[Added 8-4-1987 by Ord. No. 87-39]
The provisions of this article shall apply to all employees
of the City of Englewood except as otherwise specifically provided
herein.
As used in this article, the following terms shall have the
meanings indicated:
[Amended 9-15-1992 by Ord. No. 92-24]
The unlawful manufacture, distribution, dispensation, possession,
or use of any controlled dangerous substance as defined in any law
the State of New Jersey or of the United States.
The use or consumption of an alcoholic beverage or controlled
dangerous substance in such manner or in such quantity so as to adversely
affect an employee's work performance or ability to carry out job-related
duties.
The taking of samples of urine and/or blood or the taking
of breath samples and the testing thereof to determine the presence
of controlled dangerous substances or the presence of alcoholic beverages.
A.
As a condition of employment with the City of Englewood, an applicant
selected for employment on a permanent basis by the City of Englewood
shall be required to submit to substance screening.
B.
Any applicant for employment who refuses to submit to such substance
screening or who is determined as a result of such substance screening
to have violated the provisions of this article regarding substance
abuse shall not be employed by the City of Englewood.
C.
All advertisements and announcements or employment positions with
the City of Englewood shall contain a notice that substance screening
is a condition of employment; provided, however, that the failure
to provide such notice shall not preclude such pre-employment substance
screening.
A.
Whenever medically indicated, as part of any regularly scheduled
medical examination, or routine medical examination scheduled in connection
with an injury, accident, disability, workers' compensation claim,
illness, or sick leave abuse, the City may require an employee to
submit to the taking of blood and/or urine samples.
B.
Any employee who refuses to undergo such regularly scheduled or routine
physical examination and to submit to the taking of such samples shall
be in violation of provisions of this article.
C.
In addition to such tests as may be medically indicated, the City
may submit such samples for substance screening.
A.
The City of Englewood may require any employee to undergo mandatory
substance screening whenever there is individualized reasonable suspicion
to believe that such employee has committed substance abuse.
B.
Whenever an employee's supervisor shall have individualized reasonable
suspicion that an employee may have committed substance abuse, the
supervisor shall prepare a report, in writing, identifying the employee
and setting forth, in detail, the factual basis for such individualized
reasonable suspicion. Where the individualized reasonable suspicion
is based upon the observations of other than the supervisor preparing
the report, the supervisor shall obtain and attach to the report a
written witness statement signed by the observer.
C.
Upon completion of the written report, the supervisor shall sign
same and submit same to the respective department head. The department
head shall review said report, and any accompanying documentation
and may, in his discretion, request additional information, question
witnesses, consult with the employee, or conduct his own investigation.
If the department head reasonably determines that the report and accompanying
documents, together with the results of any further investigation,
results in an individualized reasonable suspicion that an employee
has violated the provisions of this article relating to substance
abuse, the department head may, after prior consultation with the
City Solicitor or his designee, direct the employee to undergo mandatory
substance screening.
A.
The taking of samples shall be performed in a medically acceptable
manner and, with respect to the taking of urine samples, in the presence
of a monitor of the same gender as the employee from whom the sample
is taken.
B.
Samples of urine or blood shall be processed and stored in accordance
with accepted chain of evidence and evidence storage procedures.
C.
Samples of urine or blood shall be identified by social security
number and shall not contain the employee's name.
D.
Pending official action, all reports and test results shall be confidential
and shall not be disclosed, without the employee's consent, except
to City personnel required to administer the substance abuse program,
law enforcement agencies and the employee.
E.
At least two samples of urine or blood shall be taken, one of which
shall be made accessible to the employee or his attorney.
F.
Testing of urine or blood samples for use as evidence in any disciplinary
proceeding shall be performed by a reputable testing laboratory; provided,
however, that testing of samples taken from law enforcement personnel
shall be tested at the State Police Laboratory or such other laboratory
designated by the Attorney General's office.
An employee shall be guilty of violating this article if such
employee:
A.
Any employee who witnesses another employee of the City of Englewood
violating the provisions hereof relating to substance abuse while
such employee is on duty or is present upon City premises shall immediately
notify his immediate supervisor who, in turn, shall notify the department
head of such other employee.
B.
Employees shall, upon request by the City, prepare and sign written
statements respecting their observation and knowledge of substance
abuse by any other employee and shall testify concerning such observations
respecting such substance abuse brought by the City of Englewood.
A.
The City may require an employee, prior to submitting to substance
screening, to complete a medical information questionnaire specifying
the name of any controlled, dangerous substance, the recommended dosage,
prescribing physician, and the date during the past 30 days on which
the controlled dangerous substance was last taken.
B.
The City of Englewood may require any such employee to submit a written
prescription or other proof that the controlled dangerous substance
has been lawfully prescribed.
The City Manager may promulgate or adopt such additional guidelines
and regulations not inconsistent herewith respecting the prevention
and detection of substance abuse.
An employee found to have violated the provisions of the article:
A.
May be required to participate in and satisfactorily complete a substance
abuse treatment program as a condition of either continued employment
or reemployment.
B.
May be reported to the County Prosecutor and, with respect to law
enforcement officers, have his or her name included in a registry
maintained by the Division of State Police.
C.
Shall be subject to the institution of disciplinary proceedings and
possible dismissal thereunder.