For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Any individual tentatively selected for employment with the city.
All property used by employees such as vehicles, lockers, desks, closets, offices, buildings, etc.
Any substance listed in schedules I–V of section 202 of the Controlled Substance Act (21 USC section 812), as amended. Copies are maintained for employee review by personnel and health services.
Any chemical substance that produces physical, mental, emotional or behavioral change in the user.
A product, material or equipment that is used or intended for use in concealing an illegal drug or for use in injecting, ingesting, inhaling or otherwise introducing into the human body an illegal drug or controlled substance.
To work in a manner suitable for the job. To determine “fitness,” a medical evaluation may include drug and/or alcohol testing.
Any drug or derivative thereof which the use, possession, sale, transfer, attempted sale or transfer, manufacture or storage of is illegal or regulated under any federal, state, or local law or regulation; any other drug, including (but not limited to) a prescription drug, used for any reason other than a legitimate medical reason; and inhalants used illegally. Included is marijuana or cannabis in all forms.
A system of drug testing imposed without individualized suspicion that a particular individual is using illegal drugs. Random testing may either be:
Support by evidence strong enough to establish that a policy violation has occurred.
An employee having authority to hire, direct, assign, promote, reward, transfer, furlough, lay off, recall, suspend, discipline or remove other employees, to adjust their grievances or to effectively recommend such action if the exercise of the authority is not merely routine or clerical in nature, but requires the consistent exercise of independent judgment.
Employment positions within the city which have been designated for random testing under section 9.02.003(b)(1)(A), below.
A state of having a blood alcohol concentration of 0.07 or more, where “alcohol concentration” has the meaning assigned to it in Tex. Rev. Civ. Stat. art. 67011-1; or the state of not having the normal use of mental or physical faculties resulting from the voluntary introduction into the body of an alcoholic beverage or a controlled substance.
A test result that was positive on an initial FDA-approved immuno-assay test confirmed by a gas chromatography/mass spectrometry assay (or other confirmatory tests approved by the city).
All premises within the city to which the work of the employee requires access.
(2002 Code, sec. 31.20)