Article 8 — ALCOHOL AND DRUG ABUSE POLICY

Substance abuse causes job-related accidents, absenteeism, substandard performance and poor employee morale, and impairs the city's reputation. This article is intended to eliminate substance abuse in the workplace. It is not intended to intrude into the private lives of city employees. The city's concern is that employees be in a condition to perform their duties safely and efficiently. The use of performance-impairing or unlawful drugs and alcoholic beverages on the job and the influence of those substances on employees during working hours are inconsistent with that objective.

(Ord. 97-4 §1(part), 1997).

A.

Employees shall not be under the influence of or in possession of alcoholic beverages or unlawful or performance-impairing drugs while on city property or work locations, while on city duty.

B.

The city manager may grant permission for use of cooking sherry or the like to city staff in appropriate circumstances.

C.

City employees shall not be barred by this article from properly performing their job functions. Accordingly, police employees who come into possession of alcoholic beverages and/or unlawful drugs as part of their official duties shall not be in violation of this article.

D.

Employees shall not sell or provide unlawful drugs or alcoholic beverages to any person while on city duty.

E.

Employees must report their use of any performance-impairing drugs to their supervisor before beginning work.

F.

If there is a question regarding an employee's ability to safely or effectively perform his or her duties while using a drug, clearance from a qualified physician may be required.

G.

An employee may be required to submit promptly to a blood or urine test for drugs or alcohol by a city- selected physician or laboratory when there exists reasonable cause to suspect that the employee is or was impaired or under the influence of drugs or alcoholic beverages while on city duty.

H.

The city will provide reasonable accommodation to employees who have a drug or alcohol problem which classifies them as handicapped under federal and/or state law. Such accommodation does not include allowing the employee to work while he or she is impaired or under the influence of drugs or alcoholic beverages.

I.

The city has established a voluntary employee assistance program (EAP) to assist employees who voluntarily seek help for alcohol or drug related problems. Employees should contact their supervisors or the EAP counselor for information concerning this program.

(Ord. 97-4 §1(part), 1997).

If a supervisor reasonably suspects that an employee is or was under the influence of alcoholic beverages or performance-impairing drugs while on city duty, the following procedures shall be followed:

A.

The employee and department director (or city manager, if the director is not available) shall immediately be informed of the supervisor's suspicions and advised that he or she may have a representative present during the drug/alcohol test. This notification shall be documented. The delay in the employee securing representation shall not exceed fifteen minutes from the time the employee is ordered to submit to the drug/alcohol test. The employee shall be permitted an additional period of time, not to exceed five minutes, in which to confer with the representative.

B.

The supervisor shall document the specific facts constituting the reasonable suspicion that the employee is or was under the influence of alcoholic beverages or performance-impairing drugs while on city duty.

C.

The employee will be offered an opportunity to give an explanation of his or her condition, such as reaction to a prescribed drug, fatigue, etc. This shall be recorded in the incident report.

D.

The supervisor shall sign and date the incident report form.

E.

The employee shall be provided with a copy of the incident report form upon its completion.

F.

Before a drug/alcohol test is administered to an employee or applicant for city employment, the person will be asked to sign a consent form authorizing the clinic or laboratory to obtain a blood and/or urine specimen and to release the results of the test to the personnel director and to the appropriate department director. The consent form shall provide space for the employee or job applicant to indicate his or her current or recent use of prescription or over-the-counter medication.

G.

Unless there is reason to believe that the employee or job applicant has altered a sample or specimen, or unless modified by agreement of the parties, the employee or applicant shall be allowed to provide the specimen in the privacy of a stall or otherwise partitioned area.

H.

A job applicant who refuses to consent to a drug and/or alcohol test will be denied employment with the city and will be removed from the appropriate eligibility list.

I.

An employee who refuses to consent to a drug and/or alcohol test when there is reasonable suspicion of drug or alcohol use in violation of this article, shall be subject to disciplinary action up to and including termination. The reason for the refusal shall be considered in determining the appropriate disciplinary action.

J.

An employee reasonably believed to be under the influence of alcoholic beverages or unlawful or performance-impairing drugs while on city duty shall be prevented from engaging in further work and shall be detained for a reasonable time until he or she can be safely transported from the work site.

(Ord. 97-4 §1(part), 1997).

This article applies to all employees and applicants for employment with the city. It applies to alcoholic beverages and to all substances, drugs and medications, legal or illegal, which could impair an employee's ability to effectively and safely perform his or her job.

(Ord. 97-4 §1(part), 1997).

Employees shall:

A.

Not report to work while their ability to perform their job duties is impaired due to use of alcoholic beverages or drugs;

B.

Not possess or use alcoholic beverages or unlawful or performance-impairing drugs during working hours, on breaks, during meal periods or at any time while on city property other than as part of their job related duties;

C.

Not directly or through a third party sell or provide unlawful or performance-impairing drugs or alcoholic beverages to any person, including employees, while either or both employees are on city duty;

D.

Submit immediately to an alcohol/drug test when requested by a responsible city representative;

E.

Notify their supervisor before beginning work when taking any medications or drugs, prescription or nonprescription, which may interfere with the safe and effective performance of their duties or the operation of city equipment; and

F.

Provide, within twenty-four hours of request by their supervisor, bona fide verification of a current valid prescription for any potentially impairing drug or medication identified when a drug/alcohol test is positive.

(Ord. 97-4 §1(part), 1997).

A.

Directors and supervisors are responsible for enforcement of this policy.

B.

Directors and supervisors may request an employee submit to a drug and/or alcohol test when the supervisor has a reasonable suspicion that the employee is intoxicated or under the influence of unlawful or performance-impairing drugs or alcoholic beverages while on city duty. "Reasonable suspicion" means a belief based on objective facts sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of unlawful or performance-impairing drugs or alcoholic beverages so that the employee's ability to perform the functions of his or her job is impaired or that the employee's ability to perform his or her job safely is reduced. For example, any of the following, alone or in combination, may constitute reasonable suspicion:

Slurred speech;

Alcoholic odor on breath;

Unsteady walking and movements;

Bizarre or extremely unusual behavior; or

Possession of alcohol or unauthorized drugs while on duty.

C.

A director or supervisor requesting an employee to submit to a drug and/or alcohol test shall document on an incident report form the facts constituting the reasonable suspicion for believing that the employee is impaired or under the influence of alcoholic beverages or drugs.

D.

An employee who refuses an order to submit to a drug and/or alcohol analysis upon the request of the supervisor or department director shall be reminded of the requirements and disciplinary consequences of such refusal. If there is reasonable suspicion that the employee is then under the influence of an alcoholic beverage or unlawful or performance-impairing drug, the director should detain the employee for a reasonable time until the employee can be safely transported home.

E.

Directors and supervisors shall not physically search the person of the employee, nor shall they search the personal possessions of the employee without the freely given consent of the employee. Any search of an employee's personal possessions shall be conducted only in the presence of the employee.

F.

Supervisors shall notify their department director or the city manager when they have reasonable suspicion to believe that an employee has illegal drugs in his or her possession or in an area not jointly or fully controlled by the city. If the department director concurs that there is reasonable suspicion of illegal drug possession, the department director shall notify the appropriate law enforcement agency.

(Ord. 97-4 §1(part), 1997).

The drug and/or alcohol examination may test for any substance which could impair an employee's ability to effectively and safely perform the functions of his job, including but not limited to prescription or

nonprescription medications, heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, marijuana and other cannabinoids.

(Ord. 97-4 §1(part), 1997).

A.

Pre-employment Physical. A positive test from a drug and/or alcohol analysis may result in the applicant not being hired where the applicant's use of unlawful drugs and/or alcohol could reasonably affect job performance. If a drug screen is positive for unlawful or prescription drugs at the pre-employment physical, the applicant must provide, within twenty-four hours of request, bona fide verification of a valid prescription for the drug identified in the drug screen. If the prescription is not in the applicant's name, or if the applicant does not provide adequate verification, the appointing authority may determine not to hire the applicant.

B.

During Employment Physical or Alcoholic Drug Tests. A positive result from a drug and/or alcohol analysis showing use of unlawful or performance-impairing drugs or alcohol may result in disciplinary action, up to and including discharge. If the drug screen is positive for unlawful or prescription drugs, the employee must provide, within twenty-four hours of request, bona fide verification of a valid prescription for the drug identified in the drug screen. If the employee does not provide adequate verification of a valid prescription, or if the employee has not previously notified his or her supervisor of his or her on-the-job use of such performance-impairing drug, the employee will be subject to disciplinary action, up to and including discharge.

(Ord. 97-4 §1(part), 1997).