Attachment 1
City Council Drug and Alcohol Testing Policy
I. STATEMENT:
In its efforts to maintain a drug free workplace the City of Burbank has implemented several programs to meet this objective. These include: 1) a pre-employment drug screening examination for all employees; 2) a federally mandated random testing policy (pursuant to Department of Transportation regulations) for all covered employees holding a Class A or B drivers license and; 3) a policy covering any employee reasonably suspected of being under the influence of a controlled substance or alcohol. In keeping with these policies, this policy establishes a process for random drug and alcohol testing of all members of the Burbank City Council. Due to legal considerations, participation in this policy is entirely voluntary.
DEFINITION:
For purposes of this policy, the following definitions shall apply:
"City Council Members" shall include those members elected at large by the qualified voters of the City, those members elected by special election to fill a vacancy and those members appointed by the remaining members of the City Council to fill a vacancy.
"Controlled substance" refers to the following illegal drugs as defined in the California Health and Safety Code: marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP).
III. PROCEDURE:
A. Random Selection of Members for Testing
The names of the members of the City Council shall be
entered into a commercially available computer program
designed to randomly select individuals for testing. The City Council's pool shall be separate from the currently existing pool of City employees required to be drug tested pursuant to Department of Transportation mandates. This pool will be designated "City Council Members." Members will be
added or deleted to this pool according to the start and end dates of their City Council terms.
2. Testing shall be done once every three months. Two
members shall be randomly selected each time for testing.
Any member who has submitted to testing within the
previous three month period shall be passed and another name randomly selected.
Selection shall occur only on a day on which a regular City Council Meeting is scheduled. Council Members who are
selected by the program will be notified by no later than 10:00 AM on the day they are selected that they have been selected for testing and they will be given the location of the designated medical testing facility. They will be notified of the testing facility's hours of operation and they will have until the close of business that day to present themselves for testing purposes should they choose to voluntarily submit to the testing.
4. Testing shall be conducted in accordance with the City of Burbank protocols in existence at the time of the test.
Selected Council Members shall use a breathalyzer test for alcohol testing and a urine sample for controlled substance testing. Test results will be provided by the testing facility to the tested Council Member only and it will be up to the Council Member to disclose the results by submitting the test results documentation to the City Clerk's Office where they will be made available for viewing upon request.
B. Announcement of Test Results
1. The test results for any City Council Member voluntarily submitting to the testing and who voluntarily provides the test result documentation to the City Clerk's Office shall be a public record available for viewing in the City Clerk's Office.
C. Testing Criteria
1. For purposes of this policy, alcohol test shall be conducted by breathalyzer analysis. Any reading above 0.08% shall be deemed to be a "positive" finding. If a positive finding is made, a second confirmation test will be conducted after an approximate 15 minute wait. If the second test reports a reading of less than 0.08%, the official results will be reported as "non-reportable" or "negative." If the second reading is still at or above 0.08%, the official results will be Member.
2 2. Urine samples will be collected at the designated medical facility and transported to a separate federally licensed and approved testing facility for initial analysis and confirmation if necessary.
Written confirmation of the test results, whether positive or negative, may take up to 72 hours before receipt. Test results for controlled substances as defined herein shall be reported if any amount of a controlled substance as determined by DOT guidelines is detected. Where no controlled substance is present, the test results shall be reported as "Not Reportable." The test results will be provided by the testing facility directly to the Council Member. Once the Council Member has the results of either or both tests, the decision to publicly release the results is solely theirs. If the Council Member chooses to waive his or her rights to privacy, the Council Member can submit the official results documentation to the City Clerk's Office along with the waiver form provided by the Management Services Department where the results will be made available to the public upon request.