Town of Dewey Beach, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Commissioners of the Town of Dewey Beach as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Code of Conduct — See Ch. 10.
Police Pension and Retirement Fund — See Ch. 36.
[Adopted 5-12-2000 by Ord. No. 433 (§ 702 of the 1984 Code)]
Every candidate who is seeking employment as a full- or part-time employee with the police or lifeguard departments shall complete and pass testing for alcohol and drugs as a condition of employment, and every full- or part-time employee of the police or lifeguard departments shall be subject to substance testing as set forth hereinbelow as a continuing condition of employment. The testing policy and procedures shall be in accordance with the Workplace Drug and Alcohol Testing Program established by the Delaware Department of Transportation and subsequent amendments thereto or in accordance with any other standards and policies established by ordinance by majority vote of the Commissioners of the Town of Dewey Beach. When interpreting the language of the DELDOT Workplace Drug and Alcohol Testing Program, the name of the Town of Dewey Beach shall be substituted for DELDOT and the program shall apply to the employees of the Dewey Beach Police Department and the lifeguard staff. Part-time officers shall not be privileged to the voluntary rehabilitation sections of the regulations.
Drug and alcohol testing for candidates for employment and full- and part-time employees in the lifeguard and police departments of the Town of Dewey Beach shall be conducted at six stages of employment, as follows:
A. 
Preemployment. Conducted prior to a final employment offer for positions covered by this policy; required for all police and lifeguard applicants. Any candidate who refuses to perform such test and any candidate who fails such tests shall be rejected.
B. 
Post-accident. Conducted after any accident resulting in a fatality, injury resulting in the hospitalization of an injured person, and after any accident that results in damage to any motor vehicle or to any equipment of the Town of Dewey Beach.
C. 
Reasonable suspicion. Conducted when a trained supervisor observes behavior or appearance that is abnormal or erratic and characteristic of alcohol or drug use, when observation is made of alcohol or drug use or possession of alcohol or drugs or drug paraphernalia, when a medical incident or accident appears to be alcohol or drug related, or whenever credible incidents give a reasonable observer reasonable suspicion of alcohol and/or drug use by the subject employee.
D. 
Random. Conducted on a random unannounced basis just before, during, or just after work performance.
E. 
Return-to-duty. Conducted before an individual who has violated the prohibited alcohol or drug conduct standards may return to work.
F. 
Follow-up. Tests are unannounced and up to six tests may be conducted in the first 12 months after an employee returns to duty.
This policy serves as notice for alcohol and drug testing by means of breath, blood and/or urine testing. Each candidate and employee subject to this policy will receive a copy of this policy.
All subject employees are prohibited from engaging in the following activities:
A. 
The possession or consumption of any illegal nonprescription drug as defined in Schedules I through IV of Title 16, Chapter 47 of the Delaware Code, as amended, or any alcoholic beverage while on duty.
B. 
Reporting to work while under the influence of illegal nonprescription drugs defined hereinabove in Subsection A.
C. 
Reporting to work with a blood alcohol concentration of 0.03 or greater, meaning an amount of alcohol in a sample of a person's blood equivalent to 0.03 or more grams of alcohol per 100 milliliters of blood, or an amount of alcohol in a sample of a person's breath equivalent to 0.03 or more grams of alcohol per 210 liters of breath.
D. 
Refusal to submit to an alcohol or drug substance test conducted pursuant to the provisions of this article.
All specimens shall be analyzed for the following drugs: amphetamine, marijuana (THC metabolite), cocaine, opiates (including heroin), phencyclidine (PCP) and all substances described in Schedules I through V as set forth in Title 16, Chapter 47 of the Delaware Code, and as amended.
Substance testing may be accomplished by using evidential breath testing devices, urine and/or blood testing.
A subject employee who refuses to submit to alcohol and/or controlled substance testing is subject to termination of employment. Refusal shall include the following:
A. 
Failure to provide an adequate breath, blood or urine sample for testing without a valid medical excuse immediately after the candidate for employment or the subject employee has received notice of the requirement of a test.
B. 
Obstruction of the testing process by the candidate for employment or the subject employee.
A. 
Full-time subject employees.
(1) 
Each full-time employee whose substance test indicates the use of a controlled illegal nonprescription substance as defined in Schedules I through IV of Title 16, Chapter 47 of the Delaware Code, as amended, shall immediately be suspended from work without pay for a period of two weeks.
(2) 
Each full-time employee whose return to work, follow-up, or subsequent random test within two years from the date of the original failed substance test indicates the use of a controlled illegal nonprescription substance as defined in Schedules I through IV of Title 16, Chapter 47 of the Delaware Code, as amended, shall immediately be terminated from employment.
B. 
Part-time subject employees. Each part-time employee whose substance test indicates the use of a controlled illegal nonprescription substance as defined in Schedules I through IV of Title 16, Chapter 47 of the Delaware Code, as amended, shall immediately be terminated from employment.
A. 
Each employee whose test indicates an alcohol concentration of 0.03 or greater and not more than 0.05 shall be sanctioned as follows:
(1) 
For the first occurrence, a suspension without pay of eight hours;
(2) 
For the second occurrence which occurs within two years of the first occurrence, a suspension without pay of 40 hours;
(3) 
For the third occurrence which occurs within two years of the first occurrence, termination of employment.
B. 
Each employee whose test indicates an alcohol concentration of greater than 0.05 shall be sanctioned as follows:
(1) 
For the first occurrence, a suspension without pay of 40 hours;
(2) 
For the second occurrence which occurs within two years of the first occurrence, a suspension without pay of 80 hours;
(3) 
For the third occurrence which occurs within two years of the first occurrence, termination of employment.
The Town shall pay the costs of alcohol and controlled substance testing except as herein provided.
A. 
The employee shall pay the cost of any tests requested by the employee to confirm the use of alcohol or a controlled substance if the results of the confirmation test are positive.
B. 
The Town shall not be required to pay the costs of evaluating, counseling or rehabilitation which may be required by the Workplace Drug and Alcohol Testing Program established by the Delaware Department of Transportation and subsequent amendments thereto or in accordance with any other standards and policies established by ordinance by majority vote of the Commissioners of the Town of Dewey Beach. The Town shall encourage those who violate the provisions of this article to seek help in overcoming their problems and to return to work as drug-free and alcohol-free employees in accordance with the requirements of this article.