DRUG AND ALCOHOL ABUSE POLICY

§ 34.25 DEFINITIONS.

   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)

§ 34.26 FINDINGS; INTENT.

   (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)

§ 34.27 PURPOSE.

   This policy outlines the goals and objectives of the city’s drug and alcohol testing program and provides guidance to supervisors and employees concerning their responsibilities for carrying out the program.

(1998 Code, § 2-103)

§ 34.28 SCOPE.

   This policy applies to all departments, all employees and all job applicants; except that, sworn employees of the Police and Fire Departments may be governed by more restrictive policies which may be required by departmental rules and regulations.

(1998 Code, § 2-104)

§ 34.29 EDUCATION AND TRAINING.

   (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)

§ 34.30 PROHIBITED ACTIVITIES.

   (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

§ 34.31 DISCIPLINE.

   (A)   Any employee who possesses, distributes, sells, attempts to sell or transfers illegal drugs on city premises or while on city business will be discharged.

   (B)   Any employee who is found to be in possession of or under the influence of alcohol in violation of this policy will be subject to discipline up to and including discharge.

   (C)   Any employee who is found, through drug or alcohol testing, to have in his or her body system a detectable amount of illegal drugs or alcohol will be subject to discipline up to and including discharge; except that, depending on the circumstances of the case, the employee may be offered a one-time opportunity to enter and successfully complete a rehabilitation program that has been approved by the city. Upon return to work from rehabilitation, the employee will be subject to unannounced drug or alcohol testing for a period of 30 months. Any test that is confirmed as positive during or following rehabilitation will result in discharge.

(1998 Code, § 2-107)