1.15.160 Drug testing for elected officials.
(a) Purpose. The purpose of drug testing of elected officials is to establish, maintain, and ensure that elected Tribal officials exercising the authority vested in them as a matter of public trust shall be in an environment free from the abuse of alcohol, illegal drugs, prescription drugs, and any other controlled substance.
(b) Drug Testing Applies to All Elected Officials. The Tribe prohibits the abuse of alcohol, illegal drugs, prescribed drugs, and any other controlled substances under Yurok law and policy by any elected officials at any time whenever exercising or performing official duties. Further, the Tribe prohibits the unlawful manufacturing, distributing, dispensing, transporting, possessing, or use of a controlled substance without a medical prescription by any elected official whenever exercising or performing official duties.
(c) Drug Testing. An elected official upon election to office shall submit within 30 days of being sworn in to office to testing for alcohol and drug use.
(1) Subsequent to the initial testing for alcohol and drug use, each elected official shall be subject to random testing a minimum of two times each year or once each half year.
(2) Refusal to submit to medical testing for alcohol or drug use or the positive result of such a medical test shall be deemed to be a violation of this chapter.
(3) Random drug testing shall be conducted pursuant to the Yurok Tribe’s Drug and Alcohol Policy procedures.
(d) Violation of Drug Testing.
(1) Any elected official deemed to be in violation of this section shall participate in a drug and alcohol abuse assistance or rehabilitation program which shall be the financial responsibility of the elected official.
(2) If an elected official is deemed to be in violation of this section, the Council shall publish notice of such violation in the next Tribal newsletter. The constituents, pursuant to the Constitution Article X, shall determine if any further action may be required of the elected official.
(3) The Ethics Review Board shall receive notice should an elected official violate this section.
(4) Any elected official found in violation of this section shall be subject to the following sanctions:
(A) For the first offense: loss of driving privileges, including use of a Tribal vehicle or ability to receive mileage reimbursement, and loss of credit card and other privileges for a period of no less than six months; loss of travel privileges for no less than one year; random drug and alcohol testing at least once a month for the remainder of the elected official’s term; and completion of a drug and alcohol assistance or rehabilitation program.
(B) For the second and subsequent offenses, permanent loss of driving, credit card, honorarium, travel and other privileges, and random drug and alcohol testing at least once a month while in office, regardless if elected to a subsequent term.
(C) For each offense, be subject to a monetary sanction of $2,500.00
(5) Acknowledgement of Drug Testing. Elected officials shall acknowledge in writing that at all times during the performance of their official duties they shall conform to the requirements of this section. Further, elected officials shall acknowledge in writing that violation of this section may result in removal from office in accordance with Article III, Section 5 and Article X, Section 1 of the Constitution.
(6) Superiority of Constitution. Nothing in this chapter shall supersede the mandate of Article III, Section 5(d) or Article X, Section 1 of the Constitution. [Ord. 72, renumbered, 2/11/2021; Ord. 32 § 6202, adopted, 9/5/2013. Formerly 1.15.130.]