2:15 PM Kenny Thompson Should Know Better – Taylor City Council CONNING Citizens – THOMPSON SHOULD RESIGN
TAYLOR: Last evening Mayor Robert Lamb was absent from the regular Taylor City Council Meeting. The meeting was lead by Mayor Pro Temp Kenny Thompson.
Now Kenny Thompson is a long term employee of the City of Dothan Leisure Services and has attended many Dothan Commission Meetings. And I am sure he has heard public presentation in the Dothan Commission Meeting of the Annual Audit. However, Thompson allowed to go into Executive Session for the presentation of the audit findings. Executive Session means, kick the public out and only the Mayor and Council hear the findings. There is a strong possibility this violates the Alabama Open Meetings Law.
There was a Taylor Police Officer at the meeting. Some say this officer is Acting Police Chief. However this City Council has never approved Mayor Robert Lamb’s hostile and personal vendetta in the termination of Taylor Police Chief James Brazier and has never approved naming of an Acting Police Chief. Councilman John Milner expressed concern over the Taylor Police Chief James Brazier and the council never voting on Brazier’s termination. Milner said he has been assured by Mayor Lamb has assured the council did not need to vote, that the Alabama League of Municipalities has said there is nothing the City of Taylor has to worry about and no vote is needed. Councilman Milner ask for that in writing and not verbal because he feels this is hanging over the council’s neck. Acting Mayor Thompson directed the City Clerk to pass that onto the Mayor for a response from the Alabama League of Municipalities for a response, in writing.
ADMINISTRATIVE MEETING
In an Administrative Meeting discussion that a drug policy was needed. Apparently Acting Mayor Kenny Thompson, who has served several terms as a Taylor City Council Member has never read the handbook for the City of Taylor. If Councilman Kenny Thompson is unable to read and understand the english language then someone needs to read it to him so he will understand the City of Taylor has a drug policy in place. That is because former Taylor Mayor Billy Snell had a drug policy in the handbook.
Acting Mayor Kenny Thompson stated that all council members should have a note before them. Thompson said he was reading it for the first time himself. Thompson said the thought behind it was fantastic, that there should have been a drug and alcohol policy and pre-employment policy. The City Clerk said they did not have one before. Thompson said it needed to be vetted out. Someone said it is in the handbook of should be. One councilman said the draft was well written by Mayor Lamb. Thompson said if changes Mayor Lamb wants added they needs to be presented. A councilman said the information given the council as implemented yesterday but it needs to be studied and presented to the City Council.
PRIVILEGE OF THE FLOOR
The citizen is given only 3 minutes because citizens are not royalty and the Taylor City Council is not really interested in what citizens have to say. The citizen, Ms. Hinson, spoke about the lighting at the ballpark and the lights do not work. Ms. Hinson questioned why is Taylor renting the park out with no lights.
Next, Ms. Hinson asked about the police department and state law is the Mayor can not terminate the police chief without a vote of the council. As the question was asked Acting Mayor Kenny Thompson stopped Ms. Hinson and said her time has run out. She was not able to finish her question and naturally no answer given.
Acting Mayor Kenny Thompson said they are not always knowledgeable of day to day.
Acting Mayor Kenny Thompson said government works better when people are involved. Thompson said we will not always given you the answers you want.
Someone asked about the Police Chief. Councilman Milner said ya’ll have as much insight as we do and that is why I asked. The concern is calls are not being answered and Councilman Kenny Thompson said you can not always believe what you read on social media. Thompson said the Sheriff Department answers when Taylor does not have a police department. But a citizen said Taylor has a police department to answer the calls and Sheriff should not have to. Someone asked how may police officers are employed in Taylor. Thompson said the council members are not always involved in the days to day and he can not give an answer. Thompson said the person asking can have a one on one meeting later.
ANY DAY, ANY HOUR, ANY PLACE
THAT TAYLOR COUNCILMAN KENNY TAYLOR WISHES TO PUBLICALLY DEBATE ANYTHNG I HAVE WRITTEN, NAME IT AND I WILL DEBATE IT. HE IS ELECTED TO KNOW AND HAS ADMINTTED HE DOES NOT KNOW WHAT IS GOING ON IN TAYLOR. IF HE DOES NOT, RESIGN!!!!!!
Thompson said they have a one on one meeting with the accountant.
TAYLOR DRUG POLICY BEFORE THIS MEETING
IF COUNCILMAN THOMPSON CAN READ, HE NEEDS TO READ IT AND KNOW THERE IS ALREADY A POLICY
.0 DRUG FREE WORK PLACE AND SUBSTANCE ABUSE 10.1 GENERAL STATEMENT Practical experience and research has proven that even small quantities of narcotics, abused and non- abused prescription drugs, or alcohol may impair judgment and reflexes. Even when not readily apparent, this impairment can have serious results, particularly for employees operating vehicles, potentially dangerous equipment, working with or around high voltage lines and appurtenances, or near and/or working with toxic chemicals. Drug-using employees are a threat to co-workers and themselves, and may make costly errors. For these reasons, CITY OF TAYLOR has adopted the following Drug-Free Workplace and Substance Abuse Policy. This policy will be enforced to provide a safe workplace for all employees. Employees should understand that a positive drug or alcohol test is not a necessary prerequisite to disciplinary action, if this policy or any other work rule has been violated. On May 14, 2010, the CITY OF TAYLOR has put into place a drug-free workplace program. All applicants and employees are subject to its conditions. Pursuant to this program adoption, all employees received sixty (60) days notice to receive proper care an intervention without jeopardy. Following the sixty days, all employees would be subject to zero tolerance should a positive substance test be determined. Those individuals who sought help/counseling were exempted. Routine Fitness-for-Duty testing was completed by the facility providing the counseling service. Additionally, employees were placed on an additional list pursuant to post-rehabilitation testing quarterly for the first year after rehabilitation. 10.2 TERMS DEFINED For the purposes of this policy implementation, the following terms shall have the meanings assigned to them: Alcohol: Ethyl alcohol or spirits of wine, from whatever source or by whatever process produced. Breath Alcohol Concentration (BrAC): Alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath. Confirmation Test or Confirmed Test: A second analytical procedure used to identify the presence of a specific drug or metabolite or alcohol in a specimen. The confirmation test shall be different in scientific principle than that of the initial test procedure. The confirmation method shall be capable of providing requisite specificity, sensitivity, and quantitative accuracy. Drugs: As used in this policy, drugs include illegal use of controlled substances, drugs which are not legally obtainable, or the improper use of prescription drugs. Unless otherwise stated, this term refers to amphetamines, cannabinoids, phencyclidine (PCP), methadone, opiates, cocaine methaqualone, barbiturates, benzodiazepines, propoxyphene, or a metabolite of any of these substances. Evidential Breath Testing Device (EBT): Device used for alcohol testing which has been approved by the National Highway Traffic Safety Administration (NHTSA) and placed on NHTSA’s “Conforming Products List of Evidential Breath Measurement Devices.” Medical Review Officer (MRO): A licensed physician (medical doctor or doctor of osteopathy), certified by either the American College of Occupational and Environmental Medicine or The American Association of Medical Review Officers, responsible for receiving laboratory results generated by an employer’s drug testing program. The MRO shall have knowledge of substance abuse disorders and 74 appropriate medical training to interpret and evaluate an individual’s confirmed positive test, medical history, and other relevant biomedical information. Prescription Medication (Prescription Drug): A drug or medication lawfully prescribed by a physician for an individual and taken by that individual in accordance with the prescription. Safety Sensitive Positions: As used throughout this document, the phrase “Safety Sensitive Position” means any position that involves any one or more of the following functions or criteria: Operating a vehicle that requires a CDL; Operation of vehicles, heavy machinery, or industrial equipment, the mishandling of which may place fellow employees or the general public at risk of serious injury, or the nature of which would create a security risk in the workplace; Handling of hazardous material; Working with or around high voltage lines and appurtenances; Controlling the process for wastewater treatment; or Controlling the process for water filtration and purification. Substance Test or Test: Any chemical, biological, or physical instrumental analysis administered for the purpose of determining the presence of a drug or alcohol. 10.3 PROHIBITED SUBSTANCES All employees are prohibited from possessing, distributing, giving, transferring, manufacturing, or having a detectable presence of any Drugs, abused prescription drugs or any other mind altering substances in their system during working hours or in a work area either on CITY OF TAYLOR premises or on any job site or in any CITY OF TAYLOR or private vehicle on the way to or from work while at work or on duty. 10.4 ALCOHOL PROHIBITED All employees are prohibited from possessing or drinking any quantity of alcohol while at work or on duty. All employees are also prohibited from reporting to work or remaining at work with blood alcohol concentration of more than 0.02 percent by weight. 10.5 LEGAL MEDICATIONS The proper use of medication that is legally prescribed by a physician is not prohibited. However, employees occupying a Safety Sensitive Position must report their use of over-the-counter or prescription medication to supervisors and to the Human Resources Department if: (1) the use might impair their ability to perform their job safely and effectively; or (2) the medication is accompanied by a warning that it may cause drowsiness or may impair the user’s ability to operate a vehicle or heavy equipment. A determination will then be made as to whether the employee should be able to perform the essential functions of the job safely and effectively. Depending on the circumstances, employees may be reassigned, prohibited from performing certain tasks, or prohibited from working if they are determined to be unable to perform their jobs safely and properly while taking a prescription or nonprescription legal drugs. (See MEDICAL PROCEDURES, Section 209.). 10.6 OFF DUTY SUBSTANCE AND ALCOHOL USE Off-duty use of drugs, alcohol or any other prohibited substances which results in impaired work performance, which may include absenteeism, tardiness, poor work performance, damage to the 75 employer’s reputation, or inferior quality of work, is prohibited. 10.7 NOTICE OF VIOLATION a) Any employee that is convicted of a violation of a criminal drug statute (including DUI) shall notify the City of Taylor, in writing no more than Five (5) days after the conviction. b) Any employee that is arrested under the charge of Driving Under The Influence (DUI) and the arrest results in temporary or permanent revocation of driving privileges, shall notify the City of Taylor, in writing no more than Five (5) calendar days after the arrest. 10.8 CONSEQUENCES OF VIOLATION OF POLICY Any employee who violates this policy shall be subject to discipline up to and including immediate dismissal. However, an employee who voluntarily admits to a drug or alcohol problem, before being asked to take a substance use test, enrolls in a supervised rehabilitation program, and stops using drugs illegally, shall not be terminated for requesting help as long as the employee thereafter remains in compliance with this policy. An employee who refuses to submit immediately upon request to an initial screening, a blood test, urinalysis, “breathalyzer” test or other diagnostic test for the purpose of detecting drug or alcohol use; refuses to sign a consent form; or refuses to cooperate with the testing process in such a way that prevents completion of the test; or adulterates or dilutes the specimen; or who is otherwise in violation of this policy, is subject to disciplinary action up to and including immediate termination. An employee who refuses to submit to or cooperate with a blood, saliva, hair, breath or urine test after an accident forfeits his or her right to recover Workers’ Compensation benefits under Alabama Code § 25-5-51 and is subject to disciplinary action up to and including termination. An employee who is terminated for refusing to submit to a screening or testing procedure, for testing positive in a confirmed lab test for either drugs or alcohol, or for other violation of this drug and alcohol policy, forfeits his or her unemployment benefits under Alabama Code § 25-4-78 and shall be submitted to the Department of Industrial Relations Unemployment Division for approval. An employee who fails to notify the City of Taylor of a conviction as outlined in Section Seven (7) is subject to disciplinary action up to and including termination. An employee subject to discipline or termination for the violation of this policy shall have the same rights of appeal as set forth for any other violation of CITY OF TAYLOR policy. 10.9 UNEMPLOYMENT COMPENSATION Under Section 25-4-78, et seq., as amended, of the Code of Alabama (1975), Unemployment Compensation, provides that no unemployment compensation will be paid to an employee dismissed after testing positive for drugs or alcohol, refusing to submit to a test for drugs or alcohol, or knowingly altering or adulterating any test sample. . Section 25-4-78 reads in part: “A confirmed positive drug test that is conducted and evaluated according to standards set forth for the conduct and evaluation of such tests by the U.S. Department of Transportation in 49 C.F.R. Part 40 or standards shown by the employer to be otherwise reliable shall be a conclusive presumption of impairment by illegal drugs. No unemployment compensation benefits shall be allowed to an employee having a confirmed positive drug test if the employee had been warned that such a positive test could result in dismissal pursuant to a reasonable drug policy….Further, no unemployment compensation 76 benefits shall be allowed if the employee refuses to submit to or cooperate with a blood or urine test as set forth above, or if the employee knowingly alters or adulterates the blood or urine specimen.” “An individual shall be disqualified for total or partial unemployment …if he was discharged or removed from his work for …the use of illegal drugs after previous warning or for the refusal to submit to or cooperate with a blood or urine test after previous warning …’warning’ shall mean that the employee has been advised in writing of the provisions of the employer’s drug policy and that either testing positive pursuant to the standards referenced above or the refusal to submit to or cooperate with a blood or urine test as set out in the above referenced standards could result in termination of employment. This written notification as herein described shall constitute a ‘warning’…” Alabama Code § 25-4-78(3) (Supp. 1996). 10.10 WORKERS’ COMPENSATION Under Alabama Law, Section 25-5-51, et seq., of the Code of Alabama (1975), workers who are inju
