original at storage.courtlistener.com, dated 2021-11-04. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/missouri-edmo-4-21-cv-01300-8th-21-3725-doc-009-att-15-010c150dce/, SHA-256 4ccf1e21f6ea504b2778f94e265dc5b0d6b691528397615fba8a3243bf57f738.
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Case: 4:21-cv-01300-DDN Doc. #: 9-15 Filed: 11/04/21 Page: 1 of 4 PageID #: 399
EXHIBIT
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DECLARATION OF DRU BUNTIN, DIRECTOR
MISSOURI DEPARTMENT OF NATURAL RESOURCES
I, Dru Buntin, being first duly sworn upon my oath, do hereby state as
follows:
1. I am the Director of the Missouri Department of Natural Resources
(“DNR”). 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. DNR has entered into three separate agreements with the U.S.
General Service Agency (“GSA”) to provide oversight of environmental
investigation and remediation of certain federal facilities pursuant to the
Comprehensive Environmental Response, Compensation, and Liability Act.
3. In emails dated October 8, 2021 and October 10, 2021, GSA proposed
modification of those agreements to incorporate the requirements of Executive
Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors
(the “Order”). The emails stated that the contract modifications would be
mandatory before GSA would renew, extend the period of performance of the
contracts, or exercise an option. These agreements are currently set to expire on
December 31, 2021. The emails also stated that GSA may take interim actions if
signed modifications are not returned to GSA by November 14, 2021, such as:
“Temporarily hiding contractor information GSA websites and/or e-tools” or
“Flagging contractors that have not accepted the modification”.
4. DNR has several other agreements with federal agencies that are
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scheduled to expire in 2022.
5. DNR disputes that any of these agreements meet the definition of a
federal contract or contract-like instrument as those terms are defined in the
Order, and that we are consequently subject to any federal contractor vaccine
mandate.
6. In the alternative, and without in any way admitting or stipulating
to being a federal contractor for purposes of a federal vaccine mandate, if DNR
would be determined to be subject to any federal contracting vaccine mandate, we
would be at substantial risk of the harms detailed in the following paragraphs.
7. At least 10 employees of Missouri Department of Natural Resources
received all or a portion of their salaries for Fiscal Year 2021 from funds provided
pursuant to the agreements with GSA.
8. The broad scope of the Order and its implementing guidance
purports to require nearly all of DNR’s employees be fully vaccinated by the first
full day of the period of performance on a renewed or extended contract, even those
whose salaries are not directly funded from federal agreement, as well as any
employee working for an “affiliate company” of DNR, such as private
concessionaires in certain State Parks.
9. Implementing and enforcing the continually changing requirements
of the Order in the time frame required would place an undue administrative
burden upon DNR, reducing the agency’s ability to fulfill its statutory duties, and
affect its ability to provide necessary services to the public.
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10. Implementation and enforcement of the Order could lead to
increased employee turnover, resulting in undue financial and administrative
burdens on DNR from decreased productivity and morale; increased costs for
recruiting, onboarding, and training new employees; and the potential payment
of unemployment claims.
11. The recruitment of qualified employees is a significant consideration
by the agency. Implementation and Enforcement of the Order will limit the
number of applicants and has the potential to make agency recruitment more
difficult. Increased employee resignations and recruitment would interfere with
the agency’s ability to administer state services pursuant to its statutory duties.
Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the
foregoing is true and correct.
Executed on this [handwritten: 4th] day of November, 2021.
[signature]
Dru Buntin
Director
Missouri Department of Department of Natural Resources
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