(a)
Controlled substances prohibited.
(1)
The manufacture, distribution, dispensing, possession, sale, purchase,
or use of an illegal drug, an illegal inhalant, drug paraphernalia,
or any controlled substances on city property, city premises, or city
work sites, or while conducting city business, or while operating
or occupying any city vehicle or equipment at any time, is prohibited.
The city, at its sole discretion, may take into custody any illegal,
unauthorized, or prohibited items and may turn them over to the proper
law enforcement agencies.
(2)
The presence of a detectable level of any illegal drug, illegal inhalant,
alcohol, or unauthorized controlled substance or any metabolite of
any such substance in the body at any time is prohibited.
(3)
Being under the influence of alcohol, illegal drugs, illegal inhalants,
or an unauthorized controlled substance on city property, city premises,
or city work sites is prohibited. The unauthorized use or possession
of prescription drugs or over-the-counter drugs on city property,
city premises, or city work sites is prohibited.
(4)
The unauthorized storage in any locker, desk, city vehicle, or other
repository on city property, premises, or work sites of any illegal
drugs, illegal inhalants, drug paraphernalia, unauthorized controlled
substances, or alcohol is prohibited.
(b)
Inspections.
In order to accomplish the purpose of the
policy of this section, the city reserves the right to carry out reasonable
searches of city property and city vehicles and/or equipment. Searches
by the city may be initiated without prior notice and conducted at
times and locations as deemed appropriate by the city. The refusal
to consent to inspection of any desk, locker, or other city property
under an employee’s control when requested by a supervisor is
prohibited.
(c)
Refusal to submit to testing.
City employees have a
right to refuse to submit to a drug/alcohol test; however, that refusal
to submit a specimen for testing when required under this policy may
result in disciplinary action.
(d)
Tampering with samples.
The tampering or adulterating
of any urine sample submitted for testing is prohibited.
(e)
Report of conviction for drug or alcohol related crimes.
The conviction or failure to report a conviction by any employee
for any drug or alcohol related crimes is a violation of this policy.
(f)
Failure to pass test.
Employment with the city will
be dependent on passing any and all drug/alcohol tests administered
under this policy. Failing a drug/alcohol test will be grounds for
disciplinary action.
(g)
Violations subject to disciplinary action.
Employees
who violate this policy are subject to appropriate disciplinary action,
including termination.
(h)
Distribution of policy.
Supervisors will receive training
regarding the drug and alcohol abuse policy and the use of the employee
assistance program. All employees will receive copies of the drug
and alcohol abuse policy and information about the employee assistance
program.
(i)
Applicability of policy; exceptions.
(1)
This policy shall apply to all employees of the city regardless of
rank or position and includes temporary, part-time, and full-time
employees. It equally applies to all elected and appointed officials.
(2)
All temporary, part-time employees and members of various committees,
whether appointed by the mayor, the city council, or the city secretary,
will not be subject to random drug and/or alcohol testing or pre-employment
drug and/or alcohol testing except when it is required under such
guidelines and stipulations of the United States government and/or
its agencies or the state and/or its agencies. They are subject to
all other provisions of the city’s substance abuse policy.
(1997 Code, sec. 30.10)
For the purpose of this article, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
Includes all city property, buildings, lockers, structures,
job sites (where an employee is working), parking lots, and all means
of transportation owned, leased, or otherwise used for city business,
including motor vehicles, equipment, or machinery.
All city-owned or leased property used by employees, such
as vehicles, lockers, desks, closets, and the like.
Any substance listed in schedules I–V of section 202 of the Controlled Substances Act (21 U.S.C. section 812), as amended. Copies are maintained for employee review by the personnel department. Controlled substances include but are not limited to amphetamines, barbiturates, codeine, methadone, benzodiazepines, methaqualone, and morphine. A controlled substance is “unauthorized” if the employee does not have a valid prescription for that substance at the time of its use or possession.
A quantity of a drug, drug metabolite, or alcohol equal to
or greater than the detection limit for the substance as established
by the testing laboratory, with the city council’s approval.
Any chemical substance that produces physical, mental, emotional,
or behavioral change in the user.
Equipment, product, or material that is used or intended
for use in concealing an illegal drug or for use in injection, ingesting,
inhaling, or otherwise introducing into the human body an illegal
drug or controlled substance.
A urine specimen and/or blood specimen submitted for the
purpose of analysis to determine the presence of an illegal drug,
illegal inhalant, alcohol, or unauthorized controlled substance in
the body.
A confirmation of an initial test result which shows a detectable
level of an illegal drug, unauthorized controlled substance, drug
metabolite, or alcohol in the body.
To work in a manner suitable for the job. To determine fitness,
a medical evaluation may include drug and/or alcohol testing.
An illegal drug is 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, and 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. Illegal drug includes
but is not limited to marijuana or cannabis in all forms, heroin,
cocaine, crack cocaine, PCP (phencyclidine), methamphetamine (speed,
ice), and any other controlled substance not validly prescribed by
a physician.
Supported by evidence strong enough to establish that a policy
violation has occurred.
A state of having a blood alcohol concentration of 0.10 or
more, where “alcohol concentration” has the meaning assigned
to it in Tex. Transp. Code section 724.001; 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.
(1997 Code, sec. 30.11)
(a)
Any
of the following actions constitutes a violation of the policy and
may subject an employee to disciplinary action up to and including
immediate termination:
(1)
Using, selling, purchasing, transferring, possessing, manufacturing,
or storing an illegal drug or drug paraphernalia, or attempting or
assisting another to do so, while in the course of employment or engaged
in a city-sponsored activity, on premises, in owned, leased, or rented
vehicles, or on city business.
(2)
Working or reporting to work, conducting city business or being on
premises or in a city-owned, leased or rented vehicle while under
the influence of an illegal drug or alcohol, or in an impaired condition.
(3)
Failing a drug/alcohol test.
(4)
The refusal to consent to a lawfully permitted drug/alcohol test
and/or submit a specimen for testing when required under this policy.
(b)
Any
employee who violates any other provisions of this policy may be disciplined
up to and including termination.
(1997 Code, sec. 30.12)
(a)
Employees
taking drugs prescribed by an attending physician must advise their
direct supervisor in writing of the possible effects of such medication
regarding their job performance and physical and/or mental capabilities.
This written information must be kept confidential and communicated
to the direct supervisor prior to the employee commencing work. All
medical information will be kept confidential and the employer, without
exception, will punish any breach of privacy and confidentiality in
this regard. All prescription drugs must be kept in their original
container.
(b)
Any
employee involved in a work-related accident where alcohol or drugs
are believed to be a contributing factor will be subject to disciplinary
action in addition to any other accident investigation activities.
(1997 Code, sec. 30.13)
(a)
Any
individual who has been subject to disciplinary action as a result
of this policy may appear before the city council in executive session
to appeal such disciplinary action. A written request to appear before
the city council for a review of the decision should be submitted
to the office of the city secretary within 15 days of the disciplinary
action. Such review by the city council will take place in executive
session, or in open session at the employee’s request, at their
next regularly scheduled meeting.
(b)
If
a disciplined employee wishes to have his or her sample retested,
such test will be conducted from the original sample collected and
will be at the expense of the city. The laboratory used by the employee
must meet the same criteria as the laboratory used by the city (the
laboratory is to be certified under appropriate federal and/or state
regulations and should follow the guidelines adopted by the U.S. Department
of Health and Human Services for workplace urinalysis).
(1997 Code, sec. 30.14)
(a)
General procedure.
(1)
Drug tests will be conducted by a qualified laboratory approved by
the city council. Chain-of-custody procedures will be followed to
account for the integrity of each urine sample by tracking its handling
and storage from point of specimen collection to final disposition
of the specimen.
(2)
The initial test (also known as a screening test) shall be an enzyme
immunoassay screen (EMIT) to eliminate “negative” urine
specimens from further consideration.
(3)
If the initial test indicates a positive result, a second screening
test known as fluorescence polarization immunoassay (FPIA) will be
performed.
(4)
If the second screening test still indicates a positive result, a
confirmation test by gas chromatography/mass spectrometry (GC/MS)
will be used to confirm the presence of a specific drug or metabolite.
The confirmation test shall be independent of the initial tests and
uses a different technique and chemical principle from that of the
initial tests in order to ensure reliability and accuracy.
(5)
Only those specimens confirmed positive by GC/MS will be reported
as positive specimens. Those results will only be reported to the
city secretary or his designee by the laboratory. The results will
then be reported to who may need to know the results. Results will
be kept confidential and secured at all times.
(6)
Applicants and employees subject to testing will have the opportunity,
prior to testing, to list all prescription and nonprescription drugs
they have used in the last 30 days and to explain the circumstances
surrounding the use of such drugs.
(b)
Pre-employment test.
All applicants for employment who
the city intends to hire will submit to a drug test as a condition
of employment. Applicants will sign a pre-employment drug and alcohol
abuse consent form and attach it to the application for employment.
An applicant with a positive drug test will not be hired.
(c)
Random testing.
All employees of the city will be subject
to random testing without prior notice at times and locations as deemed
appropriate by the city.
(d)
Post-accident testing.
Any employee involved in an accident
involving bodily injury or property damage of $700.00 or more and/or
one-half of the value of the property will submit to a drug test (this
includes single vehicle/equipment accidents). Other employees in the
immediate vicinity of the accident or incident may also be required
to submit to a drug test if a supervisor believes that the employee
may have caused or contributed to the accident or incident. The decision
to order such testing shall be made by the highest ranking supervisor
present at the scene of the accident or incident. The test shall be
performed as soon as possible at the order of the supervisor.
(e)
Reasonable suspicion.
Employees suspected of using illegal
drugs, illegal inhalants or alcohol, or abusing controlled substances,
will be requested to submit to a drug test. Reasonable suspicion shall
include, but not be limited to, excessive absences, excessive tardiness,
lack of productivity, personality changes, difficulties in performance
of duties, or any other reason deemed sufficient to lead to a conclusion
that such employee may be using illegal drugs or may be abusing controlled
substances.
(f)
Fit for duty testing.
Employees may be required to submit
to an unannounced drug/alcohol test for the purpose of determining
that the individual may be deemed fit to safely and competently perform
his or her duty.
(g)
Drugs screened and detection levels.
|
Drug or its Metabolite
|
Screening Cut-Off
|
Confirmation Cut-Off
|
|---|---|---|
|
Alcohol
|
0.02 grams
|
0.02 grams
|
|
Amphetamines
|
1000 ng/ml
|
300 ng/ml
|
|
Barbiturates
|
300 ng/ml
|
300 ng/ml
|
|
Benzodiazepines
|
300 ng/ml
|
300 ng/ml
|
|
Cannabinoids
|
50 ng/ml
|
15 ng/ml
|
|
Cocaine
|
300 ng/ml
|
150 ng/ml
|
|
Methadone
|
300 ng/ml
|
300 ng/ml
|
|
Methaqualone
|
300 ng/ml
|
300 ng/ml
|
|
Opiates
|
300 ng/ml
|
300 ng/ml
|
|
Phencyclidine
|
25 ng/ml
|
25 ng/ml
|
|
Propoxyphene
|
300 ng/ml
|
300 ng/ml
|
(1997 Code, sec. 30.15)
The city will provide employees and their families with confidential
referral for assistance in resolving or accessing treatment for addiction
to, dependence on, or problems with alcohol or drugs, or other personal
problems adversely affecting their job performance. The cost of treatment,
counseling, or rehabilitation resulting from the EAP referral not
covered by health benefits provided by the city will be the responsibility
of the employee.
(1997 Code, sec. 30.16)
The sale, use, purchase, transfer, or possession of an illegal
drug or drug paraphernalia is a violation of the law. The city will
report information concerning possession, distribution, or use of
any illegal drugs to law enforcement officials and will turn over
to the custody of law enforcement officials any such substances found
during a search of an individual or property. Searches will only be
conducted of individuals based on reasonable cause; and only of their
vehicles, lockers, desks, or closets when based on reasonable suspicion.
The city will cooperate fully in the prosecution and/or conviction
of any violation of the law.
(1997 Code, sec. 30.17)
(a)
The
city reserves the right to interpret, change, suspend, cancel, or
dispute, with or without notice, all or any part of this policy, or
procedures or benefits discussed herein. Employees will be notified
before implementation of any change.
(b)
Although
adherence to this policy is considered a condition of continued employment,
nothing in this policy alters an employee’s status and shall
not constitute nor be deemed a contract or promise of employment.
Employees remain free to resign their employment at any time for any
or no reason, without notice, and the city retains the right to terminate
any employee at any time, for any or no reason, without notice.
(1997 Code, sec. 30.18)
(a)
The
provisions of this policy shall apply in addition to, and shall be
subordinated to, any requirements imposed by applicable federal, state,
or local laws, regulations, or judicial decisions.
(b)
Any
and all anti-drug programs and/or drug testing that may be required
by the United States Department of Transportation (DOT), the state
railroad commission (TRRC), or any other federal and/or state agencies
will be administered and conducted according to the stipulations and
guidelines that may be established by those agencies.
(1997 Code, sec. 30.19)
