(A) General provisions.
(1) ALCOHOL
shall mean any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and distilled spirits.
(2) APPLICANTS
shall include those individuals applying for full-time, part-time, seasonal positions, and applicants who are former employees and have been separated from employment for more than 90 days.
(3) DRUG
shall include any controlled substance, prescription drug, or any substance qualifying as a drug defined pursuant to I.C. 16-42-19-2.
(4) EXCUSED LEAVE
shall mean a previously scheduled regular day off, vacation, sick or disability leave, family medical leave, bereavement leave, military leave, suspension, or other leave.
(5) FAILURE
shall mean any of the following: a positive test result; a diluted sample; failure to produce an adequate sample; production of a contaminate; or, a failure to appear for the drug screen within the time specified by the town.
(6) REASONABLE SUSPICION
shall mean a good faith belief based on specific articulable facts or evidence that an employee has violated the policy and substance testing could reveal evidence related to that violation. Evidence of tampering, countermeasures, or substituting a test sample shall constitute reasonable suspicion.
(7) The preferred method for alcohol testing is a breath test administered by a qualified breath-test operator as identified in l.C. 9-30-6-5 and 260 IAC 1.1.
(8) A test under this section may include a test for the presence of alcohol or drugs, including metabolites thereof.
(9) An employee who fails a test under this section is subject to discipline, including termination.
(B) Prospective employees.
(1) An applicant for a position with the town, may be offered a conditional offer of employment, which shall beconditioned upon the submission to chemical test, which may be a test of either the blood, breath, urine, or a combination thereof, to be performed at the town's expense (the "drug screen").
(2) If an applicant fails to produce an adequate sample, diluted sample, or a contaminated sample, the applicant may, at his or her own expense and within two hours, submit to a blood test at the applicant's own expense at a facility selected by a town elected official, with the results to provided unconditionally to the town.
(3) A positive drug screen or refusal to submit shall be cause to revoke a conditional offer of employment.
(4) The town's policy on drug and alcohol abuse is as follows:
(a) Unlawful ingestion, possession, sale, or distribution of illicit drugs or controlled substances or simulated use of a controlled substance are prohibited;
(b) An employee's consumption of controlled substances or other drugs, which are unlawful to possess without a prescription, is prohibited;
(c) The undisclosed use of any legal (prescription) drug by any employee which may alter or restrict the employee's physical or mental ability while working is prohibited.
(C) Random drug screens.
(1) Upon passage of this section and periodically thereafter, the Town Council shall select a provider to conduct drug screens (the "provider") on the frequency desired by the town.
(2) The procedures for selection shall be as follows:
(a) Upon passage of this section and, prior to January 31 of each year thereafter, the Clerk-Treasurer shall generate a list of those individuals on the town's payroll, said list containing the individuals full legal name and the last four numbers of their social security number (the "selection pool").
(b) A list of those in the selection pool generated from division (2)(a) above shall then be provided to the provider, with instructions to randomly select a name at least once every six months and instructions to proceeds as set forth herein. Said selections shall occur on a business day.
(c) Upon selection of a name from the selection pool by the provider, the provider shall notify the Clerk-Treasurer of the selected individual.
(d) A selected individual may be excused from testing by the Clerk-Treasurer, if the individual is on an excused leave. The Clerk-Treasurer shall notify the provider if the individual selected is to be excused from testing for the forgoing reason and it shall be in the discretion of the provider to either select another individual at that time or at a later date.
(3) An individual who is selected by the provider for a random drug-screen and is not excused, shall be notified by the Clerk-Treasurer immediately and directed to appear for testing within four hours at the location designated by the provider.
(4) The individual shall provide appropriate identification to the provider or its representative at the drug screen. Appropriate identification shall include: photo identification (e.g., driver's license, passport, or any other picture identification issued by a federal, state, or local government agency); or identification by another who is an elected official of the town.
(5) Upon selecting a name, the provider shall provide a notice to the Town Council, which contains the identity of the person selected and the results. If the person was excused by the Clerk-Treasurer, the report shall so indicate.
(D) Non-random drug-screens.
(1) Employees maybe ordered to take drug tests as a condition of continued employment in order to ascertain prohibited drug and alcohol use, as provided below:
(a) When there is reasonable suspicion that an employee is or has been using drugs, as determined and ordered by either:
1. The Clerk-Treasurer and a concurring member of the Council; or
2. By majority vote of the Council;
(b) As part of a physical exam, as ordered by the Town Council or Clerk-Treasurer; or
(c) As part of a post shooting, accident, use of force, or vehicle crash investigation, when ordered by a member of the Town Council or the Clerk-Treasurer.
(2) An employee ordered to submit to a drug screen under this section, shall do so within four hours; however, if the drug screen is a breath test for alcohol or in conjunction with an vehicle crash, then immediately.
(Ord. 2013-8-12.2, passed 8-12-2013)