The Flint City Council has rejected a proposal that would have required drug testing for elected officials after a city attorney warned the plan was “fraught with lots of problems.”
All seven members present at an October committee meeting voted against advancing the ordinance, though several said they are open to supporting a new version once it clears legal review.
Council President Ladel Lewis, who requested the measure be added to the agenda, said she still believes the intent is sound.
“This may not be a perfect document, but it’s definitely a necessary document,” Lewis said. “We are responsible for the city’s purse strings, so we must make sure that we are thinking clearly and lucid whenever we are dealing with the city’s business.”
The proposed ordinance sought to prohibit elected officials from using controlled substances while on city property or conducting official business. It also would have required drug testing after any on-duty accident involving injuries or damage and included random or suspicion-based screenings similar to those faced by city employees.
Under Flint’s existing employee handbook, city workers can be tested for drugs or alcohol at management’s discretion, and those who test positive can be fired. Employees using prescription medications that may impair motor skills must first be cleared by a city medical provider before returning to work.
Senior Assistant City Attorney Thomas Sparrow told the council the city’s Law Department hadn’t yet reviewed the proposed language and warned it raised several constitutional questions.
“This proposed ordinance is fraught with lots of problems,” Sparrow said. “This is a fairly complicated issue. There are several constitutional issues here.”
Mayor Sheldon Neeley, who first pushed for drug testing of city officials as a councilman in 2014, did not respond to requests for comment. Neeley has argued in the past that elected officials should meet the same standards as police, firefighters, and other city employees who are already subject to screenings.
First Ward Councilman Leon El-Alamin, one of Neeley’s allies, echoed that sentiment.
“We manage millions and millions of dollars for our residents in the community, and if you have someone under the influence of opioids or other illegal drugs, that’s jeopardizing the integrity,” he said.
Eighth Ward Councilman Dennis Pfeiffer noted that if Flint were to adopt such a policy, it would be the only city in Michigan to do so.
Meanwhile, the American Civil Liberties Union has previously said that drug testing elected officials without cause would likely violate constitutional protections unless the positions involve direct public safety duties.
Seventh Ward Councilwoman Candice Mushatt said she supports the idea in principle but agreed the ordinance needs more work.
“I am all for the drug testing. I’m fine with it,” Mushatt said. “But there are obviously some things that need to be hammered out.”
The city attorney’s office said it would take at least 30 days to review and possibly revise the proposal before it could be brought back for another vote.