[HISTORY: Adopted by the Town Council of
the Town of Georgetown 10-28-1992 by Ord. No. 3001. Amendments noted where
applicable.]
The unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in any Town
of Georgetown offices, in all places where its employees work, including
all town-owned vehicles, and in carrying out any federal grant activity.
As a condition of employment, all employees shall abide by this prohibition.
Violation of such prohibition shall result in personnel action against
the employee as set out in the attached schedule, which shall include
action up to and including termination and/or satisfactory participation
in an approved drug abuse assistance or rehabilitation program.
All violations of the above policy shall be
reported to the Town Manager who shall report the violation to the
appropriate police authority. Personnel action shall be taken in all
cases of a chargeable offense under 16 Del. C. § 4701 et
seq. or comparable federal law; however, a conviction of the charged
offense shall not be necessary to take personnel action against the
employee for a violation of the policy. The employee against whom
such a personnel action is taken shall be entitled to due process
pursuant to applicable law and the rules and regulations of the Town
of Georgetown.
All employees shall notify the Town Manager,
in writing, of any criminal drug statute conviction for a violation
occurring in the workplace no later than five days after such conviction.
Failure of the employee to make such notification shall lead to discipline
in keeping with the attached schedule. Within 10 days of receiving
notice of any employee convicted as described above, the Town Council
of Georgetown shall notify the federal agencies providing grants to
and through the Town Council of Georgetown and any other necessary
agency.
A.
Within 30 days of receiving notice of any employee convicted as described in § 12-3, the Town Council of Georgetown will:
(1)
Take appropriate personnel action against such an
employee, up to and including termination; or
(2)
Require such employee to participate satisfactorily
in a drug abuse assistance or rehabilitation program approved for
such purposes by a federal, state or local health, law enforcement
or other appropriate agency.
B.
Such action may be taken by the town prior to conviction.
By October 31, 1992, the Town Manager shall give each employee a copy of the statement set out in §§ 12-1, 12-2, 12-3 and 12-4, above, and post it prominently throughout the areas where town employees work. Each employee shall sign duplicate copies of the statement; one copy shall be placed in the employee's personnel file, and the other shall be placed in a compliance file for purposes of audit.[1]
[1]
Editor's Note: The Drug-Free Workplace Certification
form is on file in the town offices.
The Town Manager shall establish, and implement
by October 31, 1992, a program to inform employees about:
A.
The dangers of drug abuse in the workplace.
B.
The Town Council's policy of maintaining a drug-free
workplace.
C.
Any available drug counseling, rehabilitation and
employee assistance programs.
D.
The penalties that may be imposed upon employees for
drug abuse violations occurring in the workplace.
