COM 0446.002 2010-2012 - Laserfiche WebLink

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November 15, 2011 Page 4 2. Section 2 is amended to read: "SECTION 2. The Hawai`i County Charter (2010 Edition), is amended by adding a new article to be appropriately designated and to read as follows: "Article 17. Mandatory Drug Test for Elected Officials. Section 17 -1. Purpose. The county of Hawai`i supports a drug -free workplace and acknowledges that the illegal or unauthorized use of drugs by elected officials is expressly prohibited. The purpose of this article is to deter and discourage the illegal use of drugs by elected officials and prevent county employees and the tax payers from being adversely affected by elected officials who use illicit substances. Section 17 -2. Definitions. As used in this article: "Drug" means any substance recognized as a drug in the United States Pharmacopeia, the National Formulary, and the Federal Drug Administration. "Drug test" means the scientific analysis for the presence of drugs or their metabolites in the human body in accordance with the State department of health Rules on Substance Abuse Testing. "Elected official" means a person duly elected by voters in the county to serve as a council member, the mayor, or the prosecuting attorney[:] and who has taken an oath of office. "Illegal drug" means any drug that appears on a federal list of illegal substances except for those drugs prescribed by a licensed physician and used for medical necessity. "Medical review officer" means a person who is a licensed physician and who is responsible for receiving and reviewing laboratory results and evaluating medical explanations for certain drug test results. Section [17 2.] 17 -3. Drug Testing. Once a year, the human resource director shall administer a drug test for each elected official at a random time within the calendar year. The cost of the drug test shall be paid by the elected official. Section 17 -4. Notification of drug testing; voluntary agreement by elected officials. The council hereby establishes the policy that once an official - elect takes the oath of office, the elected official voluntarily agrees to submit to random drug testing for illegal drugs in compliance with this policy.