(a) Notice Upon Hiring.
(1) As a condition precedent to hiring, all prospective employees will receive a copy of the appropriate City's Drug-Free Workplace Statement and Policy attached to original Resolution 97-05, passed April 18, 2005, adopted by reference as if fully set out herein; and will be required to sign a receipt which will become a permanent part of the employee's personnel file.
(2) In addition, as a further condition precedent to hiring, all prospective employees will be required to sign a written statement to the effect that:
A. They understand and support the City's Drug-Free Workplace Policy;
B. They agree to refrain from violating this policy while in the employ of the City;
C. They acknowledge in advance that they understand that the penalty for breach can be discharge and agree that it is appropriate when supported by evidence.
(b) Current Distribution of Drug-Free Workplace Policy.
(1) All current employees will receive the appropriate copy of the City's Drug-Free Workplace Statement and Policy and will be required to sign a receipt for it, which will become a permanent part of the employee's personnel file.
(2) All current employees will be asked to voluntarily sign a statement supporting the strict enforcement of this policy.
(c) The Drug-Free Workplace Policy.
(1) Policy. Each employee will receive annually an information package containing:
A. Information concerning the dangers of drug abuse in the workplace.
B. A current copy of the City's published statement.
C. A current copy of the City's Drug-Free Workplace Policy.
D. Information concerning any available drug counseling, rehabilitation, and employee assistance programs.
E. Information concerning the penalties that will be imposed for the breach of the City's Drug-Free Workplace Policy.
F. Notice to the employee that any conviction of any Federal or State criminal drug statue must be reported in writing to the City within five calendar days after such conviction.
G. Notice to the employee that any DUI conviction must be reported in writing to the City within five calendar days after such conviction.
(2) The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance by any employee which takes place in whole or in part in the City's workplace is strictly prohibited and will result in criminal prosecution and employee discipline which may include termination from employment.
(3) Any employee convicted of any Federal or State criminal drug statute must notify the City of that fact within five calendar days of the conviction.
(4) Any employee convicted of DUI must notify the City of that fact within five calendar days of the conviction.
(5) Any employee who reports for duty in an altered or impaired condition which is the result of the illegal use of controlled substances will be subject to disciplinary action. Any decision to take disciplinary action may be held in abeyance pending the completion by the employee of a drug rehabilitation program pursuant to bargaining agreements between various unions and the City.
(6) Any employee convicted of any Federal or State criminal drug offense or DUI who fails to report the conviction as required by the above may be:
A. Terminated from employment;
B. Forever barred from future employment;
C. Held civilly liable for any loss of Federal funds resulting from the failure to report the conviction.
(d) Training. The City will conduct annual training for supervisors and department heads in the enforcement and implementation of the City's Drug-Free Workplace Program.
(Res. 292-04. Passed 10-18-04; Res. 97-05. Passed 4-18-05.)