[Adopted 12-2-2019 by Ord. No. 741]
The Village is committed to maintaining a drug-, cannabis- and
alcohol-free workplace in compliance with applicable laws. In order
to protect the public and to ensure a safe, healthful and drug-, cannabis-
and alcohol-free workplace, the Village requires compliance with the
following procedures and guidelines.
The Village prohibits the unlawful use, consumption, manufacturing,
dispensing, distribution or possession of a controlled substance,
cannabis or alcohol while on Village premises, in Village vehicles
or while performing work for the Village.
As used in this article, the following terms shall have the
meanings indicated:
CANNABIS
B.
Cannabis-infused product or products; or
C.
Cannabis product in concentrated form.
CONTROLLED SUBSTANCE
A.
A substance that is not legally obtainable;
B.
A substance that is being used in a manner different than prescribed;
C.
A substance that is legally obtainable, but has not been legally
obtained; or
D.
A substance that is defined as such by federal or state law.
Any employee found using, consuming, possessing, manufacturing,
dispensing or distributing a controlled substance, cannabis or alcoholic
beverage on Village premises, in Village vehicles or while performing
work for the Village shall be subject to disciplinary action, up to
and including discharge. Any disciplinary action imposed may also
include the completion of an appropriate rehabilitation program as
a condition of reinstatement or continued employment. Notwithstanding
anything to the contrary, it shall not be a violation of this article
for any police officer to be in possession of a controlled substance,
cannabis or alcoholic beverage on Village premises, in Village vehicles
or while performing work for the Village, provided said police officer
is undertaking his or her official duties as a police officer of the
Village.
Any member of the Police Department, including the Police Chief,
found using, consuming, manufacturing, dispensing or distributing
a controlled substance or cannabis shall be subject to disciplinary
action, up to and including discharge. The presence of any amount
of any controlled substance or cannabis that results in a positive
test is prohibited. Any disciplinary action imposed may also include
the completion of an appropriate rehabilitation program as a condition
of reinstatement or continued employment.
The Village may require employees to submit to a urinalysis
and/or other appropriate drug, cannabis and alcohol testing prior
to hiring or promotion or subsequent to any on-the-job injury or accident.
Employees will not be permitted to work while under the influence
of drugs, cannabis or alcohol. Employees who appear to be unfit for
duty will be relieved from duty and may be required to submit to a
urinalysis and/or other appropriate drug, cannabis and alcohol testing.
The Village may also test an employee whenever there is a reasonable
suspicion of drug, cannabis or alcohol use. Refusal to submit to such
testing or the failure to pass the test shall be cause for discipline,
up to and including discharge.
The results of any drug, cannabis or alcohol testing shall be
sent to the Village Board President but shall remain confidential
to the extent possible under applicable law. If the results of the
test are positive, the employee may be advised confidentially to seek
the assistance of drug counseling or an employee assistance program
and may be provided a reasonable period of time for rehabilitation.
Provided, nothing herein shall be interpreted to prohibit the imposition
of discipline, up to and including discharge. In addition to any discipline
which may be imposed, if an employee tests positive, the employee
shall be subject to random testing. If an employee subject to such
random test again tests positive, the employee shall be subject to
further disciplinary action, up to and including discharge.
As a condition of employment, each employee will notify his
or her supervisor if he or she is convicted of a criminal drug or
cannabis offense involving the workplace within five calendar days
of the conviction. In the event any such conviction involves an employee
working on a federal or state contract or federal or state grant,
the Village will notify the granting or contracting agency within
10 days of receiving notice of a conviction.
Employees are encouraged to request assistance through reputable
sources in the community in dealing with a personal alcohol-, cannabis-
or drug-related problem.
Employees who wish to report drug, cannabis or alcohol use in
violation of this policy should contact the Village Board President.
The Village will make every effort to protect anonymity, and such
information will be treated in confidence.
The Village may conduct, on the Village's premises or during
Village time, unannounced searches of an employee's person, belongings,
locker and Village vehicles for controlled substances, cannabis or
alcohol based upon suspicion or evidence of sale, possession or use
of controlled substances, cannabis or alcohol. Employees who do not
consent to such searches may be discharged.