ORDINANCE NO: 2023-533 (Authored by Hon. Sam Tyra F. Co) "AN ORDINANCE INSTITUTIONALIZING A DRUG-FREE WORKPLACE IN THE CITY GOVERNMENT OF PAGADIAN AND, FOR THE PURPOSE, PROVIDING FOR A MANDATORY DRUG TESTING OF ALL CITY GOVERNMENT EMPLOYEES AND APPROPRIATING FUNDS FOR THE IMPLEMENTATION THEREOF" WHEREAS, Republic Act. 9165 or the Comprehensive Dangerous Drugs Act of 2002 reaffirms the policy of the State to safeguard the well-being of the citizenry from the harmful effects of dangerous drugs on their physical and mental well-being; WHEREAS, in pursuance thereto, His Excellency, President Rodrigo Roa Duterte, issued Executive Order No. 66, Series of 2018, which, in gist, calls for the institutionalization of the Philippine Anti-Illegal Drugs Strategy and Section 4 thereof mandates all Local Government Units to adopt their respective Drug-Free Workplace Programs and conduct authorized drug testing among their respective officials and personnel in accordance with the provisions of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002, as amended; WHEREAS, to strengthen such Order, the Dangerous Drug Board, by virtue of DDB Regulation No. 13, s. 2018, calls for the establishment and institutionalization of drug-free workplace policies in all government offices, including the conduct of authorized drug testing for elective local officials and appointive public officers and for other purposes while the Civil Service Commission issued CSC Resolution No. 1700653 dated March 15, 2017, which provides for the guidelines in the Mandatory Random Drug Test for Public Officials and Employees; WHEREAS, premises considered, there is an imperative need to implement the foregoing Order in the City Government of Pagadian in order to maintain a safe and healthy work environment, free from the use of dangerous drugs and safeguard the health, safety, and welfare of the employees, as well as reduce health and safety risks to the public; NOW, THEREFORE, be it ordained by the Sangguniang Panlungsod (14th City Council) of Pagadian, in regular session assembled, that: SECTION 1. TITLE. - This Ordinance shall be known as the "DRUG-FREE WORKPLACE ORDINANCE OF THE CITY GOVERNMENT OF PAGADIAN." SECTION 2. OBJECTIVES. - This Ordinance aims to ensure that offices under the City Government of Pagadian remains drug-free by subjecting all its officials and employees to a random mandatory drug test, as a condition for continuous employment. To this end, the City Government of Pagadian and the public will be ensured of effective and efficient service, free from the hazards of drugs in the work place. SECTION 3. SCOPE AND COVERAGE. - The Ordinance shall apply to all officials and employees in the different departments of the City Government of Pagadian City regardless of their employment status or salaries and shall cover all stages of employment. This includes all Barangay Officials and Personnel within the territorial jurisdiction of Pagadian City. SECTION 4. DEFINITION OF TERMS. - The following words and/or phrase shall be construed to mean, viz: Challenge Test - A drug test conducted as a result of a challenge filed by a public official or employee who tested positive for drug use in a confirmatory test. Chronic User/Drug Dependent - a person identified for using drugs/other substances (mind-altering or not) without medical need, in an amount large enough or over a period long enough to threaten the quality of life or health and safety of the user or others. Confirmatory Test - An analytical test using a device, tool or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test. Contract of Service/Job Order - refers to employment covered by a contract pertaining to lump sum work or services such as janitorial, security, or consultancy services where no employer-employee relationship exists; piece work or intermittent job of short duration not exceeding six months on a daily basis; all of which are not covered by Civil Service law, rules and regulations, but covered by COA rules; and the public officials and employees involved do not enjoy the benefits received by government employees including, but not limited, to personal economic relief allowance, cost of living allowance, and representation and travel allowance. Dangerous Drugs - Include those identified and listed in R.A. No. 9165 and its annexes, subject to any reclassification, addition or removal of any drug from said list by the Dangerous Drugs Board, in accordance with section 93 or R.A. No. 9165. Drug Dependency Examination - refers to the examination conducted by an accredited physician to evaluate the extent of drug abuse of a person and to determine whether he/she is a drug dependent or not, which includes history taking, intake interview, determination of the criteria for drug dependency, mental and physical status, and the detection of dangerous drugs in body specimens through laboratory procedures. Drug Test - the process undertaken to determine the presence of dangerous drugs in a person's system, to include both screening test and confirmatory test. Experimenter - a person whose drug use began through exploration with limited exposure and no development of regular use or any related harm. Occasional User - a person who indulges in drug use to create or enhance experience in any social setting. Public Officials and Employees - include any person holding or performing a public function in the legislative, executive, administrative or judicial office in the government, regardless of status of employment or engagement. Random Testing - a method of drug testing where the selection process results in equal probability that any employee from a group of employees will be tested, and without any prior notice of the date and venue. Rehabilitation - a dynamic process including aftercare and follow-up treatment directed towards the physical, emotional/psychological, vocational, social, and spiritual exchange of a drug dependent to enable him/her capabilities and potentials, and become a law abiding and productive member of the community. Screening Test - A rapid test performed to establish potential/presumptive positive result. SECTION 5. GUIDELINES IN THE CONDUCT OF DRUG TESTING. - The following guidelines outline the purpose of the random drug testing program: a. The random drug testing shall be implemented as a collaborative undertaking of the city government, its officials and employees. b. Random drug testing shall be implemented primarily for a drug-free workplace. c. The conduct of drug test shall be an important consideration on the application of new employees, renewal of appointments, to include promotions in whatever capacity and office. d. Being drug-free shall be an important parameter in the determination whether an employee is physically or mentally fit to render public service. The same shall be considered as a continuing requirement, which should be acquired not only before the start of public employment, but all throughout the service. e. The drug testing program shall guarantee and respect the personal privacy and dignity of the officials and employees. f. Elected officials are highly encouraged to voluntarily undergo the drug test procedure to encourage and inspire the rank-and-file employees. g. Component barangay local government units are also encouraged to replicate the efforts of the city government, in order to create a ripple effect for all public servants in the City of Pagadian. SECTION 6. PRE-EMPLOYMENT DRUG TESTING. - Drug testing shall remain a requirement for initial entry to government service for appointive public officials and employees. Any applicant found positive for drug use shall be denied entry to government service. SECTION 7. INITIAL AND SUBSEQUENT DRUG TESTING OF PUBLIC OFFICIALS AND EMPLOYEES. - Upon the effectivity of this Ordinance, all offices under the Local Government of Pagadian shall conduct a mandatory, random and suspicionless drug testing of their incumbent public officials and employees as a condition for retention in government service. The frequency of subsequent random drug tests shall be prescribed by the Pagadian Anti-Drug Abuse Council (PADAC) taking into consideration, among others, the number of public officials and employees, nature of work being discharged, funding, and other logistics. Subsequent random drug testing shall be periodically conducted in an interval not to exceed two (2) years. The agencies shall conduct the drug tests in accordance with the procedures set forth by the Dangerous Drugs Board, which shall be disseminated to the Local Government of Pagadian employees to include, but not limited, to the following: a. The drug test shall only be conducted by a government drug testing laboratory or by a drug testing laboratory duly authorized and accredited by the DOH. b. The randomly selected public officials and employees will fill up and sign a chain of custody form issued to them. c. The specimen bottle must be properly labeled and taking of specimen samples for screening test must be done in an area where manipulation (e.g. adding of water) is not possible. d. Specimen samples found positive in the screening test shall be submitted for confirmatory testing within the same day. A positive drug test result from the confirmatory test shall immediately be made known to the Honorable City Mayor being the Head of the Local Government Unit, or to the person designated by the Honorable City Mayor, who shall then notify the concerned public official or employee. Said public official or employee shall have fifteen (15) days from receipt of notice to challenge the result of the confirmatory test. The challenge test shall be conducted, using the same specimen, by a government drug testing laboratory or by a drug testing laboratory duly authorized and accredited by the DOH. Failure to file a challenge within the prescribed period shall make the positive drug test result from the confirmatory test final and the LGU shall then take the appropriate action as provided in the succeeding section. A positive drug test result from the challenge test is deemed final and the public official or employee shall be immediately subjected to the provisions in the succeeding section. The drug result shall be attached to the 201 file of the public official or employee. All drug test results and records must strictly be held confidential as provided for under the pertinent provisions of R.A. No. 9165. SECTION 8. INTERVENTIONS. 1. Public officials and employees who are found positive of dangerous drugs at the first instance after the challenge test, or after positive drug test result from a confirmatory test should the concerned public official or employee fail to challenge said result, shall undergo a Drug Dependency Examination conducted by our medical practitioner accredited by the DOH to conduct said examination and shall be subjected to the following treatment and rehabilitation program: a. Experimenter - Outpatient, guidance counseling for six (6) months. b. Occasional User - Outpatient, guidance counseling and regular monthly drug testing for six (6) months which shall be at the personal expense of public official or employee concerned. c. Chronic User/Drug Dependent - Mandatory continuous treatment and rehabilitation for a minimum period of six (6) months in a government rehabilitation center, a DOH accredited private rehabilitation center, or through a community rehabilitation program sanctioned under the rules of the Dangerous Drugs Board. 2. A public official or employee found to be an Experimenter shall shoulder the expenses of his/her guidance counseling. The same rule shall also apply to a public official or employee found to be an Occasional User, who shall undergo the guidance counseling and regular monthly drug testing. The time spent for counseling and regular monthly drug testing, if done during office hours, shall be charged against public official or employee's leave credits. For this purpose, the public official or employee's leave credits shall be utilized and when exhausted, vacation leave credits may be utilized for the purpose. If all leave credits are used, absence shall be given on leave without pay. SECTION 10. CREATION OF A DRUG-FREE WORKPLACE ASSESSMENT COMMITTEE. - The Drug-Free Workplace Assessment Committee is hereby established which shall formulate and put in place the City Government's Drug Testing Program which shall be in accordance with R.A. 9165 and this Ordinance. The program must be made known to all employees and officers stressing the fact that the purpose is not to harass but rather to prevent the entry of illegal drugs and the abuse thereof. The program to be implemented must be developed through a process where consensus is achieved regarding its contents. The committee shall be composed of, but not limited, to the following: a. Chairperson of the Pagadian Anti-Drug Abuse Council; b. Chairperson of the SP Committee on Health; c. Chairperson of the SP Committee on Police, Fire and Public Safety; c. Human Resource Management Officer; d. City Health Officer; and e. Department of Health accredited physician. SECTION 11. DUTIES AND FUNCTIONS OF THE COMMITTEE. - The Committee shall undertake the following duties and responsibilities: a. To formulate the procedure regarding the time, date, and manner of selection of officials, employees, and Job Order workers who would be subjected to the random drug testing; b. To oversee the formulation and implementation of the drug abuse policy in the agency; c. Initiate training programs for supervisors; d. Initiate continuing education and awareness program for the employees; and e. Initiate and adopt value formation, family enhancement and such other related and relevant programs. SECTION 12. VIOLATIONS OF OFFICIALS AND EMPLOYEES. - Any officer or employee found to have violated the provisions of this Ordinance may suffer any or combination of the following sanctions: a. Public officials and employees found to have used drugs during the prescribed period of their intervention or rehabilitation shall be charged with the administrative offense of Grave Misconduct; The 54 barangays through their respective Sanggunians may adopt or promulgate a policy or an ordinance to implement a Drug-Free Workplace. SECTION 14. FUNDS. - For the effective implementation of this Ordinance, the necessary expenses shall be subject to the available funds as determined by the City Mayor. Funds shall bear the expenses for the conduct of the screening and confirmatory drug test of its employees, subject to existing budgeting, accounting and auditing rules and regulations. For the conduct of the screening and confirmatory drug test will be sourced from the City's budget for employee health and wellness. However, drug test conducted as a result of a challenge to a positive drug test result from the confirmatory test shall be charged to the personal expense of the concerned public official or employee. SECTION 15. SEPARABILITY CLAUSE. - If any part of this Ordinance is declared not valid, unconstitutional or unlawful, such declaration shall not affect or impair the remaining provisions or sections or parts thereof, which shall remain or continue to be in full force and effect. SECTION 16. REPEALING CLAUSE. - Any resolution or ordinance whose provision are in conflict herewith are hereby modified or repealed accordingly. SECTION 17. EFFECTIVITY CLAUSE. - This Ordinance shall take effect after its publication for three (3) consecutive weeks in a newspaper of general circulation within the territorial jurisdiction of Pagadian City. ENACTED AND APPROVED by the Sangguniang Panlungsod (14th City Council) during its 28th Regular Session on 22 March 2023 at the SP Session Hall, 4th Floor City Commercial Center (C3), Santiago District, Pagadian City.