137.09  MANDATORY DRUG TESTING OF PROSPECTIVE EMPLOYEES OF THE CITY.
   (a)   Declaration of Policy; Purpose and Background. In balancing the interests of the City, its residents, its employees and the health, safety and general welfare of the public, Council finds that fair and equitable testing for drugs in the workplace, in accordance with the terms of this section, the laws of the State, the Constitution of the State, and the Constitution of the United States, is in the best interests of all parties. A healthy and productive work force and safe working conditions, free from the effects of drugs, are of importance to the City, its residents, its employees and the general public. All have an interest in a safe and productive work environment, in preserving the quality of the services rendered, and in maintaining a favorable reputation of the City. The abuse of drugs created a host of workplace problems, including increased injuries on the job, increased absenteeism, increased financial drain on City programs and funds, increased workplace theft, decreased employee morale, and possible endangerment of citizens. The public has an interest in safety in the workplace and in the quality of services rendered in the City. The public also has an interest in controlling and reducing the crime rate, both in and out of the workplace. Further, the public has an interest in the continued ability of the City to provide services to its residents. The misuse of drugs poses a threat to these important goals. The challenge, therefore, is to establish fair and legal criteria for detecting, identifying, verifying and responding to drug abuse within the City work force.
   (b)   Prohibited Conduct.
      (1)   Use of controlled substances. The City shall not hire for employment individuals who demonstrate that they are illegally using, or have recently, within the time of their application for employment, illegally used, controlled substances, as defined by the criminal laws of the State and the City, to the extent that such use would impair employee job performance or tend to bring the City, or an agency of the City, into disrepute, or would constitute conduct unbecoming to the employee's position. In no event shall a prospective employee continue to use controlled substances, either on duty or off duty, during his or her term of employment with the City.
      (2)   Sale or distribution of controlled substances. Employees of the City are prohibited from engaging in conduct, either on or off duty, amounting to the illegal distribution of controlled substances as defined by the criminal laws of the State and the City.
      (3)   Testing authorization.  Council hereby authorizes the testing of individuals seeking employment with the City in an effort to verify compliance with the terms of this section. Council further empowers the Assistant Finance Director to designate appropriate test facilities, techniques and procedures in order to implement the terms of this section in conformity with the laws of the State, the Constitution of the State and the Constitution of the United States.
         The Assistant Finance Director shall establish reasonable safeguards for preserving the confidentiality of the test results, subject to the requirements of Ohio R.C. 149.43 and Chapter 1347, if applicable, and any such test results shall be the sole property of the City. The City is entitled to use test results as a basis for action as defined in paragraph (b)(5) hereof.
         In order to effectively test for the presence of drugs, the City may require biological specimens (samples) from prospective identification to the person collecting the same. Selection of the type of sample is at the sole discretion of the Assistant Finance Director.
      (4)   Pre-employment testing. All candidates for employment with the City or any of its departments, on and after the effective date of this section, are hereby required to undergo the testing authorized in paragraph (b)(3) hereof. All pool personnel may be appointed immediately, but shall have been tested by no later than June 30 of each year.
      (5)   Sanctions.
         A.   Failure to successfully complete the testing authorized herein shall automatically disqualify a candidate for appointment to the position for which such testing was performed. A positive test for drugs, however, may not operate in and of itself as a bar to consideration for employment, but may be considered in evaluating a candidate for employment.
         B.   Upon receipt of a positive drug test for any candidate for employment, the hiring authority shall review the test results, including the type of drug used, in light of the job functions of the candidate. After review, if the hiring authority determines that the candidate's former drug use will affect job performance detrimentally, such that the candidate's drug use will negatively affect the public health, safety and general welfare of the residents of the City, the candidate shall be denied consideration for employment with the City.
         C.   A candidate for employment may, at his or her own expense, have a sample tested by more sensitive means (gaschronotography) so as to eliminate false positive results.
         D.   If the hiring authority determines that the candidate's former drug use will not affect job performance as indicated above, then the candidate may be further considered for employment. If a candidate who has tested positive for controlled substances is hired for employment with the City, the candidate shall be required to attend a drug abuse counseling/rehabilitation program approved by the hiring authority, at the employee's or candidate's expense, until such time as the candidate or employee demonstrates that he or she is no longer subject to the use or influence of controlled substances. Failure to attend or comply with the requirements of the treatment/counseling program shall constitute a failure to obey a lawful and reasonable direction given by a superior, and will subject an employee to disciplinary action. 
(Ord. 38-94.  Passed 10-24-94; Ord. 37-95.  Passed 6-5-95; Ord. 12-05. Passed  2-28-05.)