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Home My WebLink AboutBIL 134 Draft 01 2010-2012OFFICE INFORMATION ONLY Meeting: Council - December 7, 2011 Action: Postponed to call of Chair; never taken back up. Re: Rill 134; Comm. 446 (2010-2102 term); GRC-8 not adopted). J+tV Of of COUNTY OF HAWAII �• �r� cs•N�,.� ORDINANCE NO. STATE OF HAWAII BILL NO. 134 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. Hawaii 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. Hawaii 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 Hawaii 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. SECTION 2. The Hawaii 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 Hawaii 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. "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. 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 17-3. Refusals. Elected officials may not refuse the administration of the required annual drug test by any method, including: (1) Refusal to take a test either by statement or actions; (2) Refusal to sign appropriate forms as required; (3) Failure to report for a scheduled appointment to provide a specimen; (4) Failure to report to the collections site in the time allotted; (5) Tampering with our attempting to adulterate the specimen or collection procedure; (6) Failure to cooperate or comply with the collection site person, substance abuse professional, or medical review officer; and (7) Failure to provide adequate specimen within a reasonable time period without a valid medical explanation. Section 17-4. Test Results. (a) Upon a positive test result, the elected official shall be notified by a licensed medical review officer of the state. The medical review officer shall meet with the elected official to determine if there is a legitimate cause for the 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 2 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) £(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, Hawaii 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." SECTION 4. Article V, section 5-1.6, Hawaii County Charter (2010 Edition), is amended to read as follows: "Section 5-1.6. Removal of Mayor. (a,) The mayor may be removed by impeachment or recall proceedings as provided by this charter. The mayor shall be removed from office for failure of the mandatory drug test for elected officials, pursuant to Section 17-4." 3 SECTION 5. Article IX, section 9-6, Hawaii County Charter (2010 Edition), is amended to read as follows: "Section 9-6. Removal of Prosecuting Attorney. La) The prosecuting attorney may be removed by impeachment or recall proceedings as provided by this charter. The prosecuting attorney shall be removed from office for failure of the mandatory drug test for elected officials, pursuant to Section 17-4." SECTION 6. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance, which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 7. For Sections 3, 4, and 5 of this ordinance, charter language to be added is underscored. When revising, compiling or printing these charter provisions for inclusion in the charter of the County of Hawaii, the reviser need not include the underscoring. SECTION 8. The charter amendment proposed in this ordinance shall take effect upon its approval by a majority of voters voting thereon in the 2012 General Election. The provisions of this ordinance shall be applicable to officials elected to County office in the 2012 General Election. , Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Date of 3`d Reading: Effective Date: REFERENC& Compo, 446 DUCED BY: COUNCIL MEMBERCCOUNTY OF HAWAII .19