Agenda - 10-20-2009 - 6g - Laserfiche WebLink

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2 • Direct observation collections (a new federal law rule applicable to all DOT Return to Duty & Follow up Drug Testing, effective August 31, 2009). The Federal Transit Administration (FTA) conducts a review of grantees every three years to ensure they meet statutory and administrative requirements of the program. Recently, the FTA conducted a review of Triangle Transit (TT). Orange County Public Transportation is a subcontractor of Triangle Transit, a grantee and recipient of the Urbanized Area Formula Program funds administered by the FTA. In its review of TT, the FTA identified deficiencies in Orange County's Drug and Alcohol Testing Policy. As result, the amendments, included in the attached Administrative Rules and Regulations for the Orange County's Drug and Alcohol Testing Policy, must be submitted to Federal Transit Administration by November 1, 2009. If the County fails to approve changes to Orange County Drug and Alcohol policy, the County will be in violation of mandatory regulations by DOT. TT will have send funds back to the DOT. In addition, Orange County would have to cease the use of its Commercial Motor Vehicle operated by employees who hold Commercial Drivers Licenses. On January 15, 2008, the Board gave the County Manager authority to create a set of Administrative Rules and Regulations that "were consistent and necessary to carry out the provisions of the Personnel Ordinance as well and provide administrative and technical guidance to the Personnel Program." Recently, some significant changes have occurred in the federal regulations governing drug and alcohol testing that must be implemented into the County's Drug and Alcohol Testing program', if the County is to be compliant with federal law. Staff is recommending that instead of incorporating th Ordinance that they be placed into Administrative Rules ar County Manager. This change would allow the Manage brought about by amendments to state and federal laws, The Board would be notified as provided in the Ordinance Administrative Rules and Regulations. (See Attachment 1 Section 11.0 of the Personnel Ordinance and Attachment Rules and Regulations.) ese changes into the Personnel id Regulations implemented by the r to efficiently implement changes regulations and judicial decisions. of any substantive changes to the for the proposed revised Article III, 2 for the proposed Administrative FINANCIAL IMPACT: OPT will not receive DOT funds for Community Transportation Program. RECOMMENDATION(S): The Manager recommends that the Board: (1) Adopt the revised Article III, Section 11.0 of the Orange County Personnel Ordinance, and repeal the current Article III, Section 11.0 upon adoption of the revision; (2) Direct the County Manager to promulgate Administrative Rules and Regulations for a Drug Testing Program consistent with the current Ordinance and state and federal law; and _ (3) Make these changes effective with the signing of the Administrative Rules and Regulations by the County Manager. ' Article III, Section 11.0, of the Orange County Personnel Ordinance.