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GOVERNMENT OF THE DISTRICT OF COLUMBIA Department of Corrections — — ‘Office ofthe Director May 23, 2019 ‘The Honorable David Grosso ‘The Honorable Vincent C. Gray Chair, Committee on Education (Chair, Committee on Health Council of the District of Columbia Council ofthe District of Columbia 1350 Pennsylvania Ave. NW. Ste. 402 1350 Pemsylvania Ave. NW, Ste. £06 ‘Washington, DC 20004 ‘Washingjon, DC 20004 ‘The Honorable Charles Allen “The Honorable Brianne K. Nadeau Chair, Committe Judiciary and Public Safety (Chait, Committee on Human Services Council ofthe District of Columbia Council ofthe District of Columbia 1350 Pennsyivatia Ave. NW, Ste. 110 1350 Pernsylvania Ave. NW, Ste. 102. ‘Washington, DC 20008 ‘Washingion, DC 20004 ‘The Honorable Trayon White, Sr ‘The Honorable Robert White, J. Chair, Committee on Recreation and Youth Affairs Chait, Committee on Facilites Council ofthe District of Columbia Council ofthe District of Columbia 1350 Pennsylvaria Ave. NW, Ste. 400 1350 Peensylvania Ave, NW, Ste. 107 ‘Washington, DC 20004 ‘Washington, DC 20004 Dear Councilmembers: (On behalf of Deputy Mayor Kevin Donahue, Iam responding to your April 22,2019 letter on the D.C. Department of Correctiors' (DOC) policy and practices for drug and alcohol testing of employees. DOC is charged with maintaining the safety, security, and order of al its facilities, inmates, staf, and visitors within those facilites tis the policy of DOC to provide a drug- and alcohol-free workplace, ‘hich includes the proitition on all DOC employees from using or being under the influence of alechol or marijuana while on duly and possessing or using any controlled substance that is unlawful to use oF possess without a medical prescription, While 1 will not comment on any specific personnel hiring decision, I will reiterate that DOC policy prohibits the use of marijuana by any of its employees. While we certainly respect an individual's medical ‘needs that may result in their preseribed use of medical marijuana, DOC does not deviate from its gereral _protibition on the use of controlled substances. We believe tha to sllow an accommodation for the we of ‘medical marijuana without, as you stated, “a clear testing capability of being able to exclude the usage as 1 factor in the event ofan snferninate incident,” would leave the District and DOC open to liability {As you know, our employees are required to engage in activities that require them to carry firearms and ‘operate motor vehicles. Every day, our staff are responsible for identifying, preventing, and responding to ‘emergency situations to protet people's lives and ensure their safety. Additionally, out staff maintain critical records, personal identification information, and fiscal information. Any mistakes made by our «employees have the potential cause significant harm for inmates, staff, vistors, andthe public at large. ‘We take our duties seriously and know that we have no margin for ero, DOC has, on several occasions, responded to Councilmember Grosso and his staff on the issue of | ‘marijuana usage by DOC employees. DOC follows District Personnel Manual Instruction No. 4-34, effective July 28,2016, which expressly states: “Initiative 71 has mo impaet on the District government's curent enforcement and application of employment related drug testing requirements. This is because the provisions contained in D.C. Law 20-153 expressly permit employers to continue to ‘enforce and establish policies which restrict marijuana use by employees. Specifically, the plain language of the legislation permits District government agencies to maintain and develop policies which prohibit any marijuana use by employees, The legislation also ‘expressly permits District government agencies to bar the possession, consumption, use, or transportation of marijuana on District government property. Accordingly, Initiative 71 hnas no legal effect or inpact on the District government's drug and alcohol testing programs” [emphasis in original] Additionally because all DOC employees occupy safety-sensitive positions, District personnel regulations allow forthe prohibition on those employees’ use of medical marijuana and mandatory testing forall applicants for employment. While I appreciate thatthe medical and scientific usage of marijuana continues to evolve, want to assure you that DOC is fully committed to following District law and personne! regulations and making sure that our workplace is a safe and healthy environment. DOC wil, of course, continue o follow the Department of Human Resources’ guidance and recommendations on this issue as we recognize its importance as a mater of policy. If you need farther information regarding DC DOC's drug testing policy, please do not hesitate to contact Qulfey L. Booth Director

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