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The city believes each employee has the right to be heard when such employee feels he is being treated in an unreasonable or unfair manner.
(A) To assure an orderly and effective method of resolving employee complaints, the following procedure is to be followed.
(1) Step 1. The employee is to discuss the matter with his supervisor who has the responsibility to listen to the complaint, investigate the matter, and attempt to resolve it promptly.
(2) Step 2. In the event the supervisor is unable to satisfactorily settle the matter within a reasonable length of time, not to exceed three working days, the employee may present the complaint to the department head within three days of the supervisor's answer. The department head shall investigate the matter and personally discuss the matter with the employee in an attempt to resolve it. The department head shall give the employee an answer to the complaint within three days after the meeting. Should the matter remain unresolved, the employee may present the complaint to the Mayor, in writing, within three days of the department head's answer.
(3) Step 3. The employee's written complaint shall be reviewed by the Mayor who shall submit a written decision within a reasonable time period. Every effort shall be made to reach such a decision within a ten-day period from receipt of the employee's written complaint.
(4) Step 4. If the complaint concerns a disciplinary matter or an issue involving the application of work rules, the employee may, within three days of the Mayor's answer at Step 3 advise the Mayor in writing that he desires to have the matter investigated by a fact-finding body. In this event the Mayor shall refer the matter to the Labor Management Commission. The Commission shall appoint a committee comprised of three members of the Commission, one from each sector, and the Executive Director of the Commission who shall investigate the matter, including the gathering of evidence and the taking of testimony. After evaluation of the issue the committee shall submit its findings and recommendations to the Mayor who shall give such recommendations due consideration and advise the employee in writing of his decision, such decision shall be final and binding. Every effort shall be made to complete Step 4 within 30 days of the employee's written request.
(B) In order for any complaint to be valid it shall be timely and shall be made known to the supervisor within five working days of the alleged occurrence. Reference to days at any step of the complaint procedure is considered working days.
(C) Any complaint, not processed by the employee within the time limits at any step of the complaint procedure, shall be considered settled on the basis of the city representative's last answer.
(D) The complainant may at his discretion obtain the assistance of a co-worker in presenting his complaint at the third stage of the complaint procedure.
(Ord. 1982-6, passed - - )
DRUG-FREE WORKPLACE
(A) “PROHIBITED DRUGS” are defined as illegal substances, including controlled substances as defined in the Controlled Substance Act (21 U.S.C. 8120 and 21 C.F.R. 1308.11-1308.15), and prescription-controlled substances which have not been prescribed for the employee by a licensed physician or dentist for specific treatment purposes. Abuse of prescription or over-the-counter drugs will also be treated as a substance abuse problem under this subchapter.
(B) This subchapter prohibits the illegal use, sale, transfer, distribution, possession, or unlawful manufacture of narcotics, drugs, or other controlled substances while on the job or on city premises (including vehicles used for city business). These include, but are not limited to, marijuana, cocaine, crack, PCP, heroin, LSD, amphetamines, hallucinogens, and barbiturates. Any illegal substances found on such premises will be turned over to the state police and may lead to criminal prosecution.
(Ord. 2016-17, passed 10-4-16; Am. Ord. 2020-11, passed 8-4-20)
(A) The use of alcohol on the job or on city premises is prohibited, unless such use is non-abusive and is part of an authorized official event held off city premises. The use of alcohol in vehicles used for city business is strictly prohibited.
(B) Alcohol possession applies to all open or unsealed alcoholic beverage containers. Such containers are not allowed on the job or on city premises, unless their possession is part of an authorized official event. Possession of such containers in vehicles used for city business is never authorized.
(Ord. 2016-17, passed 10-4-16; Am. Ord. 2020-11, passed 8-4-20)
(A) Employees must, as a condition of employment, abide by the terms of this subchapter and report any conviction to the city under a criminal drug statute for violations occurring on or off city premises when conducting city business. Report of a conviction must be made to the city within five business days after the conviction. The city will then notify the appropriate contracting officer within ten days after receiving notice from either the employee or from another source. (These requirements are mandated by the Drug-Free Workplace Act of 1988.)
(B) An employee who is involved with off-the job illegal drug activity may be considered in violation of this subchapter. In determining whether disciplinary action will be imposed for this activity, the city will consider the circumstance of each incident, including, but not limited to, any adverse effect the employee’s actions may have on its customers, other employees, the public, or the city’s reputation and image.
(C) Any questions regarding the reporting of violations should be directed to the Clerk-Treasurer.
(Ord. 2016-17, passed 10-4-16; Am. Ord. 2020-11, passed 8-4-20)
(A) Health maintenance is primarily a personal responsibility and it is the individual’s responsibility to correct unsatisfactory job performance or behavioral problems caused by alcohol or drug abuse. In an effort to assist employees, the city will provide various means for employees and their family members to remain aware of the dangers of substance abuse in the workplace and to overcome drug- and alcohol-related problems.
(B) Employees with a personal, drug- or alcohol-related problem are encouraged to volunteer to participate in a approved rehabilitation program, upon referral from the Employee and Family Assistance Program, before work performance becomes affected.
(C) Participation in a rehabilitation program will not be considered a barrier to employment, nor a cause for disciplinary action. Employees will not be disciplined merely because of participation in a rehabilitation program, or excused from the disciplinary consequences of conduct in violation of this subchapter or any other city policies or job requirements.
(D) Any employee identified through a city investigation as having a substance abuse problem also may not avoid disciplinary action by requesting to participate in an approved rehabilitation program.
(E) Circumstances in each case will be evaluated to determine the course of action to be taken (i.e., whether the employee will be offered the opportunity to participate in a rehabilitation program and/or will be subject to discipline).
(Ord. 2016-17, passed 10-4-16; Am. Ord. 2020-11, passed 8-4-20)
The city will ask employees to submit to random alcohol or drug tests.
(A) Alcohol or drug tests may be required for employees in the following circumstances:
(1) When unsatisfactory job performance or other employee behavior is reasonably indicative of substance abuse.
(2) During and after participation in a drug or alcohol rehabilitation program for a reasonable period of time as determined by the city.
(3) When required by law.
(4) If a supervisor identifies an employee with a behavior pattern and/or job performance reasonably indicative of substance abuse, the supervisor (with the concurrence of the next level of supervision) may recommend that the employee have a fitness for duty examination by a physician designated by the city. The physician will determine whether a fitness for duty examination is necessary and whether alcohol or drug tests will be required.
(B) Pre-employment drug testing is part of the pre-employment physical. The method of testing will be determined by the city. Applicants who test positive for prohibited drugs in their systems will not be offered employment. Any questions regarding reapplication opportunities should be directed to the Clerk-Treasurer.
(Ord. 2016-17, passed 10-4-16; Am. Ord. 2020-11, passed 8-4-20)