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laboratory for testing. The request must be made within seventy two hours <br />of the notification of a confirmed positive test result. Upon the elected <br />official's request, the medical review officer shall order testing of the split <br />urine specimen. The elected official must pay for the split sample test at the <br />time of request. If the testing of the split urine specimen fails to confirm the <br />positive test result of the initial drug test, the medical review officer shall <br />render both tests void, the records related to the voided tests shall be <br />expunged, and the cost of the split sample shall be reimbursed. <br />(d) If the primary drug test is positive and the elected official does not request a <br />split urine specimen test as provided in subsection (c), or a positive drug test <br />is confirmed by the split urine specimen test, the elected official shall <br />receive a disciplinary suspension without pay for two consecutive pay <br />periods, be required to be assessed by a drug treatment counselor, and enroll <br />in drug education classes at the recommendation of the drug treatment <br />counselor. The elected official shall then be required to take a follow-up test <br />within ninety days of - <br />(1) <br />£(1) The initial drug test if the split urine specimen test is not applied; or <br />(2) The split urine specimen test. <br />(e) Upon a positive follow-up test result: <br />(1) A council member shall be removed from office pursuant to Section 3- <br />5; <br />(2) The mayor shall be removed from office pursuant to Section 5-1.6; or <br />(3) The prosecuting attorney shall be removed from office pursuant to <br />Section 9-6. <br />(e) Any vacancy occurring due to the provisions of this article shall be filled as <br />provided by this charter." <br />SECTION 3. Article III, section 3-5, Hawaii County Charter (2010 Edition), is <br />amended to read as follows: <br />"Section 3-5. Removal of Council Members. <br />(a) Any council member may be removed by impeachment or recall <br />proceedings as provided by this charter. <br />(b,) A council member shall be removed from office for failure of the mandatory <br />drug test for elected officials, pursuant to Section 17-4." <br />SECTION 4. Article V, section 5-1.6, Hawaii County Charter (2010 Edition), is <br />amended to read as follows: <br />"Section 5-1.6. Removal of Mayor. <br />(a,) The mayor may be removed by impeachment or recall proceedings as <br />provided by this charter. <br />The mayor shall be removed from office for failure of the mandatory drug <br />test for elected officials, pursuant to Section 17-4." <br />3 <br />