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DRUG TEST ISSUE RESURFACES FOR BURBANK COUNCIL.


Byline: JASON Jason, in Greek mythology
Jason, in Greek mythology, son of Aeson. When Pelias usurped the throne of Iolcus and killed (or imprisoned) Aeson and most of his descendants, Jason was smuggled off to the centaur Chiron, who reared him secretly on Mt. Pelion.
 KANDEL Staff Writer

BURBANK -- The City Council tonight is expected to consider a voluntary drug- and alcohol-testing program for its five members, which could make the city the first statewide to use such a program.

In 1997, the council voted down a voluntary drug-testing policy after reports of alleged drug use by former Councilwoman Susan Spanos.

The council decided to revisit re·vis·it  
tr.v. re·vis·it·ed, re·vis·it·ing, re·vis·its
To visit again.

n.
A second or repeated visit.



re
 the issue in November in the wake of last summer's arrest of former Councilwoman Stacey Murphy on drug and child-endangering charges. She later resigned.

Under the proposed policy, council members would have to voluntarily submit to a urine, blood or Breathalyzer breathalyzer Public health A device used to detect alcohol on a suspected drunk driver's breath; see DWI  test for illegal substances such as marijuana marijuana or marihuana, drug obtained from the flowering tops, stems, and leaves of the hemp plant, Cannabis sativa (see hemp) or C. indica; the latter species can withstand colder climates.  and cocaine, or alcohol over the .08 percent legal limit, at least once a year.

But because the tests would be voluntary, a council member has to agree to release the results of the tests.

``Council members have a right of privacy in every aspect of submission to a medical procedure, and drug-testing is considered to be a medical procedure,'' Judie Sarquiz, the city's management services director, wrote in her report to the council. ``As the Supreme Courts have determined in order to preserve this right of privacy, the drug-testing process in all of its component parts must be a truly voluntary process.''

Councilman David Gordon David Gordon may refer to:
  • David Gordon, an economist and editor of the Mises Review at the Ludwig von Mises Institute
  • David Gordon, a psychologist who was an early contributor to the development of Neuro-linguistic programming.
 won the seat in January vacated by Murphy. During the campaign, he called for mandatory and random drug tests of elected officials.

``As any employer would want to know that his or her employees were unimpaired Adj. 1. unimpaired - not damaged or diminished in any respect; "his speech remained unimpaired"
undamaged - not harmed or spoiled; sound

uninjured - not injured physically or mentally
, I think the citizens ... would want to be reassured about their elected officials in the same type of fashion,'' Gordon said.

Mayor Todd Campbell supports the idea.

``I don't see a problem,'' he said. ``If the community really thinks that their elected officials should be tested, then I'm in favor of it.''

The council is prohibited from implementing a mandatory drug-testing policy for elected officials. A 1997 U.S. Supreme Court ruling found that violates the Fourth Amendment against unreasonable searches and seizures In counterdrug operations, includes drugs and conveyances seized by law enforcement authorities and drug-related assets (monetary instruments, etc.) confiscated based on evidence that they have been derived from or used in illegal narcotics activities. . But a voluntary program is OK, according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the Burbank City Attorney's Office.

The city currently has a pre-employment drug-screening program and a reasonable-suspicion policy that allows testing of any employee believed to be under the influence of alcohol or drugs.

The city also uses a federally mandated Department of Transportation drug testing-program for city truck drivers.

jason.kandel(at)dailynews.com

(818) 546-3306

IF YOU GO

The Burbank City Council meets tonight at 6:30 p.m. at City Hall, 275 E. Olive Ave.

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Publication:Daily News (Los Angeles, CA)
Date:Jun 6, 2006
Words:430
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