COM 0446.002 2010-2012 - Laserfiche WebLink

Home

AN ORDINANCE INITIATING AN AMENDMENT TO THE HAWAII COUNTY CHARTER (2010 EDITION) BY ADDING A NEW ARTICLE RELATING TO MANDATORY DRUG TESTING FOR ELECTED OFFICIALS AND AMENDING ARTICLE III, SECTION 3 -5, ARTICLE V, SECTION 5 -1.6, AND ARTICLE IX, SECTION 9 -6, RELATING TO REMOVAL OF ELECTED OFFICIALS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. Hawai`i County believes that a healthy and productive work force and safe working conditions free from the effects of drugs are important not only to the County, but also to employees, volunteers, and the general public. Hawai`i County employees must hold themselves, and be held, to the highest professional standards. These standards mandatorily subject public safety officials and other union members to random drug testing. Because elected officials are stewards of public trust, custodians of public finances, and persons who hold leadership positions, they are subject to a higher standard of scrutiny and responsibility and they too should be subject to mandatory drug testing. The proposed amendments to the Hawai`i County Charter within this ordinance will provide the public the assurance that the decision makers of the County are not under the influence of any illicit substances. The Compelling Interest Standard. 1. Extremely high use of illegal drugs in the County of Hawai`i. The County of Hawai`i has the dubious distinction of having the highest methamphetamine use in the United States. The State of Hawai`i is listed by the U.S. Department of Justice, Drug Enforcement Administration, as an High Intensity Drug Trafficking Area (HIDTA) and therefore, is a port of entry for importation of illegal drugs. In Resolution 127 -11 (see attached Exhibit A) and Ordinance 11 -93 (see attached Exhibit B), both of which passed on September 21, 2011, the County accepted $51,607 in a grant to combat this problem. It is imperative that the mayor, the prosecuting attorney, and the county council be free of the illicit use of proscribed drugs to effectively function as elected officials. 2. Legislation may be negatively impacted by potential blackmail. Since the county council passes assorted pieces of legislation each year valued in the hundreds of millions of taxpayers dollars, its members must be free of the negative influences of illegal drugs in their decisions regarding public funds. Although there is no