[1]
Editor's Note — Ord. no. 945 §1, passed December
18, 1995, adopts the alcohol and controlled substance testing policy
on file in City Hall.
[CC 1996 §105.830]
The City seeks to provide a healthy and safe working environment
for all employees and the citizens of the community. Illegal drugs
and drug activities will not be tolerated in the City work areas or
by the City work force. The City has an obligation to identify problem
employees and to protect employees and citizens from alcohol- or drug-related
accidents. It is the policy of the City not to hire or continue the
employment of any individual whose job performance is impaired by
the use of any drugs or alcohol.
[CC 1996 §105.840]
In the construction of this Code and of all other ordinances
of the City, the following definitions shall be observed, unless it
shall be otherwise expressly provided in any Section or ordinance
or unless inconsistent with the manifest intent of the City Council
or unless the context clearly requires otherwise:
Shall have the same meaning as "Intoxicating Liquor" as defined in Section 600.010 of this Code.
Any substance (other than alcohol) capable of altering the
mood, perception, pain level or judgment of the individual consuming
it.
Any drug or controlled substance including, but not limited
to, substance controlled or prohibited by Federal or State law, the
sale or possession of which is illegal.
Positive identification of a drug or metabolic which has
been confirmed by scientific laboratory tests.
Any substance prescribed for the individual consuming it
by a licensed medical practitioner.
Any articulate belief based on scientific facts and reasonable
inferences drawn from those facts that an employee is under the influence
of drugs or alcohol.
[CC 1996 §105.850]
A.
No
alcoholic beverage shall be brought into or consumed on City premises.
B.
Drinking or being under the influence of alcoholic beverages while on duty is cause for discipline, including termination as provided in Article IX of this Chapter.
C.
Any
employee whose use of alcohol results in an act or acts to the determent
of the City, including, but not limited to, on-duty accidents, poor
work or excessive absenteeism or tardiness and the act does not warrant
termination, may be referred to an Employee Assistant Program for
evaluation and possible referral to a treatment program.
[CC 1996 §105.860]
A.
Prescription
drugs shall be used on duty only in the manner, combination and quantity
prescribed.
B.
Any
employee whose use of prescription drugs results in an act or acts
to the detriment of the City, including, but not limited to, excessive
absenteeism, tardiness, on-duty accidents or poor work and the act
does not warrant termination, may be referred for a screening examination
and/or back to their private physician and/or they may be referred
to an Employee Assistance Program for counseling, where in turn they
may be referred to a treatment program. Appropriate disciplinary action
may also be administered.
[CC 1996 §105.870]
A.
The use of an illegal drug while on duty, being under the influence of an illegal drug while on duty or the wrong possession of an illegal drug while on duty is cause for termination or other appropriate discipline as provided in Article IX of this Chapter.
B.
The
sale, trade or delivery of illegal drugs by an employee to another
person is cause for termination and referral to law enforcement authorities.
It is the intent of the drug testing program to screen all employees
and conduct confirmatory tests for illegal drugs. These screenings
and tests may be made at the time of employment and at random intervals.
All testing will be at the City's expense.
[CC 1996 §105.890]
As a condition of employment, each applicant for employment
as a Police Officer or equipment operator may be required to submit
to a pre-employment drug and alcohol test. Either refusing to sign
a consent form or obtaining a positive drug test will exclude an applicant
from further consideration. A pre-employment drug and/or alcohol test
shall be at the expense of the applicant.
[CC 1996 §105.900]
A.
The
City may require a current employee to undergo drug and alcohol testing
if there is a reasonable suspicion that the employee is under the
influence of drugs or alcohol during working hours. Circumstances
which constitute a basis for "reasonable suspicion" may include, but
are not limited to:
1.
A pattern of abnormal or erratic behavior;
2.
Information provided by a reliable and credible source;
3.
A work-related accident;
4.
Direct observation of drug or alcohol use; or
5.
Presence of the physical symptoms of drug or alcohol use (i.e., glassy
or bloodshot eyes, liquor odor on breath, slurred speech, poor coordination
and/or reflexes).
[CC 1996 §105.910]
A.
Before
a drug and alcohol test is administered, employees and job applicants
will be asked to sign a consent form authorizing the test and permitting
release of test results to those City Officials with a need to know.
The consent form shall provide space for employees and applicants
to acknowledge that they have been notified of the City's drug testing
policy and to indicate current or recent use of prescription or over
the counter medication.
B.
The
consent form shall also set forth the following information:
[CC 1996 §105.920]
A.
Applicants. A job applicant who refuses to consent to a
drug and alcohol test will be denied employment with the City.
B.
Employees. An employee who refuses to consent to a drug
and alcohol test, when reasonable suspicion of drug or alcohol use
has been identified, is subject to disciplinary action up to and including
termination. The reason(s) for the refusal shall be considered in
determining the appropriate disciplinary action.
[CC 1996 §105.930]
A.
An
employee or job applicant whose drug test yields a positive result
shall be given a second (2nd) test using a gas chromatography mass
spectrometry (GC/MS) test. The second (2nd) test shall use a portion
of the same test sample withdrawn from the employee or applicant for
use in the first (1st) test.
B.
If
the second (2nd) test confirms the positive test result, the employee
or applicant shall be notified of the results in writing by the appropriate
department head or designee. The letter of notification shall identify
the particular substance found and its concentration level.
C.
An
employee or applicant whose second (2nd) test confirms the original
positive test result may, at the employee's or applicant's own expense,
have a third (3rd) test conducted on the same sample at a laboratory
mutually selected by the City and the employee.
[CC 1996 §105.940]
A.
Applicants. Job applicants will be denied employment with
the City if their initial positive test results have been confirmed.
Applicants shall be informed in writing if they are rejected on the
basis of a confirmed positive drug test result.
B.
Employees. If an employee's positive test result has been
confirmed, the employee is subject to disciplinary action up to and
including termination. Factors to be considered in determining the
appropriate disciplinary response include the employee's work history,
length of employment, current job performance and the existence of
past disciplinary actions.
C.
No
disciplinary action may be taken against employees who voluntarily
identify themselves as drug users, obtain counseling and rehabilitation
through the City's Employee Assistance Program and thereafter refrain
from violating the City's policy on drug and alcohol abuse.
[CC 1996 §105.950]
A.
If
an employee's positive test result has been confirmed, the employee
is entitled to a hearing before any disciplinary action may be taken
by the City. The employee must make a written request for a hearing
to his/her department head within three (3) days of receipt by the
employee of the confirmation test results. The hearing shall be conducted
by the Mayor. Employees may be represented by legal counsel, present
evidence and witnesses on their behalf and confront and cross- examine
the evidence and witnesses used against them.
B.
No
adverse personnel action may be taken against an employee based on
confirmed positive drug test results unless the Mayor finds by a preponderance
of the evidence that:
1.
The employee's supervisor had reasonable suspicion to believe that
the employee was under the influence of drugs or alcohol while on
the job; and
2.
The employee's positive drug test results are accurate.
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Within ten (10) days following the close of the hearing, the
Mayor shall issue a written decision and a brief summary of the facts
and evidence supporting that decision.
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[CC 1996 §105.960]
All information from an employee's or applicant's drug and alcohol
test is confidential and only those with a need to know are to be
informed of test results. Disclosure of test results to any other
person, agency or organization is prohibited unless written authorization
is obtained from the employee or applicant. The results of a positive
drug test shall not be released until the results are confirmed.
[CC 1996 §105.970]
A.
An
employee who has developed an addiction to, dependence upon or problem
with alcohol or drugs is encouraged to voluntarily contact the Employee
Assistance Program for assistance. The EAP is confidential in nature.
No reprisal will be taken against any employee who chooses to correct
a drug or alcohol problem through self-referral.
B.
Self-referral
to a treatment program may not be used as a defense against a subsequent
supervisory referral for a drug or alcohol test or from disciplinary
action resulting from unacceptable job performance.
[CC 1996 §105.980]
A.
All
drug and alcohol testing of employees and applicants shall be conducted
at medical facilities or laboratories selected by the City. Factors
to be considered by the City Council in selecting a testing facility
include:
1.
Testing procedures which ensure privacy to employees and applicants
consistent with prevention or tampering;
2.
Methods of analysis which ensure reliable test results including
the use of gas chromatography/ mass spectrometry to confirm positive
test results;
3.
Chain of custody procedures which ensure proper identification, labeling
and handling of test samples; and
4.
Retention and storage procedure which ensure reliable results of
confirmatory test of original samples.
[CC 1996 §105.990]
A.
All
City facilities and vehicles and all containers therein are subject
to inspection by supervisory personnel at any time.
B.
Any
personal items contained within City facilities or vehicles may be
inspected by a supervisor if there exists a reasonable suspicion that
they contain contraband items.
C.
Contraband
items include the following:
D.
The
employee who has control over the area to be searched is to be notified
prior to or at the time of the search and shall be given the opportunity
to be present during the search.
E.
The
searching supervisor shall have as a witness at least one (1) other
supervisory employee.
F.
Employees
who obstruct or attempt to prevent a search for contraband or who
refuses to allow an inspection as covered by this Section shall be
subject to disciplinary action, up to and including termination.
G.
Employees
may use personally owned locks or container to secure private property
under their control. However, the placement or use of such devices
does not extend to the employee any expectation of privacy over the
item if said item or area is within any City facility or vehicle.
