[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:
a.
Preserve and protect the integrity of the Borough and its personnel.
b.
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.
c.
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]
a.
The possession, use, sale or distribution of illegal drugs or drug
paraphernalia by employees while on duty or while on Borough property
is prohibited.
b.
The possession, use, sale or distribution of alcoholic beverages
by employees, while on duty is similarly prohibited.
c.
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.
a.
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.
b.
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.
c.
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.
d.
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:
1.
Testing will be done during working hours, except under exigent circumstances;
2.
The Borough shall be responsible for the costs of the test;
3.
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;
4.
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;
5.
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]
a.
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.
b.
If the employee tests negative, he will not be docked for the time
lost from work.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
h.
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]
a.
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:
1.
The employee freely admits that he has a substance abuse problem;
2.
The employee volunteers to attend a drug rehabilitation program approved
by the Borough;
3.
The employee successfully completes the rehabilitation program;
4.
The employee refrains from using drugs or alcohol in the future;
5.
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
6.
The employee does not have a relapse of his substance abuse problem.
b.
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.
c.
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.
d.
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.
e.
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:
a.
The
act or omission was not within the scope of employment;
b.
The
act or the failure to act was because of actual fraud, willful misconduct
or actual malice;
c.
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;
d.
The
action or claim is brought by the municipality itself against the
Borough officer;
e.
The
Borough officer is found to have acted in violation of any municipal
Code of Ethics.
