ORDINANCE NO: 2001-196 "AN ORDINANCE REQUIRING ALL EMPLOYEES OF THE CITY GOVERNMENT OF PAGADIAN TO UNDERGO COMPULSORY DRUG TESTING AS A PRE-EMPLOYMENT REQUIREMENT AND ANNUAL AT RANDOM DRUG CHECK-UPS" WHEREAS, reports of illegal drug use and trafficking in the City of Pagadian have already reached alarming proportions as to endanger the inhabitants general welfare, security and safety. " WHEREAS, sometime last year, a "drug buy-bust operation was conducted by elements of the Philippine National Police which resulted in the arrest of a City Hall employee; WHEREAS, this incident involving a City Government employee sends a strong indication of the extent of the illegal drug trade and trafficking in the City; WHEREAS, the City government, through the City Mayor, has the power to ensure that all officials and employees of the city faithfully discharge their duties and functions in accordance with the 1987 Constitution and Republic Act 6713, otherwise known as the Code of Conduct and Ethical Standards of Public Officials and Employees and Republic Act 7160, the Local Government Code of the Philippines; WHEREAS, the City Mayor has the power to institute administrative or judicial proceedings against any appointive employee of this City who may have committed an infraction in the performance of his/her official (Art. 86, implementing Rules and Regulations of Republic Act No. 7160); WHEREAS, Article 458 of the Implementing Rules and Regulations of Republic Act No. 7160, likewise vests in the City Council the power to enact ordinances to prevent, suppress and impose appropriate penalties for illegal drug use, abuse and trafficking; WHEREAS, in the light of the aforementioned observations, it has become imperative that the City of Pagadian must take part in an aggressive and effective anti-drug use and abuse campaign starting within the ranks of its own employees, especially considering that their offices are vested with public interest; NOW, THEREFORE, be it enacted by this Sangguniang Panlungsod in session assembled, that Section 1. Pursuant to Civil Service Memorandum Circular No. 34 Series of 1997, compulsory drug testing is hereby mandated for all City Government employees, be they employed as regular, casual, on contractual or project basis and in keeping with the accountability of public office provision of the Constitution that "public office is a public trust." Section 2. All the aforementioned individuals covered herein shall undergo drug testing as: a) a pre-employment requirement; and b) an annual at random drug test of existing employees Section 3. The drug test shall be administered by the City Health Office I the coordination with the Pagadian City Anti-Drug Abuse Council (PACADAC); Section 4. The Pagadian City Anti-Drug Abuse Council (PACADAC) shall determine when the drug test shall be conducted on certain department or offices of the City Government; Section 5. The results of the drug test shall be held strictly confidential. Section 6. The results of the drug tests, which find employees to be positive of illegal drug use, shall be referred to the City Attorney's Office and the Personnel Services Office for appropriate action. Section 7. Refusal to submit to the drug test herein mandated shall be sufficient ground for dismissal of the employee who unjustifiably refuses to undergo the test. Section 8. If any provision of this Ordinance is held unconstitutional or illegal, other provisions not affected will remain valid and binding. Section 9. Any and all ordinances, rules, orders, regulations or parts thereof which are inconsistent with the provisions of this ordinance shall be deemed amended or modified accordingly. Section 10. The Secretary of the Sangguniang Panlungsod is hereby directed to cause this Ordinance to be posted for four (4) consecutive weeks in all the offices and departments of the City Government and at the public posting places of the Sangguniang Panlungsod. Likewise, the City Health Office in coordination with the PACADAC are hereby tasked to circulate this Ordinance among all concerned employees enumerated above. Section 11. This Ordinance shall take effect after its posting as discussed under Section 10 above. ENACTED AND APPROVED by the Sangguniang Panlungsod (6th City Council) of Pagadian City on its 143rd Regular Session held on June 13, 2001 at the Sangguniang Panlungsod Session Hall.