(a) Employees are prohibited from the illegal use, sale, dispensing, distribution, possession or manufacture of illegal drugs, controlled substances, narcotics, or alcoholic beverages. In addition, the City prohibits off-premises abuse of alcohol and controlled substances, as well as the possession, use, or sale of illegal drugs, when these activities adversely affect performance, safety, or the City’s reputation in the community.
(b) The City will not grant employment, subject to state or local law restrictions, to alcoholics or drug abusers whose current use of those substances prevents them from performing or who would constitute a direct threat to the property or safety of others. Whenever applicants are to be tested for the presence of illegal drugs or alcohol, they are to be informed in advance and in writing.
(c) Employees will be subject to disciplinary action, up to and including termination, for violations of this policy. Violations include, but are not limited to, possessing illegal or controlled substances and narcotics or alcoholic beverages while on City premises; being under the influence of those substances while on City premises; using them while working; or dispensing, distributing or illegally manufacturing or selling them on City premises and work sites.
(d) Employees subject to the Drug-Free Workplace Act who are convicted of any criminal drug violation occurring in the workplace must report the conviction to the City within five days, and the City will take appropriate action.
(e) Employees, their possessions, and City-issued equipment and containers under their control are subject to search and surveillance at all times while on City premises or work sites or while conducting City business.
(f) Employees may be asked to take a test at any time to determine the presence of drugs, narcotics or alcohol, unless the tests are prohibited by law. Employees must sign a consent form authorizing the test and the City’s use of the test results for purposes of administering its discipline policy. It is a violation of this policy to refuse consent for these purposes or to test positive for alcohol or illegal drugs. Policy violations will result in discipline and may result in termination. Tests that are paid for by the City are the property of the City, and the examination records will be treated as confidential and held in separate medical files. However, records of specific examinations will be made available, if required by law or regulation, to the member, persons designated and authorized by the member, public agencies, relevant insurance companies or the member’s doctor.
(Res. 10-04. Passed 7-22-04.)