City of Hornell, NY
Steuben County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Hornell at time of adoption of Code; see Ch. 1, General Provisions, Art. II. Amendments noted where applicable.]

§ 41-1 Establishment.

As a condition of receiving federal funds under the CDBG - Small Cities Grant Program, the City of Hornell has established a policy of maintaining a drug-free workplace. The following statement specifies the city's drug-free workplace policy and the responsibilities of city employees.

§ 41-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CONTROLLED SUBSTANCE
A controlled substance in Schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C. § 812), and as further defined by regulation at 21 CFR 1300.11 through 1300.15.
CONVICTION
A finding of guilt, including a plea of nolo contendere, or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.
CRIMINAL DRUG STATUTE
A federal or nonfederal criminal statute involving the manufacture, distribution, dispensing, use or possession of any controlled substance.
DRUG-FREE WORKPLACE
A site for the performance of work done in connection with the Housing and Urban Development funded Community Development Program at which employees of the City of Hornell are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance.

§ 41-3 Possession and use of controlled substances.

All employees are hereby notified that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the City of Hornell's workplace(s).

§ 41-4 Conditions of employment.

As a condition of employment under the Small Cities Grant Program, each employee engaged in the performance of the grant will:
A. 
Abide by the terms of this statement.
B. 
Notify the city of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.

§ 41-5 Penalties for offenses.

The city may impose penalties on employees for drug abuse violations occurring in the workplace, including:
A. 
Personnel actions as allowed under any applicable collective bargaining agreements or personnel policies of the City of Hornell up to and including termination.
B. 
Requiring such employee to participate satisfactorily in a drug-abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency.

§ 41-6 Action upon notification of conviction.

The city shall, within 30 days of receiving notice that an employee has been convicted of a violation of a criminal drug statute occurring in the workplace, take one of the actions against the employee as provided in § 41-5 above.

§ 41-7 Information availability.

Employees seeking information about the dangers of drug abuse in the workplace and/or the availability of drug counseling, rehabilitation and employee assistance programs are directed to contact the city's Personnel Director.