MCC.1.6.230 Alcohol and Drugs [Suspended]

(a) All Elected Officials of the Tribe are subject to the drug testing procedures as provided in Section MCC.1.6.250 of this ordinance.

(b) Elected Officials are expected to perform the duties associated with their office with a clear mind, unimpaired by drugs or alcohol. The Tribal Governing Board has determined in enacting this section that it is important for the leadership of the Tribe to be at the forefront of protecting the Tribe and combating the "State of Emergencies" against the abuse of methamphetamine, heroin, prescription, synthetic and illegal drugs that are in effect. The Tribal Governing Board recognizes that drug problems associated with an Elected Official can tremendously affect his or her capacity and motivation to carry out their duties of protecting the sovereignty, safety, and economic well-being of the Tribe and its citizens and enforcing the laws on their behalf. Drug problems associated with an Elected Official can also cause shame, enormous pain and anguish to the citizens of this Tribe as well as hurt, confusion, and disappointment to the Tribe's young people who should be looking at their leaders as role models to be admired and followed. For the aforementioned reasons, no Elected Official under the influence of alcohol, illegal drugs or controlled substances as established in Section MCC.1.2.010(o) shall be permitted to perform the duties associated with their office.

(c) Elected Officials, while on the Tribe's property or on duty, shall not be under the influence of alcohol or illegal drugs; possess or consume alcoholic beverages; possess or consume prescription drugs in the absence of a valid prescription; or use, sell, possess, transfer or purchase illegal drugs or controlled substances. Prescription drugs shall be used only in the manner, combination, and quantity prescribed by a licensed medical practitioner while on the Tribe's property or while on duty. As a condition of service to the Tribe, all Elected Officials must notify the Tribe of any criminal drug statute conviction or charges against them no later than five (5) days after receiving such conviction or charges.

(d) Drug means any substance other than alcohol capable of altering an individual's mood, perception, pain level or judgment. A prescribed drug is any substance prescribed for individual consumption by a licensed medical practitioner. An illegal drug is any drug or controlled substance, the sale or consumption of which is illegal.