[CC 1996 §130.680; Ord. No. 1030 §1, 12-8-1997]
A.
Employee Conduct — Generally.
1.
It shall be the duty of all employees to maintain high standards
of conduct, cooperation, efficiency and economy in their work for
the City. The City Administrator, department heads and supervisors
shall organize and direct the work of their units in a manner calculated
to achieve these objectives.
2.
Whenever conduct of an employee falls below a desirable standard,
supervisors shall point out the deficiencies at the time they are
observed. Corrections and suggestions should be made in a constructive
and helpful manner in an effort to elicit the cooperation and good
will of the employee.
3.
Any action which reflects discredit upon the municipal service or
is a direct hindrance to the effective performance of the municipal
government functions shall be considered cause for disciplinary action
against any officer or employee of the City of Bowling Green. Circumstances
constituting cause for disciplinary action are listed below as major
and minor infractions, although charges may be based upon cause and
complaints other than those listed.
4.
Employees who are assigned to duty which may require them to engage
in an activity which is prohibited by the rules set forth below are
exempt from discipline for those specific actions which would otherwise
be considered cause for discipline.
B.
Major Infractions. Where an employee's conduct is of a serious,
extreme or outrageous nature, the employee may be discharged without
reference to prior employment history or other circumstances. Examples
of conduct which could result in discharge include:
1.
Dishonesty, including, but not limited to, theft of City property
or the property of others, fraudulent statements concerning medical
records and falsification of time records, falsification of City records
or documents used by the City.
2.
Possessing on City property or on City time any controlled substance,
including, but not limited to, alcohol, marijuana, cocaine, stimulants,
depressants, narcotics, hallucinogens, prescription drugs not properly
prescribed or not for a bona fide medical use, so called "lookalike"
drugs and drug paraphernalia.
3.
To engage in work under the influence of any controlled substance
on City premises or on City time.
4.
To engage in work when that employee has unacceptable levels of a
legal substance (such as alcohol) or any levels of an illegal substance
as determined by proper screening and testing.
5.
To engage in any negotiation, barter or agreement regarding the sale
or purchase of any illegal substance on City premises and on City
time. This is to include any telephonic negotiations, barter or agreement
regarding the sale or purchase of an illegal drug.
6.
Conviction by a court of competent jurisdiction for the use, possession,
sale of, purchase of or trafficking in illegal substances. Conviction
includes adjudication by pleas of guilty or no contest.
7.
Possession of explosives, firearms and/or other weapons on City property
(unless warranted by job duty, such as Police).
8.
Deliberate restriction of productivity.
9.
Fighting, assault or threatening or inciting physical assault on
another person.
10.
Willful conduct, carelessness, gross negligence or horseplay resulting
in serious injury or damage.
11.
Insubordination, including the refusal to follow a direct order,
to perform assigned work or to encourage others to do either or willfully
showing disrespect to management personnel, visitors, citizens or
fellow employees.
12.
Promotion of organized gambling, money lending schemes, etc.
13.
Health or safety violations which do or could cause serious loss
or injury.
14.
Violations of law which affect the City.
15.
Any action which constitutes discrimination or harassment due to
sex, race, religion, handicap, national origin or membership in any
other protected class.
16.
Acceptance of any payments, gifts or other form of remuneration in
return for favorable treatment of any co-employee, member of the public,
vendor or any other person doing business with the City or refusal
of services or cooperation because no such transaction has been made.
17.
Any employee who receives three (3) written warnings in his/her file
within a twelve (12) month period for any single reason(s) or different
reasons may be terminated.
18.
Any other violation, conduct or pattern of conduct which, in the
judgment of the City, warrants immediate discharge.
C.
Minor Infractions. Where conduct by an employee is of such
a nature that discharge for that conduct alone is usually not warranted.
Repeated violations after warning or a cumulative history of violations
or special circumstances will subject an employee to discharge. Depending
on the circumstances of each individual case, the discipline warranted
may be up to and including discharge. Examples of such conduct are:
1.
Substandard work.
2.
Negligence or carelessness resulting in minor injury or damage.
3.
Failure to follow work instructions.
4.
Immoral conduct or indecency including the repeated use of vulgar,
obscene or abusive language.
5.
Loafing or loitering on the premises.
6.
Absenteeism, including tardiness and leaving early.
7.
Absence from job without permission, including, but not limited to,
leaving the City during any paid break period.
8.
Health and safety violations, including a failure to report an on-the-job
injury to your immediate supervisor before leaving the City.
9.
Unauthorized solicitations or collections on the job.
10.
Failure to follow established procedures.
11.
Gambling.
12.
Any act which indicates an employee's lack of cooperation or willingness
to work, including a violation of departmental and other rules and
regulations.
13.
Any other act which warrants discipline.
[CC 1996 §130.690; Ord. No. 1030 §1, 12-8-1997]
Two (2) members of an immediate family shall not be employed
under the same supervisor; neither shall two (2) members of an immediate
family be employed at the same time, regardless of the administrative
department, if such employment will result in an employee supervising
a member of his/her immediate family. "Immediate family" is defined as wife, husband, mother, father, brother, sister, son,
daughter, mother-in-law, father-in-law, son-in-law, daughter-in-law,
grandparents, grandchildren, stepmother, stepfather, brother-in-law,
sister-in-law, uncle and aunt. The position of Police Dispatcher for
the City may be an exception and a member of the immediate family
may be so employed as a Police Dispatcher at the discretion of the
Board of Aldermen.
[CC 1996 §130.700; Ord. No. 1030 §1, 12-8-1997]
A.
City
employees shall not be appointed or retained on the basis of their
political activity. City employees shall not be coerced to take part
in political campaigns, to solicit votes, to levy, contribute or solicit
funds or support for the purpose of supporting or opposing the appointment
or election of candidates for any municipal office.
B.
No
City employee shall actively advocate or oppose the candidacy of any
individual for nomination or election to any municipal office. Employees
are expected to exercise their right to vote in municipal elections,
but shall not engage in or participate in any other way in any municipal
election.
C.
All
political activity of employees (direct or indirect) shall be done
during non-duty hours outside of City operations and City uniforms
may not be worn during such activities.
D.
Employees
seeking election to City office must request and will be granted an
unpaid leave of absence from the date of filing candidate petitions
through the election and, if elected, will be required to resign as
a City employee.
[CC 1996 §130.710; Ord. No. 1030 §1, 12-8-1997]
Employees who create records of the City are required to place
the records in the custody of the City. Any employee who fails to
turn over such records to the City Clerk upon demand may be subject
to immediate discharge. An employee, upon leaving the service of the
City, who retains such records is guilty of a misdemeanor and may
be prosecuted in the Municipal Court.
[CC 1996 §130.720; Ord. No. 1030 §1, 12-8-1997]
A.
No
full-time employee of the City shall accept outside employment, wither
part-time, temporary or permanent, without prior written approval
from the Mayor and City Administrator. Each change in outside employment
shall require separate approval. Approval shall not be granted when
such outside employment conflicts or interferes or is likely to conflict
or interfere with the employee's municipal service. Such approval,
however, shall not be arbitrarily withheld. Employees may not engage
in any private business or activity while on duty. No employee shall
engage in or accept private employment or render any service for private
interest when such employment or service is incompatible or creates
a conflict of interest with his/her official duties.
B.
No
officer or employee of the City shall have a financial interest, direct
or indirect, in any contract with the City or be financially interested,
directly or indirectly, in the sale to the City of land, materials,
supplies or services.
C.
City
employees shall not engage in any employment activity or enterprise
which is incompatible or in conflict with his/her duties as a City
employee or with the duties, functions and responsibilities of the
department in which he/she is employed or which is contrary to applicable
State law.
D.
The
following activities, said listing not to be construed as comprehensive,
shall be considered incompatible or in conflict with City employment:
1.
Any activity or enterprise which uses, for private gain or advantage,
the City's name, time, facilities, equipment or supplies.
2.
Any activity which involves the receipt or acceptance by the employee
of any money or other consideration from anyone other than the City
for the performance of an act which the employee is required or could
reasonably be expected to render in the regular course of his/her
City employment or as a part of his/her duties as a City employee.
3.
Any activity which may be subject at any time, directly or indirectly,
to the control, inspection, review, audit or enforcement by the department
in which he/she is employed.
4.
Any activity which involves so much of the employee's time that it
impairs his/her attendance or efficiency in the performance of his/her
duties as a City employee.
5.
Any activity which may result in a City employee using his/her position
of employment with the City to coerce or influence another for personal
gain.
6.
Acceptance of gifts or gratuities by employees for personal use for
actions relating to one's employment with the City shall be cause
for immediate dismissal or suspension.
7.
The release of confidential information regarding the City, its citizens,
employees or activities for monetary gain or other favorable treatment
is prohibited.
[Ord. No. 1926, 9-13-2021; Ord.
No. 1981, 8-21-2023]
A.
Declaration
Of Policy. The proper operation of government requires that public
officials and employees be independent, impartial and responsible
to the people; that government decisions and policy be made in the
proper channels of the governmental structure; that public office
not be used for personal gain; and that the public have confidence
in the integrity of its government. In recognition of these goals,
there is hereby established a procedure for disclosure by certain
officials and employees of private financial or other interests in
matters affecting the political subdivision.
B.
Conflicts
Of Interest.
1.
All elected and appointed officials as well as employees of a political
subdivision must comply with conflict of interest Statutes under Chapter
105, RSMo., as well as any other State law governing official conduct.
2.
Any member of the governing body of a political subdivision who has
a "substantial personal or private interest" in any measure, bill,
order or ordinance proposed or pending before such governing body
must disclose that interest to the secretary or clerk of such body
and such disclosure shall be recorded in the appropriate journal of
the governing body. "Substantial personal or private interest" is defined as ownership by the individual, his/her spouse, or his/her
dependent children, whether singularly or collectively, directly or
indirectly of:
a.
Ten percent (10%) or more of any business entity;
b.
An interest having a value of ten thousand dollars ($10,000.00) or
more; or
c.
The receipt of a salary, gratuity, or other compensation or remuneration
of five thousand dollars ($5,000.00) or more, per year from any individual,
partnership, organization, or association within any calendar year.
C.
Disclosure
Reports. Each elected official, candidate for elective office, the
Chief Administrative Officer; the Chief Purchasing Officer, and the
full-time general counsel shall disclose the following information
by May 1, or the appropriate deadline as referenced in Section 105.487,
RSMo., if any such transactions occurred during the previous calendar
year:
1.
For such person, and all persons within the first degree of consanguinity
or affinity of such person, the date and the identities of the parties
to each transaction: with a total value in excess of five hundred
dollars ($500.00), if any, that such person had with the political
subdivision, other than compensation received as an employee or payment
of any tax, fee or penalty due to the political subdivision; and other
than transfers for no consideration to the political subdivision.
2.
The date and the identities of the parties to each transaction known
to the person with a total value in excess of five hundred dollars
($500.00), if any, that any business entity in which such person had
a substantial interest, had with the political subdivision, other
than payment of any tax, fee or penalty due to the political subdivision
or transactions involving payment for providing utility service to
the political subdivision, and other than transfers for no consideration
to the political subdivision.
3.
The Chief Administrative Officer, Chief Purchasing Officer, and candidates
for either of these positions also shall disclose by May 1, or the
appropriate deadline as referenced in Section 105.487, RSMo., the
following information for the previous calendar year:
a.
The name and address of each of the employers of such person from
whom income of one thousand dollars ($1,000.00) or more was received
during the year covered by the statement;
b.
The name and address of each sole proprietorship that he/she owned;
the name address and the general nature of the business conducted
of each general partnership and joint venture in which he/she was
a partner or participant; the name and address of each partner or
coparticipant for each partnership or joint venture unless such names
and addresses are filed by the partnership or joint venture with the
Secretary of State; the name, address and general nature of the business
conducted of any closely held corporation or limited partnership in
which the person owned ten percent (10%) or more of any class of the
outstanding stock or limited partnership units; and the name of any
publicly traded corporation or limited partnership that is listed
on a regulated stock exchange or automated quotation system in which
the person owned two percent (2%) or more of any class or outstanding
stock, limited partnership units or other equity interests;
c.
The name and address of each corporation for which such person served
in the capacity of a director, officer, or receiver.
D.
Filing
Of Reports.
1.
The financial interest statements shall be filed at the following
times, but no person is required to file more than one (1) financial
interest statement in any calendar year;
a.
Every person required to file a financial interest statement shall
file the statement annually not later than May 1 and the statement
shall cover the calendar year ending the immediately preceding December
31; provided, that any member of the Board may supplement the financial
interest statement to report additional interests acquired after December
31 of the covered year until the date of filing of the financial interest
statement.
b.
Each person appointed to office shall file the statement within thirty
(30) days of such appointment or employment covering the calendar
year ending the previous December 31.
c.
Every candidate required to file a personal financial disclosure
statement shall file no later than fourteen (14) days after the close
of filing at which the candidate seeks nomination or election or nomination
by caucus. The time period of this statement shall cover the twelve
(12) months prior to the closing date of filing for candidacy.
E.
Filing
Of Ordinance. A certified copy of the ordinance/Section, adopted prior
to September 15th shall be sent within ten (10) days of its adoption
to the Missouri Ethics Commission.
[CC 1996 §130.730; Ord. No. 1030 §1, 12-8-1997]
If employees are required to use their own tools or equipment
to carry out the duties of their job, the City will reimburse employees
for damage or loss of their tools or equipment as determined by the
department head. The City will reimburse the employee for the repair
or replacement of such items(s), provided the incident and the amount
of the loss or damage is promptly reported to the department head
who shall determine whether or not the loss or damage occurred in
the course of the employee's duties while the employee was exercising
reasonable care and caution under the circumstances. In the event
that the loss or damage is determined not to be in the course of employment
or is found to be due to the employee's negligence or as a result
of ordinary wear, no reimbursement or repair shall be made. The employee
shall, when applicable, pursue restitution and any amount recovered
will be signed over to the City up to the amount the City paid to
the employee.
[CC 1996 §130.740; Ord. No. 1030 §1, 12-8-1997]
Employees will be allowed access to tools and equipment necessary
for the completion of any job assigned by their supervisor. If an
employee has any questions with respect to the use or operation of
a tool or piece of equipment, the employee should not proceed until
that questions is answered. If a tool or piece of equipment is lost,
damaged or destroyed through neglect, misuse, carelessness or the
failure to follow reasonable instructions as to use, the employee
responsible will be expected to reimburse the City.
[CC 1996 §130.750; Ord. No. 1030 §1, 12-8-1997]
Generally, no personal telephone calls should be placed or received
by employees during working hours. Messages will be taken for employees
and relayed to them. Employees should discourage calls being made
to them except in important circumstances, emergency situations or
in cases of making brief, periodic calls to check on the well-being
of dependents.
[CC 1996 §130.760; Ord. No. 1030 §1, 12-8-1997]
A.
The
City Administrator and department heads shall make every effort to
promote among employees and in the departments maximum standards of
safety. All employees shall be responsible for performing work assignments
in the safest manner possible. Prime consideration shall always be
given to safety in all work situations.
B.
Supervisors
and department heads shall:
1.
Be responsible for the establishment and implementation of appropriate
safety standards within their respective activity areas, for periodically
reviewing accident frequencies to determine the correct cause and
for identifying and correcting safety hazards.
2.
Ensure that all new employees, including seasonal, temporary and/or
part-time employees, are thoroughly advised, instructed and supervised
in necessary safety policies, practices and procedures.
3.
Implement and actively support the City's safety program.
4.
Arrange and conduct safety meetings, inspections and training sessions.
5.
Provide and/or require equipment necessary to adequately protect
the health and safety of employees.
6.
Immediately investigate accidents and prepare all necessary forms
for documentation and future prevention of on-the-job injuries and
hazardous conditions.
C.
All
employees shall:
1.
Be thoroughly familiar with safety requirements and practices applicable
to their respective work assignments.
2.
Actively observe safety practices and report unsafe or potentially
dangerous conditions and accidents or injuries to their supervisor
immediately.
3.
Refrain from engaging in horseplay, wrestling, hazing of co-workers
and any other unsafe practice under penalty of disciplinary action
up to and including dismissal.
4.
Report injuries on the job to your supervisor.
[CC 1996 §130.770; Ord. No. 1030 §1, 12-8-1997; Ord. No. 1150 §I, 6-5-2000]
A.
Policy.
1.
It is the policy of the City of Bowling Green, Missouri, to provide
safe, dependable and economical services to its citizens and to provide
safe working conditions for its employees and to comply with the requirements
of Federal law and regulations related to the Drug Free Work Place
Act of 1988 and the Omnibus Transportation Employee Testing Act of
1991. It is also the policy of the City of Bowling Green, Missouri,
to provide healthy, satisfying working environments for its employees.
2.
To meet these goals, it is the policy of the City of Bowling Green,
Missouri, to insure that its employees are not impaired in their ability
to perform assigned duties in a safe, productive and healthy manner;
to create a workplace environment free from the adverse effects of
alcohol and controlled substances abuse or misuse; to prohibit the
unlawful manufacture, distribution, dispensing, possession or use
of alcohol and controlled substances; and to encourage employees to
seek professional assistance when personal problems, including alcohol
and controlled substance dependency, adversely affect their ability
to perform assigned duties.
B.
Purpose. The purpose of this policy is to assure worker
fitness for duty and to protect employees and the public from the
risks posed by the use of alcohol and controlled substances. It is
also the purpose of this policy to comply with all applicable Federal
and State regulations governing workplace alcohol and urine drug testing
and breathalyzer alcohol tests for safety-sensitive positions and
prevent performance of safety-sensitive functions when there is a
positive test result. The Federal law also establishes standards for
collection and testing of urine and breath specimens, thereporting
of certain drug-related offenses, protective measures for certain
employees tested, for the preservation of confidentiality and for
certain reporting.
C.
Applicability. This policy applies to all safety-sensitive
employees who perform safety-sensitive functions as these persons
and activities are defined in the Omnibus Transportation Employee
Testing Act and its implementing regulations, including, but not limited
to, persons who are required to possess a CDL license for the operation
of a commercial vehicle; and all law enforcement, emergency services
personnel and other safety-sensitive positions in the jurisdiction.
D.
COMMERCIAL VEHICLE
DELAY
Definitions. For the purposes of this Section, the following
terms shall be deemed to have the meaning indicated below:
As defined in the Statutes requiring commercial driver's
license.
Any failure to immediately report to the test site to participate
in the required testing under this policy.
E.
Policy Administrator.
1.
Unless otherwise designated by the Board of Aldermen in writing,
the City Administrator shall be designated as the controlled substance
and alcohol policy administrator for the City. Any inquiries concerning
this policy, its application, its administration or its interpretation
shall be made to the policy administrator.
2.
The City Administrator shall designate a position to be identified
to the public and to employees whose incumbent is the primary person
responsible for implementation and administration of this policy under
the supervision of the City, if the person is not the chief administrator
of the jurisdiction.
3.
The policy administrator shall develop and maintain a current list
of the positions that are governed by this policy. The list shall
be available for inspection in the City Hall offices of the City.
Individuals who are applying for positions with the City and affected
employees shall be notified of the positions that are covered by this
policy.
4.
The policy administrator shall develop all forms necessary to carry
out the provisions of this policy, unless the forms are provided under
the Federal regulations. The forms shall be provided to appropriate
persons who are responsible for the implementation and management
of this policy.
F.
Alcohol And Controlled Substances Prohibitions.
1.
An employee is prohibited from the operation of a commercial motor
vehicle and/or from engaging in any work-related functions for alcohol-related
conduct:
a.
While consuming alcohol;
b.
While having a blood alcohol concentration of two-hundredths (0.02)
or greater;
c.
Within eight (8) hours of consuming alcohol;
d.
After refusing to submit to an alcohol test; and
e.
From consuming alcohol within eight (8) hours after an accident as
specified in this policy.
2.
An employee is prohibited from the unauthorized use of a controlled
substance at any time, whether on or off duty.
3.
An employee is prohibited from the unauthorized possession of alcohol
while on duty and of controlled substances at any time, whether on
or off duty.
4.
Any employee convicted of illegal conduct related to controlled substances
or alcohol or who fails to report such a conviction to the policy
administrator shall be subject to immediate termination from service.
5.
Any employee whose job performance requires the possession of a valid
CDL and who loses the CDL for a violation of or as a consequence of
the law shall be subject to disciplinary action up to and including
termination from service. The employee shall notify the policy administrator
and the employee's immediate supervisor of the loss of the CDL. Failure
to notify the policy administrator of the loss of the CDL shall result
in immediate termination from service.
6.
Any employee who is consuming a prescribed or authorized controlled
substance or other substance of any kind whose side effects may inhibit
or impair the employee's performance shall provide written notice
to the policy administrator of such consumption upon reporting to
work and prior to engaging in any work-related activity or earlier
if possible. Failure to report shall be cause for disciplinary action
up to and including termination from service.
G.
Controlled Substance And Alcohol Testing Provisions. Employees
subject to this policy shall be subject to controlled substances and
alcohol testing, including the following types of tests: Pre-employment
testing, random testing (except as provided herein), reasonable suspicion
testing, post-accident testing, return to work testing and follow-up
testing to rehabilitation programs.
1.
Pre-employment testing. Pre-employment urine testing
shall be required of all applicants for positions covered by this
policy as a condition of the application procedure. Future employment
as defined shall be considered as if the application was for original
entry into service for purposes of this policy. Receipt of satisfactory
test results is required prior to commencement of employment and/or
engaging in safety-sensitive functions and the failure of a controlled
substance or alcohol test disqualifies an applicant from appointment
to employment for a period of at least one hundred twenty (120) days.
Evidence of the absence of controlled substances or alcohol dependency
from a substance abuse professional (SAP) and negative controlled
substance and alcohol tests shall be required prior to further consideration
for any employment, including reports from prior employers by an employee's
written authorization.
2.
Reasonable suspicion testing.
a.
Reasonable suspicion testing shall be used to determine fitness for
duty evaluations, including appropriate urine and/or breath testing,
when there are objective observable reasons to believe that a controlled
substance or alcohol use is adversely affecting an employee's job
performance or that the employee has violated this policy. Reasonable
suspicion referral for testing shall be made on the basis of documented
objective facts and circumstances which are consistent with the effects
of substance personnel who are trained to detect the signs and symptoms
of controlled substance and alcohol use and who may reasonably conclude
that an employee may be adversely affected or impaired in the employee's
work performance due to the use of the controlled substance or alcohol.
The observing supervisor or manager, whether or not the person is
the employee's immediate supervisor, is required to complete the appropriate
required documentation concurrently with the observation and consideration
to impose reasonable suspicion testing.
b.
Reasonable suspicion testing shall be required and completed whenever
possible within two (2) hours of the observation, but in any case
no later than before eight (8) hours after the observation for breath
alcohol testing and thirty-two (32) hours for controlled substance
testing.
3.
Post-accident testing.
a.
Post-accident testing shall be required to test employees after a
vehicular accident has occurred in which a fatality has occurred or
when a traffic citation is issued after an accident or testing may
be required where injury to a person requires transport to a medical
treatment facility or disabling damage to one (1) or more vehicles
requires towing from the accident site to occur. Testing shall include
both breath alcohol and urine drug testing of the employee(s).
b.
Post-accident testing shall be required and completed whenever possible
within two (2) hours of the accident occurrence, but in any case no
later than before eight (8) hours after the accident for breath alcohol
testing and thirty-two (32) hours for controlled substance testing.
An employee involved in an accident shall refrain from alcohol consumption
for eight (8) hours following the accident.
4.
Random testing. Random testing shall be conducted
on all persons covered by this policy. Random testing shall be unannounced
and conducted with unpredictable frequency throughout the year using
an established scientifically based selection method. Testing shall
be conducted whenever and as ordered by appropriate supervisory personnel,
but no less frequently than required by Federal law and regulations
and in such numbers as is minimally determined under the regulations.
5.
Return to work testing. Return to work urine drug
and alcohol testing for all employees covered by this policy shall
be required for all employees who previously tested positive on a
controlled substance or alcohol test. To return to work, the employee
must test negative and be evaluated and released to return to work
by a SAP before being permitted to return to work.
6.
Follow-up testing.
a.
Follow-up testing of employees returning to work shall be required
for employees to submit to frequent unannounced random urine drug
and breath alcohol testing for at least six (6) times in the following
twelve (12) months after return to work, which random testing may
be continued for a period of up to sixty (60) months from the employee's
return to work date.
b.
Any employee who questions the results of a required urine drug test
under this policy may request that an additional test be conducted.
The test must be conducted on a split sample that was provided at
the same time as the original sample and the test analysis shall be
conducted at a different qualified laboratory than where the original
test was conducted. All costs for employee-requested testing shall
be paid by the employee unless the second (2nd) test invalidates the
original test. An employee's request for a retest must be made to
the Medical Review Officer (MRO) within seventy-two (72) hours of
the notice to the employee of the initial test result. Requests made
after the seventy-two (72) hour limit will only be accepted if the
delay was due to documentable facts that were beyond the control of
the employee.
c.
The method of collecting, storing and testing the split sample required
under this policy shall be consistent with the procedures established
in 49 CFR Part 40.
7.
Failure to test.
a.
Any employee who fails to submit to the required testing under this
policy is considered to have tested positive and shall be subject
to all of the consequences that flow related to positive testing.
b.
Any employee ordered to test shall report immediately to the test
site upon being ordered to submit to testing. No delay of any type
may be granted or taken. Delay in reporting by the employee shall
be treated as a refusal to test and shall subject the employee to
all of the consequences that flow related to positive testing. Failure
to provide a sufficient sample or for providing an adulterated sample
shall be considered as a refusal to test and shall subject the employee
to all of the consequences that flow.
H.
Testing Controls.
1.
Alcohol.
a.
Federal regulations require breath testing to be done on evidential
breath testing devices approved by the National Highway Safety Administration.
An initial screening test is conducted first (1st). Any result that
is less than two-hundredths (0.02) blood alcohol concentration is
considered negative. If the blood alcohol concentration is two-hundredths
(0.02) or greater, a second (2nd) confirmatory test must be conducted.
Any employee who tests with a blood alcohol concentration of two-hundredths
(0.02) or greater shall be removed from service for at least twenty-four
(24) hours.
b.
Any employee who is found to have engaged in prohibited alcohol conduct
under this policy shall be immediately removed from work-related activity;
and the employee shall not be permitted to resume work until the employee
is:
2.
Controlled substances.
a.
Controlled substance testing is conducted by analyzing an employee's
urine specimen performed at a laboratory certified and monitored by
the U.S. Department of Health and Human Services for the following
controlled substances:
b.
The testing for controlled substances is a two (2) stage process.
First (1st) a screening test is conducted. If the test is positive
for one (1) or more of the controlled substances, a confirmatory test
is conducted for each identified controlled substance. The confirmatory
test is a gas chromatography/mass spectrometry (GC/MS) analysis.
c.
Any employee who tests positive on the confirmatory test shall be
interviewed by the City Medical Review Officer (MRO). The employee
shall be immediately removed from work-related activity; and the employee
shall not be permitted to resume work until the employee is:
I.
Employment Assessment.
1.
An employee who tests positive for the presence of controlled substances
or alcohol above the minimum thresholds set forth in the Federal regulations
shall be evaluated by a SAP. The SAP shall evaluate such employee
who tests positive to determine what assistance, if any, the employee
needs in resolving problems associated with the controlled substance
or alcohol.
2.
Assessment by a SAP does not protect an employee from disciplinary
action or guarantee continued employment or reinstatement by the City.
The City disciplinary policy provides guidance to the discipline that
may be imposed, unless otherwise stated in this policy.
J.
Rehabilitation Effort.
1.
Any employee who is determined to be in need of assistance for a
controlled substance or alcohol-related problem under this policy
by the SAP may be permitted to enter into a rehabilitation plan approved
by the City; provided the employee agrees to adhere to the terms of
the rehabilitation contract with the City.
2.
Rehabilitation assistance may only be granted to an employee once
while employed by the City. Failure to complete the rehabilitation
assistance plan or to adhere to the rehabilitation contract shall
be considered a resignation by the employee from employment with the
City.
3.
The rehabilitation contract shall include the following terms and
conditions to be adhered to by the employee who is granted rehabilitation
assistance:
a.
The employee shall agree to undertake and successfully complete the
rehabilitation assistance plan established for the employee by the
SAP or by a rehabilitation professional accepted by the City;
b.
The employee agrees to refrain from any violation of this policy
and the use of controlled substances and alcohol consistent with the
plan of rehabilitation and this policy;
c.
The employee provides a release of all medical records for use and
review by the City relating to the rehabilitation assistance plan
for the assistance undertaken and compliance;
d.
The employee agrees to unannounced random testing for City determined
periods of time subsequent to the employee's return to work consistent
with this policy;
e.
The employee agrees to submit to return to work testing demonstrating
that the employee is negative under controlled substance and/or alcohol
testing standards; and
f.
The employee agrees that any future controlled substance or alcohol
violations shall be considered as a resignation of the employee from
service without recourse.
K.
Contractual Support Professionals.
1.
The City shall secure a contract with an appropriately certified
testing laboratory to conduct the controlled substance testing analysis
and reporting required under this policy and under the Federal regulations
in conformity with the standards established under the Federal regulations.
The City may contract for the required alcohol testing or may perform
the testing using qualified City personnel who utilize appropriate
testing equipment.
2.
The City shall engage the services of an independent contractor to
serve the City as the MRO properly credentialed and trained in compliance
with the Federal regulations, who shall not be an employee of the
City. The MRO shall, as a part of the engagement contract, maintain
all relevant records and provide the required reports that the City
needs to comply with the Federal reporting requirements.
3.
The City shall appoint a SAP for the providing of services under
this policy and in compliance with the Federal regulations.
L.
Education And Training.
1.
The City shall provide all employees with a copy of this policy and
materials related to the effects of the use and/or abuse of alcohol
and controlled substances. The City shall also provide information
to employees regarding treatment and rehabilitation available. Employees
shall be required to confirm receipt of this policy and any revisions
and of the educational materials in writing noting the date of receipt
and acknowledgment by signature witnessed by the supervisor providing
the materials.
2.
The City shall develop and provide training for all supervisors and
managers who are responsible for the administration and enforcement
of this policy. The training, at a minimum, shall include at least
sixty (60) minutes of program on the physical and behavioral effects
on personal health, safety and on the work environment and performance
indicators on the effects of alcohol use and abuse, the side effects
of abuse and the consequences of prohibited work-related activity
involving alcohol consumption. The training shall include an overview
of this policy and its implementation and application to employees.
The training, at a minimum, shall include at least sixty (60) minutes
of program on the physical and behavioral effects on personal health,
safety and on the work environment and performance indicators of controlled
substances use and abuse, the side effects of controlled substance
abuse and the consequences of prohibited activity involving controlled
substances. Training shall also include a component related to objective
observation for reasonable suspicion testing, documentation and record
keeping. The training may include other components that the policy
administrator, the MRO and/or the SAP believe can enhance the program
administration and awareness of problems and treatment related to
alcohol and controlled substance abuse. The training may also provide
components related to City sponsored or supported referral programs
and employee assistance efforts that are sanctioned to deal with alcohol
and controlled substance use and abuse problems.
M.
Confidentiality.
1.
All records developed and/or acquired pursuant to this policy shall
be maintained under strict confidentiality by the City, the testing
laboratory, the MRO and the SAP, when and as applicable. The records
shall be maintained separately from other personnel records kept by
the City and shall be kept in a secured location with other medical
records. Materials shall not be released to others without the written
consent of the affected employee, except under provisions provided
in the Federal regulations, as needed with regard to the rehabilitation
contract, in litigation or quasi-judicial and administrative proceedings
related to positive test results and/or to matters initiated by an
employee.
2.
Any person who breaches the confidentiality provisions of this policy
shall be subject to immediate termination from employment and/or from
any contractual relationship with the City without recourse.
N.
Disciplinary Issues.
1.
Unless otherwise specified in this policy, the City policies related
to disciplinary action shall be followed when imposing discipline
for violation of this policy.
2.
The acceptance by an employee of the rehabilitation assistance plan
and contract does not serve as a bar to imposing disciplinary action
related to violations of this policy.
3.
Any supervisor or manager who knowingly permits an employee to violate
this policy or engage in work activity while consuming alcohol or
a controlled substance or fails to enforce this policy shall be subject
to immediate termination from employment.
4.
This policy does not displace any other penalties that may be imposed
or be incurred as a result of violation of City policy or State and
Federal laws or as provided in the Workers' Compensation laws.
O.
Coordination With Other Laws And Policies.
1.
This policy shall be administered in compliance with other Federal,
State and local laws related to employee health and welfare policies,
leave policies, benefit programs and other related policies of the
City. In the case of apparent conflicts between this policy, other
policies and applicable laws, the policy administrator shall make
the appropriate rulings to resolve the potential conflicts, whenever
possible.
2.
In the event that any part of this policy is judicially determined
to be in conflict with any law or to be in violation of any law or
is rendered ineffective because of some State or Federal legislative
enactment, that part(s) shall be void, but the remainder of the policy
shall remain in effect. Parts that are void or voided shall be replaced
as soon as possible so as to maintain the full effect of this policy
and/or to bring it into compliance with relevant laws.
P.
Notification For Federal Grants. Every employee engaged
in the performance of any work connected with a Federal grant shall
be provided with a copy of the following:
"As an employee engaged in the performance of any work for the
City of Bowling Green, Missouri, you are hereby provided a copy of
the City's drug-free workplace policy (attached). As a condition of
the law, you are required to abide by the terms of the policy. Further,
you must notify the City of Bowling Green, Missouri, in writing of
any criminal drug statute conviction for a violation occurring in
the workplace no later than five (5) days after such conviction.
Within thirty (30) days of receiving such notice, the City of
Bowling Green, Missouri, will take personnel action or require mandatory
rehabilitation program participation at its sole discretion."
[CC 1996 §130.780; Ord. No. 1030 §1, 12-8-1997]
A.
As
used herein, the word "employee" shall include all
officers, employees, agents or any other person while conducting business
of the City of Bowling Green who can, for any purpose, be considered
an employee or a statutory employee of said City for purposes of the
Workers' Compensation law of the State of Missouri. All such persons
shall comply with the following safe work habit practices.
B.
As
used herein, "official business of the City" shall
include all activities required of the employee to fulfill the duties
of employment and which are within the scope and course of such employment.
C.
Seat Belts. The City of Bowling Green, Missouri, does hereby
require that each of its employees, while on official business of
the City and either operating or occupying a motor vehicle equipped
with safety belts or otherwise required by Federal regulations to
have safety belts, to have an occupant safety belt properly fastened
at all times when the vehicle is in motion.
D.
Motorcycle Helmets. Head protection meeting the requirements
of 49 CFR 571.218 "Federal Motor Vehicle Safety Standard No. 218,
Motorcycle Helmets" shall be worn by all City employees on official
business while the motorcycle they are operating or occupying is in
motion.
E.
Training. The City shall annually conduct a driver safety
awareness training program for all new employees and for each employee
who routinely might be expected to use a particular class of motor
vehicles as part of that employee's official work assignments. Such
driver training shall include, as a minimum, topics addressing vehicle
familiarization, including the use of vehicle safety systems; the
use of safety belts and, where appropriate, the use of motorcycle
helmets; and the effects of alcohol and drugs on driver performance.
Employees shall be required annually to sign a statement indicating
they are aware of the City's policies regarding safety equipment and
drug and alcohol use.
F.
Penalties. Any employee failing to use a seat belt or motorcycle
helmet when appropriate shall face any of the following penalties,
generally progressing from one to the next unless circumstances, in
the opinion of the City Administrator, warrant more severe punishment.
However, at any time when, in the opinion of the City Administrator,
progression and penalty is not warranted, the City Administrator may
order the imposition of a repeat of an earlier penalty.
G.
Officers And Volunteers. The foregoing policies relating
to City employees are applicable to all City Officers, including elected
officials, and to all compensated and uncompensated volunteers working
for the City, including volunteer Firemen, special, auxiliary or part-time
Police Officers or any other person performing services for the City
in any capacity. Except that in the case of elected officials, no
penalties may be imposed without prior consent of the Board of Aldermen,
to whom the City Administrator shall recommend any such penalty.
