Subject: 19275/Amend 18650/Rescind 18021/Drug Testing Procedures
Date: Thu, 2 Jan 1992 11:54:00 -0500


                               RESOLUTION NO. 19275
                  
                  
                   A RESOLUTION TO AMEND RESOLUTION NO. 18650,
                   ENCAPTIONED "A RESOLUTION TO ADOPT UNIFORM
                   PROCEDURES FOR DRUG TESTING." AND RESCINDING
                   RESOLUTION NO. 18021, ENCAPTIONED "A
                   RESOLUTION ADOPTING A DRUG TESTING POLICY
                   FOR THE POLICE DEPARTMENT AND AMENDING THE
                   POLICE MANUAL."
                  
                                                    
                  
                  
       	    	 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE, That Resolution No. 18650, encaptioned
       hereinabove, be and is hereby amended as set forth hereafter:
            	 That paragraph 1.2 be amended by adding thereto the
            following definition:
                 Reasonable Suspicion Testing.  Reasonable
                 suspicion testing may be conducted where there
                 is an apparent state of facts and/or
                 circumstances found to exist upon inquiry by
                 the supervisor, which would induce a
                 reasonable intelligent and prudent person to
                 believe the employee was under the influence
                 or using drugs.
                
            	 That paragraph 2.2(e) be deleted and the following
            substituted in lieu thereof:
                 (e)  Privacy.  Procedures for contributing and
                      collecting urine specimens shall allow
                      individual privacy without direct
                      observation of the act of urination,
                      unless there are reasonable grounds to
                      believe that a particular individual may
                      alter or substitute the specimen to be
                      provided.
                
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            	 That paragraph 2.6 be amended by deleting the last
            sentence and substituting in lieu thereof the following:
                 The results of drug urinalysis shall be
                 treated as confidential medical records under
                 T.C.A. A7 10-7-504.  The results of drug
                 urinalysis shall be maintained by the
                 Personnel Office separately from personnel and
                 other records regarding employees that are
                 open for public inspection.  In the event any
                 general reports or studies are conducted with
                 respect to drug-testing, drug usage, or
                 related matters, the City will delete the
                 names of affected employees and other
                 identifying information to preserve
                 confidentiality.  Nothing herein shall affect
                 the admissibility of such reports in any
                 disciplinary hearing regarding the employee.
                
            	 That paragraph 2.7 be amended by adding thereto the
            following:
                 An employee will have the right to have
                 his/her specimen tested independently by a
                 separate laboratory provided that the aliquot
                 is sent directly from one laboratory to
                 another by courier or other means that will
                 maintain the chain of custody.
                
            	 That a new paragraph 2.8 be added as follows: 
                 2.8  Testing permitted.  Employee drug testing
                      shall be permitted under the following
                      circumstances:
                
                      (a)  as a part of pre-employment
                           physicals or other pre-employment
                           selection procedures,
                
                      (b)  firefighters, police officers,
                           ambulance personnel, and other
                           employees who use firearms or whose
                           employment is fraught with a great
                           risk of injury to others and who
                           therefor should be tested to protect
                           the public safety may be tested on a
                           uniform or periodic basis,
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                      (c)  reasonable suspicion testing,
                
                      (d)  employees subject to Department of
                           Transportation Regulations or other
                           applicable state or federal
                           regulations or laws may be tested as
                           specified in said regulations or
                           laws.
                
                
       	    	 BE IT FURTHER RESOLVED, That Resolution No. 18021,
       encaptioned hereinabove, be and is hereby rescinded.
      
       ADOPTED: January 6, 1992
      
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