It is the policy of the town that certain rules and regulations
regarding employee behavior, conduct, and work performance are necessary
conditions of employment to allow efficient town operations and for
the benefit and safety of all employees. Conduct, behavior and work
performance that interferes with operations, discredits the town,
or is offensive to the public or other employees will not be tolerated.
(Ordinance 18-01 adopted 2018)
All employees are to be at their designated work areas on time
and ready to work. They shall work until the scheduled quitting time,
unless permission of the supervisor/department director has been obtained
for different work hours. Employees shall adhere to their work schedules
with regularity and punctuality.
A. Time
clock attendance records.
Employees set up to clock-in
and clock-out for the recording of hours worked using the time clock
hand-scanners must ensure they use these time clock scanners with
consistency. Written time clock adjustment report corrections shall
be kept to a minimum and shall not be used to replace the use of the
time clock hand-scanners. Repeated failure to use the time clocks
consistently may be grounds for disciplinary action.
B. Timesheet
attendance records.
Employees required to record hours
worked on timesheets shall keep accurate records of hours worked and
submit to the designated timekeeper when directed.
C. Unsatisfactory
habits and behavior.
Unsatisfactory work habits and work
behavior to include failure to properly record hours worked, departing
the work area prior to the designated time, excess absenteeism, neglecting
work duties/responsibilities, or wasting time during work hours may
be grounds for disciplinary action up to and including termination.
(Ordinance 18-01 adopted 2018)
Town employees are expected to always be dressed in a manner
suitable to their employment position to assure public safety and
in order to maintain an excellent public service environment, wear
the proper attire and maintain an appropriate personal appearance.
Employees are also expected to maintain good personal hygiene in order
to maintain a good public image and foster harmonious working environments.
Employees required to wear uniforms should wear uniforms that
are kept clean and neat. Uniforms bearing town identification patches
or words may not be worn during off-duty hours. Upon separation from
the town, any and all town issued equipment and uniform items must
be returned to the supervisor/department director.
(Ordinance 18-01 adopted 2018)
Employees must disclose promptly any circumstance that might
constitute a conflict of interest or appear to be a conflict of interest.
If such a situation develops, the employee must immediately notify
their department director and complete a town disclosure statement
form. Pursuant to the New Mexico Governmental Conduct Act, an employee
or public official of the town is required to make disclosure of potential
conflicts of interest with regard to outside employment, familial
relationships, and disclosure of substantial business interests. In
addition, employees must complete a town disclosure statement form
every twelve (12) months. Failure to complete the town disclosure
statement form or failure to provide complete and accurate information
may subject an employee to disciplinary action and may result in any
authorization to engage in self-employment, supplemental or outside
employment being terminated.
A. Prohibited
conduct.
No employee shall:
1. Engage
in any business or transaction, have a financial or other personal
interest, direct or indirect, accept private employment or other public
employment, or render services for private interest, which is incompatible
with the proper discharge of the employee’s responsibilities,
which gives the appearance of impropriety, or could tend to impair
his independence of judgment or action in the performance of his duties.
2. Accept
any gift, whether in the form of money, service, loan, thing, or promise,
from any person that could tend to impair the employee’s independence
of judgment or action in the performance of his duties.
3. Disclose
confidential information concerning property, government or affairs
of the town without proper legal authorization, or use such information
to advance the financial or other private interest of self or others.
4. Accept
any gift, whether in the form of money, service, loan, thing or promise,
from any person which to his knowledge is interested directly in any
manner whatsoever in business dealings with the town; provided, however,
that any such employee who is a candidate for public office may accept
campaign contributions and service in connection with any such campaign.
5. Represent
the private interests of any third party in any action or proceeding
before any board or committee before which the employee appeared on
behalf of the town while an employee of the town or within one year
of terminating his employment with the town.
6. Participate
in the selection, in the negotiation or the making of any contract
with any business or entity in which he has a direct or indirect financial
interest.
B. Self-employment,
supplemental or outside employment.
1. The
town has the right to refuse authorization or to terminate authorization
to engage in self-employment, supplemental or outside employment which:
a. Involves the use of town time, facilities, equipment, or supplies.
b. Causes the employee to be less efficient in performing his duties
for the town.
c. May cause or lead to a conflict of interest with the town for the
employee or any of the employee’s subordinates.
d. Involves the acceptance of any gift or gratuity whether in the form
of money, service, loan, thing or promise, by the employee or any
of the employee’s subordinates to perform any services related
to his duties or his subordinate’s duties with the town.
e. Results in an increase in the employee’s use of leave.
2. The
authorization for outside employment may be denied in the town’s
sole discretion due to inadequate performance, attendance, number
of hours of outside employment, perceived conflict of interest, or
any other reason which the town deems is necessary for the efficient
operation of town government.
(Ordinance 18-01 adopted 2018)
The town is committed to preventing workplace violence and to
maintain a safe work environment. If the employee displays any violence
in the workplace or threatens violence in the workplace, the employee
is subject to immediate discharge/termination of employment. No talk
of violence or joking about violence will be tolerated. The town defines
“violence” to include physically harming another, shoving,
pushing, intimidation, coercion, fighting, brandishing weapons, acts
of bullying, stalking, assault, vandalism, unauthorized possession
or use of a firearm or prohibited weapon in the workplace or during
work hours and threats or talk of violence. This list is not all-inclusive,
and any other acts deemed inappropriate will also be investigated.
The town reserves the right to take disciplinary action against this
type of behavior and conduct, up to and including discharge or termination
of employment.
The town is committed to providing a safe environment for employees,
customers and visitors. In order to provide a safe workplace, the
town requires compliance with the following provisions:
A. All
weapons prohibited.
With the exception of town police
officers, the town will not tolerate employees being in possession
of any weapons on town property and also while on work duty on other
premises.
B. Inspections.
Desks, telephones, issued cell phones, computers, lockers, etc.,
are the property of the town and as such, the town reserves the right
to enter or inspect your work areas including, but not limited to,
offices, desks, lockers, issued cell phones, computers, etc., and
with or without notice of inspection.
C. Reporting
requirements.
It is everyone’s responsibility to
prevent violence in the workplace. If you observe or experience such
behaviors and/or conduct, you should report it immediately to a supervisor/department
director. Supervisors and department directors shall immediately notify
the human resources director and town manager. If the supervisor or
department director is responsible for the behavior and/or conduct,
the employee should report to a non-involved department director,
human resources director and town manager. If the employee believes
the situation requires immediate action in order to avert a violent
situation, the employee should contact the appropriate law enforcement
agency immediately.
D. Investigation
and findings.
Any reported violation of this policy will
be thoroughly investigated. The town will take appropriate disciplinary
action based on the findings of the investigation. An employee whose
behavior is determined to be in violation of this policy is subject
to disciplinary action, up to and including discharge/termination.
E. Training.
As part of the town’s commitment to preventing workplace
violence, the town provides training on this policy during an employee’s
new hire orientation and encourages employees, supervisors, and department
directors to take periodic training to learn about workplace violence
prevention, conflict resolution, building effective working relationships,
stress management and related or similar course topics. The town offers
monthly safety training as provided by our insurance provider, New
Mexico self-insurers’ fund and [each] department should make
efforts to budget for specific related training for their department
work assignments, clients served, and needs.
F. Employee
assistance program.
The town provides an employee assistance
program (EAP) for all employees. The town’s EAP offers free
and confidential assessment, short term counseling, prevention, crisis
intervention, education, and referral services to employees and their
eligible dependents. The EAP is a completely confidential service
and is available 24/7, three hundred sixty-five (365) days of the
year to help employees and their dependents. Employees are encouraged
to use the EAP whenever the employee feels the need for guidance in
coping with life.
(Ordinance 18-01 adopted 2018)
All employees, department directors and elected officials are
prohibited from:
A. Using
official authority or influence for the purpose of interfering with
or affecting the result of an election or a nomination for office,
or for any other political purpose.
B. Directly
or indirectly coercing, attempting to coerce, commanding or advising
a state or local officer or employee to pay, lend, or contribute anything
of value to a party, committee or organization, agency, or person
for a political purpose.
C. Threatening
to deny promotions to any employee who does not vote for certain candidates,
requiring employees to contribute part of their pay to a political
fund, influencing subordinate employees to buy tickets to political
fund-raising events and similar events, advising employees to take
part in political activity and matters of a similar nature.
D. Engaging
in political activity while on duty or campaigning on town property.
E. Displaying
political stickers or posters on town owned vehicles or in any town
office.
F. Using
any town owned equipment, supplies, vehicles, space or property for
political purposes.
G. Soliciting
or handling political contributions or participating in any way in
partisan fund-raising activities during work hours.
H. Serving
in connection with, preparation for, organizing or conducting a political
meeting on any partisan political matter or taking any other active
part therein, during work hours.
I. Engaging
in activity at the polls either during primary or general elections,
such as soliciting votes, assisting voters to mark ballots, transporting
or helping voters to the polls on Election Day, unless the employee
has been granted annual leave.
J. Acting
as a recorder, checker, poll watcher or challenger of any party or
candidate, unless the employee is granted annual leave. Serving in
any position of election officer in which partisanship or partisan
political management may be shown.
K. Writing
for publications or publishing any letter or article, signed or unsigned,
soliciting votes in favor of or against any political party or candidate,
during work hours.
L. Initiating
or circulating partisan political nominating petitions during work
hours.
M. Engaging
in political caucuses, or canvassing a district, or soliciting political
support for a party, faction or candidate during work hours.
N. Serving
on or for any political committee, party, or other similar organization
or serving as a delegate or alternate to a caucus or party convention
on the county, state or national level, during work hours.
(Ordinance 18-01 adopted 2018)
A town employee who declares their candidacy for elected office
must comply with the provisions of the federal Hatch Act, 5 USC sections
7321–7328. The Hatch Act prevents any employee from running
for office if the employee’s job is in any way supported by
federal funding.
A. Employees
covered by the provisions of the Hatch Act, 5 USC sections 1501–1508,
may not be candidates for partisan political office elections.
B. Employees not covered by the provisions of the Hatch Act, 5 USC sections 1501– 1508, may be candidates for any partisan political office and must take leave from their position with the town for thirty (30) calendar days immediately prior to the election. Personal leave may be used, if available. Leave without pay may be used, if approved under the provisions of section
3.100.110, “Leave without pay (LWOP)”, of this title.
(Ordinance 18-01 adopted 2018)
The town strives to provide a place of employment free of discrimination
and harassment based on sex, race, religion, color, age, ancestry,
national origin, sexual orientation, gender identity, genetic information,
serious medical condition, disability, spousal affiliation, status
as a veteran, or any protected status as defined in title VII of the
Civil Rights Act of 1964 and the New Mexico Human Rights Act. All
employees and job applicants are entitled to a workplace or recruitment
process that is free from discrimination and/or harassment. Every
town employee has a responsibility to prevent discriminatory harassment
(including sexual harassment) from occurring.
Discriminatory harassment within the workplace will not be tolerated.
All employees are prohibited from engaging in discriminatory harassment
of any other employee or other persons in the course of, or in connection
with, employment. Any employee, including a supervisor or manager,
who is found to have engaged in any form of discriminatory harassment
in the course of his or her employment will be subjected to appropriate
disciplinary action, up to and including termination of employment.
Disciplinary action will vary depending on the severity of the infraction.
The desired standard for town employee conduct and behavior is one
of cooperation, mutual respect, and professionalism.
A. Definitions.
Discrimination in the workplace.
Employment action or employment conditions that result in
unfair or unequal treatment of an individual employee (or group of
employees) based on their membership in a protected class: race, religion,
sex, age, national origin, ancestry, disability, spousal affiliation,
pregnancy, sexual orientation, or serious medical condition, etc.
Harassment.
Any unwelcome or unwanted conduct or behavior that is based
on race, color, sex, religion, national origin, ancestry, spousal
affiliation, sexual orientation, serious medical condition, age, disability
or other protected class and is pervasive or severe and offensive
both to the recipient of the conduct and to a reasonable person.
Retaliation.
The act of attacking in return, as in taking revenge, reciprocating,
settling a score or getting even; negative or adverse action taken
against employee/witness because they report discriminatory harassment
or provide information related to such complaints.
Sexual harassment.
Form of harassment that consists of unwelcome and unwanted
sexual advances, requests for sexual favors, communication of a sexual
nature or other verbal or physical conduct of a sexual nature that
is pervasive or severe which adversely affects a person’s employment
relationship or working environment and is offensive both to the recipient
and to the reasonable person.
B. Reporting
requirements.
It is everyone’s responsibility to
prevent discrimination and discriminatory harassment in the workplace.
Any employee who believes that he or she has either witnessed or been
subjected to any form of discriminatory harassment on the job has
the obligation to take steps to prevent discrimination/harassment
and report such discrimination/harassment immediately to his or her
supervisor and/or department director. Any supervisor/department director
who has been notified of alleged discriminatory harassment must take
immediate action to stop such behavior and report the behavior to
the human resources director immediately. If the offender is the employee’s
supervisor and/or department director, the employee shall report discriminatory
harassment to any other non-involved department director or the human
resources director. Retaliation against an individual who in good
faith reports or provides information in an investigation about behavior
or conduct that may violate the policy is against the law and will
not be tolerated. Failure to report allegations of harassment and
sexual harassment may result in disciplinary action, up to and including
discharge/termination.
C. Investigation
and findings.
Any reported violation of this policy will
be thoroughly investigated. The town will take appropriate disciplinary
action based on the findings of the investigation. An employee whose
behavior, conduct, or actions is determined to be in violation of
this policy is subject to disciplinary action, up to and including
discharge/termination.
(Ordinance 18-01 adopted 2018)
A. The
town will provide employees a non-paid meal period of at least one-half
(1/2) hour but not more than one hour.
B. If
an employee voluntarily chooses to work through their allotted lunch
period, they will not be paid overtime pay and may not leave early
unless authorized in advance by the supervisor/department director.
(Ordinance 18-01 adopted 2018)
Employees will be provided one paid fifteen (15) minute break
during each four (4) hour period worked. Any other allowances for
break times must be requested in writing from the employee and have
prior written approval of the department director.
A. Management
will schedule the employees’ breaks in such a way as to fulfill
the operational needs of the town.
B. Breaks
may not be accumulated or used in connection with meal periods or
taken at the end or beginning of a workday.
(Ordinance 18-01 adopted 2018)
Personal business shall not be conducted during work hours while
on town premises. Town phones and other equipment, including, but
not limited to, copiers, fax machines, vehicles, etc., are to be used
for town business only.
(Ordinance 18-01 adopted 2018)
The town strives to provide a safe and healthy work environment
for all employees in accordance with all applicable state and federal
laws. It is the responsibility of every employee to observe safe working
conditions at all times. Violation of this policy and/or any policy
in the town safety manual will be grounds for disciplinary action,
up to and including discharge/termination. For all safety and health
policy conditions and requirements, refer to the town safety manual.
A. Reporting
unsafe conditions.
Employees should bring unsafe working
conditions, practices or procedures of which they are aware of to
the attention of the supervisor or department director who is responsible
for mitigating or remedying such safety hazards. If an employee believes
he or she is being required to work under unsafe conditions, the employee
shall notify his or her supervisor and/or department director, who
will immediately investigate the condition and take appropriate action.
No employee will be disciplined for refusing to work under unsafe
working conditions if the town has determined that the conditions
are unsafe. If an employee disagrees with the supervisor’s or
department director’s determination as to the safety of the
working conditions, the employee may appeal the determination to the
town manager.
B. Notification
of injury.
Any employee injured on the job must immediately
notify his or her supervisor/department director and, except in the
case of a serious emergency, complete an employee notice of accident/incident
report. If it is necessary for the employee to receive emergency medical
care or treatment the town through the department director/supervisor
will arrange for transportation of the injured employee. The department
director or designee will immediately notify the town manager and
human resources director about the injury by calling/leaving a phone
message or e-mailing.
C. Emergency
care.
In the event an employee is injured on the job
and requires immediate emergency care, the time for the emergency
shall be charged to administrative leave. This leave will be granted
for immediate care through the end of the shift. Additional time may
be approved, if necessary, on a case-by-case basis. A written release
to return to work from a qualified physician will be required before
returning to work and must be submitted to the supervisor/department
director, who will in turn forward a copy to the human resources director
upon receipt. In the case of on-the-job injuries, the town reserves
the right to conduct a preliminary medical investigation at the time
of the incident. Drug testing may be required as per the town personnel
policy.
D. Early
return to work modified work assignment.
An injured employee
may return to work only when his/her treating physician or doctor
releases the employee to return to work with written documentation
which must be provided to the supervisor/department director and human
resources director. An employee will be given “light duty”
only when the town has light duty positions available.
(Ordinance 18-01 adopted 2018)
The town does not tolerate the abuse of drugs and/or alcohol
and strives to maintain a workplace that is free from the effects
of drug and alcohol abuse. Employees are prohibited, under the Drug-Free
Workplace Act of 1988, from the illegal use, sale, dispensing, distribution,
possession, or manufacture of illegal drugs, controlled substances,
narcotics, or alcoholic beverages on town premises or work sites.
Employees are further prohibited from possessing, distributing, selling,
or manufacturing illegal drugs outside of work hours. Employees violating
this policy and any provision herein are subject to disciplinary action,
up to and including termination. Employees shall never operate town
vehicles/equipment or their own personal vehicle on town business
if they are impaired and not fit to drive. Impairments can be from
abuse of alcohol, drug use (illegal, prescription, and over-the-counter
medications), sleepiness/fatigue, headaches, vision problems, medical
conditions, etc. When on-duty operation of town vehicles/equipment
is necessary or job performance is impaired, it is the employee’s
responsibility to immediately notify their department director and/or
supervisor when they are impaired and not fit to drive or operate
town vehicles/equipment. Department directors/supervisors must immediately
suspend the employee from any vehicles/equipment operations or other
safety-sensitive work responsibilities and immediately notify the
HR director in these situations. Failure to report the use of such
drugs or other substances which can impair job performance will result
in disciplinary action.
A. Sale,
use and possession of drugs.
Any employee who illegally
sells, purchases, or transfers drugs or any illegal substance, on
or off duty, shall be discharged/terminated. Any employee who, while
on duty, possesses drugs or any substance in schedules I and II of
the Controlled Substances Act, section 30-31-41 [30-31-1 et seq.]
New Mexico Statutes Annotated 1978, without a valid prescription or
as otherwise authorized by law shall be terminated. Any employee who
is caught consuming alcohol while on duty shall be terminated.
B. Employee
cooperation.
All employees are expected to cooperate
in the testing process. Any conduct that clearly obstructs the testing
process such as tampering with the specimen or the testing procedure
will result in termination of employment.
C. Call-back
duty.
Employees called back to work at a time when they
are off from work and not on on-call duty status, and they have been
consuming intoxicants, those employees shall report this usage to
the person calling them to return for special duty. The person receiving
the notification from the employee shall promptly notify the requesting
supervisor/department director.
D. Employee
categories.
1. Federally
mandated employees.
Federally mandated employees are
those working under the rules of the U.S. Department of Transportation
(DOT) and/or the Federal Motor Carrier Safety Administration (FMCSA).
At the town these are employees whose job requires a commercial driver’s
license (CDL). Federally mandated employees are subject to pre-employment,
post-vehicle accident, random, and reasonable suspicion testing following
the rules and procedures established by DOT and FMCSA.
2. Safety
sensitive employees.
Employees that are in designated
safety sensitive positions are subject to pre-employment, post-accident,
post-vehicle accident, random and reasonable suspicion testing. Designated
safety sensitive positions include, but are not limited to, police
department officers and law enforcement personnel, animal control
officer, fire department employees, public works employees, facilities
services employees, youth and family center employees, emergency management
and events employees. These employees are subject to pre-employment,
post-accident, random, and reasonable suspicion testing following
the rules and procedures established by DOT and FMCSA.
3. Administrative
employees.
All other town employees are subject to post-offer/pre-employment,
post-accident, post-vehicle accident, and reasonable suspicion testing.
E. Drug
testing.
The town has a vital interest in maintaining
safe and efficient working conditions for its employees and citizens.
Employees under the influence of alcohol and/or drugs pose serious
safety and health risks not only to the user but also to those in
contact with the user. Therefore, the town will conduct drug and alcohol
tests in compliance with accepted testing standards in the following
circumstances:
1. Post-offer/pre-employment
testing.
3. Post-vehicle
accident testing.
4. Reasonable
suspicion testing.
F. Categories
for drug and/or alcohol testing.
1. Post-offer/pre-employment
testing.
Prior to employment, the applicant or employee
must submit to testing for alcohol and controlled substances. The
town shall not employ an individual if they refuse to submit to the
drug/alcohol testing or the results indicate a positive drug test
result or breath alcohol greater than .04.
2. Post-accident
testing.
After an accident/incident resulting in any
on the job injury which requires medical attention for the employee(s)
and/or any other person involved, and/or causes the employee to lose
time from work. It is also considered an accident when town property
has been damaged. When an employee is required to submit to a drug
and/or alcohol test, the employee will be driven to the collection
site by the department director or supervisor. Refusal to submit to
the drug/alcohol test will be regarded the same as a positive drug
test result or breath alcohol greater than .04 and the employee shall
be subject to disciplinary action.
3. Post-vehicle
accident testing.
After a vehicle/motorized equipment
accident/incident in which an employee is involved in driving or operating
a town vehicle/motorized equipment and the accident involves a fatality,
or the employee receives a citation under state or local law for a
moving traffic violation arising from the accident; or if any vehicle
had to be towed from the scene; or if any individual involved in the
accident had to be treated for injuries away from the accident site.
When an employee is required to submit to a drug and/or alcohol test,
the employee will be driven to the collection site by the department
director or supervisor. Refusal to submit to the drug/alcohol test
will be regarded the same as a positive drug test result or breath
alcohol greater than .04 and the employee shall be subject to disciplinary
action.
4. Reasonable
suspicion testing.
An employee shall be required to undergo
a drug/alcohol test if there is a reasonable suspicion that the employee
is under the influence of alcohol or drugs. The department director
or a designated supervisor will accompany the employee to the collection
site for testing. Results will be reported to the human resources
department after review and certification by the MRO. Refusal to submit
to a drug or alcohol test shall be deemed cause for immediate termination.
a. Circumstances which constitute a basis for determining “reasonable
suspicion” may include, but are not limited to:
(1) A pattern of employee behavior problems, such as declining work performance,
argumentative, uncooperative, disruptive behavior, or display of abnormal
or erratic behavior (emotional outburst, excessive energy or lethargy,
mood swings);
(2) Information provided by a reliable and credible source (with written
documentation of when and how information was obtained/observed);
(3) Direct observation of drug or alcohol use; or
(4) The presence of typical physical symptoms of drug or alcohol use
(e.g., glassy or bloodshot eyes, alcohol odor on breath, slurred speech,
sleeping on the job, and/or poor coordination and reflexes).
b. Employees who believe that another town employee is under the influence
of alcohol or drugs should immediately report the incident to the
supervisor/department director. If they are not available, or in the
event of immediate danger, contact local law enforcement.
c. The town supervisor/department director will respond immediately
to any report of suspected intoxication or drug/alcohol use on town
premises/worksite during working hours, by investigating the report,
enforcing the “reasonable suspicion” drug testing procedure,
and taking appropriate corrective and disciplinary action up to and
including termination of an employee engaged in such behavior, if
necessary.
5. Random
testing.
Federally mandated and safety sensitive employees
(as defined above) are subject to random testing complying with the
rules and procedures for random testing established by DOT and FMCSA.
6. Random
testing procedures.
The town will require the following
groups to be randomly drug tested as follows:
a. DOT regulated employees: Fifty percent (50%) of workforce per annum
for controlled substances; ten percent (10%) for alcohol.
b. Safety sensitive employees: Twenty-five percent (25%) of workforce
per annum.
G. Positive
test results.
1. Unclassified,
probationary, or temporary employees who test positive for drugs or
alcohol will be terminated.
2. A
classified employee who tests positive for drugs or alcohol is subject
to termination unless they elect to enroll in the town’s employee
assistance program (EAP). Employees who elect to enroll in the EAP
may use their accumulated personal leave to seek treatment. When all
authorized leave is exhausted, they will be placed in a leave without
pay status. Any employee who is not cleared to return to work within
ninety (90) calendar days of referral to the EAP will be terminated.
H. Voluntary
self-referral.
The town strongly encourages any employee
who believes or suspects that they may have a problem with drugs and/or
alcohol to seek help from the human resources department and EAP prior
to any mandated drug and alcohol testing. The initial EAP screening
is free to an employee. Any costs for required additional treatment
shall be borne by the employee. Voluntary self-referrals may use personal
leave and unpaid administrative leave in order to complete the EAP.
Self-referrals must be cleared to return to duty within ninety (90)
calendar days of entering the EAP program or they may be terminated.
1. Non-safety
sensitive employees.
Non-safety sensitive employees will
be referred to the EAP for evaluation. Such employees are expected
to be at work and performing satisfactorily unless they have been
removed from duty by the EAP for treatment.
2. Federally
mandated and safety sensitive employees.
Federally mandated
and safety sensitive employees will be removed from duty, placed in
an appropriate leave status, and referred to the EAP for evaluation.
Such employees may be assigned to a non-federally mandated or safety
sensitive job, if available and approved by the EAP. If assigned to
such a position, the employee is expected to be at work and performing
satisfactorily unless removed from duty by the EAP for treatment.
3. Mandatory
testing during and after the EAP.
Employees enrolled
in the EAP are subject to random drug and alcohol testing. Once an
employee has successfully completed the EAP, they shall be subject
to random drug and alcohol testing in the twelve (12) month period
following their return to work.
I. Failing
to complete the EAP.
An employee who has elected the
EAP in lieu of termination, or who has self-referred to the EAP, who
fails to successfully complete the EAP and all recommended follow-up
treatment will be terminated.
(Ordinance 18-01 adopted 2018)