2 Councilmen Call for Strict Rules on Drivers

Two Los Angeles officials proposed a so-called zero tolerance policy Tuesday that calls for banning drivers from city vehicles if they fail a single drug or alcohol test. But others were skeptical, and the drivers union vowed to fight the idea.

City Councilmen Joel Wachs and Rudy Svorinich Jr. called for a tougher policy that would prohibit city employees who fail drug tests from driving city trucks or any city vehicle.

“I believe there should be zero tolerance,” Svorinich said, “because we trust those folks that are behind that wheel to be clean, sober and in possession of their faculties. And when we see repeated behavior to the contrary, that puts everyone at risk, including the person behind the wheel.”

Wachs cited disclosures in The Times that 95 city truck drivers have been allowed behind the wheel during the last three years after testing positive at least once for drugs or alcohol; 23 of them tested positive twice.

Current city policy generally calls for a five-day suspension after the first positive test, a 20-day suspension after the second positive test and mandatory firing after the third positive test.

“This policy of extreme governmental tolerance is stupid and dangerous,” Wachs said. “This is as potentially deadly as giving a loaded weapon to a child.”

In contrast, the Los Angeles Unified School District fires its drivers after the first offense, and Caltrans fires drivers after the second offense.

Most city truck drivers are represented by the Service Employees International Union, Local 347. The union’s general manager, Julie Butcher, said she will fight any attempt to adopt a zero tolerance policy.

The current policy is better, she said, because “it recognizes the ability of people to rehabilitate themselves.” Employees who test positive now must undergo drug or alcohol rehabilitation and pass another drug test before returning to work.

Some council members said they might support firing employees who fail a second drug or alcohol test, but they opposed Wachs’ stand against second chances.

“We don’t say that a person loses their driver’s license permanently for one drunk driving violation,” said Councilwoman Jackie Goldberg, citing state law.

In some cases, firing may be warranted on the first test failure if there are other violations, Goldberg said. She added that the city should first try to rehabilitate drivers who test positive.

Council members Hal Bernson and Laura Chick said that the current policy is too lax, but that they would more likely support firing drivers who test positive a second time.

“If somebody fails the test once, then there ought to be training and counseling and a probationary period, and if it happens again they ought to be gone,” Bernson said.

Chick said taxpayers face millions of dollars in lawsuit payouts involving city employees who cause traffic accidents, so the rules should be tightened.

“Three times is too much,” Chick said. “Maybe we should give them a second chance when their behavior is out of character. But this is serious business. Lives are destroyed because of accidents caused by drivers who are under the influence.”

Councilmen Nate Holden and Mike Feuer said they probably would support the zero tolerance proposal.

The council will consider the matter on March 8.