MCC.1.6.240 Drug Free Workplace Act Compliance [Suspended]

(a) The Tribe has established a policy providing for a drug-free workplace as required by the Drug Free Workplace Act of 1988, 41 U.S.C. 701 et. seq. As such, the Tribe hereby publishes a statement notifying Elected Officials that the Tribe prohibits the unlawful manufacture, illegal distribution, dispensation, possession or use of a controlled substance in the workplace. Any Elected Official who violates this policy shall be subject to removal from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(b) General Provisions.

(1) Consent. No alcohol test may be administered, urine sample obtained, or any drug test conducted without the consent of the person being tested. An Elected Official gives consent to participate in any and all forms of testing as a condition of holding office on the Tribal Governing Board.

(2) Record Keeping. It is essential that all necessary documentation from each form of testing is maintained in the Human Resources Department in applicable Elected Official files for no less than five (5) years. Elected Official violations will never expire.

(3) Notice of Conviction or Charges. An Elected Official will be responsible for notifying the Tribal Governing Board in writing within five (5) day of any criminal drug statute conviction or charges for violation.

(4) Illegal Distribution or Illegal Dispensing of Controlled Substance on Tribal property. Any Elected Official who manufactures, illegally distributes, or illegally dispenses a controlled substance on Tribal property or while on duty shall be subject to removal from office pursuant to Article III, § 7 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(c) Re-election after Removal. Any Elected Official who has been removed from office for violation of the Tribe's Drug-Free Workplace Policy may be eligible for re-election upon proof of rehabilitation provided by an accredited treatment facility that the person has been to treatment or has successfully completed appropriate treatment and is in recovery.