Item 6: Ratification of IGR Minutes and Direction on Legislative Policy

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alcohol tests of those employees as required by federal law, and if an employee tested positive for marijuana, they must go to medical review officer who questioned them as to why they had marijuana in their system in violation of the federal regulations. Ms. Bettman asked what happened if an employee tested positive for a prescribed medication. Mr. Solin indicated in those cases of prescription drugs not regulated by the federal government, the proof would be in the employee’s performance. He said that the list of regulated substances included marijuana, cocaine, and methamphetamines. Ms. Taylor believed that the issue of performance was sufficient to address the issue. She wanted the City to support the bill. Mr. Pryor said the law created a “Catch 22” whereby it attempted to supersede a law that superseded a law. He thought it placed important safeguards on how employers could treat such conflicts between federal and State law. Ms. Bettman agreed, but said the law also allowed employers to discriminate against those who used medical marijuana, even if not impaired. That meant that medical marijuana was treated differently than other controlled medications. She determined from Mr. Solin that the City was not testing public safety personnel and asked why the City would want to oppose the bill. Mr. Solin said it was because of the fact the vehicles in question were very large and sometimes they carried children. Ms. Bettman recommended the bill be dropped from further tracking. Ms. Bettman, seconded by Ms. Taylor, moved to drop SB 423 from further consideration. The motion passed unanimously, 3:0. Legislative Concept: Ms. Wilson said that Representative Phil Barnhart had agreed to introduce the concept, which was to remove the cap on businesses paying a right-to-know fee, during the last session and had contacted staff to determine if the City wanted to resubmit it as the deadline was Monday. Ms. Bettman, seconded by Ms. Taylor, moved to change the status of the bill to Priority 1, Support. The motion passed unanimously, 3:0. Mayor Piercy arrived. SB 400 Ms. Wilson said that most of the testimony regarding the bill addressed the concerns of State hospital workers and prison guards. The bill would take away the City’s ability to determine what was best for the City and what it could afford and leave that in the hands of a third-party arbitrator. One of the arguments against the bill was the preemption of local government to make its own safety and staffing decisions. Chief Randy Grove testified against the bill, indicating that such issues were worked out at the local level. An amendment had been introduced to make the bill apply only to State prison guards and hospital workers and it would also require a “meet and confer” process outside the bargaining process. Those amendments were presented to Senator Floyd Prozanski, the sponsor of the bill, who did not like them. The bill passed out of committee on a vote of 3:2 and was headed to the floor. The bill would cover all employees not legally allowed to strike. MINUTES—Council Committee on Intergovernmental Relations February 22, 2007 Page 3