4134351 Resolution 19-726, "Controlled Substance Alcohol Testing, Criminal Background Check and Background Investigation Emergency Declaration Resolution of 2012"  

  • A RESOLUTION

                                                            

    19-726  

     

    IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

     

    December 4, 2012

     

     

    To declare the existence of an emergency with respect to the need to amend the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to establish 

    mandatory controlled substance and alcohol testing and criminal background checks and a background investigation program for applicants, appointees, employees, volunteers, and contractual workers of the Consolidated Forensic Sciences Laboratory.

     

    RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Controlled Substance, Alcohol Testing, Criminal Background Check and Background Investigation Emergency Declaration Resolution of 2012”.

     

    Sec. 2. (a) There exists an immediate need to amend the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et. seq.), to establish a mandatory controlled substance and alcohol testing program, criminal background check, and background investigation program for applicants, appointees, employees, volunteers, and contractual workers who have a duty station at the Consolidated Forensic Sciences Laboratory ("CFL"). 

     (b)  The CFL officially opened on October 1, 2012 and will serve as the central location for several of the District’s public health and safety lab operations, such as the Office of the Chief Medical Examiner, the Department of Forensic Sciences ("DFS"), and divisions under the Metropolitan Police Department that include the Firearms and Fingerprint Examination Division, DNA Laboratory, and the Forensic Sciences Services Division.  The Department of Forensic Sciences Establishment Act of 2011, effective August 17, 2011 (D.C. Law 19-18; D.C. Official Code § 5-1501.01 et. seq.)("Act"), requires that DFS provide security and protection for evidence and samples in its custody.  To ensure compliance with the Act, a mandatory controlled substance and alcohol testing program, criminal background check, and background investigation program for applicants, appointees, employees, volunteers, and contractual workers who have a duty station at the CFL is necessary.   

     (c)  The Mayor firmly believes that the implementation of the mandatory controlled substance and alcohol testing program, criminal background check, and background investigation program will safeguard evidence and samples in DFS' custody and significantly reduce or eliminate fraud, waste, and abuse by individuals who have a duty station at the CFL.  Implementation of the programs will not only improve the screening requirements in the hiring practices at District government agencies but will also assist in providing a safe, productive, and secure work environment for District government employees. 

     

    Sec. 3.   The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the

    Controlled Substance, Alcohol Testing, Criminal Background Check and Background Investigation Emergency Amendment Act of 2012 be adopted after a single reading.

     

    Sec. 4.  This resolution shall take effect immediately.