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Indybay Feature

Council Repeals Drug City Employee Drug Test Prohibitions

by Berkeley Daily Planet (reposted)
Friday, June 29, 2007 : At its meeting Tuesday the Berkeley City Council repealed the ordinance that prohibits the city from drug testing employees, approved a $369,000 budget, adding back some social services that had been cut and heard from both citizens and the developers' representative on the question of a proposed commercial development at College and Ashby avenues.
The council voted 5-1-2 to rescind the ordinance that prohibits most city employees from being tested for drugs and alcohol. (Federal law allows employees working with heavy machinery to be tested.) While the ordinance that is repealed covers all city employees (except those exempted under federal law), it is aimed at police and firefighters, whose four-year contracts are in negotiation.

Drug testing would take place only if the unions allow it.

Human Resource Director David Hodg-kins assured the council that testing would be "under limited circumstances." It would occur after accidents, use of force and when there was "reasonable suspicion" that an employee was using drugs.

"We hire officers from the human race," Chief Doug Hambleton told the council. "Officers have frailties like everyone else."

Both Councilmember Max Anderson, who expressed concern around "constitutional issues of privacy," and Councilmember Darryl Moore abstained on the vote, saying the issue should have been vetted through the city's Personnel Commission, where it could have a full hearing. And Councilmember Kriss Worthington voted in opposition, saying the discussion should start with the unions, rather than first repealing the law, then going to the unions.

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