Pubdate: Fri, 15 Dec 2006
Source: Charleston Daily Mail (WV)
Copyright: 2006 Charleston Daily Mail
Contact:  http://www.dailymail.com/
Details: http://www.mapinc.org/media/76
Author: Matthew Thompson

COMMISSION HIRES LOCAL ATTORNEY TO HELP WITH DRUG  TESTING
PLAN

Kanawha County is one step closer to a drug  testing policy for 
employees after commissioners agreed  to hire lawyers to oversee the effort.

The commission voted Thursday to hire local attorney  Jan Fox to 
advise the commission before it implements  such a policy.

Commissioner Dave Hardy said he hopes the county will  adopt a plan 
similar to the one used by the City of  Charleston.

He said Fox should review that plan and make it fit the  county's needs.

"It's exactly what we want and I can't imagine why  anyone would 
oppose it," Hardy said. "It's a very fair  policy."

Fox, an attorney for Steptoe and Johnson, PLLC, works  primarily in 
the field of employment law.

Last month, Hardy pitched a policy that would require  employees in 
safety-sensitive positions to be randomly  tested for drugs. County 
employees who carry firearms  or operate county vehicles would be 
subject to the  tests.

The City of Charleston already randomly screens city  workers in 
safety-sensitive positions. The city's plan  also has a safe harbor, 
which allows employees to come  forward and get counseling if they 
admit to a drug  habit prior to testing.

Charleston implemented its testing policy in 2002.

Commission President Kent Carper said he would like to  test every 
county employee no matter what his or her  job is.

County attorney Marc Slotnick said state and federal  privacy laws do 
not allow mass testing for public  employees.

If a drug testing policy is approved, it would be the  first 
drug-testing measure in use for all of Kanawha  County's employees.

The Kanawha Regional Transportation Authority and  Kanawha Valley 
Ambulance Authority conduct random drug  testing. The county school 
system also has a mandatory  testing policy in place for bus drivers.

Once a plan is drawn up, Carper wants to hold a special  meeting and 
have the commission go over the plan with  all employees.

"I have no intention to vote for a policy unless I get  to read it," 
Carper said. "We need to get a policy and  give each and every 
employee a chance to discuss it  with us."

The commission has not determined a timeframe for the  policy's implementation.

Also at Thursday's meeting, Carper was sworn in by  Chief Circuit 
Judge Duke Bloom for his third term in  office.

Carper, a Democrat, won May's primary election and was  unopposed in 
last month's general election.

With the courtroom packed with friends and family and  his wife 
Debbie by his side, Carper took the oath of  office. Carper assured 
the audience he would be  dedicated to helping residents for the next 
six years.

"I promise to work as hard as ever before," Carper  said. "I will 
work with anyone to make sure this county  moves forward."

Carper has been a county commissioner since 1996. He  first was 
appointed to complete the term of Gary King,  who died in a skydiving 
accident. Carper was elected to  complete King's unexpired term in 
the fall of 1996 and  to his first regular six-year term in 2000.

In the coming term, Carper said he will focus on  developing a 
comprehensive economic development plan  for the county.

Carper said he's working on the plan's specifics and  will provide 
more details after the first of the year.
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MAP posted-by: Elaine