CITY LOOKS AT DRUG TESTING FOR COUNCIL, BOARD MEMBERS

Status: Program would be entirely voluntary.

The City Council is looking to add a voluntary drug-testing program to
cover elected council members and citizens serving on city boards and
commissions.

Whether or not individual council, board and commission members take
part in the program is up to them, and in any event the public may
never know the results.

The council on Sept. 2 directed the city attorney to develop a
voluntary drug-testing program for members of the City Council and the
city's various boards and commission members.

Any program that's adopted must be completely voluntary in nature to
preserve the privacy rights of council members and members of the
city's boards and commissions, the city attorney reports.

That's in keeping with U.S. Supreme Court and California Supreme Court
rulings on such drug-testing policies.

"Although the council can request that elected and appointed officials
be tested, it cannot attach any type of penalty or stigma should they
decline to do so," according to a staff report prepared for Tuesday's
City Council meeting. "Furthermore, the council cannot require the
appointed or elected officials to disclose the results of any test to
them or any other person."

If the policy is implemented, the city cannot legally disclose who has
and who has not agreed to voluntary drug testing, except for those who
waive their right to privacy. Likewise, the results of any tests would
also remain confidential, unless those being tested agree to public
disclosure.

The proposed program would cover testing for marijuana, cocaine,
opiates, amphetamines and PCP. The proposed program also provides for
testing for alcohol above the legal limit for operating a motor vehicle.

If implemented as proposed, two pools would be established: one for
council members and one for members of the city's appointed boards and
commissions. The names of two council members and an
as-yet-undetermined number of board and commission members would be
selected randomly for testing once every two months.

The council, at its discretion, could also expand the list of tested
drugs.

In other business, the council is being asked to:

- -- Consider a resolution and ordinance providing for the regulation of
food establishments and food facilities.

If approved, local restaurants and food facilities would be required
to post a letter grade corresponding to the Tulare County
Environmental Health Food Services Inspection Report rating scale of
inspection scores. The score card would have to be posted immediately
upon completion of any county food inspection.

- -- Receive input from the community, during a public hearing, on plans
by the city to accept $100,000 from the state's Citizens' Option for
Public Safety Grant Program.

The city typically uses COPS grant cash to support personnel assigned
to the Police Department's Patrol Division, including all necessary
training, equipment and overtime costs, according to a staff report.

The meeting begins at 7 p.m. in the Council Chamber at City Hall, 291
N. Main St., Porterville.