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(a) (1) Effective January 1, 1993, the full amount of the statutorily required contributions to the Ohio Public Employees Retirement System (P.E.R.S.) shall be withheld from the gross pay of each person within any of the classes established in division (b) of this section and shall be "picked-up" (assumed and paid to the P.E.R.S.) by the Village. This pick-up by the Village is, and shall be designated as, public employee contributions and shall be in lieu of contributions to the P.E.R.S. by each person within any of the classes established in division (b) of this section. No person subject to this pick-up shall have the option of choosing to receive the statutorily required contribution to the P.E.R.S. directly instead of having it picked-up by the Village, or of being excluded from the pick-up.
(2) The Village shall, in reporting and making remittance to the P.E.R.S. report that the public employee's contribution for each person subject to this pick-up has been made as provided by statute.
(b) The pick-up by the Village provided by this section shall apply to the Mayor, Clerk-Treasurer and all members of Council.
(c) The Village's method of payment of salary to employees is hereby modified, in order to provide for a fringe benefit pick-up of employee contributions to P.E.R.S., as follows: the total salary for each employee shall be the salary otherwise payable under the Village policies. Such total salary of each employee shall be payable by the Village in two parts: deferred salary and cash salary. An employee's deferred salary shall be equal to that percentage of such employee's total salary which is required, from time to time, by P.E.R.S. to be paid as an employee contribution by such employee, and shall be paid by the Village to P.E.R.S. on behalf of such employee as a pick-up for that employee, and shall be payable, subject to applicable payroll deductions, to such employee. The Village shall compute and remit its employer contributions to P.E.R.S. based upon an employee's total salary. The total combined expenditures of the Village for employee's total salaries payable under applicable Village policies and the pick-up provisions of this section shall not be greater than the amounts it would have paid for those items had this provision not been in effect.
(d) The Clerk-Treasurer is hereby authorized and directed to implement the provisions of this section to institute the pick-up of the statutorily required contributions to the P.E.R.S. for those positions provided in division (b) of this section so as to enable them to obtain the result in Federal and State tax deferments and other benefits.
(Ord. 92-254. Passed 8-18-92.)
The Village Administrator is authorized and directed to implement the Drug-Free Workplace Policy, which policy is set forth below:
DRUG-FREE WORKPLACE POLICY FOR THE VILLAGE OF GRAFTON
I. STATEMENT OF POLICY
The Village of Grafton believes that it is very important to provide a safe workplace for all of its employees. The Village is taking steps to address the problem of substance use that negatively affects every workplace, including ours. The Village is concerned with the health and well being of all employees. Behaviors related to substance use can endanger all employees, not just substance users. We can't condone and won't tolerate behaviors on the part of employees that relate to substance use, such as:
a. Use of illegal drugs;
b. Misuse of alcohol;
c. Sale, purchase, transfer, trafficking, use or possession of any illegal drugs;
d. Arrival or return to work under the influence of any drug (legal or illegal) or alcohol to the extent that job performance is affected.
Management is fully committed to our Drug-Free Workplace Policy which establishes clear guidelines for acceptable and unacceptable employee behavior for everyone in the workplace. We will not tolerate substance use in violation of this Policy and intend to hold everyone reasonably responsible for supporting the Policy.
This Policy describes the Village's Drug-Free Workplace Program, and every employee is expected to read and understand it. The Policy applies to every employee including management, and also applies to contractors and subcontractors we may use. The consequences stated in this Drug-Free Workplace Policy will apply to anyone who violates the Policy.
The Village holds all employees accountable in terms of substance use but also supports getting help for employees. Employees who come forward voluntarily to identify that they have a substance problem will receive Village support and assistance. However, if an employee has a substance problem and does not come forward, and the employee then tests positive for drug or alcohol use in violation of this Policy, the Village reserves the right to terminate employment for violation of this work rule. Employees whose jobs are subject to any special law or regulation may face additional requirements in terms of substance use. Other consequences that apply to all employees who violate this Policy are spelled out within this document.
This program will go into effect within 30 days of the announcement of our Drug-Free Workplace Program and this new Policy that describes our program. Our Policy covers five key parts of the Village's Program. The five parts are:
• a written policy that clearly spells out the program rules and how everyone benefits.
• annual substance awareness education for all employees.
• training for supervisors regarding their responsibilities.
• drug and alcohol testing, the most effective way to change harmful behaviors related to substance use.
• employee assistance.
Employees will have the opportunity to receive information about how substance use is a problem affecting the workplace. You will learn the signs and symptoms, dangers of use, and how and where to get help for yourselves and your families. The Village Administrator will be our Drug-Free Coordinator so everyone knows who to go to for information or help. He/she will be responsible for arranging drug and alcohol testing, as needed, and will have a list of resources that employees can turn to for help for themselves and/or their families. He/she will also arrange to get knowledgeable presenters to educate our employees and supervisors about substance use.
Protections for Employees
This program is designed to protect employees from the behaviors of substance users. Some of the protections built into the program are:
• Employee records, like testing results and referrals for help, will be kept confidential. Information will be on a need-to-know basis. Any violation of confidentiality rights is subject to disciplinary action up to and including termination of employment.
• We're committed to employees who have a substance problem getting help. Each situation will be reviewed individually. Employee assistance is available for employees and their families a list of resources available through our Drug-Free Coordinator and posted at Town Hall. We want you to come forward if you have a substance problem and not wait. If you test positive, you're risking losing your job.
• All supervisors will be trained in their duties related to testing before this program begins.
• All employees will receive substance awareness education every year to help identify problems and learn where employees can go for help.
• Collection of urine specimens and breath testing will be done at a local clinic, and urine drug test specimens will be analyzed by a laboratory certified by the Federal government. These labs use the highest level of care in ensuring that results are accurate, and the process that's used is 100% accurate in detecting that the substances that the Village is concerned about are present in the employee in sufficient quantity to lead to behaviors that may hurt the person or other employees. The lab will work closely with our local clinic to ensure fairness and accuracy of every test, and we also have a Medical Review Officer (called an MRO), a trained physician responsible for checking whether there's a valid reason for the presence of the substance in the employee's system. The MRO is an expert in drugs and alcohol use. When the MRO receives positive test results, the MRO will contact the employee and any appropriate health care provider to determine whether there is a valid reason for the presence of the drug in the person's system.
• The testing program consists of an initial screening test. If the initial results are positive, then a second test is used. Cut-off levels for each drug and for alcohol are established for what will be considered a positive test. These levels show that the employee didn't just have a little of the substance in his or her system but enough to affect workplace safety and the ability to do the job. These cut-off levels come from Federal guidelines and are fair for all employees.
Employee Awareness Education:
Every employee will attend a session in which this policy is discussed. You will have a chance to ask questions. We'll give everyone a copy of our written Policy, and everyone will be expected to sign that they received it. Later, we'll have a qualified person explain why and how substance use is a workplace problem, the effects, signs/symptoms of use, effects of commonly used drugs in the workplace, and how to get help. There will be a minimum of two hours of substance education annually for all employees. New employees will hear about the program during orientation and will receive substance education as soon as possible thereafter.
Supervisor Training:
Supervisors will be trained to recognize substance problems that may endanger the employee and others as well as violate this Policy. This training is in addition to the employee education session. Supervisors will be trained about testing responsibilities, how to recognize behaviors that demonstrate an alcohol/drug problem and how to make referrals for help.
Drug and Alcohol Testing:
Testing will be used to detect problems, get employees not to use substances in a way that they violate Village Policy and then allow the Village to take appropriate action to correct the situation. In addition to alcohol, the drugs that we're testing for are:
• Amphetamines (speed, uppers)
• Cocaine (including crack cocaine)
• Marijuana
• Opiates (codeine, heroin, morphine)
• Phencyclidine (PCP, "angel dust")
Employee Assistance:
The Village believes in offering assistance to employees with a substance problem. The Village does not have a rehabilitation program and will not pay for an employee to attend a program, but the Village is supportive of employees taking action on their own behalf to address a substance problem. The Village has a list of local community resources to give to employees who come forward voluntarily to seek help. The list includes places to go for an assessment and for treatment. When an employee has a substance problem, the Policy Coordinator will meet with the employee to discuss the problem and any violation of this Policy. The Village reserves the right to terminate based on a positive test.
II. WHEN WILL A TEST OCCUR?
Employees will be tested for the presence of drugs in the urine and/or alcohol on the breath under any and/or all of the conditions outlined below:
A. Post-Offer, Pre-Employment Medical Examination and Drug Testing
As part of the Village's employment procedures, all applicants will be required to undergo a post-offer, pre-employment medical examination and a drug test conducted by a contractor the Village designates. Any offer of employment depends upon satisfactory completion of this examination and/or screening, and the determination by the Village and its examining physician that the person is capable of performing the responsibilities of the position that has been offered.
B. Reasonable Suspicion Testing
Reasonable suspicion testing will occur when management has reason to suspect that an employee may be in violation of this Policy. The suspicion will be documented in writing prior to the release of the test findings. A reasonable suspicion test may occur based on:
1. Observed behavior, such as direct observation of drug/alcohol use or possession and/or physical symptoms of drug and/or alcohol use;
2. A pattern of abnormal conduct or erratic behavior;
3. Arrest or conviction for a drug-related offense, or identification of an employee as the focus of a criminal investigation into illegal drug possession, use, or trafficking. The employee is responsible for notification of the Village, within five (5) working days, of any drug-related conviction;
4. Information provided either by reliable and credible sources or independently corroborated regarding an employee's substance use; or
5. Newly discovered evidence that the employee has tampered with a previous drug or alcohol test.
Reasonable suspicion testing does not require certainty, but mere ''hunches" are not sufficient to justify testing. To prevent this, all managers/supervisors will be trained to recognize drug and alcohol-related signs and symptoms. Testing may be for drugs or alcohol or both.
C. Post-Accident Testing
Post-accident testing will be conducted whenever an accident occurs, regardless of whether there's an injury. We consider an accident an unplanned, unexpected or unintended event that occurs on our property, during the conduct of our business, or during working hours, or which involves one of our motor vehicles or motor vehicles that are used in conducting company business, or is within the scope of employment, and which results in any of the following:
(i) A fatality of anyone involved in the accident;
(ii) Bodily injury to the employee and/or another person that requires off-site medical attention away from the Village's place of employment;
(iii) Vehicular damage in apparent excess of $750.00; or
(iv) Non-vehicular damage in apparent excess of $500.00.
When such an accident results in one of the situations below, any employee who may have contributed to the accident will be tested for drugs or alcohol use or both.
Drug and/or Alcohol Testing after an Accident
Urine specimen collection (for drugs) or breath/saliva (for alcohol) is to occur as quickly as possible after a need to test has been determined. At no time will a urine specimen be collected after 32 hours from the time of an employment-related incident. Breath or saliva alcohol testing will be performed as quickly as possible but no later than eight hours after the incident, or it will be documented but not performed. If the employee responsible for an employment-related accident is injured, it is a condition of employment that the employee grants the Village the right to request that attending medical personnel obtain appropriate specimens (breath, urine and/or blood) for the purpose of conducting alcohol and/or drug testing. Further, all employees grant the Village access to any and all other medical information that may be relevant in conducting a complete and thorough investigation of the work-related accident including a full medical report from the examining physician(s) or other health care providers. A signed consent to testing form is considered a condition of employment. Management reserves the right to determine who may have caused or contributed to a work-related accident and may choose not to test after minor accidents if there is no violation of a safety or work rule, minor damage and/or injuries and no reasonable suspicion.
D. Follow up Testing after Return-to-Duty from Assessment or Treatment
This test occurs when an employee who has previously tested positive and the decision is made to not terminate the employee under a “last-chance” agreement. A negative return-to-duty test is required before the employee will be allowed to return to work. If the employee fails this test, this will lead to termination of employment. Once an employee passes the drug and/or alcohol test and returns to work, management may choose to do additional unannounced tests for as long as we deem necessary. Any employee with a second positive test result will be terminated. Follow-up tests will be unannounced and may occur at any time for a time period that management considers reasonable. The intent is to deter any subsequent usage that would result in a violation of our Policy and result in termination of employment.
III. SUBSTANCES TO BE TESTED FOR AND METHODS OF TESTING
The procedure that the Village is relying on is called systems presence testing. This is how qualified testing professionals identify the presence of one or more of prohibited controlled substances or alcohol that may be present in the employee. There is an initial screening test. If it's negative, then a negative test is declared. If the initial test is positive (comes in at or higher than the cut-off level), a second test called a “confirmatory” test is done. This is a different test and is considered 100% accurate by experts and in court. Cut-off levels are standards that have been established for each of the tested drugs after years of research. These levels will be used to interpret all drug screens/tests, whether for a pre-employment examination, reasonable suspicion test, post-accident test or follow up test.
Breath alcohol testing will be conducted by a medical clinic that uses only certified equipment and personnel. Breath alcohol concentrations exceeding .04 will be considered a verified positive result, in the event of an accident where an employee has “whole blood” alcohol drawn at a medical treatment facility, a result equal to or greater than .04 shall be considered to be a verified positive result. An Evidentiary Breath Test (EBT) will typically be used to confirm any initial positive test result. The Company also reserves the right to add or delete substances on the list above, especially if mandated by changes in existing Federal, State or local regulations or laws.
An employee who adulterates, attempts to adulterate or substitutes a specimen or otherwise manipulates the testing process will be terminated. A refusal to produce/provide a specimen is considered a positive test unless there's a verifiable medical reason that the specimen could not be produced.
IV. SPECIMEN COLLECTION PROCEDURE
Urine specimens and breath testing will be conducted by trained collection personnel who meet standards for urine collection and breath alcohol testing. Confidentiality is required from our collection sites and labs. Employees are permitted to provide urine specimens in private, but subject to strict scrutiny by collection personnel so as to avoid any alteration or substitution of the specimen. Breath alcohol testing will likewise be done in an area that affords the individual privacy. In all cases, there will only be one individual tested at a time. Failure to appear for testing when scheduled shall be considered refusal to participate in testing, and will subject an employee to the range of disciplinary actions, including dismissal, and an applicant to the cancellation of an offer of employment. An observed voiding will only occur if there is grounds for suspecting manipulation of the testing process.
V. REVIEW OF TEST RESULTS
To ensure that every employee who is tested is treated fairly, we have hired a Medical Review Officer (“MRO”). The MRO is a doctor with a specialized knowledge of substance abuse disorders and will be able to determine whether there are any valid reasons for the presence in the employee's system of the substance that was tested positive.
VI. EMPLOYEES' RIGHTS WHEN THERE'S A POSITIVE TEST RESULT
An employee who tests positive under this Policy will be given an opportunity to explain the findings to the MRO prior to the issuance of a positive test result to the Company. Upon receipt of a confirmed positive finding, the MRO will attempt to contact the employee by telephone or in person. If contact is made by the MRO, the employee will be informed of the positive finding and given an opportunity to rebut or explain the findings. The MRO can request information on recent medical history and on medications taken within the last thirty days by the employee.
If the MRO finds support in the explanation offered by the employee, the employee may be asked to provide documentary evidence to support the employee's position (for example, the names of treating physicians, pharmacies where prescriptions have been filled, etc.). A failure on the part of the employee to provide such documentary evidence will result in the issuance of a positive report by the MRO with no attendant medical explanation. A medical disqualification of the employee will result. If the employee fails to contact the MRO as instructed, the MRO will issue a positive report to the Company.
VII. REPORTING OF RESULTS
All test results will be reported to the MRO prior to the results being issued to the company. The MRO will receive a detailed report of the findings of the analysis from the testing laboratory. Each substance tested for will be listed along with the results of the testing. The company will receive a summary report, and this report will indicate that the employee passed or failed the test. All of these procedures are intended to be consistent with the most current guidelines for Medical Review Officers, published by the Federal Department of Health and Human Services.
VIII. STORAGE OF TEST RESULTS AND RIGHT TO REVIEW TEST RESULTS
All records of drug/alcohol testing will be stored separately and apart from the employee's general personnel documents. These records shall be maintained under lock and key at all times. Access is limited to designated company officials. The information contained in these files shall be utilized only to properly administer this Policy and to provide to certifying agencies for review as required by law. Designated company officials that shall have access to these records are charged with the responsibility of maintaining the confidentiality of these records. Any breach of confidentiality with regard to these records may be an offense resulting in termination of employment. Any employees tested under this Policy have the right to review and/or receive a copy of their own test results. An employee may request from the Drug-Fee Coordinator, in writing, presenting a duly notarized Employee Request for Release of Drug Tests Results form, requesting that a copy of the test be provided. The company will use its best efforts to promptly comply with this request and will issue to the employee a copy of the results personally or by U.S. Certified Mail, Return Receipt Requested.
IX. POSITIVE TEST RESULTS
Employees who are found to have a confirmed positive drug or alcohol test will be immediately taken off safety-sensitive duties and are subject to discipline up to and including termination.
X. TERMINATION NOTICES
In those cases where substance testing results in the termination of employment, all termination notices will list “misconduct” as the reason. Termination shall be deemed “for cause.”
Date:
ACKNOWLEDGMENT OF RECEIPT OF DRUG-FREE WORKPLACE POLICY
Signing this form acknowledges that the employee has received a copy of the Village of Grafton's Drug-Free Policy, has had the opportunity to discuss the Policy and have questions answered, and understands all of the provisions in the Policy. Although it reflects the Village's current Policy regarding substance use, it may be necessary to make changes from time to time to best serve the needs of our organization. However, any changes deemed necessary will be made in writing, and the modified Policy will be shared with every employee.
By my signature below, I acknowledge that I have received a copy of the drug-free Policy of the Village. I understand that it is my obligation to read, understand and comply with the procedures and provisions contained within this Policy.
Date Signed Employee's Signature
Witness Signature Printed Name of Employee
CONSENT & RELEASE FORM FOR EMPLOYEES/APPLICANTS
I, , (applicant or employee name), as an employee/applicant of the Village of Grafton, hereby acknowledge that the Company's policy requires me to submit to urine drug testing and/or breath alcohol testing.
I further understand that the purpose of this analysis is to determine or rule out the presence of non-prescribed or prohibited dangerous controlled substances in my system.
I hereby freely and voluntarily consent to this request for a urine sample and/or breath alcohol test, and agree to participate in the testing program.
I hereby and herewith release the Village, its employees, agents and contractors from any and all liability whatsoever arising from this request for testing, from the actual testing procedures, and from decisions made concerning my application for or continuation of employment based on the results of the analysis.
I agree to cooperate in all aspects of the testing program.
I hereby authorize the release of my drug and/or alcohol test results to the contractor's Medical Review Officer (MRO), and/or to the Village's examining physician, as provided by the Village of Grafton's Policy.
I further acknowledge that the Village has provided me with an opportunity to ask questions related to its drug and alcohol testing program and that all my questions have been answered.
Employee/Applicant Signature:
Employee/Applicant Printed Name:
Signature of Witness Signature
Printed Name of Witness:
Date of Signatures:
REPORT OF SUSPECTED JOB-RELATED DRUG/ALCOHOL USE
The individual identified below is suspected of failing to comply with the Village of Grafton's Drug-Free policy.
Employee Name: Location:
List below all of the behaviors observed by the supervisor that created a concern that the employee named above might be in violation of the Village's drug-free policy.
If there were observable changes in the employee's job performance, list these behaviors below.
List below any physical signs or symptoms of possible substance use that the employee exhibited.
Eyes:
Coordination:
Speech:
Other:
Other Pertinent Observations:
Name of Supervisor Reporting:
Title of Supervisor:
Name of Any Other Supervisor/Management Witness:
Position:
Date: Time: Shift:
Testing Ordered: Yes Employee Consent: /Yes Date Tested: Alcohol
No Consent Obtained: /No Drugs
MRO Findings:
Follow-up Actions Taken:
Village Official's Signature: Date:
SAMPLE LAST CHANCE AGREEMENT
On , the Village's Drug-Free Coordinator, and Mayor agreed to your request to seek counseling and referral to a rehabilitation program for alcohol and drug use. The following conditions apply to your rehabilitation program:
1. You must authorize to provide proof of enrollment in an alcohol/drug abuse rehabilitation program and proof of attendance at all required sessions on a monthly basis to the Village's Drug-Free Coordinator. The Village will closely monitor your attendance and will terminate your employment (cancel this agreement) if you do not regularly attend all required sessions.
2. You will pay for all costs of rehabilitation that are not covered under the Village's benefits plan.
3. During the month/months following completion of your rehabilitation program, the Village may test you for alcohol and/or drug use on an unannounced basis to determine if you are in compliance with the Village's drug-free policy. The Village will promptly terminate your employment if you refuse to submit to testing or if you test positive during this period.
4. You must meet all established standards of conduct and job performance. The Village will terminate you if your on-the-job conduct or job performance is unsatisfactory. Satisfactory performance includes ongoing compliance with the Village's drug/alcohol testing policy, including testing if there is reasonable suspicion of a violation of the prohibition of use.
5. Nothing in this agreement alters your employment status. The Village hopes its employment relationship with you will be a happy and enduring one. Nevertheless, you remain free to resign your employment at any time for any or no reason without notice. Similarly, the Village reserves the right to terminate you, for any or no reason, without notice. No one can alter your at-will status except the Mayor, in writing.
I voluntarily agree to all of the above conditions and authorize to provide the Village Drug-Free Coordinator with proof of my enrollment and attendance at the recommended rehabilitation program.
Date Agreement Signed Company Name
Employee Signature Company Representative Signature
Signature of Witness Signature of Witness
(Ord. 94-017. Passed 8-16-94; Ord. 96-015. Passed 11-3-96; Ord. 09-004. Passed 2-17-09.)
(a) Objectives; Application. The Village of Grafton is required by Federal regulations to implement an alcohol and controlled substance testing program for drivers of commercial motor vehicles. The following policy has been adopted by the Village in compliance with said regulations in order to reduce highway accidents resulting from the use of controlled substances and to protect the safety and well being of the public, contractors and their employees. This policy will apply to all employee drivers and independent contractors who wish to enter into contracts to drive for the Village, and to their employees, as well as to all incumbent contractor/drivers and their employees, effective January 1, 1996. This policy describes and summarizes the regulations found in the Federal Motor Carrier Safety Regulations (FMCSR), Parts 382 and 40. These Regulations should be referenced with respect to any questions that may arise from the policy that follows. With respect to division (g) of this section, the Village of Grafton has supplemented the Regulations regarding suspension and termination.
(b) General Policy Statement. An alcohol-free and drug-free work force is critical for the Village and is in the best interest of public safety. The driver who uses alcohol and/or drugs is a hazard to himself or herself, to other workers and to the general public. It is the Village's policy that alcohol misuse on the job and drug users be quickly identified and removed from the work environment.
(c) Applicability. This policy and the regulations that require it shall apply to all persons who operate commercial motor vehicles in commerce and are subject to the commercial driver's license requirements found in Part 383 of the Regulations.
(d) Definitions. As used in this section:
(1) “Alcohol” means the intoxicating agent in beverage alcohol, ethyl alcohol or other alcohols, including methyl and isopropyl alcohol.
(2) “Alcohol concentration” means the alcohol in a volume of breath in tens of grams of alcohol in 210 liters of breath as indicated by an evidential breath test as described in this policy.
(3) “Alcohol use” means the consumption of any beverage, mixture or preparation, including medication, which contains alcohol.
(4) “Breath Alcohol Technician” or “BAT” means an individual who instructs and assists persons in the alcohol testing process and operates an EBT (Evidential Breath Testing) device.
(5) “Collection site person” means a person who instructs and assists individuals at the collection site and who receives and renders an initial examination of urine specimens.
(6) “Company.” See “Employer.”
(7)` “Confirmation test” means:
A. For alcohol, a second test, following a screening test with a result of 0.02 or greater, that provides quantitative results of alcohol concentration.
B. For controlled substances, a second analytical procedure to verify the presence of a specific drug. NOTE: the GC/MS (gas chromatography/mass spectrometry) method is the only authorized method for the drugs covered in this policy and defined in division (d)(8) of this section.
(8) “Controlled substances” means marijuana, cocaine, opiates, amphetamines and phencyclidine (PCP).
(9) “Drivers subject to testing” means all employee drivers and contract drivers under contract for 90 days or more in any 365-day period and employees of said contractor.
(10) “Drug” means a controlled substance as defined above, as well as any other illegal substance or drug.
(11) “Employer” means any person (including the United States, a state, the District of Columbia or a political subdivision of a state) who or which owns or leases a commercial motor vehicle or assigns persons to operate such a vehicle, including agents, officers and representatives (including authorized third-party service providers) of the Village.
(12) “Medical review officer” means a licensed doctor of medicine or osteopathy with knowledge of drug abuse disorders who is employed or used by the Village to conduct drug testing in accordance with Federal law. The medical review officer shall be responsible for receiving laboratory results generated by the Village's drug-testing program and shall have been medically trained to interpret and evaluate any individual's positive test result, together with his or her medical history and any other relevant biomedical information.
(13) “Performing a safety-sensitive function” means a driver is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform or immediately available to perform any safety-sensitive function as defined in division (d)(16) of this section.
(14) “Reasonable suspicion” means the belief that a driver has violated the alcohol or controlled substances prohibitions, based on specific, contemporaneous and articulable observations concerning the appearance, behavior, speech or body odors of the driver.
(15) “Refusal to submit (to an alcohol or controlled substance test)” means that a driver:
A. Fails to provide adequate breath for testing without a valid medical explanation therefor after he or she has received notice of the requirement for breath testing;
B. Fails to provide adequate urine for controlled substances testing without a valid medical explanation therefor after he or she has received notice of the requirement for urine testing; or
C. Engages in conduct that clearly obstructs the testing process.
(16) “Safety-sensitive function” means any of the on-duty functions described in Section 395.2 of the Regulations and as described below:
A. All time, at any facility owned or otherwise, while waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier.
B. All time inspecting equipment as required by the Regulations.
C. All driving time as defined in the Regulations.
D. All time, other than driving, in any commercial motor vehicle, except time spent resting in a sleeper berth.
E. All time loading or unloading a vehicle or supervising or assisting in the process.
F. All time spent performing the requirements specified in Sections 392.40 and 392.41 of the Regulations relating to accidents.
G. All time repairing, obtaining assistance for, or remaining in attendance upon, with a disabled vehicle.
H. All time spent providing a breath or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident or follow- up testing required by this policy, when directed by the motor carrier.
I. Performing any other work in the capacity of, or in the employ or service of, a common, contract or private carrier.
J. Performing any compensated work for any non-motor carrier entity.
(17) “Substance Abuse Professional” or “SAP” means a licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional or additional counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders.
(e) Alcohol and Controlled Substance Testing.
(1) Pre-employment requirements.
A. All drivers who the Village intends to employ or enter into a contract with will be tested for the use of alcohol and controlled substances prior to the first time a driver performs a safety- sensitive function for the Village.
B. Such drivers will be notified that a breath and urine sample will be tested for the presence of alcohol and controlled substances.
C. The Village will not allow a driver to perform a safety-sensitive function unless the results of the breath alcohol test indicates a breath alcohol level of less than 0.02 and unless the Village has received a controlled substance test result from the medical review officer indicating a verified negative test.
D. If the results of a driver's alcohol test indicate a breath alcohol concentration of 0.02 or greater, but less than 0.04, the driver will not be permitted to perform safety-sensitive functions until the start of the driver's next regularly-scheduled duty period, but not less than 24 hours following the administration of the test.
E. Any individual who refuses to submit to a controlled substance test or who tests positive for a controlled substance shall be deemed medically unqualified to operate a commercial vehicle and shall not be offered employment or a contract to drive for the Village.
(2) Reasonable suspicion testing.
A. The Village will require drivers to be tested for the use of alcohol and controlled substances upon reasonable suspicion. (Reasonable suspicion testing carries different procedures for alcohol and controlled substances. Please refer to Part 382 and Part 40 of the Regulations for more detail regarding this portion of the policy and the Regulations.)
B. 1. Conduct by drivers constituting reasonable suspicion must be witnessed by one supervisor. This observation for alcohol must be based on specific, contemporaneous and articulable observations concerning the appearance, behavior, speech or body odors of the driver. The observation for controlled substances may include indications of the chronic and withdrawal effects of controlled substances.
2. The Village must ensure that persons designated to determine whether reasonable suspicion exists, so as to require a driver to be tested for alcohol and/or controlled substances, receive a minimum of sixty minutes of training on alcohol misuse and a minimum of sixty minutes of training on controlled substance misuse.
C. Reasonable suspicion testing shall be authorized only if the observation as described in division (e)(2)B. of this section above is made during, just before or just after the driver has been, will be or was performing a safety-sensitive function.
D. Once a driver has been notified that a reasonable suspicion test will be conducted, such test shall take place within two hours of issuance of the notice. If the test is not accomplished by the Village within two hours, a written record shall be made stating the reasons the alcohol test was not promptly administered. If the test has not been accomplished within eight hours following notification, the Village shall stop its attempt to administer the test and make and retain in its files a record of the reasons the alcohol test was not properly administered.
E. A written record shall be made documenting the driver's conduct with respect to an alcohol and/or controlled substance reasonable suspicion and must be signed by the supervisor or company official who observed the behavior.
F. The possession of alcohol does not constitute a need for a reasonable suspicion test as set forth in divisions (e)(2)A. to E. of this section. Reasonable suspicion must be based on observations concerning the driver's appearance, behavior, speech or body odors.
(3) Random testing.
A. The Village shall utilize a random selection process to select and request drivers to be tested for the use of alcohol and controlled substances.
B. The random tests conducted annually for controlled substances shall equal or exceed fifty percent of the driver positions available, and random alcohol tests conducted annually shall equal or exceed twenty-five percent of the driver positions available.
C. A driver shall only be tested randomly for alcohol when he or she is performing safety-sensitive functions or immediately prior to or after performing a safety-sensitive function.
D. Drivers must submit to these tests when selected by a random selection process utilized by the Village. These tests will not be announced in advance and will be spread reasonably throughout the year.
E. After a driver is randomly selected for a test, the driver must immediately proceed to the testing site upon notification of being selected.
F. Once a driver is notified of the requirement to take a random alcohol and/or controlled substance test, provided that the driver was performing a safety sensitive function at the time of the notification, the Village will ensure that the driver ceases to perform the safety-sensitive function and proceeds to the testing site as soon as possible.
G. If a driver who has been randomly selected for a test is on vacation or an extended medical absence, the Village may either select another driver (alternate) for testing or keep the original selection confidential until the driver returns.
(4) Post-accident testing. Nothing in this policy (or in the Regulations) should be construed as to require the delay of necessary medical attention for injured persons following an accident, or to prohibit a driver from obtaining assistance as needed to respond to the accident or to obtain necessary emergency medical care.
A. Drivers shall provide a breath and urine sample to be tested for the use of alcohol and controlled substances as soon as possible following an accident involving a fatality or a recordable accident in which the driver receives a citation for a moving traffic violation.
B. A post-accident test must take place within two hours of the accident or as soon as practical. If the alcohol test is not accomplished within two hours by the Village, a written record shall be made stating the reasons the alcohol test was not promptly administered. If the test has not been accomplished within eight hours following the accident, the Village shall stop its attempt to administer the alcohol test and make and retain in its files a record of the reasons the alcohol test was not properly administered.
C. If a driver has not submitted to a controlled substance test within 32 hours of the accident, the Village shall stop its attempt to administer the controlled substance test and make and retain in its files a record of the reasons the test was not properly administered.
D. A driver who is seriously injured and cannot provide a specimen at the time of the accident shall provide the necessary authorization for obtaining medical reports and other documents which would indicate whether there were any alcohol or controlled substances in his or her system at the time of the accident.
E. The Village may use, by permission from the Federal Highway Administration, post-accident tests conducted by Federal, State and local officials, and such tests shall be deemed to meet the requirements of this section under the following conditions:
1. The official must have independent authority to conduct the test;
2. The test must conform to Federal, State and local requirements;
3. The alcohol test must require blood or breath samples; and
4. The controlled substances test must require a urine sample.
F. A driver who is subject to post-accident testing must remain available or the Village will consider the driver to have refused to submit to testing.
(5) Return-to-duty and follow-up testing.
A. The Village shall ensure that before a driver returns to duty requiring the performance of safety-sensitive functions, after engaging in prohibited conduct regarding alcohol misuse and/or controlled substance use, the driver shall be tested for alcohol and/or controlled substances. In order to return to duty, a driver must test negative for substance abuse and have a breath alcohol concentration of less than 0.02.
B. In the event that a driver is required to complete a return-to- duty test, the driver must also be evaluated by a substance abuse professional (SAP) and participate in the assistance program prescribed by the SAP.
C. Follow-up testing should be performed by the Village on an unannounced basis as instructed by the SAP. A driver shall be subject to a minimum of six follow-up controlled substance and/or alcohol tests in the first twelve months. Alcohol follow- up tests shall only be administered when the driver is performing a safety-sensitive function, either immediately prior to or after the safety-sensitive function is performed.
(f) Alcohol and Controlled Substance Prohibitions.
(1) No driver shall perform a safety-sensitive function while having a breath alcohol concentration of 0.02 or greater.
(2) No driver shall perform safety-sensitive functions within four hours after using alcohol. No employer having actual knowledge that a driver has used alcohol within four hours shall permit a driver to perform or continue to perform safety-sensitive functions.
(3) No driver shall possess any quantity of alcohol while on duty unless the alcohol is manifested and transported as a part of the load. This includes any medicines, both prescription and over-the-counter, that contain alcohol, unless the packaging seal is unbroken.
(4) No driver shall use alcohol while performing a safety-sensitive function.
(5) When involved in an accident that requires a post-accident alcohol test, the driver shall not use alcohol within eight hours of the accident or prior to submitting to the post-accident test, whichever comes first.
(6) No driver shall refuse to submit to an alcohol or controlled substance test as required by this policy. Any refusal shall be treated in the same manner as a positive alcohol or substance abuse screen.
(7) No driver shall perform a safety-sensitive function when the driver uses controlled substances, except when prescribed by a physician who has determined that the substance will not adversely affect the driver's ability to safely drive a commercial motor vehicle.
(8) No driver shall perform a safety-sensitive function if the driver has tested positive for controlled substances.
(g) Consequences of Alcohol Misuse and Drug Use.
(1) Drivers who are known to have engaged in behavior prohibited by this policy shall be suspended or terminated. The Village shall determine which option is in the best interests of the Village.
(2) Drivers who are suspended shall be informed by the Village of resources available to them to resolve their problem of alcohol misuse or drug use. Any period of inpatient drug or alcohol treatment prescribed for or chosen by the driver which results in missed work days shall be covered by the employee's sick days and/or vacation. Under no circumstances shall the Village be held financially responsible for any of the driver/employee's treatment costs or missed work days.
(3) Following return to work, drivers shall be evaluated by a substance abuse professional (SAP) on what course of action is needed to assist the driver in resolving his or her problem with alcohol misuse and drug use. The SAP will monitor the driver's rehabilitation to determine if the driver has followed the prescribed program. This portion of the policy is provided as information only. It does not indicate that the Village is required to rehabilitate a driver who has tested positive with respect to alcohol or controlled substances. The Village will consider drivers who test positive to be medically unqualified and such drivers shall be disqualified from driving for the Village.
(h) Supervisor Training.
(1) The Village will designate and provide training to supervisors in the recognition of observable behavior that is indicative of misuse of alcohol and controlled substance use. Sixty minutes of training shall be provided for both alcohol misuse and controlled substance use, for a total of 120 minutes.
(2) The prescribed training shall include a review of physical behavior, speech and performance indicators consistent with alcohol misuse and controlled substance use.
(i) Procedures.
(1) Drug-testing requirements. The Village is required by Federal regulations to test for alcohol, marijuana, cocaine, opiates, amphetamines and phencyclidine. The Village may, however, upon reasonable cause, require drivers to be tested for other illegal drugs. In such event, a second urine sample will be provided by the driver.
(2) Preparation for testing.
A. Controlled Substances.
1. A urine sample will be used for ail controlled substance tests provided for herein.
2. “Split sample” procedures will be used as outlined in Part 40 of the FMCSR for all controlled substance tests conducted on or after August 15, 1994. Under this provision, a driver whose urine sample has tested positive for a controlled substance has the option (within seventy-two hours after being notified by the medical review officer) of having the remaining portion of the split sample tested at another laboratory at the driver's own cost. If the second test produces negative results, the test is considered negative and no further sanctions are imposed.
3. A standard urine custody and control form will be used.
4. A tamper-proof system for sealing specimen bottles will be used.
5. A special shipping container designed to prevent undetected tampering will be used.
6. Procedures, instructions and training for the collection site will be provided by the Village or the third-party vendor selected by the Village to provide this service.
B. Alcohol.
1. A breath sample will be used for all alcohol tests required and provided for herein.
2. All Breath Alcohol Technicians (BATs) will be trained in proficient operation of the EBT and in the alcohol testing procedures contained in Part 40 of the Regulations, either by the Village or the third-party vendor providing this service for the Village.
3. The Village (or its third-party vendor) will conduct alcohol testing in a location that allows visual and actual privacy to the individual being tested, sufficient to prevent unauthorized persons from seeing or hearing test results.
4. No unauthorized persons will be permitted access to the testing location when the EBT remains unsecured, or in order to prevent such persons from seeing or hearing a test result at any time when testing is being conducted.
5. The Village will use the breath alcohol testing form as prescribed in Part 40 of the Regulations. A log book shall be used for an EBT used for screening tests that does not meet the requirements of Part 40.53(b) 1-3.
C. Specimen collection.
1. A collection site will be designated by the Village.
2. Security measures will be taken to prevent unauthorized access which could compromise the integrity of the collection process or the specimen.
3. The chain of custody of the urine specimen will be carefully documented.
4. Special precautions will be taken to ensure that access to urine specimens is restricted to authorized personnel.
5. Procedures for collecting urine specimens will allow individual privacy, except under circumstances indicating that a particular individual may alter or substitute the specimen as defined by Federal regulations.
6. Rules designed to preserve the integrity and identity of urine specimens will be carefully followed.
7. Controlled collections and transportation of collections to the laboratory will be handled by the Village or its third- party vendor pursuant to all applicable sections of the Federal regulations.
(j) Reporting and Review of Results.
(1) A medical review officer will review the controlled substance testing results prior to transmission of the results to the Village.
(2) Prior to final verification of positive test results, the medical review officer will give the driver an opportunity to discuss the test results.
(3) The Village's contracts with laboratories will require the laboratory to maintain all drivers' test records in confidence as required by Department of Transportation agency regulations.
(4) Any driver who is the subject of a drug test shall, upon written request, have access to any records relating to his or her drug test and any records relating to testing results as described below.
(5) The Village will only use laboratories certified under the Department of Health and Human Services Mandatory Guidelines for Federal Workplace Drug Testing and Program.
(k) Notification of Test Results and Record Keeping.
(1) The Village will notify a driver of the results of a pre-employment alcohol and/or controlled substance test, provided that the driver requests said test results within sixty days of being notified of the Village's decision as to whether or not it will enter into employment or lease contract with him or her.
(2) The Village will notify incumbent drivers of the results of random, reasonable suspicion and post-accident alcohol and/or controlled substance tests, provided that the results were positive, and will also advise the driver of what controlled substance was detected or what alcohol level was discovered.
(3) All records relating to the administration and results of the alcohol and drug testing program will be maintained for a minimum period of five years, except that individual negative, canceled or alcohol tests of less than 0.02 results need only be maintained for a minimum of twelve months.
(4) All records related to the collection process and required training shall be retained for a minimum period of two years.
(5) A medical review officer will serve as the sole custodian of individual test results and will retain the reports of individual test results for a minimum of five years.
(6) The Village will retain in its files information which will indicate only the following:
A. That the driver submitted to a controlled substance test;
B. The date of the test;
C. The location of the test;
D. The identity of the person conducting the test; and
E. Whether the test finding was positive or negative.
(l) Release of Testing Information by Previous Employers.
(1) The Village may obtain from any previous employer of the driver information related to the driver's participation in an alcohol and drug testing program. The Village will obtain written permission from the driver to acquire this information.
(2) The Village will obtain and review the information listed below from any previous employer for which the driver performed safety- sensitive functions in the previous two years. The Village will request and review this information within fourteen days after the driver first performs a safety-sensitive function. The information will include:
A. Any breath alcohol tests that indicated concentrations of 0.04 or greater;
B. Positive controlled substance tests; and
C. Any refusals to submit to a required alcohol or controlled substance test.
(3) The Village will provide the previous employers of the past two years with the driver's written consent to release the information upon request. The Village may obtain the information via personal interview, telephone interview, letter or other method, as long as measures are taken to ensure confidentiality. The Village will maintain a written, confidential record with respect to each of the past employers contacted.
(4) The Village will not use a driver to perform safety-sensitive functions if the Village obtains information indicating the driver has tested positive for controlled substances, tested at or above 0.04 breath alcohol concentration, or refused to test, unless the employer has evidence that the driver has been evaluated by a SAP, completed any required counseling, passed a return-to-duty test and been subject to follow-up testing.
Figure 1
RELEASE AND CONSENT STATEMENT
I hereby certify that I have read the above alcohol and controlled substance testing policy and fully understand the terms thereof. I also allow, by way of my signature on this document, for the Village of Grafton to investigate my background and history with respect to alcohol and controlled substance testing as directed by Part 382 of the Federal Motor Carrier Safety Regulations.
I further agree to comply with the procedures and requirements set forth in the policy and acknowledge that should I fail or refuse to comply with said procedures, equipment, policies and regulations, I shall be considered medically unqualified to drive, and my contractual lease agreement or employment with the Village may be terminated.
Signature
Date
Figure 2
RECORD OF SUBSTANCE ABUSE EDUCATION AND TRAINING
This document certifies that on the date identified below, I
Employee's Name (Please Print)
did receive alcohol misuse and controlled substance abuse education, training and other information detailing the Village of Grafton's alcohol and drug-testing program.
Date of Training Location of Training
Signature of Employee Employee's Social Security Number
Signature of Trainer
This education and training material fulfills the requirements for training and education as set forth by Department of Transportation (USDOT) Mandatory Alcohol and Drug Testing Regulations found in FMCSR, Parts 382 and 40.
(Ord. 96-019. Passed 12-3-96.)
The on-call schedule and compensation policy set forth below is adopted for the Village EMS personnel.
(a) EMS on-call staffing hours: 6:00.a.m. to 6:00 p.m., consisting of three-hour shifts.
(b) Signup will be based on level of training, seniority when more than two people sign up for a shift. If multiple staff sign up for the same day staff will be contacted by the EMT coordinator. Signing up for a shift must be done in pen.
(c) The signup for shift calendar will be out one month in advance with the deadline being on the 15th of each month. On the 22nd of each month the new schedule will be posted at Station 1 on the front desk.
(d) EMS personnel on call for the shift must be within Grafton Village for the time frame on call. Must arrive on the scene within 8-10 minutes from the time of call, with the correct vehicle.
(e) On-call staff will be responsible for making the calls they sign up for. If they are unable to work their shift, they must notify the Chief or EMT coordinator and the other on-call personnel. If they fail to show up for their on-call shift they will not be paid for the entire scheduled time that day.
(f) Responding unit is responsible for mutual aid if needed. LifeCare is the primary mutual aid. Responding unit will make the decision to cancel mutual aid once on scene and patient care has been established.
(g) On-call staff will receive a pay of two dollars ($2.00) an hour for their time on call plus the normal rate of run pay when there is a call.
(Ord. 17-008. Passed 3-21-17.)
(a) Purpose. The purpose of this policy is to assure that employees of the Village maintain a current unrestricted Ohio operator's license in accordance with the following policy and procedure.
(b) Procedure.
(1) Each employee of the Village shall at all times maintain a current unrestricted Ohio operator's license. Any employee who is required to drive in the course of his or her employment with the Village on a regular basis and who fails to maintain a current unrestricted operator's license or who fails to immediately notify his or her supervisor of any conviction or accumulation of points against his or her operator's license as provided herein below, shall be immediately reviewed by his or her supervisor and thereafter it shall be determined that one or more of the following sanctions shall be applied: he or she will be given a change in employment duties; he or she will be placed on unpaid administrative leave; he or she will be suspended from the Village; and/or he or she will be required to attend an approved driver improvement program or equivalent training.
(2) Any employee whose operator's license is suspended, administratively suspended, revoked or restricted is immediately prohibited from operating any Village vehicle. Each employee shall immediately notify his or her immediate supervisor if his or her operator's license has been suspended, revoked or restricted in any way. Furthermore, each employee shall notify his or her immediate supervisor if he or she accumulates six or more points against his or her operator's license. Each employee is responsible for knowing the status of his or her operator's license and the number of points he or she has accumulated on his or her operator's license.
(3) Any employee who accumulates six or more points against his or her operator's license resulting from a conviction of any misdemeanor violation pertaining to the ownership or operations of a motor vehicle shall immediately notify his or her supervisor of such circumstance and accumulation of points. Each such circumstance and the accumulation of points will be considered and reviewed on a case by case basis to determine whether such employee will be permitted to drive any Village owned vehicle. "Misdemeanor violations" referred to in this policy include, but are not limited to the following:
A. Driving while intoxicated.
B. Driving under the influence of controlled substance.
C. Operating during a period of suspension, administrative suspension or revocation.
D. Permitting an unlicensed person to drive.
E. Reckless operation.
F. Leaving the scene of an accident.
G. Speeding.
H. Any other prohibited moving violation.
(c) Driving Record Review and Sanctions.
(1) On a regular basis the Village shall review the driving record and the accumulation of points of each employee of the Village.
(2) A change in point status and/or license restriction could result in the employee's driving status change, a change in employment duties, placement on unpaid administrative leave, suspension from the Village, or being required to attend an approved driver improvement program or equivalent training.
(3) The Mayor and/or Village Council may change the driving status of the Village personnel based on driving complaints, driving ability, upon recommendation by another supervisor.
(4) A valid complaint received by the Village shall become a part of the employee's personnel file. The employee driver shall also be notified of the complaint.
(5) A second valid complaint filed against an employee shall invoke a restriction on driving Village owned vehicles and/or may also result in suspension from the Village for a period of time.
(Ord. 08-017. Passed 10-7-08.)
(a) The Village, in order to efficiently provide services to Village residents, has provided Village owned vehicles to be used only for Village business.
(b) Village vehicles shall be used for official Village business only. Personal use of Village vehicles is prohibited. Council may grant the use of a Village vehicle for the purpose of commuting to and from the employee's residence, however in such case, the employee will be charged one dollar and fifty cents ($1.50) each way (home to work and work to home) for everyday he or she uses the vehicle for commuting purposes in accordance with the commuting rules of the IRS fringe benefit publications and guidelines. The charge must be included in the employees wages. The Mayor or Council may grant the use of an emergency vehicle by the appropriate department head to commute to and from work.
(c) Village vehicles must not be used to transport non-Village employees except if used for Village related business. Cargo which has no relation or official use to Village business shall not be transported in Village vehicles. Seatbelts must be used in all Village vehicles.
(d) The driver of a Village vehicle shall hold a valid driver's license. The driver and all passengers in a Village vehicle shall comply with all applicable State and local traffic laws and parking laws. In the event of a violation of such laws the driver shall be personally liable for any criminal or civil penalties.
(e) Drivers of Village vehicles must also comply with the rules and regulations stated in the Village's employee driving record review policy. If an employee's license is expired, suspended, forfeited or revoked the employee shall be required to immediately inform their department head. The Village will keep a list of the driver's license information for all authorized employee drivers.
(f) No employee shall operate a Village vehicle or heavy equipment or machinery if the person is under the influence of drugs or alcohol. The employee must also comply with the Village's drug free workplace policy.
(g) All Village vehicles should be operated and maintained in a safe and efficient manner. Any defect, damage or unsuitable conditions of any Village vehicle should be reported to the department head. Village employees are responsible to maintain vehicles in a neat and orderly manner.
(h) Village owned gas and fluids shall be used in all Village vehicles. No employee is permitted to place Village gas or other fluids in his or her personal vehicle or other private vehicle under any circumstances. Mileage logs should be kept for all Village vehicles.
(i) Employees who operate a personal vehicle for Village business shall be paid a mileage rate per IRS regulations.
(j) All Village owned vehicles are insured under the Village's comprehensive and liability insurance policy. This policy will cover only those employees who are authorized to use Village vehicles and hold a valid driver's license.
(k) This policy cannot cover every issue, exception or contingency that might arise in the use of Village vehicles. The employee should use common sense and good judgment in the use of Village resources. The misuse of Village vehicles or equipment or any violation of this policy may result in disciplinary action up to and including termination.
(Ord. 09-026. Passed 2-3-10.)
(a) In order to expedite the purchase of certain items from time to time the Village has secured a Village credit card.
(b) The credit card will be issued in the name of the Village of Grafton with individual credit cards issued to the Mayor, Clerk-Treasurer and the Village Administrator. The credit card will be used in accordance with the Village's purchasing policy.
(c) Employees of the Village may also use the Village credit card to make necessary purchases for which it is not feasible to issue a purchase order and follow standard Village purchasing policies.
(d) The Village credit card cannot be used for personal expenditures. Credit card statements will be reviewed monthly. The cardholder is responsible for the security and physical custody of the card and is accountable for all transactions made with the card. If the credit card is lost or stolen, the cardholder must notify the Clerk-Treasurer immediately.
(e) Receipts for all purchases made on the Village credit card shall be given to the Clerk-Treasurer immediately after the purchase is made. Payment for transactions without receipts will become the responsibility of the employee. Tax exempt forms must be used with purchases made with the Village credit card. Any sales tax that is charged will not be paid. If credit card transaction receipts are lost the credit card provider will be contacted for duplicate receipt information.
(f) The credit card may be used to purchase subscriptions, books, tapes, office supplies, computer supplies and software, building maintenance materials and supplies and authorized travel expenses.
(g) The credit card may not be used to pay for capital equipment, entertainment and alcoholic beverages. ATM, cash advances and other cash related transactions are strictly prohibited.
(h) The credit card may be used to purchase goods on the internet, telephone or fax. A confirmation receipt and/or itemized receipt of the purchase must be obtained and submitted to the Clerk-Treasurer. The purchaser must make sure the web-site on which the credit card information is being placed is secure.
(i) Purchases may be returned by following the merchants return procedures. The credit receipt should be given to the Clerk-Treasurer.
(j) The credit card holder cannot benefit from any type of awards program offered in connection with the credit card.
(k) The credit card is to be used only by the cardholder or an employee of the Village to pay for authorized work related expenditures. The card holder is not permitted to lend the card to non-employees. The card cannot be used for personal transactions. Improper use of the credit card may be considered misappropriation of Village funds. The misuse of the credit card and any violation of this policy may result in disciplinary action up to and including termination.
(l) This policy and procedures cannot cover every issue, exception or contingency that might arise in the use of the credit card. The cardholder should use common sense and good judgment in the use of Village resources.
(Ord. 09-026. Passed 2-3-10.)
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