The mayors are authorized by regulations, to establish permanent programs for the detection of controlled substances that use reliable tests to allow [for] the identification of officials and employees using drugs, to provide them with treatment and rehabilitation in those cases provided by this chapter so that they may perform their public service functions and duties faithfully and reliably.
The [establishment] of permanent, controlled substances detection programs, authorized in the preceding paragraph, shall be mandatory for all municipalities, with regard to the [administration] of tests for the detection of controlled substances to every municipal official or employee in the Municipal Police Corps, as said term is defined in §§ 1061–1070 of this title; every municipal official or employee who holds a sensitive position or office, as said term is defined in § 4581 of this title, and as a requirement for employment as provided in § 4582 of this title. Nevertheless, each municipality shall determine, by ordinance and pursuant to the fiscal and operating resources available, to include municipal officials or employees of other administrative divisions or units in the permanent programs established for the detection of controlled substances.
The Executive [Branch] shall regulate the adoption of these programs upon consultation with the municipal personnel office, the Office of the Commissioner of Municipal Affairs, the Mental Health and Addiction Services Administration, and the Institute of Forensic Sciences. Each regulation shall have the prior approval of the municipal legal counsel office, which shall be responsible for evaluating its legality in terms of the specific needs of each municipality. However, no regulation shall become effective until it is approved by the Municipal Legislature through an ordinance.
Those municipalities that have established a testing program for the detection of the use of controlled substances as of the date of approval of this act may keep it in effect; provided, said program meets all the requirements consigned in this statute. To such ends, said programs and their regulations shall be revised in order to conform them to the provisions of this chapter.
History —Aug. 30, 1991, No. 81, added as § 12.005 on Jan. 10, 1999, No. 30, § 4.