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Laoag City Mandatory Drug Testing for all Officials

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EXCERPT FROM THE RECORD OF PROCEEDINGS OF THE 2ND REGULAR SESSION OF THE 10TH SANGGUNIANG PANLUNGSOD OF LAOAG HELD AT THE SANGGUNIANG PANLUNGSOD SESSION HALL, LAOAG CITY ON JULY 11, 2016.
PRESENT:

1.        Hon. Michael V. Fariñas City Vice-Mayor/Presiding Officer
2.        Hon. Franklin Dante A. Respicio   S.P. Member
3.        Hon. Roger John C. Fariñas II        S.P. Member
4.        Hon. Handy T. Lao                         S.P. Member
5.        Hon. Portia Pamela R. Salenda       S.P. Member
6.        Hon. Shirley Ong Sin                     S.P. Member
7.        Hon. Roque B. Ablan                     S.P. Member
8.        Hon. Ferdinand L. Domingo          S.P. Member
9.        Hon. Edison H. Bonoan                  S.P. Member
10.     Hon. Justine Clarence Chua           S.P. Member
11.     Hon. Edison A. Siazon                   S.P. Member
12.     Hon. Mikee V. Fariñas                   S.P. Member (ABC Rep.)
ABSENT: None

 WHEREAS, Article V of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, and its Implementing Rules and Regulations and CSC MC No. 13, s 2010 mandates the implementation of a Drug-Free Workplace Policy in the bureaucracy;

 WHEREAS, this time is as good as any to implement a no-nonsense approach in fighting the drug menace particularly in the workplace and in its community;

 WHEREAS, there is a need to give impetus to these issuances from the national government through the enactment of guidelines suitable to the local government bureaucracy setting;

 NOW THEREFORE, upon motion of Hon. Mikee V. Fariñas, duly seconded by Hon. Franklin Dante A. Respicio, the body, resolved as it is hereby resolved to enact the following:

CITY ORDINANCE NO. 2016-055
Series of 2016
AN ORDINANCE IMPLEMENTING THE DRUG-FREE WORKPLACE PROGRAM, MANDATING THE CONDUCT OF AUTHORIZED DRUG TESTING IN ALL OFFICES OF THE LOCAL GOVERNMENT OF LAOAG, INCLUDING THE OFFICES OF ITS EIGHTY (80) BARANGAYS

SECTION 1. MANDATORY DRUG TEST
A.      To ensure that only those qualified shall be screened and recruited to prevent the detrimental effects (e.g. lower productivity; poor decision making; increased accidents; more compensation claims; and reduced team effort) which drug use and abuse may cause in the workplace, the conduct of mandatory drug test shall be required for pre-employment, to wit;
i.All officials and employees entering the government service, whether appointed or elected, shall be required to undergo mandatory drug test, as follows:
ii.Authorized drug testing shall be done by any government forensic laboratories or by any drug testing laboratories accredited and monitored by the DOH to safeguard the quality of test results.
B.       The drug testing shall employ, among others, two (2) testing methods: the screening test which will determine the positive results as well as the type of the drug used and the confirmatory test which will confirm a positive screening test.

 SECTION 2. RANDOM TESTING: Article III, Section 36, par (d) shall form part of this Ordinance, thus;
A.      Offices and employees of the city government of Laoag including its 80 barangays [Officers and employees of public and private offices, whether domestic or overseas,] shall undergo a random drug test as contained in the company’s work rules and regulations, which shall be borne by the employer, for purposes of reducing risk in the workplace. Any officer or employee found positive for use of dangerous drugs shall be dealt with administratively which shall be a ground for suspension or termination, subject to the provisions of the Civil Service Law: Provided, that the Civil Service Commission shall see to it that this provision is implemented

 SECTION 3. PENALTIES
A.      Any official or employee found positive for use of dangerous drugs shall be subjected to disciplinary/proceedings with a penalty of dismissal from the service at first offense pursuant to Section 46(19) of Book V of Executive Order 292 and Section 22(c) of its Omnibus Rules

 SECTION 4. EFFECTIVITY
B.       This Ordinance shall take effect upon approval. It shall be published as a penal ordinance in prominent places in the city and in local newspapers pursuant to Sec. 511 of the Local Government Code.

 Carried.
Approved this 11th day of July, 2016, by the members of the Sangguniang Panlungsod present with the following votes:
Those In Favor: Respicio, R.J. Fariñas, Lao, Salenda, Sin, Ablan, Domingo, Bonoan, Chua, Siazon, Mikee Fariñas.
Nays:  None
Abstentions:  None

 I HEREBY CERTIFY that the foregoing is a true, correct, and faithful excerpt from the Record of Proceedings of the 2nd Regular Session of the 10th Sangguniang Panlungsod held at the Sangguniang Panlungsod Session Hall, Laoag City on July 11, 2016.

(SGD) ENRICO A. AURELIO
Secretary to the Sanggunian

Attested:  (SGD) MICHAEL V. FARIÑAS
                      City Vice-Mayor/Presiding Officer
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