DRUG TESTING POLICY OFFERS SECOND CHANCE

Council Approves New Plan Which Expands Testing

Tuesday October 02, 2001; 11:00 AM Charleston city employees will get a
second chance to keep their jobs if they test positive for drugs or alcohol
under part of a new random drug-testing program narrowly passed by City
Council.

About 800 of the city's approximately 900 employees will be subject to
random drug testing when the bill, which was approved 19-5, takes effect in
five days. City workers are currently subjected to drug tests only if their
supervisors have an objective, reasonable suspicion.

An amendment to the bill, which passed council 14-11, will give city
workers a second chance to keep their jobs after scoring positive on a
random test. Originally the bill stated employees could be fired after one
positive test result.

Now, those caught will be able to keep their jobs if they follow a strict
set of regulations. The worker would be suspended without pay, would have
to waive rights to sue or appeal within 48 hours, enter a drug treatment
program paid for by the employee without health care claims to the city,
follow a substance abuse professional's orders and then be subject to at
least six more tests during the first year. Employees who tested positive
again would be fired.

Council debated the second chance amendment at length, discussing the
advantages of trying to rehabilitate someone with the disadvantages of
having a known drug or alcohol abuser on the city's payroll.

"I think our basic obligation is to protect the health and safety of the
public," said Councilman Charlie Loeb. "I'm more concerned with the person
on the street."

Councilman Dave Molgaard, who introduced the second chance amendment and
worked in the city employees committee to see it passed, said giving a
second chance is the best way to help curb the drug problem.

"We're not doing anything unless we get the person with the problem to
rehabilitation," Molgaard said. "This might be the kick in the pants they
need to get back on their feet."

Some worried about the city's liability if it kept someone who tested
positive on the payroll. City Attorney Jill Harlan said in most cases the
city would be exempt but there are exceptions.

Council members also wondered how much it could cost the city to keep city
workers' jobs open while they complete counseling. City Manager Sherry Risk
said if the person were a police officer or firefighter, it would cost the
city in overtime hours. For other positions, temporary help -- at an
average rate of about $10.50 an hour -- could be used. The city wouldn't be
paying the normal employee at that time because he or she would be
suspended without pay.

Risk said projections and figures from other cities suggest a 10 percent to
20 percent failure rate on the first round of random drug tests.

About half of the 800 employees to be randomly tested are police and
firefighters. If they test positive for drug use and believe the results
are false, they can appeal to their own hearing board, or follow the city's
guidelines and voluntarily give up their rights to appeal, enter drug
treatment programs and retain their jobs.

They would have the same right to appeal if the city kept its original
"one-strike" policy.

Also at Monday's meeting, council approved an additional $15,000 for a
study done by Gibbons and Kawash to find more efficient ways for the city
to collect money. The city hopes to receive the audit of the city
collector's office by the end of October.