The city may elect to take disciplinary action, up to and including termination of employment, against an employee who tests positive for drugs and/or alcohol; refused to test under this policy; or adulterates a specimen for a drug or alcohol test.
(A) The city will evaluate the employment history of any employee who tests positive for drugs and/or alcohol. The appropriate course of action will be determined based on the employee’s total work record. Where deemed appropriate by management, an employee may be offered the opportunity to enter into a rehabilitation program. Continued employment will be contingent upon the successful completion of a rehabilitation program and an agreement to undergo periodic drug and/or alcohol post rehabilitation testing for up to two years. However, the city reserves the right to initiate disciplinary action, up to and including termination of employment, for the first positive test result. A decision regarding disciplinary action under this chapter by management will be final and binding.
(B) Employees who have tested positive, and who have been offered the opportunity to participate in a rehabilitation program in lieu of termination of employment, will not be allowed to return to work until they can provide a verified negative return to work test from a city-approved facility. An employee may be allowed a maximum of 12 weeks to provide a verified negative return to work drug or alcohol test. If a negative test is not provided within 12 weeks, the employee will be terminated from employment. Until a negative return to work test is supplied, the employee will be on leave without pay. However, an employee may request permission to use accrued sick leave and vacation leave. An employee may request a return to work test no sooner than two weeks from a positive test result, and subsequently every other week thereafter, until a negative return to work test is obtained. Employees refusing to seek help or submit to testing in accordance with this subchapter will be subject to disciplinary action.
(C) In the event the city does not terminate the employment of an employee who has a positive test result, the employee who enters a rehabilitation program after the positive test results will be permitted to do so only once. Any future recurrence for abuse with the same or any other substance will result in termination of employment.
(D) An employee who is discharged from employment on the basis of refusal to undergo drug or alcohol testing or based on a positive drug or alcohol test will be considered as having been discharged for misconduct for the purpose of unemployment compensation and the city will protest any application for unemployment benefits.
(Ord. 889, passed 3-5-2024)