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Pursuant to the provisions of Tex. Gov’t Code §§ 854.202(f), 854.405, 854.406 and 854.410, as amended, the city adopts the following provisions affecting participation of its employees in the State Municipal Retirement System (which retirement system shall be referred to in this section as the “System”).
(A) Any employee of the city who is a member of the System is eligible to retire and receive a service retirement annuity if the member has at least 20 years of credited service in that System performed for one or more municipalities that have participation dates after 9-1-1987, or have adopted a like provision under Tex. Gov’t Code § 854.202(f).
(B) If a “vested member”, as that term is defined in Tex. Gov’t Code § 851.001, shall die before becoming eligible for service retirement and leaves surviving a lawful spouse whom the member has designated as beneficiary entitled to payment of the member’s accumulated contributions in event of the member’s death before retirement, the surviving spouse may, by written notice filed with the system, elect to leave the accumulated deposits on deposit with the system. If the accumulated deposits have not been withdrawn before such time as the member, if living, would have become entitled to service retirement, the surviving spouse may elect to receive, in lieu of the accumulated deposits, an annuity payable monthly thereafter during the lifetime of the surviving spouse in such amount as would have been payable had the member lived and retired at that date under a joint and survivor annuity (Option 1) payable during the lifetime of the member and continuing thereafter during the lifetime of the surviving spouse.
(C) At any time before payment of the first monthly benefit of an annuity, a surviving spouse to whom division (B) above applies may, upon written application filed with the system, receive payment of the accumulated contributions standing to the account of the member in lieu of any benefits otherwise payable under this section. If such a surviving spouse shall die before payment of the first monthly benefit of an annuity allowed under this section, the accumulated contributions credited to the account of the member shall be paid to the estate of such spouse.
(D) The rights, credits and benefits authorized in divisions (A) through (C) above shall be in addition to the plan provisions heretofore adopted and in force at the effective date of the ordinance from which this section is derived pursuant to Tex. Gov’t Code §§ 851.001 et seq.
(E) Any employee of the city who is a member of the System is eligible to retire and receive a standard disability annuity under Tex. Gov’t Code § 854.408 or an optional occupation disability retirement annuity under Tex. Gov’t Code § 854.410, upon making application therefor upon such form and in such manner as may be prescribed by the Board of Trustees of the System; provided that, the System’s Medical Board has certified to the Board of Trustees that the member is physically or mentally disabled for further performance of the duties of the member’s employment, that the disability is likely to be permanent, and that the member should be retired. Any annuity granted under this division (E) shall be subject to the provisions of Tex. Gov’t Code § 854.409.
(F) The provisions relating to the occupational disability program as set forth in division (E) above are in lieu of the disability program heretofore provided for under Tex. Gov’t Code §§ 854.301 through 854.308.
(1998 Code, § 90-231)
(A) Pursuant to Tex. Gov’t Code § 853.502, as amended, the city hereby elects to allow eligible members in its employment to establish credit in the State Municipal Retirement System for active military service performed as a member of the armed forces or armed forces reserves of the United States or an auxiliary of the armed forces or armed forces reserves. Eligible members, for purposes of this section, shall be those employees meeting the criteria set forth in Tex. Gov’t Code § 853.502(b), and the amount and use of creditable military service shall be as further set forth in Tex. Gov’t Code § 853.505.
(B) In order to establish credit for military service under this section, a member must deposit with the State Municipal Retirement System (in that member’s individual account in the Employees Saving Fund) an amount equal to the number of months for which credit is sought, multiplied by $15. The city agrees that its account in the Municipality Accumulation Fund is to be charged at the time of the member’s retirement with an amount equal to the accumulated amount paid by the member for military service credit, multiplied by the city’s current service matching ratio in effect at the date the member applies for such military service credit.
(1998 Code, § 90-232)
DRUG AND ALCOHOL ABUSE POLICY
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL. Any beverage that contains ethyl alcohol (ethanol), including, but not limited to, beer, wine and distilled spirits.
CITY PREMISES and CITY FACILITIES. When an employee is on duty, all property of the city, including, but not limited to, the offices, facilities and surrounding areas on city-owned or city-leased property, parking lots and storage areas. The term also includes city-owned or city-leased vehicles and equipment wherever located.
DRUG TESTING. The scientific analysis of urine, blood, breath, saliva, hair, tissue and other specimens of the human body for the purpose of detecting a drug or alcohol.
ILLEGAL DRUG. Any drug which is not legally obtainable, any drug which is legally obtainable but has not been legally obtained, any prescribed drug not legally obtained, any prescribed drug not being used for the prescribed purpose, and any drug being used for a purpose not in accordance with bonafide medical therapy. Examples of ILLEGAL DRUGS are cannabis substances, such as marijuana and hashish, cocaine, heroin, phencyclidine (PCP) and so-called designer drugs and look-alike drugs.
LEGAL DRUG. Any prescribed drug which has been legally obtained and is being used for the purpose for which prescribed or manufactured.
POLICY. The drug and alcohol abuse policy set out in this subchapter.
REASONABLE BELIEF. A belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee is unable to satisfactorily perform his job duties due to drug or alcohol impairment. Such inability to perform may include, but is not limited to, decreases in the quality or quantity of the employee’s productivity, judgment, reasoning, concentration and psychomotor control, and marked changes in behavior. Accidents, deviations from safe working practices and erratic conduct indicative of impairment are examples of REASONABLE BELIEF situations.
SAFETY SENSITIVE POSITION. A position having any duty, the performance of which could cause injury to the incumbent or others or could cause serious damage to property.
UNDER THE INFLUENCE. A condition in which a person is affected by a drug or alcohol in any detectable manner. The symptoms of INFLUENCE are not confined to those consistent with misbehavior, or to obvious impairment of physical or mental ability, such as slurred speech or difficulty in maintaining balance. A determination of being UNDER THE INFLUENCE can be established by a professional opinion, by a scientifically valid test, and in some cases by the opinion of a lay person.
(1998 Code, § 2-101)
(A) The city has a vital interest in maintaining a safe, healthful and efficient working environment. Being under the influence of a drug or alcohol on the job poses serious safety and health risks to the user and to all those who work with the user. The use, sale, purchase, transfer or possession of an illegal drug in the workplace and the use, possession or being under the influence of alcohol also poses unacceptable risks for safe, healthful and efficient operations.
(B) The city believes it has the right and obligation to maintain a safe, healthful and efficient workplace for all its employees and to protect the city’s property, information, equipment, operations and reputation.
(C) The city recognizes its obligations to its citizens for the provision of services that are free of the influence of illegal drugs and alcohol and will endeavor through this policy to provide drug- and alcohol-free services.
(D) The city further expresses its intent through this policy to comply with federal and state rules, regulations or laws that relate to the maintenance of a workplace free from illegal drugs and alcohol.
(1998 Code, § 2-102)
(A) Supervisors and other management personnel are to be trained in:
(1) Detecting the signs and behavior of employees who may be using drugs or alcohol in violation of this policy;
(2) Intervening in situations that may involve violations of this policy; and
(3) Recognizing the above activities as a direct job responsibility.
(B) Employees are to be informed of:
(1) The health and safety dangers associated with drug and alcohol use; and
(2) The provisions of this policy.
(1998 Code, § 2-105)
(A) Legal drugs.
(1) The undisclosed use of any legal drug by any employee while performing city business or while on city premises is prohibited. However, an employee may continue to work, even though using a legal drug, if city management has determined, after consulting with the employee’s physician, that such use does not pose a threat to safety and that the using employee’s job performance will not be significantly affected. Otherwise, the employee may be required to take leave of absence or comply with other appropriate action as determined by city management.
(2) An employee whose medical therapy requires the use of a legal drug must report such use to his or her supervisor prior to the performance of city business. The supervisor who is so informed will contact the employee’s physician for guidance, if necessary.
(3) The city at all times reserves the right to judge the effect that a legal drug may have upon work performance and to restrict the using employee’s work activity or presence at the workplace accordingly.
(B) Illegal drugs and alcohol. The use, sale, purchase, transfer or possession of an illegal drug or alcohol by any employee while on city premises or while performing city business is prohibited.
(1998 Code, § 2-106) Penalty, see § 10.99
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