(A) Employees may be subject to disciplinary action, up to and including discharge, for any of the following infractions:
(1) Refusal to submit to an authorized drug or alcohol test. Refusal to submit to testing means that the employee fails to provide an adequate urine or breath sample for testing without a valid medical explanation after he/she has received notice of the requirements to be tested, or engages in conduct that clearly obstructs the testing process. Refusal to submit to testing includes, but is not limited to, refusal to execute any required consent forms, refusal to cooperate regarding the collection of samples, and/or submission or attempted submission of an adulterated or substituted urine sample.
(2) Drinking alcoholic beverages or using drugs while on duty, on city property, in city vehicles, during breaks or at lunch.
(3) Unlawful manufacture, distribution, dispensation, possession, concealment or sale of any prohibited substance, including an alcoholic beverage, while on duty, on city property, in city vehicles, during breaks or at lunch.
(4) Any criminal drug statute conviction and/or failure to notify the city of such conviction within five days.
(5) Refusal to cooperate in a search.
(6) Having an alcohol concentration of 0.04% or greater in any authorized alcohol test.
(7) Testing positive for drugs and/or their metabolites in any authorized drug test.
(B) Although the foregoing infractions will ordinarily result in discharge regardless of the employee’s position, the city reserves the right to consider extenuating circumstances and impose lesser discipline when such action is deemed appropriate.
(Ord. 345, passed 10-20-03)