A. Intent And Policy: The City is committed to the safety and well being of its employees and the public; and accordingly, it is the employer's intent to maintain a work environment which is free from drug use and unlawful possession of controlled substances on Municipal premises.
B. Procedures And Regulations:
1. Employees are expected to report to work on time and in appropriate mental and physical condition for work. Employees are not to report to work under the influence of intoxicants (alcoholic beverages or illegal drugs) and shall not consume, use or possess intoxicants at any time during their scheduled workday, on City property, or in any City vehicle (while traveling to or from City property while on duty). The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance on Municipal premises or while conducting City business off premises is absolutely prohibited. Violations of this policy will result in disciplinary action, up to and including termination, and may have legal consequences.
2. If a supervisor has reasonable cause to believe that an employee has reported to work under the influence of intoxicants, the supervisor, with the approval of the department Commissioner, has the right to request the employee submit to an alcohol or drug screening test and shall be grounds for discipline which may include termination. The results of the alcohol or drug test shall not be used by the City for any purpose other than to determine adherence to Municipal policy, to discipline an employee whenever necessary, and to comply with applicable terms of this section.
3. The City recognizes drug dependency as a major problem. The City also recognizes drug abuse as a potential health, safety, and security problem. Employees needing help in dealing with such problems are encouraged to seek help. Conscientious efforts to seek such help will not jeopardize any employee's job and will not be noted in any personnel record except where action follows a supervisory initiated referral.
4. No employee shall be subject to discipline for the appropriate use of legal nonprescription or prescribed legal drugs for the treatment of illness or injury. However, if the employee knows or should know that use of a nonprescription or prescribed drug does or could impair the employee's ability to operate his or her job duties, the employee shall share this information with his or her immediate supervisor. Violation of this section of the policy may subject the employee to disciplinary action.
5. Employees must, as a condition of employment, abide by the terms of this policy and report any conviction under a criminal drug statute for violations occurring on or off City premises while conducting City business. A report of a conviction must be made within five (5) days after the conviction to the department Director. Within ten (10) days of learning of an employee's criminal conviction for illegal drug activity within the workplace, the City will notify the Federal government of such conviction. Within thirty (30) days of learning of an employee's criminal conviction for illegal drug activity within the workplace, the City will take the appropriate personnel action. (Ord. 93.46, 11-15-1993)