Elected Officials Present:
Shirley Groover Bryant, Mayor
Tamara Cornwell, Vice Mayor, Commissioner-at-Large 2—(entered the meeting at 5:45 p.m.)
Jonathan Davis, Commissioner-at-Large 1
Harold Smith, Commissioner, Ward 1
Tambra Varnadore, Commissioner, Ward 2
Brian Williams, Commissioner Ward 3
Mark Barnebey, City Attorney
Jeff Burton, CRA Director
Jim Freeman, City Clerk
Mohammed Rayan, Public Works Deputy Director
Scott Tyler, Chief of Police
Amber LaRowe, Assistant City Clerk
Mayor Bryant called the meeting to order at 4:30 p.m.
1. DISCUSSION: Personnel Policy
A. Medical Marijuana
Mr. Freeman discussed the handout as attached to the Agenda with essentially four scenarios that could be possible when dealing with employees and/or potential hires that may have a Medical Marijuana State issued Recommendation Card. The Committee discussed these scenarios as attached and would appreciate the Commission feedback on how it should be handled going forward as it could be an issue sometime in the future.
Anne Chapman, Labor Attorney Blalock Walters, explained to the Commission that there is no obligation for an employee to tell an employer what drug they are prescribed whether it be via prescription, over the counter or the State Issued Medical Marijuana Recommendation Card. They can and should advise their supervisor if they have been prescribed something that they feel will hinder their ability to perform their job, operate heavy equipment, drive a car, etc. There is no requirement to mandate an employee inform the specific drug they are on and/or the reasons they are prescribed said drug. The Commission expressed their opinions on this and disagreed. Commissioners Varnadore and Smith opined that an employee should be required to tell their employer if they have been given a Recommendation Card by the State. Attorney Chapman cautioned against that, but that the City can require such. There could potentially be a lawsuit by the employee if something happens to them once the City has learned about their Recommendation.
It should be noted; however, that Police Department Sworn Officers are not allowed to use marijuana even if it is a State Issued Recommendation Card [due to it still being illegal by the Federal Law].
Commissioner Varnadore opined that if the City wishes to treat a Recommendation of Marijuana like that of a prescribed drug then in the Personnel Policy Section 4.06 C.7. the first sentence should read “an employee who uses legal and/or prescribed drugs or has a Recommendation from the State…”
Discussion continued with the Commission and staff with no real resolution or closure on the topic; therefore, this discussion will be continued to the next Workshop meeting.
B. Merit Pay Program
C. Summary of Discussions
Mr. Freeman discussed the summary as attached to the Agenda. Commissioner Smith questioned why donated time from one employee to another that goes unused would not be given back to the employee who donated it. Staff explained that the Committee felt it would be easier to manage if once donated it stays donated whether used completely or not. The issue that the City could face is that if four employees donate to one employee and that one employee uses all but one hour, which employee gets the one hour back? On the other hand, do you split the time left between all the employees that donated?
Due to the time, discussion ceased and will continue at the next Workshop meeting.
Mayor Bryant adjourned the meeting at 6:02 p.m.