For the purpose of this article, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
City premises or work sites.
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.
City property.
All city-owned or leased property used by employees, such
as vehicles, lockers, desks, closets, and the like.
Controlled substance.
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.
Detectable level.
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.
Drug.
Any chemical substance that produces physical, mental, emotional,
or behavioral change in the user.
Drug paraphernalia.
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.
Drug screen.
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.
Failing a drug test.
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.
Fitness for duty.
To work in a manner suitable for the job. To determine fitness,
a medical evaluation may include drug and/or alcohol testing.
Illegal drug.
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.
Under the influence.
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)
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)