§ 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)