PURPOSE:

The purpose of this report is to request Council consideration of the first step, in a two step process, which, if approved by the Council, would direct staff to conduct research and return with a policy for drug testing of Council Members.

BACKGROUND:

At the November 15, 2005 City Council meeting, the Council, responding to public comment, asked staff to agendize an opportunity for the Council to consider the issue of drug testing of Council Members.

In May of 1997, a report was presented to the City Council from the City Attorney�s Office (attached as Exhibit A) which concluded that based on a U.S. Supreme Court case (Chandler v. Miller), mandatory drug testing of elected officials was permissible only if there was a demonstrated problem of drug abuse or that drug use by office holders could not be detected through ordinary law enforcement methods.

Following the presentation of that report, the Council voted 3-2 directing staff �to prepare an Administrative Procedure for voluntary drug and alcohol testing of elected officials, on a random basis, and that such policy include a process for reporting the results to the public (minutes from Council meeting attached as Exhibit B).�

Subsequently in July 1997, the former Management Services Director presented a report to the Council which included a draft voluntary random drug and alcohol testing program for the City Council Members (minutes from Council meeting attached as Exhibit C; unfortunately the report and draft policy have not been located).  After reviewing the report, the Council voted 3-2 against the preparation of such a program.

ANALYSIS & CONCLUSION:

Pursuant to the Council request to again review the issue of voluntary drug testing, staff has agendized the issue so that the Council can ascertain whether or not they would like staff to do additional research and possibly return with a drug testing program for City Council Members.   

RECOMMENDATION:

It is recommended that the Council consider whether or not to direct staff to conduct further research and return with a drug testing policy for City Council Members.