HomeMy WebLinkAbout2017-11-14 Commissioner Minutes TUESDAY, NOVEMBER 14, 2017
The Franklin County Commissioners met Tuesday, November 14, 2017, with the
following members present: David S. Keller, Robert L. Thomas and Robert G.
Ziobrowski. Chairman Keller presided and after calling the meeting to order, a Moment
of Silence, and the Pledge of Allegiance, proceeded with the business of the day.
On a motion by Robert G. Ziobrowski; seconded by Robert L. Thomas;
unanimously approved to adopt the agenda.
There was no public comment.
The minutes of the November 9, 2017 meeting was reviewed. These will be
decided upon on Thursday, November 16, 2017.
The Board reviewed Agreements, Contracts and Reports. Carrie Gray, County
Administrator, explained board action item #7, contract with Rhodes Grove Camp. She
said the event planners recommended to split the Human Service Training days into two
different training days due to a drop off in attendance during the second day of the event
in the past. People who work in the Human Services field may have a hard time being
out of the office for two days in a row and event planners decided to try two different
one-day events. The following item was approved today while the remaining items will
be approved Thursday, November 16, 2017.
The Board reviewed Commissioners' Office matters. On a motion by Robert G.
Ziobrowski; seconded by Robert L. Thomas; unanimously approved Resolution #2017 —
08 to authorize the donation of a recycling trailer to Metal Township and that the
attached resolution be made a part of these minutes.
The Board reviewed an appointment to the South Central Community Action
Program (SCCAP) Board. On a motion by Robert G. Ziobrowski; seconded by Robert L.
Thomas; unanimously approved to appoint Carrie Gray to the South Central Community
Action Program (SCCAP) Board, effective November 14, 2017.
Mary Beth Shank, County Solicitor, recommended the Board consider a
resolution in response to the Medical Marijuana Act ("the Act") that was enacted in April
2016. She explained that the Act authorizes the establishment of a medical marijuana
program in Pennsylvania and makes use or possession of medical marijuana lawful if in
accordance with the Act. The Act provides for physicians to be included in a registry if
they apply and meet the training and credentials required by the Department of Health.
A patient may be issued an identification card by the Department of Health if the patient
has been certified by a doctor and the certification is approved by the DOH. Ms. Shank
explained that there is a provision in the Act regarding correctional facilities which
prohibits the use and/or possession of medical marijuana in a county correctional facility
but further states that this prohibition does not apply to employees of a correctional
facility. Pennsylvania counties are given a deadline of November 17, 2017 if they desire
to pass a resolution to govern county employee use of medical marijuana in a
correctional facility. The resolution she developed acknowledges both federal law, which
classifies marijuana as a Schedule I drug under the Controlled Substance Act and does
not require employers to make accommodations for illegal drug use and state law, which
allows limited use and possession of medical marijuana and provides no guidance to
employers with respect to what accommodations need to be made. The resolution
affirms Franklin County's current policies that address workplace safety, employee
responsibilities related to fit-for-duty capacity and employee use of illicit drugs, alcohol,
controlled substances and legally prescribed drugs. It reserves the right of the Board to
revise current policy or promulgate new policy in the future related to the use and
Continued on page 2
possession of medical marijuana by employees and reserves the right of the County to
decline to provide an accommodation to an employee who has been issued an
identification card where such an accommodation is not specifically required by the Act.
In balancing the deadline imposed on counties to pass a resolution, the unknown
consequence of not passing a resolution, the potential safety issues related to medical
marijuana use in county operations and the lack of guidance for employers with respect
to this issue, this resolution will maintain status quo until such time as a change in policy
is recommended when the conflict between state and federal law is fleshed out by the
Courts or there is a change in state or federal law. On a motion by Robert G.
Ziobrowski; seconded by Robert L. Thomas; unanimously approved resolution #2017-
09, which is attached and made a part of these minutes, affirming the County's current
workplace policies governing workplace safety and employee responsibilities related to
fit-for-duty capacity and reserving the right to maintain current policies or promulgate
future policies related to employee use and possession of medical marijuana.
Mary Beth Shank asked the Board to consider a resolution approving issuance of
tax exempt obligations related to SpiriTrust Lutheran's construction of a skilled nursing
facility and kitchen located on the campus of The Village at Luther Ridge located in
Greene Township. Ms. Shank explained that there was a public hearing held last
Thursday and there was no public comment. This resolution does not obligate the
county in terms of financing. On a motion by Robert G. Ziobrowski; seconded by Robert
L. Thomas; unanimously approved Resolution #2017— 10 to approve issuance of Tax
Exempt Obligations related to construction of a skilled nursing facility and kitchen
located at Luther Ridge.
On a motion by Robert G. Ziobrowski; seconded by Robert L. Thomas;
unanimously approved to enter an executive session at 9:50 a.m. this date for the
purpose to review potential litigation matters. Ms. Shank said there may be action
required after executive session. The Board reconvened into regular session at 10:11
a.m.
On a motion by Robert G. Ziobrowski; seconded by Robert L. Thomas;
unanimously approved to authorize the County Solicitor to formally resolve the matter
discussed during the executive session.
The meeting was adjourned at 10:13 a.m. with a motion by Robert G. Ziobrowski;
seconded by Robert L. Thomas.
FRANKLIN COUNTY COMMISSIONERS
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14 North Main Street Mary Beth Shank,Esq.
Chambersburg, PA 17201-1824
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Telecommunication Device for Deaf(717) 264-8474
Privileged
(717) 261-3812
MEMORANDUM
To: Board of Commissioners
Carrie Gray
John Hart
Steve Nevada
From: Mary Beth Shank
Re: Medical Marijuana Resolution
Date: November 7, 2017
The Medical Marijuana Act ("the Act") was enacted in April 2016. Broadly summarizing, it
authorizes the establishment of a medical marijuana program in Pennsylvania for the cultivation,
sale and use of medical marijuana. It makes use or possession of medical marijuana lawful if in
accordance with the Act, provides for physician registry to issue certifications to patients to use
medical marijuana, and allows the Department of Health to issue an identification card to a
patient who has a certification approved by them.
CCAP recently notified solicitors of a provision in the Act regarding correctional facilities.
Section 1309 states that the Act does not permit any person to engage in and does not prevent the
imposition of any civil, criminal or other penalty for possession or use of medical marijuana in a
county correctional facility or for undertaking any task under the influence of medical marijuana
when doing so would constitute negligence, professional malpractice or professional misconduct.
This section goes on to say that this restriction should not be construed to apply to employees of
a state or county correctional facility. The Act provides counties with the opportunity to adopt a
resolution regarding medical marijuana no later than November 17, 2017. The ramifications of
not passing a resolution by this date are unknown.
The Act, while allowing limited use and possession of medical marijuana, provides little
guidance to employers with respect to what accommodations, if any, should be provided to
employees who are issued an identification card ("ID card"). Marijuana is classified as a
Schedule I drug under the Federal Controlled Substance Act and Federal law does not require
that employers accommodate illegal drug use. This conflict between state law that allows
limited use and federal law that bars use creates a federalism issue that must ultimately be settled
by our courts.
The attached resolution acknowledges both federal law and state law and maintains status quo
for the time being. It references Franklin County's current policies that address workplace
safety, employee responsibilities related to fit-for-duty capacity, and employee use of illicit
drugs, alcohol, controlled substances and legally prescribed drugs. In balancing the deadline
imposed on counties by the Act, the unknown consequence of not passing a resolution, the
potential safety issues related to medical marijuana use in county operations and the lack of
guidance for employers with respect to this issue, the attached resolution is recommended for
your adoption. It states the County will maintain status quo with its workplace policies and
affirms the Board's right to make future changes to its policies, including the ability to have a
specific medical marijuana policy. This allows us to monitor future developments in the law and
respond with policy at the appropriate time rather than be the frontrunner in an area of law that is
largely unsettled.
In the event the County is made aware of an employee who has been issued a medical marijuana
ID card, I recommend that we approach this situation thoughtfully and not immediately terminate
for this reason alone. The employee's supervisor, HR, Administration and legal counsel will
work collaboratively to assess fitness for work, safety issues and job duties in light of our current
policies.
County of Franklin
Resolution No. 2017- 08
A RESOLUTION OF THE COUNTY OF FRANKLIN, COMMONWEALTH OF
PENNSYLVANIA,AUTHORIZING THE DONATION OF A TRAILER
TO METAL TOWNSHIP
WHEREAS, Section 1805 of the County Code, 16 P.S. §1805, authorizes the disposal of
personal property by sale or otherwise upon resolution; and
WHEREAS, the Franklin County Board of Commissioners (hereinafter"County") has been
made aware that Metal Township, Franklin County is in need of a recycling trailer; and
WHEREAS, the County currently owns an approximately twenty-five year old recycling
trailer and said trailer no longer serves any purpose to benefit the County and is being stored
with no current or future use planned except disposal.
NOW, THEREFORE,BE IT RESOLVED by the Board of Commissioners of Franklin
County as follows:
1. The County authorizes the disposal of the following trailer by way of donation to
Metal Township: 1992 Marath Trailer, VIN 1M9PR2732NC371003
2. This Resolution shall become effective immediately..
RESOLVED,this m_ 14th day of November, 2017.
ATTEST COUNTY OF FRANKLIN
......... ....... ............ �.
ohn A. Hart David S. Keller, Chairman
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RobertIT L. Thomas.................................... ................_.
Robert G. 'o rowski
County of 1:"rarikiiri.
Resolution No 201.7-0
A RESOLUTION OF THE COUNTY OF FRANKLIN, COMMONWEALTH
OF PENNSYLVANIA, AFFIRMING ITS CURRENT WORKPLACE POLICIES
GOVERNING WORKPLACE SAFETY AND EMPLOYEE RESPONSIBILITIES
RELATED TO FIT-FOR-DUTY CAPACITY AND RESERVING THE RIGHT TO
MAINTAIN CURRENT POLICIES OR PROMULGATE FUTURE POLICIES
RELATED TO EMPLOYEE USE AND POSSESSION OF MEDICAL MARIJUANA
WHEREAS, marijuana is classified as a Schedule I drug under the Federal Controlled
Substance Act; and
WHEREAS, the Medical Marijuana Act("the Act") was enacted in the Commonwealth of
Pennsylvania on April 16, 2016 for the purpose of establishing a medical marijuana
program; and
WHEREAS, the Act does not permit any person to engage in and does not prevent the
imposition of any civil, criminal or other penalty for the possession and use of medical
marijuana in a county correctional facility; and
WHEREAS,the Act further sets forth that the restriction upon possession and use of
medical marijuana in a county correction facility does not apply to employees of a county
correction facility; and
WHEREAS, the Act permits, but does not mandate the county commissioners of a
Pennsylvania county to adopt a resolution no later than November 17,2017 regarding the
possession and use of medical marijuana by employees in a county correction facility; and
WHEREAS,the Board of Commissioners of Franklin County have not promulgated a policy
explicitly addressing employee use and possession of medical marijuana as a result of the
Act; and
WHEREAS, Federal law does not require that employers accommodate illegal drug use; and
WHEREAS, current Franklin County workplace policies address processes to ensure
workplace safety and employee responsibilities related to fit-for-duty capacity, including but
not limited to employee use of illicit drugs, alcohol, controlled substances and legally
prescribed drugs; and
WHEREAS, said policies are monitored by Franklin County ("the County") and updated
from time-to-time as required by changes in the law or as deemed to be in the best interest of
the County and its employees.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED by the Board of
Commissioners of the County of Franklin , Commonwealth of Pennsylvania as follows:
I,. The above recitals are incorporated herein by reference thereto and made a part
of this resolution.
2. The possession and use of medical marijuana by Franklin County Jail employees
and all county employees shall be governed by current County workplace
policies and collective bargaining agreements that address workplace safety,
employee responsibilities related to fit-for-duty capacity, including but not
limited to employee use of illicit drugs, alcohol, controlled substances and legally
prescribed drugs.
3. The Board of Commissioners reserves the right to address the possession and use
of medical marijuana by maintaining its current policies, revising policies, and/or
promulgating new policies after the effective date of this resolution. To the
extent the use of medical marijuana is addressed in current or future collective
bargaining agreements, the Board of Commissioners reserves the right to
negotiate any revisions to such agreements.
4, The County reserves all rights under the Act to decline to provide an
accommodation to an employee who has been issued an identification card where
such an accommodation is not specifically required under the Act.
5M This resolution shall be effective immediately.
ATTEST COUNTY OF FRANKLIN
.. ._............
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Can i Gray David S. Keller, Chairman
County Administrator Board of Commissioners
Robert L. Thomas
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Robert G. °2 rowski