Town Board Meeting Minutes October 16, 2006

In attendance:

Tom Breiten, Supervisor

Meg Kiernan, Councilman

Anne Geddes-Atwell, Councilman

Bryan Pernat, Highway Superintendent

Roger Cecee, Consultant

A brief meeting of the Town Board was held to learn about the Town’s drug policy and federal laws governing drug testing and commercial drivers. No motions made or resolutions adopted.

The meeting was called to order at 8:45.

Mr. Cecee reviewed the Town’s Drug and Alcohol Policy and informed those in attendance of Federal laws and requirements as they relate to persons working for the Town who hold a Commercial Driver’s License (CDL). Some of those points are as follows:

A pre-employment drug test is required before a new hire is allowed to drive a Town truck.

Before hiring a new employee, one is required to contact their previous employer and ask if the applicant has had a positive drug test in the past two years. This is done by sending a letter to the applicant’s previous employer (a copy of which must be retained. If no reply is received, the previous employer would be liable in a suit, not the Town.

To meet the requirement of “probable cause” in situations involving drug or alcohol use on the job one must only have a “reasonable suspicion” that drugs or alcohol are in use.

Drug testing is required after any accident that results in a fatality.

The law prohibits the consumption of any alcohol within 4 hours before driving a truck.

If an employee tests positive for drugs or alcohol, that information must be held in strictest confidence.

Mr. Cecee pointed out that Item #6 in our current policy resluts in termination in almost all other drug policies he is familliar with.

In Item #8, the Town Board might want to revieew the current policy and change it to include termination after the second verified positive test.

Changes to this policy might have to be negotiated with CSEA

Councilman Atwell left the meeting for a previous engagement at 9:30.

Meeting ended at 9:48.