COM 0446.002 2010-2012 - Laserfiche WebLink

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positive test result. A legitimate cause includes that the elected official obtained the drug pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs and that elected official injected, ingested, or inhaled the drug in accordance with the health professional's directions, providing the prescription was obtained prior to the administering of the drug test. (b) The director of human resources shall notify the elected official of the medical review officer's findings. (c) If a positive test result is confirmed by the medical review officer, an elected official may request that a split urine specimen be sent to a different laboratory for testing. The request must be made within seventy two hours of the notification of a confirmed positive test result. Upon the elected official's request, the medical review officer shall order testing of the split urine specimen. The elected official must pay for the split sample test at the time of request. If the testing of the split urine specimen fails to confirm the positive test result of the initial drug test, the medical review officer shall render both tests void, the records related to the voided tests shall be expunged, and the cost of the split sample shall be reimbursed. (d) If the primary drug test is positive and the elected official does not request a split urine specimen test as provided in subsection (c), or a positive drug test is confirmed by the split urine specimen test, the elected official shall receive a disciplinary suspension without pay for two consecutive pay periods, be required to be assessed by a drug treatment counselor, and enroll in drug education classes at the recommendation of the drug treatment counselor. The elected official shall then be required to take a follow -up test within ninety days of: (1) The initial drug test if the split urine specimen test is not applied; or (2) The split urine specimen test. (e) Upon a positive follow -up test result: (1) A council member shall be removed from office pursuant to Section 3- 5; (2) The mayor shall be removed from office pursuant to Section 5 -1.6; or (3) The prosecuting attorney shall be removed from office pursuant to Section 9 -6. (e) Any vacancy occurring due to the provisions of this article shall be filled as provided by this charter." SECTION 3. Article III, section 3 -5, Hawai`i County Charter (2010 Edition), is amended to read as follows: "Section 3 -5. Removal of Council Members. (a) Any council member may be removed by impeachment or recall proceedings as provided by this charter. (b) A council member shall be removed from office for failure of the mandatory drug test for elected officials, pursuant to Section 17 -4." 5