ORD-2003-036 - Personnel Ordinance Revision - Drug and Alcohol Testing

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b. Personnel Ordinance Revision — Drug and Alcohol Testing The Board received a report on possible revisions to the Orange County Personnel Ordinance to update the policy covering employee drug and alcohol testing and to implement the Board's direction as to handling positive drug and alcohol tests. Personnel Director Elaine Holmes said that the purpose of this item is to consider revisions to the County's personnel ordinance covering drug and alcohol testing, and to receive any comment or direction from the Board. Because the County is a federal contractor, it is covered by the Drug Free Workplace Act of 1988, which requires that the County maintain a drug free workplace. The County is also covered by the Transportation Employee Testing Act of 1991. She gave reasons the County has a drug free workplace policy. The County's written policy gives advance notice to employees of the policy and the drug and alcohol testing requirements. There are also strict guidelines for the administration of the test. The revision of the policy is a result of a request from the Board of County Commissioners to look at positive alcohol tests the same as for a positive drug test; and also that dismissal not be the only option. The other reason is to reflect updated federal regulations covering transportation related functions. As written, the policy provides the same handling for a positive alcohol test as for a positive drug test. In the case of a positive test, it provides that the employee is subject to disciplinary action, which may include dismissal, under the discretion of the Manager. If the employee were allowed to stay, it would be done under the terms of a written Return to Duty Agreement. The employee will be dismissed if a follow -up test is positive. Commissioner Jacobs asked how the County treated medical records and who could request them. Elaine Holmes said that medical records are kept separately and in a locked location, only accessible by certain employees. John Link said that the County does not keep medical records on any employee. It would be a rare occasion to have a medical record in a personnel file. Commissioner Jacobs made reference to page 16 - 11.10.7 and read, "Records will be released if requested by a federal, state, or local safety agency with regulatory authority over Orange County or any of its employees." He said that this seems inclusive and vague at the same time. Elaine Holmes said that this is a requirement under NCDOT. She cannot recall such a request in the past, but it is a requirement. She would consult with the County Attorney before giving this type of information. Commissioner Gordon made reference to page 13 and said that the waiting period has been completely eliminated. She asked why there was not some waiting period. Elaine Holmes said that they eliminated this because of the Americans with Disabilities Act that the County cannot create a barrier to employment because of past alcoholism or drug abuse. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to adopt the draft policy with a July 1, 2003 effective date. VOTE:; UNANIMOUS c. Outdoor Lightina Standards The Board considered closing the Public Hearing and making a decision regarding the adoption of the Outdoor Lighting Standards amendment to the Zoning Ordinance. Planning Director Craig Benedict said that this amendment would enable the County to have standards for new development for lighting in the County. There were many comments at the public hearing. There were three areas that were difficult to consider in the administration recommendation. These areas had to do with requiring amortization for existing single - family homes; holiday decorations (Planning Board recommends setting time limits on holiday lights); and another amortization system for existing commercial, industrial, churches, and governmental buildings. They propose not having it in the ordinance at this time, but just beginning a public education campaign for residential and non - residential existing properties to discuss the benefits of changing the lights out over a period of time.