[Ord. 6 S+FC, 8-7-1991 § 1]
The City of Newark, New Jersey, shall henceforth require all new employees, both appointed and non-appointed, to undergo mandatory drug testing administered by a professionally trained, reputable firm hired by the City of Newark in order to demonstrate the ability to perform their duties without any dependence on illegal substances.
[Ord. 6 S+FC, 8-7-1991 § 2]
CONTRACTOR
Shall mean any agency designated by the City of Newark to conduct drug screening tests for the purpose of detecting controlled dangerous substances.
CONTROLLED DANGEROUS SUBSTANCES
Shall mean any substance listed in Schedules I through V in Sections 5 through 8 of P.L. 1970, C.226 (N.J.S. 24:21-5 through 24:21-8) and in Section 4 of P. L. 1971, C.3 (N.J.S. 24:21-8.1). The term shall not include tobacco, tobacco products, distilled spirits, wine, or malt beverages as they are defined or used in N.J.S. 33:1-1 et seq.
DRUG TEST
Shall mean any test administered for the purpose of determining the presence or absence of a controlled dangerous substance in a person's body.
EMPLOYEE
Shall mean all individuals hired by the City of Newark and those persons, both appointed and non-appointed, receiving promotions.
EMPLOYEE ASSISTANCE PROGRAM
Shall mean and refer to the City's program which is designed to help employees resolve personal problems which have an adverse effect on their job performance.
MEDICAL FACILITY
Shall mean a laboratory wherein drug tests are conducted on samples.
PRESCRIPTION OR NON-PRESCRIPTION MEDICATION
Shall mean a drug prescribed for use by a duly licensed physician, dentist or other medical practitioner licensed to issue prescriptions, or drug that is authorized for general distribution and use in the treatment of human diseases, ailments, or injuries, pursuant to the "Federal Food, Drug and Cosmetic Act," 52 Stat. 1040 (21 U.S.C. 301 et seq.).
REASONABLE SUSPICION
Shall mean circumstances that would induce a reasonably intelligent individual to believe that a specific condition, in this case the use of drugs, exists.
[Ord. 6 S+FC, 8-7-1991 § 3]
It is the responsibility of the City of Newark to ensure that those employees providing services to the citizens of Newark do not indulge in the use or abuse of controlled dangerous substances.
[Ord. 6 S+FC, 8-7-1991 § 4]
Controlled dangerous substances are classified as any material, compound, mixture, or preparation which contains any quantity of substances having a potential for abuse associated with a depressant effect on the central nervous system.
[Ord. 6 S+FC, 8-7-1991 § 5]
It will be against the City's policy to release information obtained through a drug test except to the Division of Personnel and the new employee or promoted employee. The result of drug test may not be used in any civil or criminal proceeding against the individual who has submitted to the test.
[Ord. 6 S+FC, 8-7-1991 § 6]
The contractor shall be responsible for performing the urinalysis testing of employees and submitting findings of the same to the City's Division of Personnel.
[Ord. 6 S+FC, 8-7-1991 § 7]
All potential hirees as well as those employees receiving promotions with the City of Newark shall be required to submit to a drug test for the purpose of determining the presence or absence in the body of the above-mentioned person. An applicant or person receiving promotion who refuses to submit to a drug test shall be denied employment and/or promotion. In the case of a new employee, the test shall be administered immediately prior to the last application procedure before employment is offered to the applicant.
[Ord. 6 S+FC, 8-7-1991 § 8]
It is hereby mandatory for all new employees to undergo drug testing.
[Ord. 6 S+FC, 8-7-1991 § 9]
Those employees receiving promotions who have tested positive for drugs shall be referred to the City's Employee Assistance Program for consultation.
[Ord. 6 S+FC, 8-7-1991 § 10]
The test required under this legislation shall be provided by the City of Newark which shall enter into contract with approved medical facility to administer the test.
[Ord. 6 S+FC, 8-7-1991 § 11]
Prior to or at the time of the drug test, the hiree or person receiving promotion will be given the opportunity to submit medical documentation to verify the person's use of a prescription or non-prescription medication.
[Ord. 6 S+FC, 8-7-1991 § 12]
Directors, Department Heads, and Managers who suspect employees of using drugs shall report the name(s) of those person(s) to the City's Division of Personnel which in turn shall monitor the case.
a. 
The following characteristic and/or factors may be used to form or establish reasonable individualized suspicion as cited above:
1. 
Physical impairment or incapacitation;
2. 
Excessive absenteeism;
3. 
Chronic lateness;
4. 
Deterioration of work habits;
5. 
Reduced productivity;
6. 
Confidential information concerning illegal drug use;
7. 
Uncharacteristic behavior patterns.
b. 
The refusal by an employee to submit to a urinalysis test when so ordered, based on reasonable suspicion, shall be the basis for disciplinary action imposed by the City's Division of Personnel.
[Ord. 6 S+FD, 8-7-1991 § 1]
The City of Newark, New Jersey, shall henceforth require employees receiving promotions to undergo mandatory drug testing by a professionally trained, reputable firm hired by the City of Newark in order to demonstrate the ability to perform their duties without any dependence on illegal substances.
[Ord. 6 S+FD, 8-7-1991 § 2]
CONTRACTOR
Shall mean any agency designed by the City of Newark to conduct drug screening tests for the purpose of detecting controlled dangerous substances.
CONTROLLED DANGEROUS SUBSTANCES
Shall mean any substance listed in Schedules I through V in Sections 5 through 8 of N.J.S. 24:21-5 through 24:21-8 and in Section 4 of 24:21-8.1 the term shall not include tobacco, tobacco products, distilled spirits, wine, or malt beverages as they are defined or used in N.J.S. 33:1-1 et seq.
DRUG TEST
Shall mean any test administered for the purpose of determining the presence or absence of a controlled dangerous substance in a person's body.
EMPLOYEE
Shall mean all individuals hired by the City and those persons, both appointed and non-appointed, receiving promotions.
EMPLOYEE ASSISTANCE PROGRAM
Shall refer to the City's program which is designed to help employees resolve personal problems which have an adverse effect on their job performance.
MEDICAL FACILITY
Shall mean a laboratory wherein drug tests are conducted on samples.
PRESCRIPTION OR NONPRESCRIPTION MEDICATION
Shall mean a drug prescribed for use by a duly licensed physician, dentist or other medical practitioner licensed to issue prescriptions, or drug that is authorized for general distribution and use in the treatment of human diseases, ailments, or injuries, pursuant to the "Federal Food, Drug and Cosmetic Act," 52 Stat. 1040 (21 U.S.C. 301 et seq.).
REASONABLE SUSPICION
Shall mean circumstances that would induce a reasonable intelligent individual to believe that a specific condition, in this case the use of drugs, exists.
[Ord. 6 S+FD, 8-7-1991 § 3]
It is the responsibility of the City of Newark to ensure that those employees providing services to the citizens of Newark do not indulge in the use or abuse of controlled dangerous substances.
[Ord. 6 S+FD, 8-7-1991 § 4]
Controlled dangerous substances are classified as any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system.
[Ord. 6 S+FD, 8-7-1991 § 5]
It will be against the City's policy to release information obtained through a drug test except to the Division of Personnel and the new employee or promoted employee. The result of drug test may not be used in any civil or criminal proceeding against the individual who has submitted to the test.
[Ord. 6 S+FD, 8-7-1991 § 6]
The contractor shall be responsible for performing the urinalysis testing of employees and submitting findings of the same to the City's Division of Personnel.
[Ord. 6 S+FD, 8-7-1991 § 7]
All potential hirees as well as those employees receiving promotions with the City of Newark shall be required to submit to a drug test for the purpose of determining the presence or absence in the body of the above mentioned person. An applicant or person receiving promotion who refuses to submit to a drug test shall be denied employment and/or promotion. In the case of a new employee, the test shall be administered immediately prior to the last application procedure before employment is offered to the applicant.
[Ord. 6 S+FD, 8-7-1991 § 8]
It is hereby mandatory for employees receiving promotions to undergo drug testing.
[Ord. 6 S+FD, 8-7-1991 § 9]
Those employees receiving promotions who have tested positive for drugs shall be referred to the City's Employee Assistance Program for consultation.
[Ord. 6 S+FD, 8-7-1991 § 10]
The test required under this legislation shall be provided by the City of Newark which shall enter into contract with approved medical facility to administer the test.
[Ord. 6 S+FD, 8-7-1991 § 11]
Prior to or at the time of the drug test, the hiree or person receiving promotion will be given the opportunity to submit medical documentation to verify the person's use of a prescription or nonprescription medication.
[Ord. 6 S+FD, 8-7-1991 § 12]
Directors, Department heads, and Managers who suspect employees of using drugs shall report the name(s) of those person(s) to the City's Division of Personnel which in turn shall monitor the case.
a. 
The following characteristic and/or factors may be used to form or establish reasonable individualized suspicion as cited above:
1. 
Physical impairment or incapacitation.
2. 
Excessive absenteeism.
3. 
Chronic lateness.
4. 
Deterioration of work habits.
5. 
Reduced productivity.
6. 
Confidential information concerning illegal drug use.
7. 
Uncharacteristic behavior patterns.
b. 
The refusal by an employee to submit to a urinalysis test when so ordered, based on reasonable suspicion, shall be the basis for disciplinary action imposed by the City's Division of Personnel.