FAIRHOPE, Ala. — If Mayor Tim Kant signs an ordinance creating a “zero tolerance” substance abuse rule passed by the City Council this week, the city will have a “one strike and you’re out” policy, when it comes to controlled substance and alcohol abuse by municipal employees.

“Once the mayor signs it, and it is published (in a local newspaper), it becomes effective,” Rhonda Bishop, the city’s human resources director, said Tuesday morning.

On Monday, the City Council unanimously adopted an ordinance amending the city’s personnel rules to include a “zero tolerance” substance abuse policy and program.

“The only difference (from the prior policy) is the first time they test positive, we will process them for termination,” Bishop told the council at its regular meeting Monday night.

Under current rules, city employees who test positive for a list of certain controlled substances and alcohol during random toxicology screens are given a “last chance” agreement, she said.

“We would then send them to counseling,” Bishop said Tuesday morning. If they tested positive again, they would be terminated, she said.

Although Councilman Mike Ford questioned the fairness of the new rule and held up its consideration at the Jan. 11 council meeting, he voted in favor of the policy Monday night with the other four council members.

“Nobody can be against an anti-drug policy,” he said. “But it doesn’t seem to me it’s a very American process.”

Bishop responded that the ordinance does not change existing grievance and due process rights of employees to challenge the testing or termination.

“Who’s going to make the decision to fire somebody?” Ford asked. “I want to know who is going to make this decision.”

Bishop said the termination process would be initiated by her office following a positive test for controlled substances or alcohol administered by Thomas Hospital. Those tests are administered randomly pursuant to a contract with the city, and when ordered by the city based on reasonable suspicion that an employee is under the influence of controlled substances or alcohol on the job, she said.

Under the new policy, city employees can still seek assistance with substance abuse issues without triggering a toxicology screen, Bishop told the council.

Kant could not be contacted by press time regarding his intent to sign the ordinance or veto it.

In other business, the council:

• Received the annual audit of city finances by the private accounting firm hired by the city to provide an independent analysis of the city’s books as required by state law. Although Earl Blackmon of the Fairhope-based accounting firm Hartmann, Blackmon and Kilgore provided copies of the audit to the council members, a copy had not been provided to the city clerk’s office at that time or immediately following the Monday meeting.

“The City of Fairhope does not have a final draft copy at this time,” City Clerk Lisa Hanks wrote in an e-mail earlier that day, responding to a request by the Fairhope Courier for a copy of the audit and any PowerPoint presentation or supplementary materials. “Once a copy is available I will let you know.”

In addition, Blackmon said he was unable to run his PowerPoint on the city’s system Monday night but would later provide those presentation materials to the city.

Once the Courier receives a copy of the Comprehensive Annual Financial Report for the fiscal year ending Sept. 30, 2009, it will report on the audit.

According to city staff, the HBK firm has audited the city’s books since 1990, the same year the firm was founded, according to its Web site. As of press time, an inquiry to the city regarding the cost of the audit had not been answered. For the 2007 audit and related fees, the city paid the accounting firm $57,520, according to city staff in September 2008.

• Heard from Councilman Rick Kingrea, who announced an open forum about laws regarding the sale of alcohol in the city. The forum will take place at 6 p.m., Wednesday, Feb. 3, in the Fairhope Civic Center.

“If you have an opinion, and you want to express it, come out next Wednesday,” Kingrea said.