§ 35.105 MANDATORY EMPLOYEE ASSISTANCE PROGRAM; REFERRAL.

   Upon the first confirmed determination that an employee is under the influence of drugs or alcohol, the city shall refer the employee to an Employee Assistance Program (EAP) for assessment, counseling and rehabilitation. All costs associated with the EAP shall be assumed by the employee. Participation in an EAP is voluntary and no disciplinary action may be taken against an employee for failure to begin or complete an EAP program. Disciplinary action based on a violation of the city’s drug and alcohol policy is not automatically suspended by an employee’s participation in an EAP and may be imposed when warranted.

(1994 Code, § 4-511) (Ord. 527, passed 6-27-1995)

§ 35.106 CONFIDENTIALITY OF TEST RESULTS.

   All information from an employee’s drug and alcohol test is confidential and only those individuals with a need to know are to be informed of test results. Disclosure of test results to any other person, agency or organization is prohibited, unless written authorization is obtained from the employee. The results of a positive drug test shall not be released until the results are confirmed. The records of unconfirmed positive test results and negative test results shall be destroyed by the testing laboratory.

(1994 Code, § 4-512) (Ord. 527, passed 6-27-1995)

§ 35.107 LABORATORY TESTING REQUIREMENTS.

   (A)   All drug and alcohol testing of employees shall be conducted at medical facilities or laboratories selected by the city. To be considered as a testing site, a medical facility or laboratory must submit in writing, a description of the procedures that will be used to maintain test samples. This submission should be maintained by the City Manager’s office.

   (B)   Factors to be considered by the city in selecting a testing facility include:

      (1)   Testing procedures which ensure privacy to employees consistent with the prevention of tampering;

      (2)   Methods of analysis which ensure reliable test results, including the use of gas chromatography/mass spectrometry to confirm positive test results;

      (3)   Chain-of-custody procedures which ensure proper identification, labeling and handling of test samples; and

      (4)   Retention and storage procedures which ensure reliable results on confirmatory test or original samples.

(1994 Code, § 4-513) (Ord. 527, passed 6-27-1995)

§ 35.108 DRUG/ALCOHOL SCREENING CONSENT FORM.

   Forms are available from the city.

(1994 Code, § 4-514) (Ord. 527, passed 6-27-1995)

CODE OF ETHICS

§ 35.120 APPLICABILITY.

   This subchapter is the code of ethics for personnel of the city. It applies to all full-time and part-time elected or appointed officials and employees, whether compensated or not, including those of any separate board, commission, authority, corporation or other instrumentality appointed or created by the city. The words “municipal” and “city” or “City of Etowah” include these separate entities.

(Ord. 669, passed 4-23-2007 ; Ord. 848, passed 2-24-2020)

Statutory reference:

   Statutes dictate many of the ethics provisions that apply to municipal officials and employees.

    For provisions relative to the following, see the Tennessee Code Annotated sections indicated:

   -Campaign finance, see Tenn. Code Ann. Title 2, Ch. 10

   -Conflict of interest, see Tenn. Code Ann. §§ 6-54-107, 6-54-108, 12-4-101 and 12-4-102

   -Conflict of interest’s disclosure statements, see Tenn. Code Ann. §§ 8-50-501 et seq.

   -Consulting fee prohibition for elected municipal officials, see Tenn. Code Ann. §§ 2-10-122 and 2-10-124

   -Crimes involving public officials (bribery, soliciting unlawful compensation, buying and selling in regard to office), see Tenn. Code Ann. §§ 39-16-101 et seq.

   -Crimes of official misconduct, official oppression, misuse of official information, see Tenn. Code Ann. §§ 39-16-401 et seq.

   -Ouster law, see Tenn. Code Ann. §§ 8-47-101 et seq.

§ 35.121 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   EMPLOYMENT INTEREST. Includes a situation in which an official or employee or a designated family member is negotiating possible employment with a person or organization that is the subject of the vote or that is to be regulated or supervised.

   PERSONAL INTEREST.

      (1)   For purposes of §§ 35.122 and 35.123, means:

         (a)   Any financial, ownership or employment interest in the subject of a vote by a municipal board not otherwise regulated by state statues on conflicts of interests;

         (b)   Any financial, ownership or employment interest in a matter to be regulated or supervised; or

         (c)   Any such financial, ownership or employment interest of the official’s or employee’s spouse, parent(s), stepparent(s), grandparent(s), sibling(s), child(ren) or stepchild(ren).

      (2)   In any situation in which a PERSONAL INTEREST is also a conflict of interest under state law, the provisions of the state law take precedence over the provisions of this subchapter.

(Ord. 669, passed 4-23-2007 ; Ord. 848, passed 2-24-2020)