APPENDIX A: PERSONNEL POLICY

The Town of West Siloam Spings (Town) and the West Siloam Springs Municipal Authority (Authority) are at-will employers. This means we recognize that you retain the option, as does the Town and the Authority, of ending your employment with us at any given time, with or without notice and with or without cause. As such, your employment with us is at-will and neither this handbook nor any other oral or written representations by any Town or Authority official or employee may be considered a contract for any specific period of time.

APPROVED BY THE TOWN BOARD OF TRUSTEES AND

MUNICIPAL AUTHORITY BOARD OF TRUSTEES (2023)

SECTION 1: HIRING

1.1 The Town and the Authority are equal opportunity employers. Appointment for employment shall be conducted on the basis of merit and fitness for the position. It is the policy of the Town and the Authority to comply with the nondiscriminatory provision of all Oklahoma State and Federal regulations including the Equal Opportunity Act of 1972.

1.2 The number of employees, job title, job classifications as well as compensation of all positions shall be established by the Town Board of Trustees and/or the Authority’s Board of Trustees.

1.3 Supervisors of employees of the Town/Authority shall have the authority to hire temporary status employees for a temporary employment period of up to ninety (90) days. At or before the conclusion of temporary employment period. The Town/Authority Board of Trustees shall vote on whether to retain the such temporary employee. The Board of Trustees of the Town and/or of the Authority shall hire all full time permanent employees. However, th Town/Authority Clerk may hire part-time or summer help as required without prior approval of the Town/Authority Board.

SECTION 2: NEPOTISM

2.1 It shall be the policy of the Town and of the Authority to comply with the State of Oklahoma’s regulations in regards to the employment of any person related to an elected official. In addition, no person may be employed to fill a position in which he/she is required to report either directly or indirectly to any member of his/her family. No individual may be hired to fill a position if any member of his/her family is already employed within that department. For purposes of this section members of family includes any person who is related within three degrees either by bloodline or marriage.

SECTION 3: HOURS OF WORK

3.1 Normal work period is forty hours per week. Hourly employees shall be compensated at the rate of one and one-half times their hourly rate for all hours worked over forty per week. Police officers shall be eligible for overtime in the event they are required to work in excess of 86 hours required by Police/Firemen regulations, subject to the discretion of the employee’s supervisor.

Sick pay, vacation pay, or any other paid leave shall not be considered in determining overtime pay.

Because the Town of West Siloam Springs necessarily operates under the confines of budgetary system, overtime is not encouraged. Work in excess of the regularly scheduled hours must receive prior approval from the department head if feasible and will need to be signed off by the department head.

Comp time instead of overtime pay will be allowed for all full time employees. Comp time will be calculated as hour for hour and should be taken within two weeks of time accrued.

All employees are expected to report promptly and remain on the job until quitting time, with the department head outlying the scope of the day’s work for that department. If any employee anticipates being tardy or absent, he/she shall notify his/her immediate supervisor as soon as possible. Any employee who is habitually late will be written up for policy violation.

All employees will receive a minimum of two (2) hours pay when they are called out to work.

SECTION 4: PAY PERIODS

4.1 Pay periods for Town/Authority employees are Bi-Weekly. Change in rate of compensation for all employees will be approved by the Board of Trustees and shall become effective at the beginning of the next pay period after approval.

4.2 Employees will be evaluated annually.

SECTION 5: PROMOTION AND TRANSFERS

5.1 Promotions and transfers to different departments shall be considered by the Board of Trustees upon recommendation of the department heads. Persons promoted or transferred shall meet the minimum entry requirements of the new position and have a satisfactory performance record. All promotions and transfers must be approved by the Board of Trustees.

SECTION 6: EMPLOYEE CONDUCT AND ETHICS

6.1 Employees of the Town and/or the Authority are expected to conduct themselves in a manner which is honest and is conductive to promote public trust and confidence. Actions or conditions which do not conform to appropriate conduct and for which disciplinary action is warranted include, but is not limited to the following:

1. Use of alcoholic beverages and illicit drugs are not allowed on Town/Authority property or in Town/Authority vehicles. Their possession or use by an employee during working hours will be cause for immediate termination.

2. Misrepresentation of facts on employment application or during employment interview.

3. Persistent insubordination, negligence, and incompetence, or performing subversive acts designed to undermine employee morale.

4. Abuse of Town/Authority funds, supplies or equipment. Smoking, vaping or drug use of tobacco of any kind or form in Town/Authority Buildings and vehicles while transporting an inmate.

5. Unauthorized absence: Leaving the work place without permission.

6. Soliciting or accepting gifts or gratuity as a condition for performing assigning duties.

7. Fighting while on duty, except in self-defense.

8. Engaging in “HORSEPLAY” or playing cards on Town/Authority property during duty hours.

9. Repeated convictions or misdemeanor charges.

10. Conviction of or confession to a felony charge.

11. Any other offense prohibited by law or considered prejudicial to good order and discipline.

12. Employees are prohibited from texting or making use of electronic mail functions while the vehicle is in motion. This prohibition includes the time waiting for a traffic signal to change.

13. Employees are prohibited from texting or making use of electronic mail functions for personal use during work hours, unless there is an emergency.

SECTION 7: OFF DUTY EMPLOYMENT

7.1 Holding a second job while in the employment of the Town/Authority is not encouraged. An emergency manpower situation may occur at any time and every employee is subject to call.

7.2 Employees are expected to devote their full time and attention to the business of the Town/Authority during regular working hours, therefore employees are prohibited from engaging in any conduct which diverts his/her time or the Town/Authority’s assets in connection with any outside employment or personal activity.

7.3 Employees injured during off duty employment will not be eligible for workmen’s compensation.

SECTION 8: POLITICAL ACTIVITY

8.1 Town/Authority employees are encouraged to be active in, and informed about the politics and to exercise their right to vote freely at every election. However, to ensure nonpartisan public service employees may not:

1. Use official authority or position to benefit any candidate.

2. Solicit funds or distribute campaign material while on duty.

3. Display campaign material on Town/Authority property or vehicles.

4. Use Town/Authority offices, supplies or equipment for political purposes.

SECTION 9: SAFETY

9.1 Job safety requires the use of good judgment and the practice of good habits. The following rules should be followed by all employees to ensure their safety and well-being while at work.

1. Follow all safety rules and regulations of your department.

2. File a written report to your supervisor concerning every accident when it occurs.

3. Report any unsafe practices or conditions to your supervisor.

4. Be familiar with and use all safeguards on any equipment used.

5. Use safety glasses and earplugs when called for.

SECTION 10: PUBLIC RELATIONS

10.1 As an employee of the Town/Authority you have the responsibility to serve the citizens of West Siloam Springs, therefore, you should be courteous and polite in all dealings with the public. The impressions made in your contact with the public helps them to form their opinion as to the effectiveness of the Town/Authority Government and personnel as well as the general efficiency with which each department is operated.

10.2 When not certain of the correct answer to any question, you should obtain such information or refer the question to someone who can give the correct answer. It is better to admit lack of knowledge than to give an incorrect answer. Caution must be emphasized when giving information to the public or the media. The usual procedure with the media would be to refer them to the Mayor or Town Vice Mayor/Authority Vice-Chairperson.

SECTION 11: VEHICLE ACCIDENTS

11.1 In order to comply with the policies of the Town/Authority’s insurance carrier, the following procedures should be followed carefully when an employee is involved in an accident while operating Town/Authority vehicles or equipment.

1. Notify supervisor.

2. Contact the Oklahoma Highway Patrol to investigate the accident. If the OHP is not available the supervisor will appoint an investigator.

3. Prepare a complete, written report of the accident and submit to your Department Head as soon as possible.

4. Employees shall immediately be subject to drug and/or alcohol test.

SECTION 12: TOWN/AUTHORITY PROPERTY

12.1 As a Town/Authority employee, your job requires the use of supplies and equipment, all of which are public property. You must be conscientious and use these materials wisely and for the purpose they were intended. Carelessness and wanton destruction of the property, theft or misappropriation of Town/Authority property will be cause for dismissal.

12.2 Use of Town Owned Vehicles: Employees issued a Town owned vehicle for use in performance of their duties and/or day to day activities shall NOT permit unauthorized persons in said vehicle without their Department Head supervisor approval. Town officials, Department Heads or employees without Department Head supervision use by such unauthorized persons shall be approved by the Mayor or his/her designee. Unauthorized persons shall include, but not be limited to, spouse, children, significant other, family and friends. Unauthorized persons shall NOT include transportation of prisoners by law enforcement officers, assistance to members of the public in times of emergency or distress (vehicle wreck or difficulties, weather extremes, etc.) nor to engineers or contractors inspecting a job site with Town employees and/or officials.

SECTION 13: POLICE DEPARTMENT VEHICLES

13.1 The Chief of Police may designate the use of Police vehicles.

13.2 Officers on duty may cross the County and State boundary line in his/her vehicle when called upon to assist in the apprehension of a person in violation of the law.

13.3 The officer on duty may take his/her vehicle across the State line into Siloam Springs, AR. to obtain a meal.

SECTION 14: GRIEVANCE PROCEDURE

14.1 A grievance is defined as cause of distress felt to afford reason for complaint or resistance. Grievance may be based on any valid problem from specific work conditions to a protest of disciplinary actions. The following procedures should be followed by an employee wishing to file a grievance.

1. Submit in writing the details of the grievance to his/her immediate supervisor within three (3) working days of the incident. If the grievance is unresolved by the employee’s supervisor, or if the employee is not satisfied with the action or decision of his/her supervisor, the grievance will be brought before the Town/Authority Board of Trustees at the next scheduled regular meeting of the Town/Authority Board of Trustees.

SECTION 15: DISCIPLINARY ACTION

15.1 Disciplinary action may be instigated whenever an offense occurs. The action may consist of a verbal reprimand, a written reprimand, suspension or termination.

1. Verbal Reprimand: The verbal reprimand shall be given to the employee, detailing the employee’s alleged misconduct without causing any written record to become a part of the employee’s personnel file.

2. Written Reprimand: The written reprimand shall be given to the employee, detailing the employee’s alleged misconduct. The written reprimand shall become a part of the employee’s personal file.

3. Suspension with or without pay.

4. Termination.

SECTION 16: BENEFITS

16.1 The Town/Authority pays the employers one-half of all employees FICA & Medicare taxes as required by law. Additionally, the Town/Authority provides workman’s compensation insurance and unemployment insurance for all Town/Authority employees.

16.2 Compensated leaves are provided to full-time employees.

Vacation Leave: After one (1) year of continuous service one (1) week (42 hours for law enforcement employees and 40 hours for all other employees) of paid vacation leave is authorized. Between three (3) and (9) years of continuous service (2) two weeks (84 hours for law enforcement employees and 80 hours for all other employees) of paid vacation leave is authorized. After ten (10) years of continuous service and thereafter three (3) weeks (126 hours for law enforcement employees and 120 hours for all other employees) of paid vacation leave per year is authorized.

Vacation leave accrued in accordance with the above schedule may not be taken in advance, but must be taken within one year of being accrued. Vacation time not taken within the year time frame will be lost, however, if employee cannot take his/her vacation time in the allotted time frame payment for all unused vacation will be paid within the next regularly scheduled paycheck for the pay-period in which the anniversary date falls. Vacation time not taken within the year time frame will be cashed , however, if an employee cannot take his/her vacation time in the allotted time frame, part time frame, payment for all unused vacation will be paid within the next regularly scheduled paycheck for the pay period in which the anniversary date falls. Vacation time may also be cashed out anytime after being earned upon two weeks advance written request from the employee.

Earned vacation leave will be granted whenever possible upon request by the employee. However, due to work schedules and the requirements of the Town/Authority, vacations must be scheduled to ensure that an adequate workforce is available. Employees are encouraged to schedule their desired vacation time with the appropriate Department Head well in advance.

16.3 Holidays: The Town/Authority allows for paid holidays for full time employees as described below.

Employees are required to work their regularly scheduled work day the day before and the day after in order to be eligible for holiday pay. Some positions will be required to work on holidays.

If the employee works the holiday then they will be paid for the amount of hours worked times two.

If the employee is not scheduled to work they will receive 8 hours holiday pay as follows: 12 hours for law enforcement employees and 8 hours for all other employees.

If the employee is off because of the holiday they will also receive 8 hours holiday pay.

If the employee is on workman’s comp they will be paid for 8 hours of holiday pay.

Paid holidays are as follow:

1. New Year’s Day-January 1st

2. President’s Day-3rd Monday in February

3. Good Friday-Friday before Easter Sunday

4. Memorial Day- Last Monday in May

5. Juneteenth-June 19

6. Independence Day- July 4th

7. Labor Day- First Monday in September

8. Indigenous Peoples’ Day/Columbus Day-2nd Monday in October

9. Thanksgiving Day -Fourth Thursday in November & Friday after

10. Christmas Day- December 25th & Day before or After (determined annually)

12. Birthday or floating day (employees’ discretion)

The holiday’s that are determined annually will be done by the Town/Authority Clerk.

16.4 PAID TIME OFF. Employees will accumulate two hours of PTO time per pay period, commencing ninety (90) days after employment.

PTO hours can only be used in one hour increments.

PTO hours can be accumulated up to 240 hours.

PTO hours may only be used by the employee who earned them.

Employees who are separated from service will not be paid for accumulated PTO hours if they have less than two (2) years of service. Employees who are separated from service will be paid one-half of their accumulated PTO hours if they have more than two (2) years of service with the Town/Authority. Employees who are separated from service will be paid all accumulated PTO hours if they have more than (10) years of service with the Town/Authority.

16.5 Jury Duty: Employees will be granted leave with pay for the purpose of participating in judicial proceedings, whether as a subpoenaed witness or for jury upon submitting proof of the requirement for his/her presence to Department Head.

16.6 Leave with pay may be granted to an employee in the event of a death of an immediate family member. Such leave will be thirty-six (36) hours for law enforcement employees and twenty-four (24) hours for all other employees. Additional time without pay may be granted with the approval of the department heads.

The immediate family is defined as: Spouse, Children, Parents, Brothers, Sisters, Grandchild, Grandparent, Father-in-law, Mother-in- law, Brother-in-law, Sister-in-law, Son-in-law, Daughter-in-law, Step Children, Step Parent, Step Grand Children.

The term “Step Children, Step Parent and Step Grand Children,” shall mean; a person who is in an active marriage with an immediate family member.

Retirement is provided by the Town/Authority to the employee after 90 days of full-time employment. The Town/Authority contributes at the rate of 3% and the employee’s rate is also a mandatory 3%. The employee may contribute more if they choose to do so.

Non-Compensated Leaves:

Unpaid maternity leave: A total of two months of unpaid maternity leave in addition to any vacation or sick leave to which the employed is entitled.

Unpaid Military leave: Military leave shall be granted to individuals as a leave of absence without pay in accordance with Federal Law.

SECTION 17: BACKGROUND CHECKS FOR APPLICANTS

17.1 Background checks will be conducted on all future applicants as a precondition of employment.

17.2 The Chief of Police or Asst. Chief will conduct, review, and approve background checks.

17.3 An application of employment with the Town/Authority shall constitute authorization for a background check for an applicant of employment.

17.4 Any individuals who have been convicted of serious crimes, or who have been identified on any abuse registry, or who have backgrounds deemed inappropriate by Town/Authority officials, the post-job offer screening process will be terminated, and the applicant will not be considered for employment.

SECTION 18: COMMERCIAL DRIVERS LICENSE

18.1 Any application with the Town/Authority Water, Sewer or Street Department shall obtain a commercial driver’s license (CDL) within one year of hire if such a license is needed to carry out their duties as an employee of the Town/Authority Water, Sewer or Street. Such employee shall not be permitted to drive equipment requiring a CDL for operation until a CDL has been obtained.

18.2 A failure to obtain the CDL within the prescribed time limits will be grounds for discipline including verbal reprimand; written reprimand; suspension; or termination of employment.

SECTION 19: DRUG TESTING (Revised December 21, 2020) DRUG AND ALCOHOL FREE WORKPLACE POLICY

19.1 PURPOSE: The Town/Authority of West Siloam Springs considers its employees to be its most valuable resource and is concerned about the health, safety, wellbeing, and satisfactory work performance of all employees. The use, abuse, and dependence on alcohol, drugs or other chemical substances can seriously affect the health of employees, jeopardize their own safety and that of others, as well as impair job performance. It is the policy of the Town/Authority to comply with all applicable state and/or federal laws in the administration of creating and sustaining a drug and alcohol free workplace.

19.2 VIOLATION OF POLICY: Any employee found manufacturing, using, possessing, selling, distributing, dispensing or being under the influence of alcohol, drugs, a controlled substance and/or an illegal chemical substance during working hours or while on Town property, wearing a Town uniform or while using Town equipment will be subject to discipline up to and including termination of employment.

19.3 APPLICATION: This policy applies to all employees as well as all applicants for employment once they have received a conditional offer of employment. This policy will comply with the Oklahoma Standards for Workplace Drug and Alcohol Testing Act, 40 O.S. § 551, et seq. (Act) as amended.

19.4 APPLICANT PRE-EMPLOYMENT TESTING: All applicants will undergo drug and/or alcohol testing following a conditional offer of employment, but prior to final hiring and assignment. Refusal to undergo a test, or a positive test, will result in the Town withdrawing its conditional offer of employment. In addition, adulteration of a specimen for a drug or alcohol test will be considered as a refusal to undergo a test.

19.5 FOR CAUSE TESTING: Drug and/or alcohol testing may be conducted on any employee at any time the Town has reasonable suspicion there is cause to believe an employee may be under the influence of drugs or alcohol, including, but not limited to, the following circumstances:

1. Observation of drugs or alcohol on or about the employee’s person or in the employee’s vicinity;

2. Observation of conduct on the part of the employee that suggests that the employee is impaired or is under the influence of drugs or alcohol;

3. Receipt of a report of drug or alcohol use by an employee while at work;

4. Information that an employee has tampered with drug or alcohol testing at any time;

5. Negative job performance patterns by the employee; or

6. Excessive or unexplained absenteeism or tardiness.

The supervisor will verbally inform the employee of the reason for the test. Additionally, a written record of the situation leading to the drug or alcohol test will be created and signed by the supervisor(s) within 24 hours of the event. A copy of the report will be forwarded to the Town Clerk.

The employee involved must stop work immediately and will be transported as soon as possible to the designated testing facility by a management/supervisory employee. The employee will not be allowed back to work until the results of the test are known.

19.6 POST ACCIDENT TESTING: Post-Accident drug and/or alcohol testing may be conducted on an employee where there has been damage to Town property or equipment while the employee was at work or the employee or another person has sustained an injury while at work. The post accident test will be administered while the employee is still on duty or as close to as possible. No employee required to take a post accident alcohol or drug test may use any alcohol or drugs, of any kind, following the accident until the employee undergoes the post accident testing.

19.7 RANDOM TESTING: The Town may, at various times, randomly select members of the following employment groups, at its discretion, for unannounced random testing for drugs or alcohol:

1. Police officers;

2. Firefighters;

3. E.M.S;

4. Street;

5. Town municipal utilities authority: excluding office employees;

6. Persons engaged in activities which directly affect the safety of the public;

7. Employees whose work requires possession of a CDL.

19.8 PERIODIC SCHEDULED TESTING: The Town may require an employee in any of the employment groups identified in Section 19.6 above to undergo drug or alcohol testing as part of a routinely scheduled employee fitness for duty examination or in connection with the employee’s return to duty from a leave of absence.

19.9 POST REHABILITATION TESTING: The Town may require an employee to undergo drug and/or alcohol testing, without prior notice, for a period of up to two (2) years after the employee’s return to work following a confirmed positive test result or following participation in a drug or alcohol dependency program. Post-rehabilitation testing will be conducted in addition to any other testing the employee is subject to under this policy.

19.10 SUBSTANCE FOR WHICH TESTS MAY BE GIVEN: The Town reserves the right to test for all drugs and for the presence of alcohol. The test for drugs may include, but are not be limited to: methamphetamines, amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, designer drugs, steroid or a metabolite of any of the above.

Threshold reporting levels will be those established and maintained by the Federal Department of Transportation and as utilized by the National Institute for Drug Abuse (NIDA). Any positive levels below those established reporting levels will not be reported to the Town’s Review Officer by the testing laboratory.

19.11 METHODS AND DOCUMENTATION: Collection, storage, transportation, testing facilities and testing procedures will be conducted in accordance with rules established by the State Board of Health. Samples may be collected on the premises of the Town at its election. Body component samples will be collected with due regard to the privacy of the individual being tested. In no case may any Town employee directly observe collection of a urine sample. A written record of the chain of custody of the sample will be maintained until the sample is no longer required.

All sample testing will conform to scientifically accepted analytical methods and procedures. Testing will include confirmation testing of any positive test results by gas chromatography, gas chromatography-mass spectroscopy, or an equivalent scientifically accepted method of equal or greater accuracy as approved by the State Board of Health at the cut off levels as determined by the State Board of Health. In the case of the use of Breathalyzer testing method, no discipline may be imposed unless there is a confirmation test performed on a second sample that confirms the prior results.

An applicant or employee will be given the opportunity to provide notification of any information which he/she considers relevant to the test, including currently or recently used drugs or other relevant information. In the event that an applicant or employee wishes to challenge the results of the Town’s test, he/she may do so as provided in this policy. The applicant or employee must have had the sample collected within one hour of the Town’s sample and such retest must be in accordance with the standards set forth by the State Board of Health and in this policy.

19.12 COSTS: The Town is responsible for all costs associated with drug or alcohol testing. However, if an applicant or employee requests a confirmation test of a sample within twenty-four (24) hours of receiving notice of a positive test result in order to challenge the results of the positive test, the applicant or employee is responsible for the cost of the confirmation test unless the confirmation test reverses the findings of the challenged positive test. In such case, the Town will reimburse the person for the cost of the confirmation test.

19.13 REFUSAL TO UNDERGO TESTING OR TAMPERING WITH SAMPLE: Employees who refuse to undergo testing according to the terms of this policy will be subject to disciplinary action up to and including termination. Adulteration of a specimen or of a drug or alcohol test will be considered as a refusal to undergo a test and will result in disciplinary action up through and including termination of employment.

19.14 REVIEW OFFICER: The Town will contract with a Review Officer who will receive confirmed positive test results from the testing facility and evaluate those results in conjunction with the subject employee and/or applicant. The Review Officer will be qualified by the Board of Health to receive, interpret and evaluate the test results. Upon receiving a confirmed positive test result, the Review Officer will contact the applicant or employee prior to notification of Town officials. The applicant or employee will be given the opportunity to explain the test results.

19.15 CONFIDENTIALITY: The Town will treat all tests and all information related to such tests, as confidential materials. All records relating to drug testing will be kept separated from personnel records. The records are the property of the Town but will be made available to the affected applicant or employee for inspection and copying upon request and will also be available for review by the Town Review Officer. Except as set forth below, the records will not be released to any person other than the applicant or the employee without that person’s express written permission. However, the Town may release the records:

1. To comply with a valid judicial or administrative order;

2. As admissible evidence in a case or proceeding before a court of record or administrative agency if the employee or the Town is named as a party in the case or proceeding; or

3. To employees or agents of the Town who need access to the records in connection with the administration of this Policy and the Act.

19.16 DISCIPLINARY ACTION: The Town may elect to take disciplinary action, up to and including termination of employment, against an employee who: 1) tests positive for drugs and/or alcohol; 2) refused to test under this policy; or 3) adulterates a specimen for a drug or alcohol test.

1. The Town will evaluate the employment history of any employee who tests positive for drugs and/or alcohol. The appropriate course of action will be determined based on the employee’s total work record. Where deemed appropriate by management, an employee may be offered the opportunity to enter into a rehabilitation program. Continued employment will be contingent upon the successful completion of a rehabilitation program and an agreement to undergo periodic drug and/or alcohol post-rehabilitation testing for up to two (2) years. However, the Town reserves the right to initiate disciplinary action, up to an including termination of employment, for the first positive test result. A decision regarding disciplinary action under this policy by management will be final and binding.

2. Employees who have tested positive, and who have been offered the opportunity to participate in a rehabilitation program in lieu of termination of employment, will not be allowed to return to work until they can provide a verified negative “return to work” test from a Town approved facility. An employee may be allowed a maximum of 12 weeks to provide a verified negative “return to work” drug or alcohol test. If a negative test is not provided within 12 weeks, the employee will be terminated from employment. Until a negative “return to work” test is supplied, the employee will be on leave without pay. However, an employee may request permission to use accrued sick leave and vacation leave. An employee may request a “return to work” test no sooner than two weeks from a positive test result, and subsequently every other week thereafter, until a negative “return to work” test is obtained. Employees refusing to seek help or submit to testing in accordance with this policy will be subject to disciplinary action.

3. In the event the Town does not terminate the employment of an employee who has a positive test result, the employee who enters a rehabilitation program after the positive test results will be permitted to do so only once. Any future recurrence for abuse with the same or any other substance will result in termination of employment.

4. An employee who is discharged from employment on the basis of refusal to undergo drug or alcohol testing or based on a positive drug or alcohol test will be considered as having been discharged for misconduct for the purpose of unemployment compensation and the Town will protest any application for unemployment benefits.

19.17 PROHIBITIONS: No employee may report for duty within four hours after using alcohol or remain on duty while having an alcohol concentration of 0.00 or greater and no supervisor will permit any employee to perform any work duties if the supervisor is aware the employee has an alcohol concentration of 0.00 or greater. No employee will be on duty or operate a Town vehicle/equipment or perform job duties while in possession of alcohol nor use alcohol during duty time. Further, no employee may report for duty, drive a Town-owned vehicle, operate Town equipment or remain on duty when the employee has used any controlled substance, except when the use is pursuant to the instructions of a physician and where the physician has advised an employee the substance will not adversely affect an employee’s ability to drive a vehicle or operate equipment. No supervisor having knowledge that an employee has used a controlled substance may permit an employee to be on duty or drive/operate any Town vehicle or equipment.

19.18 RESPONSIBILITIES OF INDIVIDUALS: In order to comply with the provisions of this policy, each employee assumes the following responsibilities:

1. Working under the Influence of Performance Impairing Medication: Employees who have been prescribed legal medications that might affect the safe performance of their duties are required to notify their supervisors prior to performing any hazardous or dangerous tasks.

2. Reporting to Work or Working While Impaired: Employees may not report to work and may not continue to work while impaired by any restricted substance identified in this policy.

3. Reporting Violations: The services provided by certain employees are performed, at times, under hazardous and dangerous conditions. Thus, employees are encouraged to come forward and report any violation of this policy to management. This information may be instrumental in the prevention of serious accidents and injuries on the job.

19.19. DEFINITION: As used in this policy, the defining terms as follows:

1. “Alcohol” means ethyl alcohol or ethanol.

2. “Applicant” means a person who has applied for a position with the Town/Authority.

3. “Breath alcohol technician ‘BAT’” - an individual who instructs and assists in the alcohol testing process and operates an evidential breath testing device (EST).

4. “Commercial Motor Vehicle” - motor vehicle or combination of motor vehicles used in Commerce to transport passengers or property if the motor vehicle:

A. Has a gross combination weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or

B. Has a gross vehicle weight rating of 26,001 or more pounds; or

C. Is designed to transport 16 or more passengers, including the driver; or

D. Is of any size and is used in the transportation of hazardous materials requiring placards.

5. “Confirmation test” means a drug or alcohol test on a sample to substantiate the results of a prior drug or alcohol test on the same sample and which uses different chemical principles and is of equal or greater accuracy than the prior drug or alcohol test.

6. “Driver” - an person who operates a commercial motor vehicle (CMV). For the purposes of pre-employment testing, the term driver includes a person applying to drive a commercial motor vehicle.

7. “Drug” means amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, propoxyphene, synthetic narcotics, designer drugs, or a metabolites of any of the substances listed herein;

8. “Drug or alcohol test” means a chemical test administer for the purpose of determining the presence or absence of a drug or its metabolites or alcohol in a person’s bodily tissue, fluids or products;

9. “Employee Assistance Program” or “EAP” means an in-house or contracted program which, at a minimum, provides drug and alcohol dependency evaluation and referral services for substance abuse counseling treatment rehabilitation.

10. “Employee” means any person who is an employee of the Town/Authority or any person volunteering on behalf of the Town/Authority, including but not limited to reserve police officers.

11. “Town” means the Town of West Siloam Springs. “Authority” means the Municipal Authority of West Siloam Springs.

12. “Random selection bases” means a mechanism or selecting employees for drug or alcohol testing that:

A. Results in an equal probability that any employee from a group of employees subject to the selection mechanism will be selected, and

B. Does not give the Town/Authority discretion to waive the selection of any employee selected under the mechanism;

13. “Reasonable suspicion” means a belief that an employee is using or has used drugs or alcohol in violation of the Town/Authority’s written policy drawn from specific objective and particular facts and reasonable inferences drawn from those facts in light of experience, and may be based upon, among other things:

A. Observable phenomena, such as:

1. Physical symptoms or manifestations of being under the influence of drugs or alcohol while at work or on duty, or

2. Direct observation of drug or alcohol use while at work or on duty.

B. A report of drug or alcohol use while at work or on duty, provided by reliable and credible sources and which has been independently corroborate.

C. Evidence that an individual has tampered with a drug or alcohol test during his/her employment with the Town/Authority, or

D. Evidence that an employee is involved in the use, possession, sale, solicitation or transfer of drugs or alcohol while on duty or while on the Town/Authority’s premises or operating the Town/Authority’s vehicle, machinery or equipment.

14. “Medical Review Officer (MRO)” means a person, qualified by the State Board of Health, who is responsible for receiving results from a testing facility which have been generated by the Town/Authority’s drug or alcohol testing program, and who has knowledge and training to interpret and evaluate an individual’s test results together with the individual’s medical history and any other relevant information.

15. “Sample” means tissue, fluid or product of the human body chemically capable or revealing the presence of drugs or alcohol in the human body.

16. “Safety-sensitive function”

A. All time waiting to be dispatched, unless the commercial motor vehicle driver has been relieved from duty by the employer.

B. All time inspecting equipment, or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at anytime.

C. All time spent at the driving controls of a commercial motor vehicle.

D. All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded.

E. All time spent performing the driver requirements associated with an accident.

F. All time repairing, obtaining, assistance or remaining in attendance upon a disabled vehicle.

17. “Screening Test” in alcohol testing it means an analytical procedure to determine whether an employee may have a prohibited concentration of alcohol in his or her system. In controlled substance testing it means an immunoassay screen to eliminate “negative” urine specimens from further consideration.

18. “Substance Abuse Professional (SAP)” - a licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission).

SECTION 20: POLICY AGAINST HARASSMENT AND DISCRIMINATION

Discrimination, harassment, and/or retaliation in any form constitute misconduct that undermines the integrity of the employment relationship with the Town/Authority. The Town/Authority prohibits discrimination and/or harassment that is sexual, racial, or religious in nature or is related to anyone’s gender, national origin, age, disability, or any other basis protected by federal, state, or local law. Furthermore, the Town/Authority will make reasonable accommodations for qualified individuals with known disabilities, unless doing so would result in an undue hardship, health, or safety concern.

Unwelcome sexual advances, requests for sexual favors, or other verbal, visual, or physical conduct of a harassing and/or discriminatory nature will constitute harassment and/or discrimination. Employees must be allowed to work in an environment free from unsolicited and unwelcome sexual overtures. Sex discrimination and sexual harassment are against the law. The following are some examples of conduct which may be legally actionable sexual harassment:

• Use of any offensive or demeaning terms which have sexual connotation.

• Objectionable physical proximity or physical contact.

• Any indication, express or implied, that an employee’s job security, job assignment, conditions of employment, or opportunities for advancement depend or may depend on the granting of sexual favors to any other employee, supervisor, or manager.

• Any action relating to an employee’s job status which is in fact affected by consideration of the granting or refusal of social or sexual favors.

• The deliberate or careless creation of an atmosphere of sexual harassment or intimidation.

• The deliberate or careless expression of jokes or remarks of a sexual nature to or in the presence of employees who may find such jokes or remarks offensive.

• The deliberate or careless dissemination of materials (such as cartoons, articles, pictures, etc.) which have a sexual content and which are not necessary for our work, to employees who may find such materials offensive.

The Town/Authority expects that everyone will act responsibly to establish a professional work environment. However, if an employee feels he/she has been subjected to any form of harassment, discrimination and/or unfair treatment, the employee should report that conduct to his/her immediate supervisor, another member of supervision, or the Mayor within three calendar days of the offense. Employees are not required to approach the person who is harassing and/or discriminating against them, and they may bypass any offending member of supervision. The person the harassment or discrimination is reported to will take the necessary steps to initiate an investigation of the discrimination and/or harassment claim. Employees who believe they have been discriminated against on the basis of a disability or who believe they have not been properly afforded a reasonable accommodation for a disability should utilize this same complaint and reporting process. The Town/Authority will conduct its investigation in as confidential a manner as possible. However, the Town/Authority will not allow the goal of confidentiality to be a deterrent to an effective investigation. A timely resolution of each complaint will be reached and communicated to the employee. Appropriate corrective action, up to and including termination, will be taken promptly against any employee engaging in discrimination and/or harassment. The corrective action issued will be proportional to the severity of the conduct. The alleged harasser’s employment history and any similar complaints of prior unlawful discrimination and/or harassment will be taken into consideration.

The Town/Authority prohibits retaliation of any kind against employees, who, in good faith, report harassment, discrimination and/or unfair treatment or assist in investigating such complaints. If an employee feels he/she has been subjected to any form of retaliation, the employee should report that conduct to his/her immediate supervisor, another member of supervision, or the Mayor within three calendar days of the offense. Employees are not required to approach the person who is retaliating against them, and they may bypass any offending member of management.

(Document, “Town of West Siloam Springs, Oklahoma and West Siloam Springs Municipal Authority Personnel Policies”) (Res. 2021-11-02, passed 11-15-2021)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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