Q May a municipality adopt a policy which provides that any employee that fails a drug test will automatically be placed on leave without pay until further action is taken by the board at the next regular board meeting?

A No, a board of aldermen may not adopt a policy or order which automatically suspends an employee without pay, even if the employee has failed a drug test. The board has a statutory responsibility to hire and fire municipal employees, which cannot be delegated to any other person or entity. A suspension without pay of a municipal employee requires an action of the board of aldermen. Such a suspension requires an official action of the board itself on a case-by-case basis. (Attorney General’s Opinion to Jacks, October 7, 2016)