[HISTORY: Adopted by the Town Council of the Town of Belvidere 3-3-1997 by Ord. No. 97-02 (Ch. 39, Art. V, of the 1987 Code). Amendments noted where applicable.]
The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited at any Town workplace, and any employee of the Town adjudged to have violated this prohibition shall be subject to disciplinary action.
As used in this chapter, the following terms shall have the meanings indicated:
CONTRACTOR
The department, division or other unit of a person responsible for the performance under the contract.
CONTROLLED SUBSTANCE
A controlled substance in Schedules I through V of Section 812 of Title 21.[1]
CONVICTION
A finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.
CRIMINAL DRUG STATUTE
A criminal statute involving manufacture, distribution, dispensation, use or possession of any controlled substance.
DRUG-FREE WORKPLACE
A site for the performance of work done in connection with any Town function or a specific grant or contract as described in Section 701 or 702 of Title 41[2] of an entity at which employees of such entity are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in accordance with the requirements of this chapter.
EMPLOYEE
All Town employees or the employee of a grantee or contractor directly engaged in the performance of work pursuant to the provisions of the grant or contract described in Section 701 or 702 of Title 41.[3]
FEDERAL AGENCY
An agency as that term is defined in Section 552(f) of Title 5.
GRANTEE
The department, division or other unit of a person responsible for the performance under the grant.
[1]
Editor's Note: See 21 U.S.C. § 812.
[2]
Editor's Note: See now 41 U.S.C. § 8101 or 8102.
[3]
Editor's Note: See now 41 U.S.C. § 8101 or 8102.
A. 
The Town Clerk shall be responsible for establishing a drug-free awareness program to inform the employees about:
(1) 
The dangers of drug abuse in the workplace.
(2) 
The Town's policy of maintaining a drug-free workplace.
(3) 
The availability of drug counseling/rehabilitation.
(4) 
The penalties that may be imposed upon any employee for drug abuse violations.
B. 
The Town Clerk shall be responsible for establishing procedures to ensure that each employee be given a copy of this policy.
As a condition of employment, all Town employees must:
A. 
Abide by the terms of this policy.
B. 
Notify the Town of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction.
A. 
The Town Clerk shall be responsible for notifying the appropriate federal grant agencies within 10 days after receiving notice by a Town employee of any criminal drug statute conviction for a violation occurring in the workplace.
B. 
The Mayor and Council shall take disciplinary action against any employee with a criminal drug statute conviction for a violation occurring in the workplace. The Mayor and Council may require the employee's satisfactory participation in a drug abuse assistance or rehabilitation program as a part of the disciplinary action.
C. 
The Town hereby declares its intentions to maintain a drug-free workplace through the implementation of this policy.
The Town of Belvidere Policy Statement Regarding Drug-Free Workplace is as follows:
TOWN OF BELVIDERE POLICY STATEMENT
REGARDING
DRUG-FREE WORKPLACE
1.
The Town of Belvidere prohibits the unlawful manufacture, distribution, dispensing, possession or use of any controlled dangerous substance by any person in any public building, on public grounds or during any activity or event sponsored by the Town.
2.
Every employee of the Town must, as a condition of initial or continued employment, agree to be bound by this policy. An employee who violates the prohibitions or reporting requirements of this policy will be subject to discipline, which may include dismissal, or certification of tenure charges, as appropriate. An employee whose involvement with drugs results in a conviction for a crime of the third degree or above or for an offense touching his or her position will be deemed to have forfeited his or her public employment pursuant to N.J.S.A. 2C:51-2.
3.
An employee who is convicted of a drug-related offense must report the conviction to the Clerk within five days of its occurrence. The Clerk will, within 10 days of the date on which notice of the conviction is received, report any such conviction resulting from drug use in the workplace to any federal agency from which the Town has received funds through a grant.
4.
The Town shall take one of the following actions, within 30 calendar days of receiving notice under Paragraph 3 above, with respect to any employee who is so convicted:
A.
Taking appropriate personnel action against such an employee, up to and including termination; or
B.
Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency.
5.
The Mayor and Council direct the Clerk to establish and maintain a program to:
A.
Alert employees as to the dangers of drug abuse in the workplace;
B.
Inform employees of the prohibitions against drugs set forth in this policy;
C.
Inform employees of available drug counseling, rehabilitation and assistance programs; and
D.
Warn employees of the penalties that may be imposed for violations of prohibitions set forth in this policy.
6.
The Clerk will report to law enforcement officials and prosecute as appropriate any employee or visitor who violates the prohibitions of this policy.
7.
This policy will be distributed to each employee, including all those engaged in the performance of services under a federal grant, and will be prominently posted in the various workplaces of the Town.