2005-01-10 Regular Meeting and Workshop Meeting of La Porte City Council Minutes

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City Council Regular Meeting and Workshop Meeting - January 10, 2004 Page 3 Seconded by Councilmember Beasley. If needed, return to Council, revise and make a motion. Motion carried. 8. Council to consider approval of an updated ordinance regulating Privately Owned Ambulances and repeal outdated Ordinance #781. EMS Chief Ray Nolen presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2005-2803 - AN ORDINANCE AMENDING CHAPTER 30 "EMERGENCY SERVICES:, ARTICLE III "EMERGENCY MEDICAL SERVICES: OF THE CODE OF ORDINANCES FOR THE CITY OF LA PORTE BY ADDING NEW SECTIONS 30-79 THROUGH 30-93 AND BY AMENDING APPENDIX B "FINES" FOR THE PURPOSE OF REGULATING THE OPERATION OF PRIV A TEL Y OWNED AMBULANCES ON THE PUBLIC STREETS OF THE CITY OF LA PORTE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED A SUM OF NOT MORE THAN FIVE HUNDRED DOLLARS ($500.00) FOR EACH VIOLATION; REPEALING ORDINANCE 781; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Griffiths to approve Ordinance 2005-2803 as presented. Second by Councilmember Ebow. Ayes: Beasley, Engelken, Moser, Mosteit, Clausen, Porter, Ebow, Rigby and Griffiths Nays: None Abstain: None 9. Council to consider approving request to replace previous Ordinance 200 1-1708-A with Ordinance 2001-1708- B. Human Resources Manager Sherri Sampson presented summary and recommendation and answered Council's questions. The current policy on the books allows for all applicants to be tested regardless of position and allows for random testing. Ms. Sampson stated that the policy was challenged in 2001 by an employee in a non-safety sensitive or public safety positions; this item was challenged and went before Legal and at that time Legal worked with Human Resources and found that the challenge did have merit, under the Fourth Amendment. Between 2001 and March of2004, the practice has been on-going to test applicants for public safety/safety sensitive and security sensitive positions and allowed for practice of off and on for random drug testing for those selected group. Ms. Sampson has worked with Legal and TML for secondary documentation and information from the District Attorney's Office, in drafting these policies. Councilmember Griffiths questioned if this applies to appointed City officials. Ms. Sampson informed that the random testing applies for employees in Public Safety and Security Safety sensitive positions. The policy that we have a drug free workplace applies to everyone, but the random is for a specific group of employees, just as the applicant testing is for a certain group of applicants. If Council would like to have changes to the policy, this would certainly be considered.