[1973 Code § 3-1.1]
This section establishes a uniform policy and procedure for the screening and testing of all sworn and civilian personnel of the Borough of Roseland in order to control their unauthorized use of drugs and alcohol.
[1973 Code § 3-1.2]
This policy is to be used in conjunction with existing policies, rules and regulations governing the general conduct, duties and responsibilities of Borough personnel. This policy takes cognizance of the rights inherent in each employee of the Borough under the Constitution of the United States of America and the Constitution of the State of New Jersey.
This policy is established to help combat the national epidemic in the trafficking and illicit use of drugs and the abusive use of alcohol. It is adopted to rationally foster the efficient operation of the Borough and to establish a reasonable and uniform system by which the Borough can monitor its employees for unauthorized drug and alcohol use.
This policy is necessary to:
Preserve and protect the integrity of the Borough and its personnel.
Guard against the harmful consequences to the public good resulting from illegal trafficking and use of illicit drugs or the abusive use of alcohol by Borough personnel.
Preserve and maintain a high degree of public confidence in all those charged with upholding public service, order and safety.
[1973 Code § 3-1.3; Ord. No. 12-2013]
The possession, use, sale or distribution of illegal drugs or drug paraphernalia by employees while on duty or while on Borough property is prohibited.
The possession, use, sale or distribution of alcoholic beverages by employees, while on duty is similarly prohibited.
No employee shall report to work while in an impaired condition or under the influence of drugs or alcohol. Such impairment includes abuse of illegal and legal substances, including medications prescribed by a licensed physician.
[1973 Code § 3-1.4; Ord. No. 13-2003]
The Borough hereby establishes three (3) methods of implementing this policy to identify Borough personnel who are users of certain controlled drugs or alcohol.
Testing for the presence of drugs and alcohol will be conducted for all job candidates as part of a pre-employment physical examination. All candidates for law enforcement employment who test positive for drugs will be reported to the State Police for inclusion in a central registry of candidates who are barred from law enforcement employment for a two (2) year period.
Testing of current employees for the presence of drugs and alcohol will be conducted whenever, based on the employee's conduct, work performance or other facts, there is reasonable suspicion to believe that the employee is using or under the influence of drugs or alcohol.
In the Police Department, only the Chief of Police is authorized to order drug or alcohol testing of any Police Department employee based on reasonable suspicion. In every other department, only the head of the department, or in his absence the next highest ranking manager, is authorized to order such drug or alcohol testing of any employee in that department.
Testing of current employees for the presence of drugs and alcohol will be conducted of all employees who are involved in an accident during the workday or with a Borough vehicle or equipment or who are involved in any unusual event or incident during the workday when, from the circumstances of the accident, event or incident, it is reasonable to suspect that drugs or alcohol may have been involved.
In the Police Department, only the Chief of Police is authorized to order drug or alcohol testing in these circumstances. In every other department, only the head of the department, or in his absence the next highest ranking manager, is authorized to order such testing.
Random Drug and Alcohol Testing for Commercial Drivers License Employees. All employees who possess a commercial driver's license will be subject to random, unannounced, annual drug and alcohol testing under the following circumstances:
Testing will be done during working hours, except under exigent circumstances;
The Borough shall be responsible for the costs of the test;
Selection criteria, the number of tests and test frequency will be determined by the Code of Federal Regulations of the Federal Motor Carrier Safety Administration and will be communicated to employees by Borough Management or the agent. However, annually, at least fifty (50%) percent of the employees will undergo drug testing and ten (10%) percent of employees will undergo alcohol testing;
Monthly, but no later than quarterly, a prorated number of employees will be tested. The portion will ensure that the ratios above are conducted over the calendar year;
Upon notification of selection, the employee will report to the designated collection site immediately. Failure to report will be viewed as an attempt to elude the test or alter its results and will result in disciplinary action, up to and including termination.
[1973 Code § 3-1.5]
All advertisements and announcements for employment with the Borough shall include notification that drug screening through urinalysis is mandatory for all applicants. This notification will also state that a negative test result is a precondition of employment. This notice will further state that all candidates for law enforcement employment who test positive for drugs will be reported to the State Police for inclusion in a central registry of candidates who are barred from law enforcement employment for a two (2) year period.
All applicants for employment will be required to sign a release consenting to the sampling and testing of their urine during a pre-employment physical. This release will include notification that a positive confirmation of illegal drugs or alcohol in the applicant's urine will result in rejection for employment. An applicant who refuses to sign such a release will be rejected for employment.
[1973 Code § 3-1.6]
Whenever a unionized employee is ordered to submit to a drug or alcohol screening test, the employee will be allowed, if he chooses, to be accompanied by his union shop steward, provided the steward is available.
If the employee tests negative, he will not be docked for the time lost from work.
The employee will be sent to a reputable laboratory which is equipped to conduct urine tests for the presence of drugs or alcohol. For employees of the Police Department, their urine samples will be sent to the New Jersey State Police laboratory at Sea Girt for testing.
In the event the employee tests positive on the initial screening test, the laboratory will conduct a second confirmation test using the gas chromatography, mass spectrometry method.
In the event the employee tests positive on both tests, he will be provided an opportunity to submit verification from his physician that he is taking prescription medication under the physician's supervision. The test results will be re-analyzed based on this information.
All test results will be kept confidential, except to the extent that the release of such information is necessary in order to further the purposes of this policy.
The testing laboratory will make provisions to properly preserve, store and secure the original urine specimen for a period of six (6) months. The testing laboratory will also make available to the employee, or his representative, all records of the primary and secondary confirmation tests performed by the laboratory on the employee's urine specimen.
Where appropriate, qualified Borough Police Department personnel may be employed to administer tests for the presence of alcohol or to take urine samples and insure the chain of custody of such samples for transport to a laboratory for analysis.
[1973 Code § 3-1.7]
The Borough may initiate disciplinary action, up to and including termination, against any employee who tests positive for drugs or alcohol. Any Police Department employee who tests positive for drugs will be terminated. However, for employees of all other departments who test positive for drugs or alcohol and for Police Department employees who test positive for alcohol, the Borough may refrain from pursuing such disciplinary action provided:
The employee freely admits that he has a substance abuse problem;
The employee volunteers to attend a drug rehabilitation program approved by the Borough;
The employee successfully completes the rehabilitation program;
The employee refrains from using drugs or alcohol in the future;
The employee signs an agreement that as a condition of his return to work, he will submit to random drug testing for a period of two (2) years after successful completion of the rehabilitation program; and
The employee does not have a relapse of his substance abuse problem.
Any employee who tests positive for drugs or alcohol and refuses to attend a rehabilitation program will be subject to discipline, up to and including discharge.
Any employee who successfully completes a rehabilitation program and subsequently tests positive for drugs or alcohol will be subject to discipline, up to and including discharge.
Any employee who possesses, actually uses or administers, sells or distributes drugs or alcohol during work hours or while on Borough property may be disciplined, up to and including discharge.
In addition to the imposition of discipline, the Borough retains the right to pursue all other appropriate legal action, including, but not limited to, the initiation of civil or criminal proceedings against employees for any activity prohibited by this policy which violates any Federal or State, civil or criminal law.
[1973 Code § 3-1.8]
Any employee who, after a positive drug test, volunteers to attend a drug or alcohol rehabilitation program may be allowed to use vacation, personal and sick leave or take a leave of absence without pay for a period not to exceed three (3) months to attend such a program. Upon successful completion of the program, the employee may be restored to his former position with no loss of seniority unless, due to business necessities, the Borough is unable to keep the position vacant while the employee is attending the program.
In the event the employee's former position is not available, the employee may be offered the next lowest position for which he is qualified, provided a vacancy exists in this position and the Borough, in its sole discretion, determines that the employee is qualified for this position.
In the event that the Borough does not offer the employee employment at the next lowest position, or no such position is available, the employee may be placed on a special reemployment list. This former employee may be considered for reemployment with the Borough for any position for which the Borough, in its sole discretion, decides he is qualified, before the Borough generally advertises or considers current Borough employees for the position.
[1973 Code § 3-2]
The Borough of Roseland shall provide for the defense and indemnification of any action or claim brought against any municipal official, employee, board member or commission member (hereinafter collectively referred to as "Borough officer") on account of an act or omission in the scope of his employment.
For purpose of this section, the duty to defend and indemnify shall extend to a claim, cross-action, counterclaim or cross-complaint against a Borough officer or former Borough officer; provided, however, that Borough may refuse to provide for the defense or indemnification of an action if:
The act or omission was not within the scope of employment;
The act or the failure to act was because of actual fraud, willful misconduct or actual malice;
The defense of the action or proceeding by the Borough of Roseland would create a conflict of interest between the Borough of Roseland and the Borough officer;
The action or claim is brought by the municipality itself against the Borough officer;
The Borough officer is found to have acted in violation of any municipal Code of Ethics.