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(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)
(A) All applicants for employment, including applicants for part-time and seasonal positions and applicants who are former employees, are subject to drug and alcohol testing.
(B) An applicant must pass the drug test to be considered for employment.
(C) An applicant will be notified of the city’s drug and alcohol testing policy prior to being tested, will be informed in writing of his or her right to refuse to undergo such testing, and will be informed that the consequence of refusal is termination of the preemployment process.
(D) An applicant will be provided written notice of this policy and by signature will be required to acknowledge receipt and understanding of the policy.
(E) If an applicant refuses to take a drug or alcohol test, or if evidence of the use of illegal drugs or alcohol by an applicant is discovered, either through testing or other means, the preemployment process will be terminated.
(1998 Code, § 2-108)
(A) The city will notify employees of this policy by:
(1) Providing to each employee a copy of the policy and obtaining a written acknowledgement from each employee that the policy has been received and read; and
(2) Announcing the policy in various written communications and making presentations at employee meetings.
(B) The city may perform drug or alcohol testing as follows.
(1) The city may perform testing of any employee who manifests reasonable belief behavior.
(2) Any employee who has been involved in an accident involving a city vehicle or equipment should be reported immediately to the employee’s immediate supervisor or department head and the Personnel Department. Incident forms must be completed by the employee as soon as possible, but in no event to exceed a 72-hour period. The employee shall submit to drug and alcohol testing immediately after the incident.
(3) The city may perform testing on a random basis of any employee who performs duties in a safety sensitive position.
(4) The city may perform testing of any employee who is subject to drug or alcohol testing pursuant to federal or state rules, regulations or laws including, but not limited to, the Department of Transportation Federal Transit Administration Anti-Drug Plan, as it relates to the city’s passenger van drivers.
(C) The city will conduct random drug and alcohol testing of a designated percentage of the workforce at a frequency of once per month. Random selection will be performed through an unbiased off-site computer-generated process.
(D) Any employee’s consent to submit to drug or alcohol testing is required as a condition of employment, and the employee’s refusal to consent may result in disciplinary action, including discharge, for a first refusal or any subsequent refusal.
(E) An employee who is tested in a reasonable belief situation may be suspended pending receipt of written test results and whatever inquiries may be required.
(1998 Code, § 2-109) (Ord. 98-6, passed 2-11-1998; Ord. 04-50, passed 10-20-2004)
(A) An applicant or employee whose drug or alcohol test is reported positive will be offered the opportunity of a meeting to offer an explanation. The purpose of the meeting will be to determine if there is any reason that a positive finding could have resulted from some cause other than drug or alcohol use. The city, through its health and/or human resources officials, will judge whether an offered explanation merits further inquiry.
(B) An employee whose drug or alcohol test is reported positive will be offered the opportunity to:
(1) Obtain and independently test, at the employee’s expense, the remaining portion of the urine specimen that yielded the positive result; and
(2) Obtain the written test result and present it to an independent medical review at the employee’s expense.
(C) The employee may use the city’s medical benefits, to the extent that coverage may apply, for meeting the costs described in division (B) above.
(D) During the period of an appeal and any resulting inquiries, the preemployment selection process for an applicant will be placed on hold, and the employment status of an employee may be suspended. An employee who is suspended pending appeal will be permitted to use any available annual leave in order to remain in an active pay status. If the employee has no annual leave or chooses not to use it, the suspension will be without pay.
(1998 Code, § 2-110)
(A) Rehabilitation assistance in lieu of discharge may be offered to:
(1) Any employee who has requested rehabilitation assistance; provided that, the request is unrelated to an identification of the employee as a violator of this policy; and/or
(2) Any employee who has violated this policy; provided that, the violation does not involve selling or transferring illegal drugs or serious misconduct.
(B) An employee who is in rehabilitation will be suspended; except that, when indicated by the circumstances of the case and the written recommendation of a licensed physician or recognized rehabilitation professional, an employee may be permitted to work while undergoing rehabilitation on an outside-of-work basis. The written recommendation must include a statement to the effect that the employee’s presence in the workplace will not constitute a safety hazard to the employee, co-workers or others. An employee who is suspended while undergoing rehabilitation and who is not permitted to work will be permitted to use any available leave in order to remain in an active pay status. If the employee has no annual leave or chooses not to use it, the suspension will be without pay.
(C) An employee whose rehabilitation therapy involves drug maintenance, hospitalization or detoxification will not be considered for the exception from suspension described in division (B) above. An employee who is suspended under this section will be permitted to use any available leave in order to remain in an active pay status. If the employee has no annual leave or chooses not to use it, the suspension will be without pay.
(D) An employee who is in rehabilitation or who has completed rehabilitation will be allowed to return to work upon presentation of a written release signed by a licensed physician or recognized rehabilitation professional. The release must include a statement to the effect that the employee’s presence in the workplace will not constitute a safety hazard to the employee, co-workers or others.
(E) Rehabilitation assistance given by the city will be:
(1) Limited to those medical benefits that may be available in the employee’s medical benefits plan;
(2) Obtained through a rehabilitation program that has been approved by the city; and
(3) Obtained by the employee during times that will not conflict with the employee’s work time; except that, the employee may use any available sick leave or annual leave to be absent from the job with pay.
(F) The city will provide to any employee, upon request and at no cost to the employee, information concerning local resources that are available for the treatment of drug and alcohol related problems.
(1998 Code, § 2-111)
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