Q May a county adopt a drug and alcohol testing policy that provides that if a county elected official subject to the policy refuses the drug and alcohol test they not be allowed to drive county-owned vehicles?

A Section 71-7-3 authorizes boards of supervisors to adopt “employee” drug and alcohol testing policies. Elected officials are not considered “employees” as defined in Section 71-7-1, and therefore are not subject to the drug and alcohol testing act. Alternatively, the county is not required to provide vehicles to county officials. For this reason, the county may adopt a vehicle usage policy which requires drug and alcohol testing as a condition of having access to drive county vehicles. (Attorney General’s Opinion to Hemphill dated December 11, 2009)