[Ord. No. 7328 §1, 8-28-2006]
A. 
It is the policy and practice of the City to provide and promote equal employment opportunities for all applicants and employees. It is the responsibility of all employees to ensure that the concepts of equal employment opportunity and non-discrimination are understood, abided by and carried out by everyone.
B. 
It is the policy of the City to hire, train, promote, compensate and administer all employment practices without regard to race, color, sex, pregnancy, age, veteran status, religion, national origin, handicap or disability unrelated to the ability to perform a job. This policy also prohibits "same sex" harassment. In short, discrimination, sexual harassment or harassment on any of the grounds stated above is strictly forbidden and will not be tolerated. The City will take appropriate measures in response to any such incidents which are known by or reported to management or the Personnel Department.
C. 
The City believes that every employee has the right to work in an environment free of discrimination, sexual or other prohibited harassment. Such conduct does not advance the purposes of the City; it is also morally wrong and may subject the City to legal exposure. Consequently, any employee who engages in this prohibited conduct will be subject to disciplinary action, up to and including termination.
D. 
Conduct Constituting Prohibited Sexual Harassment. Under guidelines published by the Equal Employment Opportunity Commission, "unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature" constitute unlawful harassment in the following instances:
1. 
When submission to such conduct is made either explicitly or implicitly a term or condition of employment; or
2. 
When submission to or rejection of such conduct by an individual is used as a basis for any employment decision (e.g. promotion, wage increase, termination) affecting such individual; or
3. 
When such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile or offensive working environment.
For example and without compiling an exhaustive list, the following are illustrative of conduct that the City condemns and prohibits under this policy:
a. 
Conditioning a benefit such as a certain salary or promotion on the granting of sexual favors or the establishment or continuance of a personal relationship or to imply to an employee that an award of such a benefit is conditioned upon the granting of sexual favors or the establishment or continuance of a personal relationship.
b. 
Stating or implying that another employee's performance is attributable in whole or in part to the sex of that employee.
c. 
Stating or implying that a fellow employee's promotion in the City hierarchy has resulted from the granting of a sexual favor or relationship.
Sexual harassment may involve such matters as crude sexual jokes or sexual names; sexually suggestive, profane language; offensive sexual flirtations and innuendos; a display of obscene or pornographic material; sexual advances; grabbing or touching another individual; or other similar demeaning and insulting behavior based on sex. Employees of the City should be aware that the issue of whether conduct constitutes sexual harassment or discriminatory conduct may depend on how that conduct is viewed by the employee who is subjected to the conduct. Any employee who initiates or persists in this prohibited conduct assumes the risk of violating this policy in the event that the person who is the object of the conduct views it as offensive; accordingly, such an employee may be subject to discipline even if the conduct might not have been intended as offensive.
E. 
Prohibited Discriminatory Joking Or Epithets Based On Race, Ethnicity, Sex, Religion, Age Or Disability. As examples and without compiling an exhaustive list, the following are illustrative of conduct the City condemns and prohibits under this policy:
1. 
It is prohibited for any employee to bring any item to the work premises for purposes of a racial, ethnic, sexual, religious, age-related or disability-related joke or epithet.
2. 
It is also prohibited for any employee to use City property, bulletin boards, e-mail or voice mail systems or documents for purposes of a racial, ethnic, sexual, religious, age-related or disability-related joke or epithet.
3. 
It is also prohibited for any employee to deface City property or the personal property of anyone else for purposes of a racial, ethnic, sexual, religious, age-related or disability-related joke or epithet.
4. 
It is also prohibited for any employee to utter or use any racial, ethnic, sexual, religious, age-related or disability-related jokes or epithets at work or when referring to or about any other person, be they an employee or a non-employee.
F. 
Procedure Upon Occurrence Of Prohibited Conduct. Any employee who believes he/she has been subjected or exposed to any harassment or other conduct prohibited by this policy has the right to have such activity terminated immediately. Complaints must be made either to the employee's immediate supervisor, department head or to the City's Personnel Officer or Mayor. Complaints shall be treated in a confidential manner to the extent reasonable. Retaliation of any form against anyone who complains pursuant to this policy is strictly prohibited. An investigation shall be made immediately concerning any complaint. If the investigation leads to a determination that the charges are true or there has been any improper conduct, corrective action will be taken immediately. Such action may include termination of employment for anyone violating this policy. Any complaint against the Mayor should be made to the Personnel Officer who shall do a prompt and thorough investigation. A report of such investigation shall be forwarded to the Council for its review and determination of appropriate action to be taken against the Mayor.
[Ord. No. 7328 §1, 8-28-2006]
A. 
Overview. The City stands committed to fulfilling its obligations under the Americans With Disabilities Act and all other applicable State and Federal Statutes governing the workplace. It is the policy of the City to hire, train, promote, compensate and administer all employment practices without regard to race, color, sex, age, religion, veteran status, national origin or disability unrelated to the ability to perform a job with or without reasonable accommodation. Discrimination against job applicants or employees because they are disabled is prohibited and will not be tolerated.
B. 
Guidelines. When dealing with situations involving job applicants or employees with a disability, the City will endeavor to follow these guidelines:
1. 
It is against the policy of the City to discriminate against qualified individuals with disabilities who, with or without reasonable accommodation, can perform the essential functions of a job.
2. 
The City is committed to ensuring that qualified individuals with a disability are not discriminated against in applying for employment and once such individuals have been employed in the workplace. It is the policy of the City, where possible and readily achievable, to make existing facilities used by employees readily accessible to and usable by individuals with disabilities. However, there may be instances where the City is not aware that an employee has a disability which might impact on an aspect of his/her employment or whether an existing facility is accessible to and usable by individuals with disabilities. It is incumbent upon any job applicant or employee to alert the City or his/her supervisor as to the existence of a disability which the job applicant or employee believes needs to be accommodated so that he/she will enjoy and be afforded equal employment opportunity in the workplace.
3. 
An individual may be considered disabled if he/she has a physical or mental impairment and the impairment substantially limits one (1) or more of the individual's major activities in life, has a record or history of such an impairment, or is perceived as having such an impairment. The City is committed to making reasonable accommodations in job duties, the work environment, and the application process to enable a qualified person with a disability to enjoy equal employment opportunities, so long as such accommodations do not constitute an undue hardship.
4. 
At the same time, the City also has an obligation to provide a safe work environment for all employees and customers. Reasonable precautions will be taken to ensure that an employee's disability, or any attempted reasonable accommodations thereto, do not present a direct threat to the health and/or safety of the individual employee with a disability or to others.
C. 
Procedural Channels. The employee should advise his/her supervisor of the existence of a disability which the employee believes needs to be accommodated so that he/she will have equal employment opportunities in the workplace. The City will attempt to work with the employee to determine if the employee's disability can be reasonably accommodated. Employees also should advise their department head, the Personnel Officer or the Mayor of any facilities which they believe need to be made accessible and usable by individuals with disabilities. In addition, the employee may contact his/her supervisor, department head, the Personnel Officer or the Mayor if he/she believes that he/she has been discriminated against by reason of a disability. Any complaint of disability discrimination shall be investigated and treated in a confidential manner to the extent reasonable. If the investigation leads to a determination that the charges are true, corrective action will be taken immediately.
[Ord. No. 7328 §1, 8-28-2006]
A. 
Overview. The City is concerned about the increased violence in society, which has also filtered into many workplaces throughout the United States, and has taken steps to help prevent incidents of violence from occurring at the City. In this connection, it is the policy of the City to expressly prohibit any acts or threats of violence by any City employee against any other employee in or about the City's facilities or elsewhere at any time. The City also will not condone any acts or threats of violence against the City's employees, customers or visitors on the City's premises at any time or while they are engaged in business with or on behalf of the City, on or off the City's premises.
B. 
Objectives. In keeping with the spirit and intent of this policy, it is the stated commitment of the City:
1. 
To provide a safe and healthful work environment;
2. 
To take prompt remedial action, up to and including immediate termination, against any employee who engages in any threatening behavior or acts of violence or uses any obscene, abusive or threatening language or gestures;
3. 
To take appropriate action when dealing with customers, former employees or visitors to the City's property who engage in such behavior. Such action may include notifying the Police or other law enforcement personnel and prosecuting violators of this policy to the maximum extent of the law. The City intends to use all reasonable legal, managerial, administrative and disciplinary procedures to secure the workplace from violence and to reasonably protect employees from harm;
4. 
To prohibit employees, former employees, customers and visitors from bringing unauthorized firearms or other weapons onto the City's premises; and
5. 
To establish a procedure for reporting a complaint of workplace violence and investigating any complaint of workplace violence.
C. 
Description Of Workplace Violence. Workplace violence in this policy shall include, but not be limited to, an act or behavior that:
1. 
Is physically assaultive;
2. 
A reasonable person would perceive as obsessively or irrationally directed and reasonably likely to result in harm or threat to persons or property, such as conduct intensely focused because of a grudge, grievance or romantic interest in another person;
3. 
Consists of a communicated or reasonably perceived threat to harm another individual or to destroy property;
4. 
A reasonable person would perceive as menacing or which would be reasonably interpreted as carrying potential for physical harm to an individual; and
5. 
Involves carrying or displaying weapons, destroying property or throwing objects in a manner reasonably perceived to be threatening.
D. 
Reporting Workplace Violence.
1. 
Any employee who feels he/she has been subjected to workplace violence should immediately contact one (1) or more of the persons below with whom the employee feels the most comfortable.
a. 
The employee's department head.
b. 
The Personnel Officer.
c. 
The Mayor.
2. 
The employee should be prepared to provide the following information:
a. 
The employee's name, department and position title.
b. 
The name of the person(s) committing the alleged violence (including department, if an employee of the City).
c. 
The specific nature of the alleged violence and specific date and time of any and all incidents.
d. 
All witnesses to any incidents.
3. 
The City will not condone any form of retaliation against any employee for making a report under this policy.
E. 
Investigation Of Workplace Violence Complaint.
1. 
The Personnel Officer is the person designated by the City to be the investigator of any complaint of workplace violence. The Mayor or his/her designee may also investigate any complaint of workplace violence. If any complaint is directed against the Personnel Officer, the Mayor shall investigate the complaint or determine an appropriate delegate to investigate the complaint.
2. 
All complaints of workplace violence shall be investigated promptly. If it is determined that the complaint is valid, appropriate action shall be taken. If the complaint is against an employee, disciplinary action shall be consistent with the nature and severity of the offense. The disciplinary action may include demotion, suspension, dismissal, warning, placement on probationary status and may also include mandatory referral to any EAP program which may be maintained by the City. In the event of any complaint against the Mayor in which the Personnel Officer recommends disciplinary action, a recommended disciplinary action and report of the complaint of workplace violence and summary of the investigation of the complaint shall be forwarded to the City Council for its review and determination of appropriate action to be taken against the Mayor.
F. 
Obligations Of Employees.
1. 
Employees shall report all instances of workplace violence in a timely manner.
2. 
Employees are obligated to cooperate in any investigation of a complaint of workplace violence including, but not necessarily limited to, coming forward with evidence, both favorable and unfavorable, to a person accused of violence and by fully and truthfully making a written report or verbally answering questions when required to do so during an investigation of a workplace violence complaint.
3. 
Disciplinary action shall be taken against any employee who fails or refuses to cooperate in an investigation of alleged workplace violence, or who intentionally files a false complaint of workplace violence.
[Ord. No. 7328 §1, 8-28-2006]
A. 
Electronic mail (e-mail) and voice mail are used prevalently for external and internal communications. This is an efficient, cost-effective way of communicating, either internally within an office, between offices or externally with others. By design, these systems permit us to communicate without producing a physical record of the communication.
B. 
It is important to be aware, however, that records (either electronic or voice) of these communications are created and may remain in the system. Accordingly, it is critical that employees use appropriate precautions when sending e-mail messages and using voice mail. Both the subject matter and form of e-mail communications should be of a business nature. The content of voice mail communications should, likewise, be business related. When preparing messages, it is best to assume that they may, at some point, be viewed or heard by someone other than the intended recipient(s). All messages created, sent or received using the e-mail system or voice mail remain the property of the City.
C. 
Employees using the e-mail system and voice mail for personal purposes do so at their own risk. All passcodes or passwords are the property of the City. No employee may use a passcode or password that has not been issued to that employee or that is unknown to the City.
D. 
The City retains the right to review, audit, intercept, access and disclose any business or personal message created, sent or received on the e-mail system or by using voice mail and no employee should have any expectation of privacy regarding any such communications. To ensure that the use of electronic and telephonic communication (voice mail) systems and business equipment is consistent with the City's legitimate business interests, authorized representatives of the City may monitor the use of such equipment from time to time. Such monitoring may include printing or reading all e-mail entering, leaving or stored in these systems or reviewing or monitoring voice mail messages.
E. 
Improper use of the City's communications services and equipment will result in discipline, up to and including termination. Improper use includes any misuse as described in this policy as well as harassing, offensive, demeaning, insulting, intimidating, or sexually suggestive written, recorded or electronically transmitted messages.
F. 
Internet access should be for business use only during working hours. Internet access for personal use is permissible during non-working hours so long as such use does not involve any inappropriate or offensive material. Internet access is not available for any employee who does not use a City computer as part of the employee's regular and usual duties. All City Internet users need to be aware at all times that the Internet is an open environment that may not be secure. You must govern your use of the Internet accordingly. Information transmitted over the Internet, whether by Internet e-mail or as responses entered on Internet web or other sites, may be non-secure and may be logged or viewed by audiences other than those you intend to address. Activities on the Internet can be traced to the address from which they originate. It is critical that you be mindful of who may view the information on the Internet. It is your responsibility to take precautions to protect privileged and confidential information and to ensure that your Internet activities reflect well on the City. Internet usage for any sexually suggestive, pornographic, lewd or indecent material is absolutely prohibited.
G. 
Employees who violate this policy are subject to disciplinary action, up to and including discharge.
[Ord. No. 7328 §1, 8-28-2006]
A. 
Provisions Applicable To All Employees And Applicants.
1. 
Purpose.
a. 
It is the policy of the City to maintain a safe, healthy and productive work environment for all employees and the City's residents. To that end, the City will act to eliminate any use, possession, concealment, sale or distribution of illegal or unauthorized drugs and alcoholic beverages which increases the potential for accidents, absenteeism, substandard performance, poor employee morale, or tends to undermine public confidence in the City's workforce. Generally, any substance which may affect the employee's senses, motor functions or alter the individual's perception while working falls within this policy. This prohibition applies during working hours and non-working hours if the off-duty use impacts job performance.
b. 
This policy provides guidelines for the detection and deterrence of alcohol and drug abuse. It also outlines the responsibilities of management and employees. All employees covered by this policy should be aware that violations of the policy may result in discipline, up to and including termination. Applicants in violation of this policy will not be hired.
c. 
In recognition of the serious duty entrusted to employees of the City and with the knowledge that drugs and alcohol do hinder a person's ability to perform duties safely and effectively, the following policy against drugs and alcohol is hereby adopted by the City.
2. 
Policy.
a. 
The use, possession, concealment, sale or distribution of unauthorized drug or alcohol is absolutely prohibited. It is City policy that employees shall not: report to work with any detectable amount of an unauthorized drug or alcohol or be under the influence of alcohol or drugs; have the odor of alcohol or drugs on their breath during a regularly scheduled shift; possess drugs or alcohol on their person or property under their control, while on duty or on compensated standby time; sell or provide drugs or alcohol to any other employees or to any person while such employee is on duty; test positive for unauthorized drugs or alcohol; or work impaired as a result of the use of alcohol or drugs.
b. 
The use of medically prescribed medications and drugs is not per se a violation of this policy. However, an employee should notify his/her supervisor, before beginning work, when taking medication or drugs which may interfere with the safe and effective performance of duties or operation of City equipment. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medication or drugs, clearance from a qualified physician will be required.
c. 
The City has established a voluntary Employee Assistance Program (EAP) to assist those employees who voluntarily seek help for alcohol or drug problems. Telephone numbers for the EAP are listed on posters in the workplace, on periodic payroll stuffers and in the employee newsletter. Medical insurance coverage for drug and alcohol treatment is also included in the medical plan offered by the City. Employees wishing to obtain more information on any of these benefits should contact the Personnel Officer, the City's health insurance carrier or the Employee Assistance Program.
d. 
The City reserves the right to search, without employee consent, all areas and property in which the City maintains joint control with the employee or full control. All City vehicles are subject to search by appropriate management personnel. Warrants will be obtained should it become necessary to search areas beyond the City's immediate control.
e. 
Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work. The employee shall be instructed to wait for a reasonable time until an authorized City representative can transport the employee from the work site.
f. 
Violations of this policy will be grounds for disciplinary action, up to and including discharge. Refusal to submit immediately to an alcohol and/or drug analysis when requested by management pursuant to provisions of this substance abuse policy will result in termination.
3. 
Employee responsibilities. An employee must:
a. 
Not report to work or be subject to duty while having any detectable prohibited drug or alcohol in his/her system or report to work or be subject to duty while his/her ability to perform any job duties is or has been impaired due to alcohol or drug use, on or off duty;
b. 
Not possess or use or have the odor of alcohol or drugs on his/her breath during work hours, on breaks, during meal periods, while on City property in an official capacity, or while operating any City vehicle;
c. 
Not directly or through a third party sell or provide drugs or alcohol to any person or to any other employee while either employee or both employees are on duty or "on call";
d. 
Consent to and submit immediately to reasonable requests for alcohol and/or drug analysis when requested by a department head or his/her designee;
e. 
Notify his/her supervisor, before beginning work, when taking any medications or drugs, prescription or non-prescription, which may interfere with the safe and effective performance of job duties or operation of City equipment;
f. 
Provide within twenty-four (24) hours of request a current valid prescription for any drug or medication identified when a drug screen/analysis is positive. The prescription must be in the employee's name; and
g. 
Notify the Personnel Officer in writing of any criminal drug statute or ordinances conviction or suspended imposition of sentence for a violation occurring in the workplace no later than five (5) calendar days after such conviction or suspended imposition of sentence.
4. 
Management responsibilities and guidelines.
a. 
All management and supervisors are responsible for consistent enforcement of this policy. Any supervisor who knowingly permits a violation of this policy by employees under his/her direct supervision shall be subject to disciplinary action.
b. 
Any management or supervisory representative may request that an employee submit to a drug and/or alcohol analysis when there is a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol or is otherwise in violation of any provision of this policy. "Reasonable suspicion" is a belief based on objective and articulable facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform his/her job safely is reduced or that the employee is otherwise in violation of any provision of this policy. For example, any of the following, alone or in combination, may constitute reasonable suspicion:
(1) 
Slurred speech;
(2) 
Alcohol on breath;
(3) 
Inability to walk a straight line;
(4) 
An accident involving City property;
(5) 
Physical altercation;
(6) 
Verbal altercation;
(7) 
Behavior which is so unusual that it warrants summoning a supervisor or anyone else with authority;
(8) 
Use or possession of alcohol or drugs;
(9) 
Information on use or possession of alcohol or drugs provided either by a reliable and credible source or independently corroborated;
(10) 
Arrest or conviction for a substance abuse offense or being the subject of a criminal investigation into illegal drug possession, use or trafficking;
(11) 
Evidence that the employee has previously tampered with a previous drug test.
This list is not intended to be all inclusive of conduct which constitutes reasonable suspicion.
c. 
Drug/alcohol tests shall be required for employees whenever there is a pattern of on-duty accidents, an accident resulting in property damage or any on-the-job injury.
d. 
Any supervisor who has reasonable suspicion that an employee is impaired on the job by alcohol or other substance or is otherwise in violation of any term of this policy will, with the approval of the department head, immediately arrange for a substance screening through the Personnel Department. If a screening is required after normal business hours, the supervisor will make direct contact with the facility that has been designated to perform screenings for the City. The following procedures shall be followed:
(1) 
The supervisor should document in writing the facts constituting reasonable suspicion that the employee in question is impaired on the job by alcohol or other substance or is otherwise in violation of any term of this policy.
(2) 
Any supervisor requesting an employee to submit to a drug and/or alcohol analysis shall be responsible for the employee's transport to the City's designated facility where a drug and/or alcohol analysis will be performed.
(3) 
Any supervisor encountering an employee who refuses to submit to a drug and/or alcohol analysis upon request shall remind the employee of the requirements and consequences of this policy. Such continued refusal will constitute grounds for termination.
(4) 
Supervisors shall not physically search employees.
(5) 
Supervisors shall notify the Police Department when they have reasonable suspicion to believe that an employee may have illegal drugs in his/her possession or in an area not jointly or fully controlled by the City.
(6) 
Supervisors shall not confiscate, without consent, prescription drugs or medications from an employee.
e. 
Results of drug and/or alcohol analysis.
(1) 
Upon a negative result, the employee shall return to work.
(2) 
If the test result is positive, the employee will then be given the opportunity, at the employee's expense, to have an additional test performed on the retained specimen. If the additional test shows a negative result, it will be assumed that the individual is not in violation of this policy, and the employee shall return to work. If negative, the City will reimburse the employee for the expense of the additional screen.
(3) 
If both tests indicate a positive result, the employee's department head shall have the authority to determine appropriate discipline including termination, subject to the review or approval by the Mayor or his/her authorized designee. A single offense may result in immediate termination of employment.
5. 
Pre-employment substance screening and procedure.
a. 
Prospective employees will be screened for a range of chemical substances. Any employment offer is conditional on a negative substance screening. Refusal to consent to and participate in such testing will automatically disqualify the applicant from further hiring considerations.
b. 
The drug screen may test for any substance which could impair an employee's ability to effectively and safely perform the functions of his/her job. The type(s) of screening and the levels of substances which constitute a positive screen will be determined administratively after consultation with the City's medical services provider(s).
c. 
An applicant whose initial substance screen shows a positive result will be given the opportunity, at the applicant's expense, to have an additional screen performed on the retained specimen. If the additional screen of the same sample shows a negative result, the individual will not be disqualified from City employment on account of the previous substance screen. If the additional screen of the same sample confirms the positive test result, the applicant will be disqualified from consideration for City employment for twelve (12) months.
6. 
Severability. The provisions of this policy are severable and, if any of its provisions shall be held unconstitutional or otherwise invalid by any competent jurisdiction, the decision of such court shall not affect any of the remaining provisions.
B. 
Additional Provisions Applicable To Safety-Sensitive Employees. All City employees who perform job duties requiring a commercial driver's license (CDL) are also subject to the rules of the Federal Highway Administration (FHA) adopted pursuant to the Omnibus Transportation Employee Testing Act of 1991. A summary of those rules and the City's program/policy is as follows:
1. 
Employees covered. Beginning January 1, 1996, all employees of the City who hold commercial driver's licenses (CDL) and all applicants for positions with assigned duties that require a CDL are covered by the FHA rules and regulations.
2. 
Prohibited alcohol and substance abuse related conduct. Employees required to have a CDL for their position are subject to the following prohibitions in addition to those defined elsewhere in the City's policy against substance abuse:
a. 
No driver shall report to duty or remain on duty with a blood alcohol concentration of two hundredths percent (0.02%) or greater;
b. 
No driver shall possess or use alcohol, including any medication with an alcohol component, while on duty or while operating a commercial motor vehicle;
c. 
No driver shall be allowed to drive within four (4) hours of using alcohol;
d. 
A driver involved in an accident that requires an alcohol test may not use any alcohol until after the test is completed or eight (8) hours have elapsed;
e. 
No driver shall refuse to submit to any required drug or alcohol test required by post-accident, random, reasonable suspicion or follow-up testing requirements as defined below.
f. 
No driver shall report for duty or remain on duty when using any controlled substances except those a physician has advised that the driver may use which will not adversely affect the driver's performance.
3. 
Drug/alcohol tests required by this policy. The City is required to administer the following types of tests for persons operating commercial motor vehicles:
a. 
Pre-employment[1] testing for drugs. Offers of employment are made contingent on successfully passing drug screening tests.
[1]
Includes testing when a current employee who is not required to hold a CDL transfers into a position requiring the operation of a commercial motor vehicle.
b. 
Post-accident testing. Drivers will be given drug and alcohol tests within two (2) hours of an accident involving property damage or bodily injury or an accident when the driver is cited for a moving traffic violation. In cases of post-accident testing, the employee will be transported to a medical facility or the City will request and conduct a breath test at the worksite.
c. 
Random testing. Drivers must participate in random drug and alcohol test pools. The random test rate of the alcohol testing pool shall be at least twenty-five percent (25%) of the drivers annually and for the drug testing pool at least fifty percent (50%) of the drivers annually. The tests will be spread throughout the calendar year. "Random selection" means that an individual commercial driver may be selected for alcohol and/or drug testing several times in one (1) calendar year or not at all.
d. 
Reasonable suspicion testing. Drivers are subject to drug and/or alcohol testing at any time during, immediately prior to, or immediately after the driver's assigned working hours, when based upon reasonable suspicion as defined in this policy. In cases of reasonable suspicion testing, the employee will be transported to a medical facility or the City will request and conduct a breath test at the worksite.
e. 
Return to duty and follow-up testing. Before a worker who has violated the prohibited conduct of this policy may return to work, he/she must take and pass drug and/or alcohol tests. Follow-up tests are to be given at least six (6) times within the first (1st) year after the employee returns to duty following completion of a rehabilitation program.
4. 
Testing procedures. Drug and alcohol testing procedures shall conform to those required by Federal regulations governing the drug and alcohol testing mandated by the Department of Transportation. All drug tests shall be done by a National Institute on Drug Abuse (NIDA) certified laboratory.
a. 
Specimen collection. The Personnel Department will instruct job applicants to report to the testing site. Current employees will be instructed by the department head where and when to report for drug and/or alcohol testing. In cases of post-accident or reasonable suspicion testing, the employee will be transported to a medical facility or the City will request and conduct a breath test at the worksite.
The procedure for collecting urine specimens will be designed to ensure the integrity and identity of the urine specimen that is produced. The procedure will also allow for individual privacy unless, in the determination of the City, the laboratory or the Medical Review Officer (MRO), there is reason to believe that an employee may alter or substitute the specimen. Breath alcohol testing will follow Federal procedures to ensure accuracy, reliability and confidentiality.
If testing under this policy is ever required of an employee who is in need of medical attention, necessary medical attention will not be delayed in order to collect the test specimen. However, such an employee shall promptly, upon request from the City, provide the necessary authorization for obtaining hospital reports and records and any other information at the time the need for medical attention and/or testing arose.
b. 
Nature of tests.
(1) 
Drug testing. Drug testing will be performed on urine samples. The initial test will be done by the Enzyme Immunochemical Assay Method (EMIT) or a similarly approved testing method. All specimens identified as a positive test on the initial test will be confirmed using gas chromatography/mass spectrometry (GC/MS) techniques. A specimen will be treated as negative if the result of the initial test or the confirmatory test is negative. All urine samples will be split samples so that if the original specimen test is positive, the employee may request the retained sample be tested. This request must be received by the MRO in writing within seventy-two (72) hours of employee's notice of a positive result. The split sample will be tested at the employee's expense. If the second (2nd) test is negative, the test will be deemed to be negative and the cost of the test for the split sample will be paid for by the City or reimbursed to the employee if already paid by the employee. Job applicants do not have the right to split samples.
(2) 
Alcohol testing. Alcohol testing will be done by using evidential breath testing devices (EBT) approved by the National Highway Traffic Safety Administration. Two (2) breath tests are required to determine if a person has a prohibited alcohol concentration. Breath alcohol testing requires the individual to provide a breath sample. Should the initial breath sample have a result of two-hundredths percent (0.02%) blood alcohol content or greater, a confirmation test will be conducted within twenty (20) minutes using an EBT that prints out the results, date and time, a sequential number, and the name and serial number of the EBT to ensure reliability of the results. A positive test will be reported to the City only if the initial and confirmatory tests measure a blood alcohol concentration at or above two-hundredths percent (0.02%) by weight.
c. 
Refusal to test. All employees covered by this policy are required to submit to the alcohol or drug tests as provided herein. If an employee refuses to be tested or alters or attempts to alter the test sample, such actions shall be treated as a positive test in addition to being a violation of this policy. Such a refusal is grounds for immediate termination.
5. 
Test results.
a. 
Drug tests. The Medical Review Officer (MRO) will review positive drug test results with the employee before they are reported to the City to determine if there is a legitimate medical explanation to account for the laboratory results. The Medical Review Officer will report to the City whether an employee's drug test was positive or negative. If positive, the substance(s) for which the test was positive will be identified. The Medical Review Officer may advise the City of a positive test result without having communicated with the tested employee about the test results if the employee expressly declines the opportunity to discuss the results of the test, or if the employee cannot be reached after reasonable effort by the Medical Review Officer.
Following a positive test result, the employee will be removed from his/her safety-sensitive function until, at a minimum, the employee undergoes evaluation and, when necessary, rehabilitation; after a substance abuse professional (SAP) determines that the employee has successfully complied with any required rehabilitation; and after the employee takes a return-to-duty test with a verified negative test result.
If the Medical Review Officer determines there is a legitimate medical explanation for the positive test result, the Medical Review Officer will report the test result to the City as negative.
b. 
Alcohol tests. If an alcohol breath test results in a reading of two-hundredths to thirty-nine hundredths percent (0.02 — 0.39%) blood alcohol content, the individual shall not return to duty but shall be taken off duty and not returned to work for at least twenty-four (24) hours. If an alcohol breath test results in a reading of four-hundredths percent (0.04%) blood alcohol content or greater, in addition to the above, the employee must meet with a substance abuse professional (SAP). The SAP will determine what assistance, if any, the employee needs in resolving problems associated with alcohol use and when the employee may return to work.
c. 
Confidentiality. The results of any positive test shall be kept confidential from the general City work force and public. The results may be known to the employee, test facility, the Medical Review Officer and substance abuse professional and those department heads necessary. The City may use the results to determine the appropriate response to employee drug and/or alcohol use and to support its disciplinary or other actions or to defend the City in a court or administrative hearing.
The Medical Review Officer, substance abuse professional and the City shall not release the individual test results of any employee to any unauthorized party without first obtaining written authorization from the tested individual.
6. 
Actions taken in response to test results — refusal to be tested.
a. 
Refusal/what constitutes refusal. An employee who refuses to be tested will be treated as having had a positive test. Failure to report to a collection site on a timely basis, sign any required consent form or otherwise fail to fully cooperate with the testing procedure shall be treated as a refusal to be tested. Employees refusing to be tested shall be subject to immediate termination.
b. 
Positive drug test. An employee whose drug test result is reported to the City as positive shall be immediately referred to a substance abuse professional for evaluation and may be subject to disciplinary action up to and including dismissal.
c. 
Alcohol test.
(1) 
An employee whose breath test results in a reading of two-hundredths to thirty-nine hundredths percent (0.02 — 0.39%) blood alcohol content shall be removed from duty and not returned to work for at least twenty-four (24) hours, and all hours not worked shall be recorded as lost time. An employee who has a continuing pattern of breath test results between two-hundredths to thirty-nine hundredths percent (0.02 — 0.39%) blood alcohol content shall be referred to a substance abuse professional for evaluation and may be subject to disciplinary action up to and including dismissal.
(2) 
An employee whose breath test results in a reading of four-hundredths percent (0.04%) blood alcohol content or greater shall be removed from duty and not returned to work for at least twenty-four (24) hours, and all hours not worked shall be recorded as lost time. Additionally, the employee shall be referred to a substance abuse professional for evaluation and may be subject to disciplinary action up to and including dismissal.
d. 
Subsequent positive test(s). An employee whose drug test result is reported to the City as positive or whose breath test result is four-hundredths percent (0.04%) blood alcohol content or greater and who has previously had positive drug tests or previous breath tests with a result greater than four-hundredths percent (0.04%) blood alcohol content or who has previously been referred to a rehabilitation program under the provisions of this policy shall be subject to disciplinary action up to and including dismissal.
e. 
Rehabilitation. Failure to immediately begin an approved rehabilitation program, successfully complete the program and/or participate in required or recommended after-care may result in disciplinary action up to and including dismissal.
7. 
City's right to discipline. The above not withstanding, the City has the right to take immediate disciplinary action for any violation of this policy, including termination.
8. 
Return to work — conditions. An employee who tests positive for illegal drug/alcohol use cannot return to work until he/she meets all of the following conditions:
a. 
Successfully completes a City approved rehabilitation program as directed by the substance abuse professional or as required by this policy;
b. 
No further use of a controlled substance as indicated by a negative drug/alcohol test result at the time of release;
c. 
Obtains a full, written release and recommendation to return to duty from the treatment facility doctor and/or counselor;
d. 
Continues to participate in any program of after-care required by the rehabilitation facility doctor and/or counselor;
e. 
Agrees to be subject to post-rehabilitation unannounced follow-up testing as determined by the substance abuse professional after consultation with the City, for twelve (12) months after reinstatement.
9. 
Department heads (or supervisors) have the following specific duties.
a. 
Department heads or their designees must produce drivers for post-accident drug and alcohol testing within two (2) hours of the accident or explain in writing why the driver was not produced. The driver may be given necessary medical treatment and if such treatment prevents normal drug or alcohol testing, the supervisor shall immediately inform the City's Personnel Director.
b. 
Whenever drug or alcohol tests are required under this policy, department heads must produce the driver for those tests, and when current impairment is reasonably suspected, the department head or designee shall not allow the employee to drive.
c. 
Observations supporting a department head's reasonable suspicion of drug or alcohol use must be made just before, during or just after the employee operates a commercial motor vehicle. These observations must be reduced to writing within twenty-four (24) hours of the observation.
d. 
Whenever drug or alcohol tests are required by this policy and the employee is not tested within eight (8) hours of notice of the need to test, the department head shall explain in writing why the test or tests were not performed.
10. 
Review of test results. The City will employ a Medical Review Officer (MRO) to review the drug test results. The MRO shall be a licensed physician with knowledge of drug abuse disorders.
11. 
Return to work — drug test. In order to recommend return to work after a positive drug test, the MRO shall ensure the employee has subsequently tested drug free, been evaluated by a rehabilitation program counselor, and ensure the employee is in compliance with rehabilitation conditions.
a. 
The MRO shall determine whether and when a return to duty recommendation shall be made for an employee who has failed a drug test or refused to be tested and shall determine the schedule for return to work drug testing.
b. 
Only the Medical Review Officer may review and interpret each positive drug test and, after conferring with the employee, report the results to the City.
12. 
Substance abuse professional. The City will also employ a substance abuse professional (SAP). The SAP shall be a licensed physician (M.D. or D.O.) or a licensed psychologist, social worker, employee assistance professional or an addiction counselor (certified by MHADACCC) with knowledge of and clinical experience in the diagnosis and treatment of alcohol-related disorders.
13. 
Return to work — alcohol test.
a. 
In order to recommend return to work after an alcohol test which indicates a blood alcohol content greater than four-hundredths percent (0.04%), the SAP must first evaluate the employee to determine whether the employee has an alcohol problem.
b. 
If it is determined by the SAP that an employee has an alcohol problem which requires assistance, the employee shall be subject to counseling, treatment and follow-up alcohol testing as directed by the SAP. Follow-up testing shall only occur just before, during or just after the employee operates a commercial motor vehicle.
14. 
Consequences. Besides the penalties set out by the City for violations of this policy, the following consequences are required by FHA rules:
a. 
No driver may drive if he/she has used a listed drug and no driver may drive within four (4) hours of using alcohol or at any time when an alcohol test indicates an alcohol concentration of four-hundredths percent (0.04%) or greater.
b. 
A driver violating these rules may not return to work until evaluated and released by a substance abuse professional and subsequently tested for alcohol and drugs with negative results.
c. 
A driver tested with an alcohol concentration greater than two-hundredths percent (0.02%) and less than four-hundredths percent (0.04%) may not drive or perform other safety sensitive functions for twenty-four (24) hours after the test.
d. 
Federal civil penalties for breach of the Federal rules range between one thousand dollars ($1,000.00) to ten thousand dollars ($10,000.00) for each offense. Federal criminal penalties for violations of the Federal rules range between one dollar ($1.00) and twenty-five thousand dollars ($25,000.00) for each offense or up to one (1) year imprisonment for each offense.
15. 
Prior testing histories. All applicants for or seeking a transfer to a safety-sensitive position shall be required to provide information on any prior testing as required by applicable Federal law.