[HISTORY: Adopted by the Board of Trustees of the Village
of Lake George 2-8-2010 by L.L. No. 2-2010. Amendments noted where
applicable.]
The Village of Lake George is committed to join other government
entities and agencies to win the battle against substance abuse. The
Village Board specifically finds that the workplace is not immune
to the influence of substance abuse, and workers' safety, health
and efficiency are affected. To combat the presence of substance abuse
and alcohol abuse in the workplace, the Village Board of Trustees
has adopted this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any incident reportable to an insurance carrier, including
workmans' compensation, liability, collision, etc.
Shall have the definitions as specifically set forth under
New York State Law.
Includes any location owned, operated or controlled by the
Village of Lake George, whether the employee is on or off duty. Also
at any other locations while on duty where Village business is conducted,
including traveling on Village time to and from such work location.
The above includes members of the Volunteer Fire Department
during a firematic activity or other event at the discretion of the
officer in charge.
A.
All Village employees and/or members of the Lake George Volunteer
Fire Department must be given notification in writing to the Lake
George Village Clerk within five calendar days of any conviction for
violation of a federal or state criminal substance abuse statute.
A conviction is defined as a finding of guilt, including an Alford
plea, and/or the imposition of a sentence by a judge or jury in any
federal or state court. Any such person convicted or who fails to
report such a conviction is subject to discipline, up to and including
termination.
B.
Any Village employee and/or member of the Lake George Volunteer Fire
Department who operates a Village of Lake George owned/leased motor
vehicle is prohibited to operate same while having a blood alcohol
concentration of 0.02% or greater as indicated by alcohol breath test.
C.
Refusing to submit to an alcohol test or using alcohol within eight
hours after an accident or an accident involving a Village-owned/leased
motor vehicle is prohibited. Any such person who violates this provision
shall be subject to discipline, suspension or other action including
termination.
A.
Any Village employee and/or member of the Lake George Volunteer Fire
Department who is convicted for a violation of any federal or state
criminal substance abuse statute, or is convicted of any violation
of § 1192 of the New York State Vehicle and Traffic Law,
or who has been found to have operated a vehicle owned/leased by the
Village of Lake George while having a blood alcohol concentration
of 0.02% or greater, shall be subject to random testing to be conducted
at the request and expense of the Village of Lake George. Testing
shall not be announced in advance and shall be conducted with unpredictable
frequency throughout the year. The Village of Lake George shall have
the option of choosing any licensed or certified agency that holds
itself out as a testing agency for either alcohol or substance use/abuse.
A.
Lake George Village employees and members of the Lake George Volunteer
Fire Department who have substance abuse and/or alcohol problems are
encouraged to participate in a rehabilitation program. Information
regarding available rehabilitation programs shall be made available
by the Lake George Village Clerk. Federal law requires an employer
to take action within 30 calendar days of receiving notice of a workplace
drug conviction to impose discipline upon and/or to require satisfactory
participation in a substance abuse rehabilitation program by the convicted
employee. By extension, the Village of Lake George extends this provision
to any employee and/or member of the Lake George Volunteer Fire Department
who is convicted of any violation of New York State Vehicle and Traffic
Law § 1192.
B.
Any member of the Lake George Volunteer Fire Department who has been
convicted for a violation of any federal or state criminal substance
abuse statute, or convicted of any violation of § 1192 of
the New York State Vehicle and Traffic Law within the past 10 years,
shall be prohibited from operating any piece of fire apparatus.
In addition to any penalty contained in any other provision
of law, any person who shall violate any of the provisions of this
chapter may be fined, suspended or removed from office, employment,
or the Volunteer Fire Department, as the case may be, in the manner
provided by law.
This chapter shall take effect immediately upon the filing of
this chapter with the Secretary of State of the State of New York.
