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§ 33.095 DRUG-FREE WORKPLACE.
   (A)   (1)   Drug and alcohol use are highly detrimental to the safety and productivity of employees in the workplace. No employee may be under the influence of alcohol, or any illegal drug while in the workplace, while on duty, or while operating a vehicle or equipment owned or leased by the town .
      (2)   The town shall maintain a drug-free workplace in accordance with the Drug-Free Workplace Act of 1988, and the State of Indiana Drug-Free Workplace Executive Order No. 90-5 of 1990. Failure to comply with this law could jeopardize government funds received by the town. The unlawful manufacture, possession, distribution, transfer, purchase, sale, use, or being under the influence of alcoholic beverages or illegal drugs while on town property, while attending business-related activities, while on duty, or while operating a vehicle or machine leased or owned by the town is strictly prohibited and may lead to disciplinary action, including suspension without pay or discharge. When appropriate, the town may refer the employee to approved counseling or rehabilitation programs.
      (3)   Any employee while on official town business, or when serving as a representative of the town, who is convicted of a drug-related crime must notify the town within five days of the conviction.
      (4)   Monon Town Council members, the Clerk-Treasurer and department heads are required to notify the appropriate government funding agency within ten days of the conviction. Appropriate personnel action including possible discipline, up to, and including termination, and/or participation in a drug abuse assistance or rehabilitation program, may result after notice of the conviction is received.
      (5)   The town will determine on a case-by-case basis whether assistance will be provided to employees whose health or performance is at risk of deterioration. Employees may use physician prescribed medications, provided that the use of such drugs do not adversely affect job performance or the safety of the employee or other individuals in the workplace.
      (6)   The town recognizes that employees may wish to seek professional assistance in overcoming drug or alcohol problems. Please contact the Clerk-Treasurer for more information about the benefits potentially available under the employee medical benefit plans and any possible referral sources.
      (7)   Employees may keep prescription drugs on town premises when prescribed by a medical physician. Employees may keep over-the-counter medications on town premises as needed. Employees holding safety-sensitive positions shall notify their elected official/department head of such over-the-counter medications and prescription drugs, which may impair judgment in the performance of job duties and responsibilities.
   (B)   Testing. The Town of Monon may ask employees to submit to random alcohol or drug tests.
Alcohol or drug tests may be required for employees in the following circumstances.
      (1)   Pre-employment testing. The Town of Monon will not employ individuals known to use illegal drugs or misuse prescription drugs. All prospective new employees may be subject to drug and alcohol testing at the town's expense. Offers of employment may be contingent on passing the pre-employment drug and alcohol screen. Applicants who refuse to complete the test, test positive, or refuse to complete related documentation will not be hired by the town. Applicants will be asked to list any legally prescribed drugs taken at the time of the test and will be asked to provide physician authorization for those drugs.
      (2)   (2)   Reasonable suspicion. At the time a department head/Clerk-Treasurer requests an employee provide a sample for testing, the department head/Clerk-Treasurer shall provide the employee with a written statement setting forth workplace behavior witnessed by the employee's supervisors relied upon by the requesting authority in coming to a conclusion that there is a reasonable suspicion that the employee may be under the influence of a drug or alcohol. If the employee refuses to submit such a sample upon request, then accompanied by said written statement, the town will interpret such refusal as a positive drug test result and thus a violation of the town's work rules, and the employee's refusal of the test shall be subject to the town's progressive discipline policy and may include termination.
      (3)   Post-accident.
         (a)   Post-accident testing occurs when an employee is involved in an accident on town property or operating town equipment in the pursuit of town business.
         (b)   The town reserves the right to order post-accident tests, as it deems appropriate, based on the totality of the circumstances surrounding the accident. Post-accident tests may include screens for both drugs and alcohol.
         (c)   Questions concerning this policy, or its administration should be directed to the Clerk-Treasurer.
(Ord. 2022-13, passed 12-21-2022)
§ 33.096 SMOKING.
   (A)   This policy applies equally to all elected officials/department heads, employees, and visitors.
   (B)   Definitions. For the purpose of this policy:
      SMOKING. Inhaling, exhaling, burning, or carrying a lighted cigarette, cigar, pipe, e-cigarette, or other apparatus used to smoke tobacco or any other organic or non-organic material.
      TOBACCO PRODUCT. Any product made or derived from tobacco that is intended for human consumption, this includes, among other products, cigarettes, cigarette tobacco, and smokeless tobacco.
   (C)   In keeping with the town's intent to provide a safe and healthy work environment, the use of any tobacco products and/or smoking of any substances in town owned or leased buildings, vehicles, property, and any buildings, vehicles, property is prohibited.
   (D)   Supervisors will discuss the issue of taking breaks with their staff, both smokers and non-smokers.
   (E)   Together they will develop effective solutions that do not interfere with the productivity of the staff.
   (F)   Violators of this policy will be subject to disciplinary action up to and including termination.
(Ord. 2022-13, passed 12-21-2022)
§ 33.097 USE OF TOWN TELEPHONES, FAX MACHINES, AND TOWN MAIL.
   (A)   Personal telephone calls should be limited in frequency and duration. Employees should refrain from using town telephones when making local personal calls. Personal use of telephones for long-distance and toll calls is not permitted, except for emergencies. Employees shall reimburse the town for all long-distance/toll calls. The mail system is reserved for business purposes. Employees should refrain from sending or receiving personal mail at the workplace without expressed permission.
   (B)   A fax machine is reserved for business purposes. Employees should refrain from sending or receiving personal faxes at the workplace without expressed permission.
(Ord. 2022-13, passed 12-21-2022)
§ 33.098 USE OF TOWN PROVIDED COMPUTERS, DIGITAL EQUIPMENT, AND INTERNET ACCESS.
   (A)   Definitions. For purposes of this policy:
      (1)   Work provided COMPUTERS AND DIGITAL EQUIPMENT mean all computers, both desktop and laptop, cameras, scanners, printers, and all other digital equipment the Town of Monon may in the future acquire.
      (2)   INTERNET ACCESS includes the internet, World Wide Web, Intranet, printers, and any other network or communication system or end point on any network established by the Town of Monon.
   (B)   The employee understands and acknowledges that he/she has absolutely no expectation of privacy or confidentiality when using the town's communication systems. The purpose of Town of Monon Government-provided computers and digital equipment, and internet access for employees is to facilitate communications in support of the mission of the town and to perform the work of the town. Use of such work-provided equipment and access entails responsibility. To remain eligible for such use and access, an employee's use of the town computers and digital equipment, and internet access must be consistent with the performance of the employee's duties within the town.
   (C)   Limited, incidental, personal use of Town of Monon provided computers and digital equipment and internet access only as follows:
      (1)   The use does not interfere with the performance of the employee's public duties.
      (2)   The use must be infrequent, of short duration and, unless not reasonably practical, made on the employee's personal time.
      (3)   The use must not be for the purpose of conducting business related to an outside commercial activity.
      (4)   The use must not be for the purpose of supporting or conducting activities of any political party or candidate.
      (5)   The use must not be for any purpose determined to be illegal.
   (D)   While there is a general expectation that files and documents generated or stored on Town of Monon work provided computers and email transmitted to and from work provided computers will be accessed only by authorized users, privacy of such files, documents, and e-mail is not guaranteed, nor should employees expect privacy of such documents and transmissions.
   (E)   The following uses of work provided computers and digital equipment and internet access is not permitted:
      (1)   To access, upload, download, to distribute pornographic, obscene, threatening, abusive, or sexually explicit material.
      (2)   To transmit obscene, abusive, sexually explicit, or threatening language.
      (3)   To violate any local, state, or federal law.
      (4)   To vandalize, damage, or disable the property of another individual or organization.
      (5)   To access another individual's materials, information, or files without permission.
      (6)   To violate copyright or use in an impermissible way the intellectual property of another individual or organization.
      (7)   To promote, advertise, or otherwise engage in a personal or private venue.
   (F)   Violation of the policy and rules may result in loss of access to work-provided computers and digital equipment or internet access in addition to other disciplinary action determined to be appropriate by the employee's department head, and the Monon Town Council. In particularly serious situations, or when an employee continues to violate this policy, termination may occur. Where guidance or interpretation is needed concerning the appropriateness of a particular use, an employee should discuss the situations with the employee's department head, who may seek further guidance and direction as necessary.
(Ord. 2022-13, passed 12-21-2022)
§ 33.099 AUTHORIZED USE OF TOWN OWNED AND/OR LEASED VEHICLES.
   (A)   All town employees are allowed to utilize clearly marked town owned and/or leased vehicles for the purpose of conducting business and providing transportation to and from worksites.
   (B)   Town vehicles may not be used for personal business without consent from the Monon Town Council.
(Ord. 2022-13, passed 12-21-2022)
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