(A) It is hereby declared to be the policy of the city that it will maintain a drug-free workplace and, in order to secure a workplace for the employees of the city, the terms and provisions of this section shall be and hereby are made, in addition to any other requirements the city may now have or hereafter add, conditions of employment for all employees of the city.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTROLLED SUBSTANCE. A controlled substance as defined in Schedules I through V of 21 USC 812, or as defined by the state in its statutes.
CONVICTION. A plea or finding of guilt (including, but not limited to a plea of nolo contendre) or the imposition of a sentence (including, but not limited to orders of supervision, conditional discharge and the like), or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.
CRIMINAL DRUG STATUTE. A criminal statute involving manufacture, distribution, dispensation, use or possession of any controlled substance.
DRUG-FREE WORKPLACE. Any workplace where employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance.
EMPLOYEE. An employee of the city directly engaged in the performance of work for the city.
FEDERAL AGENCY. An agency, as that term is defined in 5 USC 552(f).
WORKPLACE. Any site for the performance of work by an employee, whether the performance of work is done inside or outside of the corporate boundaries of the city.
(C) The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance by an employee is strictly prohibited in the workplace.
(D) A drug-free awareness program shall be established by the Mayor and City Council to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The city’s policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations.
(E) Any employee convicted of any criminal drug statute for a violation occurring in the workplace shall notify his or her department head or the Mayor, if he or she is or has no department head, no later than five days after the conviction.
(F) Any employee convicted of any criminal drug statute for a violation occurring in the workplace and/or failure to give notice, as required in division (E) above, will be for each action:
(1) Appropriately disciplined up to and including termination; or
(2) Required, if this is a first the conviction, to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, local health, law enforcement or other appropriate agency.
(G) Nothing in this section shall be construed to require the Police Department, a law enforcement agency, if the Chief of Police determines, in writing, it would be inappropriate in connection with the Police Department’s undercover operations, to comply with the provisions of this section.
(H) An appropriate statement, captioned “Statement On A Drug-Free Workplace,” shall be prepared in compliance with the terms and provisions of this section and the Drug-Free Workplace Act of 1988, 41 USC 701 et seq., and served on each present employee of the city and each future employee of the city at the time of hiring.
(Ord. 1224, passed 11-23-1993)