COM 0446.002 2010-2012 - Laserfiche WebLink

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amendment. Other jurisdictions apparently have not allowed the voters to weigh in on this issue. Although some unions negotiate contracts that allow for random drug testing, elected officials have continued to be protected from such drug tests. A standard of fairness requires that each elected official be held to an equal standard that we require of our employees. An elected official voluntarily takes an oath of office in order to serve in that official capacity. Each elected official has the right to decline to take an oath of office thereby relinquishing the elected official's right to hold office. The county council now establishes a policy that by taking an oath of office, the elected official voluntarily yields their Fourth Amendment interests to the greater public interest. If the elected official so chooses, the elected official does not need to take the oath of office and shall not serve in office, thereby preserving the elected official's Fourth Amendment interests. In conclusion, it is in the County's legitimate and compelling governmental interests to assure the public that their elected officials do not put the public at risk physically, financially, or by untoward acts against the public interest, and that those elected officials discharge their duties effectively. All aforementioned elected officials should have unimpeachable integrity and judgment on the job. Under the conditions described above, the danger of not testing elected officials in the County of Hawai`i for illegal drug use places the public at risk and therefore requires a departure from the individual's Fourth Amendment interests. This drug testing policy is not just symbolic; it is necessary to the fair, safe, and legal functioning of government and is in the public's best interest. It is the public's best interest that elected officials serve, not for their own gratification or the whim of their inclinations. 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. 3