(a) Declaration of Policy: Purpose and Background.
(1) In balancing the interest of the Village, its residents, its employees, and the health, safety and general welfare of the public, the Council finds that fair and equitable testing for drugs in the workplace, in accordance with the terms of this section, and the laws of the State of Ohio, the Constitution of this State, and the Constitution of the United States, is in the best interest of all parties.
(2) A healthy and productive work force and safe working conditions free from the affects of drugs are of importance to the Village, its residents, its employees, and the general public. All have an interest in a safe and productive work environment, in preserving the quality of the services rendered and in maintaining a favorable reputation of the Village. The abuse of drugs creates a host of workplace problems including increased injuries on the job, increased absenteeism, increased financial drain on Village programs and funds, increased workplace theft, and decreased employee morale. The public has an interest in safety in the workplace and in the quality of services rendered in the Village. The public also has an interest in controlling and reducing the crime rate, both in and out of the workplace. Further, the public has an interest in the continued ability of the Village to provide services to its residents. The misuse of drugs poses a threat to these important goals.
(3) The challenge, therefore, is to establish fair and legal criteria for detecting, identifying, verifying and responding to drug abuse within the Village work force.
(b) Prohibited Conduct.
(1) Use of controlled substances. The Village shall not hire for employment individuals who demonstrate that they are illegally using, or have illegally used recently within the time of their application for employment, controlled substances, as defined by the criminal laws of the State of Ohio, to the extent that such use would impair employee job performance or tend to bring the Village, or an agency of the Village into disrepute, or constitute conduct unbecoming the employee's position. In no event shall a prospective employee continue to use controlled substances, either on duty or off duty, during the term of employment with the Village.
(2) Sale or distribution of controlled substances. Employees of the Village are prohibited from engaging in conduct, either on or off duty, amounting to the illegal distribution of controlled substances as defined by the criminal law of the State of Ohio.
(3) Testing authorization. The Council hereby authorizes the testing of individuals seeking employment with the Village in an effort to verify compliance with the terms of this section. Council further empowers the Chief of the Village Police Department to designate appropriate test facilities, techniques and appropriate procedures in order to implement the terms of this section in conformance with the laws of the State of Ohio, the Constitution of this State, and the Constitution of the United States. The Chief of Police shall establish reasonable safeguards for preserving the confidentiality of the test results, subject to the requirements of Ohio R.C. 149.43 and Chapter 1347, if applicable, and any such test results are the sole property of the Village. The Village is entitled to use test results as a basis for action as defined under subsection (b)(5) hereof. In order to effectively test for presence of drugs, the Village may require biological specimens ("samples") from prospective employees and may require presentation of reliable identification to the person collecting the same. Selection of the type of sample is at the sole discretion of the Chief of the Village Police Department.
(4) Preemployment testing. All candidates for employment with the Village or any of its departments, on and after the effective date of this section, are hereby required to undergo to the testing authorized in subsection (b)(3) hereof.
(5) Sanctions.
A. Failure to successfully complete testing authorized herein shall automatically disqualify a candidate for appointment to the position for which such testing was performed. A positive test for drugs, however, shall not operate in and of itself, as a bar to consideration for employment, but may be considered in evaluating a candidate for employment.
B. Upon receipt of a positive drug test for any candidate for employment, the hiring authority shall review the test results, including the type of drug used, in light of the job functions of the candidate. After review, if the hiring authority determines that the candidate's former drug use will affect job performance detrimentally, such that the candidate's drug use will negatively affect the public health, safety and general welfare of the residents of the Village, the candidate shall be denied consideration for employment with the Village.
C. If the hiring authority determines that the candidate's former drug use will not affect job performance as indicated above, then the candidate may be further considered for employment. If a candidate who has tested positive for controlled substances is hired for employment with the Village, the candidate shall be required to attend a drug abuse counseling/rehabilitation program approved by the hiring authority, at the employee's or candidate's expense, until such time as the candidate demonstrates that he/she is no longer subject to the use or influence of controlled substances. Failure to attend or comply with the requirements of the treatment/counseling program shall constitute a failure to obey a lawful and reasonable direction given by a superior and will subject an employee to disciplinary action.
(6) Severability. If any part or provision of this section is held to be invalid under or repugnant to the laws of the State of Ohio, the Constitution of this State, or the Constitution of the United States, the remainder of this section shall not be affected and shall continue in full force and effect.
(Ord. 1989-6. Passed 5-8-89.)