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HomeMy WebLinkAboutORD-2005-203 - Personnel Ordinance Revision - Drug and Alcohol TestingORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Dater December 5, 2005 B 5~~'u3 ~~ Action Age ~ a Item No. -~ SUBJECT: Personnel Ordinance Revision - Dru and Alcohol Testin DEPARTMENT: Personnel PUBLIC HEARING: (YIN) No ATTACHMENT(S): Draft Personnel Ordinance Revision INFORMATION CONTACT: Kathleen Goodhand, Human Resources Analyst, 919-245-2556 Elaine Holmes, Personnel Director, 919-245-2552 PURPOSE: To consider a revision to the Orange County Personnel Ordinance to implement the new State law effective December 1, 2005 requiring that the County report any positive drug or alcohol test for an employee in a Federal Transportation Administration (FTA) safety sensitive position to the North Carolina Division of Motor Vehicles. BACKGROUND:. As provided under N. C. General Statute 20-37.19, Section 1 effective December 1, 2005, the employer of any employee subject to Federally Required Position Coverage (FTA Safety Sensitive) who tests positive in a drug or alcohol test is required to notify the N.C. Division of Motor Vehicles within five business days following the employer's receipt of confirmation. of a positive test. FTA Safety Sensitive positions are those positions subject to Federal Drug and Alcohol testing. This applies to any employee who: 1. Operates a commercial motor vehicle and is subject to commercial driver's license (CDL) requirements and 2. Performs or supervises the performance of certain functions related to mass transit. The attached draft Personnel Ordinance revision implements the State law requirement. FINANCIAL IMPACT: None RECOMMENDATION(S): The Manager recommends that the Board approve the attached Personnel Ordinance revision effective December 1, 2005. 2 Attachment i Draft Orange County Personnel Ordinance Revision Article III; Section 11.12 Drug and Alcohol Testing, Responsibilities (Changes shown in bold type.) 11.0 Drug And Alcohol Testing 11.12 Responsibilities c. The Personnel Department: • Assures information regazding the testing and referral of employees and applicants under this policy is treated as confidential in accordance with the requirements of North Cazolina law governing the privacy of employee personnel records. • Makes arrangements for testing services and assures these aze in compliance with the Federal drug and alcohol testing regulations. • Assures federally required drug and alcohol testing records are maintained. • Subnuts annual drug and alcohol testing reports as required by the State and Federal Government. • Maintains the list of positions which are identified as County safety sensitive under Orange County's safety sensitive definition and positions which are identified as FTA safety sensitive by Federal Drug and Alcohol Testing regulations. • Reports any positive drug or alcohol test for an employee in a FTA safety sensitive position to the State Division of Motor Vehicles (DMV) within five business days following receipt of confirmation of a positive test. The notice includes the driver's name, home address, driver's license number, social security number and results of the drug or alcohol test. Note: Upon receipt of notice of a positive drug or alcohol test, the DMV will disqualify the employee from operating a commercial motor vehicle or other public transit vehicle until successful completion of treatment. • Arranges for referrals to a substance abuse professional when a positive test or refusal to test occurs. • Receives and communicates test results to the department head. • Provides for one hour of training for each employee in a FTA safety sensitive or County safety sensitive position in the signs and symptoms of drug and alcohol abuse, including the effects and consequences of drug and alcohol abuse on health, safety and the work place. • Provides access to this policy and the corresponding federal regulations including 49 CFR Parts 655 and 40, as amended, for all employees. • Provides at least two hours of training for supervisors on the physical, behavioral, speech and performance indicators of probable drug and alcohol use. ©~L~ - ~~~5 ~~~~ The Board reappointed Sandra Grey Herring to the OPC Area Board. l °~ ~ ~`~ a0~~ c. Propertv Tax Refund `~~ The Board adopted a refund resolution, which is incorporated by reference, related to one (1) request for property tax refund in accordance with the N.C. General Statute 105-381. d. Propertv Tax Releases The Board adopted a resolution that is incorporated by reference, to release property values related to four (4) requests for property tax release in accordance with the N.C. General Statute 105-381. e. Propertv Value Changes The Board approved value changes made in property values after the 2005 Board of Equalization and Review adjourned. f. Personnel Ordinance Revision - Drug and Alcohol Testing The Board approved a revision to the Orange County Personnel Ordinance to implement the new State law effective December 1, 2005 requiring that the County report any positive drug or alcohol test for an employee in a Federal Transportation Administration (FTA) safety sensitive position to the North Carolina Division of Motor Vehicles, effective December 1, 2005. g_ RFP Award: Surveying at Landfill The Board awarded an RFP for miscellaneous survey work as required for Solid Waste Management operations to Summit Consulting Engineers of Hillsborough, North Carolina for a period of three years with the option of extending the agreement an additional three years and authorized the Manager to sign. h. Budget Amendment #6 The Board approved budget and grant project ordinance amendments for fiscal year 2005-06 for Department of Social Services, Department on Aging, Cooperative Extension, Solid Waste Enterprise Fund, and Gravelly Hill Middle School Capital Project. i. Approval of Subordination Agreement Related to Hurricane Floyd Mitigation Program The Board approved an agreement related to a bank loan against property acquired by homeowners who participated in the federal Hazard Mitigation Grant Program (HMGP) following damage to their property during Hurricane Floyd in 1999 subject to final review by staff and the County Attorney, and authorized the Chair to sign. L Draft Environmental Responsibility Goal The Board adopted the Environmental Responsibility in County Government goal. k. Examination of Bonds The Board maintained the bonds at their present levels. I. SportsPlex Management Agreement and Purchase Agreement Amendments This item was removed and placed at the end of the consent agenda for separate consideration. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA: I. SportsPlex Management Agreement and Purchase Agreement Amendments The Board considered final approval of an agreement with Recreation Factory Partners to provide operational management of the SportsPlex, and to approve amendments to the agreement to purchase that property from RT Holdings, Inc. (RT Holdings is a corporation created by Eaton Vance for the purpose of owning and operating the SportsPlex); and authorize the Chair to sign agreements, subject to final review by the staff and the County Attorney. Commissioner Gordon made reference to pages 12-13 and the definition of "operating revenue benchmark". She would like an explanation of how the operating revenue benchmark works. She said that this influences how to word the management agreement for the facility.