City of Bowling Green, MO
Pike County
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Table of Contents
Table of Contents
[CC 1996 §130.680; Ord. No. 1030 §1, 12-8-1997]
A. 
Employee Conduct — Generally.
1. 
It shall be the duty of all employees to maintain high standards of conduct, cooperation, efficiency and economy in their work for the City. The City Administrator, department heads and supervisors shall organize and direct the work of their units in a manner calculated to achieve these objectives.
2. 
Whenever conduct of an employee falls below a desirable standard, supervisors shall point out the deficiencies at the time they are observed. Corrections and suggestions should be made in a constructive and helpful manner in an effort to elicit the cooperation and good will of the employee.
3. 
Any action which reflects discredit upon the municipal service or is a direct hindrance to the effective performance of the municipal government functions shall be considered cause for disciplinary action against any officer or employee of the City of Bowling Green. Circumstances constituting cause for disciplinary action are listed below as major and minor infractions, although charges may be based upon cause and complaints other than those listed.
4. 
Employees who are assigned to duty which may require them to engage in an activity which is prohibited by the rules set forth below are exempt from discipline for those specific actions which would otherwise be considered cause for discipline.
B. 
Major Infractions. Where an employee's conduct is of a serious, extreme or outrageous nature, the employee may be discharged without reference to prior employment history or other circumstances. Examples of conduct which could result in discharge include:
1. 
Dishonesty, including, but not limited to, theft of City property or the property of others, fraudulent statements concerning medical records and falsification of time records, falsification of City records or documents used by the City.
2. 
Possessing on City property or on City time any controlled substance, including, but not limited to, alcohol, marijuana, cocaine, stimulants, depressants, narcotics, hallucinogens, prescription drugs not properly prescribed or not for a bona fide medical use, so called "lookalike" drugs and drug paraphernalia.
3. 
To engage in work under the influence of any controlled substance on City premises or on City time.
4. 
To engage in work when that employee has unacceptable levels of a legal substance (such as alcohol) or any levels of an illegal substance as determined by proper screening and testing.
5. 
To engage in any negotiation, barter or agreement regarding the sale or purchase of any illegal substance on City premises and on City time. This is to include any telephonic negotiations, barter or agreement regarding the sale or purchase of an illegal drug.
6. 
Conviction by a court of competent jurisdiction for the use, possession, sale of, purchase of or trafficking in illegal substances. Conviction includes adjudication by pleas of guilty or no contest.
7. 
Possession of explosives, firearms and/or other weapons on City property (unless warranted by job duty, such as Police).
8. 
Deliberate restriction of productivity.
9. 
Fighting, assault or threatening or inciting physical assault on another person.
10. 
Willful conduct, carelessness, gross negligence or horseplay resulting in serious injury or damage.
11. 
Insubordination, including the refusal to follow a direct order, to perform assigned work or to encourage others to do either or willfully showing disrespect to management personnel, visitors, citizens or fellow employees.
12. 
Promotion of organized gambling, money lending schemes, etc.
13. 
Health or safety violations which do or could cause serious loss or injury.
14. 
Violations of law which affect the City.
15. 
Any action which constitutes discrimination or harassment due to sex, race, religion, handicap, national origin or membership in any other protected class.
16. 
Acceptance of any payments, gifts or other form of remuneration in return for favorable treatment of any co-employee, member of the public, vendor or any other person doing business with the City or refusal of services or cooperation because no such transaction has been made.
17. 
Any employee who receives three (3) written warnings in his/her file within a twelve (12) month period for any single reason(s) or different reasons may be terminated.
18. 
Any other violation, conduct or pattern of conduct which, in the judgment of the City, warrants immediate discharge.
C. 
Minor Infractions. Where conduct by an employee is of such a nature that discharge for that conduct alone is usually not warranted. Repeated violations after warning or a cumulative history of violations or special circumstances will subject an employee to discharge. Depending on the circumstances of each individual case, the discipline warranted may be up to and including discharge. Examples of such conduct are:
1. 
Substandard work.
2. 
Negligence or carelessness resulting in minor injury or damage.
3. 
Failure to follow work instructions.
4. 
Immoral conduct or indecency including the repeated use of vulgar, obscene or abusive language.
5. 
Loafing or loitering on the premises.
6. 
Absenteeism, including tardiness and leaving early.
7. 
Absence from job without permission, including, but not limited to, leaving the City during any paid break period.
8. 
Health and safety violations, including a failure to report an on-the-job injury to your immediate supervisor before leaving the City.
9. 
Unauthorized solicitations or collections on the job.
10. 
Failure to follow established procedures.
11. 
Gambling.
12. 
Any act which indicates an employee's lack of cooperation or willingness to work, including a violation of departmental and other rules and regulations.
13. 
Any other act which warrants discipline.
[CC 1996 §130.690; Ord. No. 1030 §1, 12-8-1997]
Two (2) members of an immediate family shall not be employed under the same supervisor; neither shall two (2) members of an immediate family be employed at the same time, regardless of the administrative department, if such employment will result in an employee supervising a member of his/her immediate family. "Immediate family" is defined as wife, husband, mother, father, brother, sister, son, daughter, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparents, grandchildren, stepmother, stepfather, brother-in-law, sister-in-law, uncle and aunt. The position of Police Dispatcher for the City may be an exception and a member of the immediate family may be so employed as a Police Dispatcher at the discretion of the Board of Aldermen.
[CC 1996 §130.700; Ord. No. 1030 §1, 12-8-1997]
A. 
City employees shall not be appointed or retained on the basis of their political activity. City employees shall not be coerced to take part in political campaigns, to solicit votes, to levy, contribute or solicit funds or support for the purpose of supporting or opposing the appointment or election of candidates for any municipal office.
B. 
No City employee shall actively advocate or oppose the candidacy of any individual for nomination or election to any municipal office. Employees are expected to exercise their right to vote in municipal elections, but shall not engage in or participate in any other way in any municipal election.
C. 
All political activity of employees (direct or indirect) shall be done during non-duty hours outside of City operations and City uniforms may not be worn during such activities.
D. 
Employees seeking election to City office must request and will be granted an unpaid leave of absence from the date of filing candidate petitions through the election and, if elected, will be required to resign as a City employee.
E. 
Failure to comply with the requirements of this Section shall be grounds for immediate dismissal. Any person who attempts to coerce or does coerce any City employee to take part in activity prohibited by this Section may be punished as provided in Section 100.220 of the City Code.
[CC 1996 §130.710; Ord. No. 1030 §1, 12-8-1997]
Employees who create records of the City are required to place the records in the custody of the City. Any employee who fails to turn over such records to the City Clerk upon demand may be subject to immediate discharge. An employee, upon leaving the service of the City, who retains such records is guilty of a misdemeanor and may be prosecuted in the Municipal Court.
[CC 1996 §130.720; Ord. No. 1030 §1, 12-8-1997]
A. 
No full-time employee of the City shall accept outside employment, wither part-time, temporary or permanent, without prior written approval from the Mayor and City Administrator. Each change in outside employment shall require separate approval. Approval shall not be granted when such outside employment conflicts or interferes or is likely to conflict or interfere with the employee's municipal service. Such approval, however, shall not be arbitrarily withheld. Employees may not engage in any private business or activity while on duty. No employee shall engage in or accept private employment or render any service for private interest when such employment or service is incompatible or creates a conflict of interest with his/her official duties.
B. 
No officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City or be financially interested, directly or indirectly, in the sale to the City of land, materials, supplies or services.
C. 
City employees shall not engage in any employment activity or enterprise which is incompatible or in conflict with his/her duties as a City employee or with the duties, functions and responsibilities of the department in which he/she is employed or which is contrary to applicable State law.
D. 
The following activities, said listing not to be construed as comprehensive, shall be considered incompatible or in conflict with City employment:
1. 
Any activity or enterprise which uses, for private gain or advantage, the City's name, time, facilities, equipment or supplies.
2. 
Any activity which involves the receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee is required or could reasonably be expected to render in the regular course of his/her City employment or as a part of his/her duties as a City employee.
3. 
Any activity which may be subject at any time, directly or indirectly, to the control, inspection, review, audit or enforcement by the department in which he/she is employed.
4. 
Any activity which involves so much of the employee's time that it impairs his/her attendance or efficiency in the performance of his/her duties as a City employee.
5. 
Any activity which may result in a City employee using his/her position of employment with the City to coerce or influence another for personal gain.
6. 
Acceptance of gifts or gratuities by employees for personal use for actions relating to one's employment with the City shall be cause for immediate dismissal or suspension.
7. 
The release of confidential information regarding the City, its citizens, employees or activities for monetary gain or other favorable treatment is prohibited.
[CC 1996 §130.730; Ord. No. 1030 §1, 12-8-1997]
If employees are required to use their own tools or equipment to carry out the duties of their job, the City will reimburse employees for damage or loss of their tools or equipment as determined by the department head. The City will reimburse the employee for the repair or replacement of such items(s), provided the incident and the amount of the loss or damage is promptly reported to the department head who shall determine whether or not the loss or damage occurred in the course of the employee's duties while the employee was exercising reasonable care and caution under the circumstances. In the event that the loss or damage is determined not to be in the course of employment or is found to be due to the employee's negligence or as a result of ordinary wear, no reimbursement or repair shall be made. The employee shall, when applicable, pursue restitution and any amount recovered will be signed over to the City up to the amount the City paid to the employee.
[CC 1996 §130.740; Ord. No. 1030 §1, 12-8-1997]
Employees will be allowed access to tools and equipment necessary for the completion of any job assigned by their supervisor. If an employee has any questions with respect to the use or operation of a tool or piece of equipment, the employee should not proceed until that questions is answered. If a tool or piece of equipment is lost, damaged or destroyed through neglect, misuse, carelessness or the failure to follow reasonable instructions as to use, the employee responsible will be expected to reimburse the City.
[CC 1996 §130.750; Ord. No. 1030 §1, 12-8-1997]
Generally, no personal telephone calls should be placed or received by employees during working hours. Messages will be taken for employees and relayed to them. Employees should discourage calls being made to them except in important circumstances, emergency situations or in cases of making brief, periodic calls to check on the well-being of dependents.
[CC 1996 §130.760; Ord. No. 1030 §1, 12-8-1997]
A. 
The City Administrator and department heads shall make every effort to promote among employees and in the departments maximum standards of safety. All employees shall be responsible for performing work assignments in the safest manner possible. Prime consideration shall always be given to safety in all work situations.
B. 
Supervisors and department heads shall:
1. 
Be responsible for the establishment and implementation of appropriate safety standards within their respective activity areas, for periodically reviewing accident frequencies to determine the correct cause and for identifying and correcting safety hazards.
2. 
Ensure that all new employees, including seasonal, temporary and/or part-time employees, are thoroughly advised, instructed and supervised in necessary safety policies, practices and procedures.
3. 
Implement and actively support the City's safety program.
4. 
Arrange and conduct safety meetings, inspections and training sessions.
5. 
Provide and/or require equipment necessary to adequately protect the health and safety of employees.
6. 
Immediately investigate accidents and prepare all necessary forms for documentation and future prevention of on-the-job injuries and hazardous conditions.
C. 
All employees shall:
1. 
Be thoroughly familiar with safety requirements and practices applicable to their respective work assignments.
2. 
Actively observe safety practices and report unsafe or potentially dangerous conditions and accidents or injuries to their supervisor immediately.
3. 
Refrain from engaging in horseplay, wrestling, hazing of co-workers and any other unsafe practice under penalty of disciplinary action up to and including dismissal.
4. 
Report injuries on the job to your supervisor.
[CC 1996 §130.770; Ord. No. 1030 §1, 12-8-1997; Ord. No. 1150 §I, 6-5-2000]
A. 
Policy.
1. 
It is the policy of the City of Bowling Green, Missouri, to provide safe, dependable and economical services to its citizens and to provide safe working conditions for its employees and to comply with the requirements of Federal law and regulations related to the Drug Free Work Place Act of 1988 and the Omnibus Transportation Employee Testing Act of 1991. It is also the policy of the City of Bowling Green, Missouri, to provide healthy, satisfying working environments for its employees.
2. 
To meet these goals, it is the policy of the City of Bowling Green, Missouri, to insure that its employees are not impaired in their ability to perform assigned duties in a safe, productive and healthy manner; to create a workplace environment free from the adverse effects of alcohol and controlled substances abuse or misuse; to prohibit the unlawful manufacture, distribution, dispensing, possession or use of alcohol and controlled substances; and to encourage employees to seek professional assistance when personal problems, including alcohol and controlled substance dependency, adversely affect their ability to perform assigned duties.
B. 
Purpose. The purpose of this policy is to assure worker fitness for duty and to protect employees and the public from the risks posed by the use of alcohol and controlled substances. It is also the purpose of this policy to comply with all applicable Federal and State regulations governing workplace alcohol and urine drug testing and breathalyzer alcohol tests for safety-sensitive positions and prevent performance of safety-sensitive functions when there is a positive test result. The Federal law also establishes standards for collection and testing of urine and breath specimens, thereporting of certain drug-related offenses, protective measures for certain employees tested, for the preservation of confidentiality and for certain reporting.
C. 
Applicability. This policy applies to all safety-sensitive employees who perform safety-sensitive functions as these persons and activities are defined in the Omnibus Transportation Employee Testing Act and its implementing regulations, including, but not limited to, persons who are required to possess a CDL license for the operation of a commercial vehicle; and all law enforcement, emergency services personnel and other safety-sensitive positions in the jurisdiction.
D. 
Definitions. For the purposes of this Section, the following terms shall be deemed to have the meaning indicated below:
COMMERCIAL VEHICLE
As defined in the Statutes requiring commercial driver's license.
DELAY
Any failure to immediately report to the test site to participate in the required testing under this policy.
E. 
Policy Administrator.
1. 
Unless otherwise designated by the Board of Aldermen in writing, the City Administrator shall be designated as the controlled substance and alcohol policy administrator for the City. Any inquiries concerning this policy, its application, its administration or its interpretation shall be made to the policy administrator.
2. 
The City Administrator shall designate a position to be identified to the public and to employees whose incumbent is the primary person responsible for implementation and administration of this policy under the supervision of the City, if the person is not the chief administrator of the jurisdiction.
3. 
The policy administrator shall develop and maintain a current list of the positions that are governed by this policy. The list shall be available for inspection in the City Hall offices of the City. Individuals who are applying for positions with the City and affected employees shall be notified of the positions that are covered by this policy.
4. 
The policy administrator shall develop all forms necessary to carry out the provisions of this policy, unless the forms are provided under the Federal regulations. The forms shall be provided to appropriate persons who are responsible for the implementation and management of this policy.
F. 
Alcohol And Controlled Substances Prohibitions.
1. 
An employee is prohibited from the operation of a commercial motor vehicle and/or from engaging in any work-related functions for alcohol-related conduct:
a. 
While consuming alcohol;
b. 
While having a blood alcohol concentration of two-hundredths (0.02) or greater;
c. 
Within eight (8) hours of consuming alcohol;
d. 
After refusing to submit to an alcohol test; and
e. 
From consuming alcohol within eight (8) hours after an accident as specified in this policy.
2. 
An employee is prohibited from the unauthorized use of a controlled substance at any time, whether on or off duty.
3. 
An employee is prohibited from the unauthorized possession of alcohol while on duty and of controlled substances at any time, whether on or off duty.
4. 
Any employee convicted of illegal conduct related to controlled substances or alcohol or who fails to report such a conviction to the policy administrator shall be subject to immediate termination from service.
5. 
Any employee whose job performance requires the possession of a valid CDL and who loses the CDL for a violation of or as a consequence of the law shall be subject to disciplinary action up to and including termination from service. The employee shall notify the policy administrator and the employee's immediate supervisor of the loss of the CDL. Failure to notify the policy administrator of the loss of the CDL shall result in immediate termination from service.
6. 
Any employee who is consuming a prescribed or authorized controlled substance or other substance of any kind whose side effects may inhibit or impair the employee's performance shall provide written notice to the policy administrator of such consumption upon reporting to work and prior to engaging in any work-related activity or earlier if possible. Failure to report shall be cause for disciplinary action up to and including termination from service.
G. 
Controlled Substance And Alcohol Testing Provisions. Employees subject to this policy shall be subject to controlled substances and alcohol testing, including the following types of tests: Pre-employment testing, random testing (except as provided herein), reasonable suspicion testing, post-accident testing, return to work testing and follow-up testing to rehabilitation programs.
1. 
Pre-employment testing. Pre-employment urine testing shall be required of all applicants for positions covered by this policy as a condition of the application procedure. Future employment as defined shall be considered as if the application was for original entry into service for purposes of this policy. Receipt of satisfactory test results is required prior to commencement of employment and/or engaging in safety-sensitive functions and the failure of a controlled substance or alcohol test disqualifies an applicant from appointment to employment for a period of at least one hundred twenty (120) days. Evidence of the absence of controlled substances or alcohol dependency from a substance abuse professional (SAP) and negative controlled substance and alcohol tests shall be required prior to further consideration for any employment, including reports from prior employers by an employee's written authorization.
2. 
Reasonable suspicion testing.
a. 
Reasonable suspicion testing shall be used to determine fitness for duty evaluations, including appropriate urine and/or breath testing, when there are objective observable reasons to believe that a controlled substance or alcohol use is adversely affecting an employee's job performance or that the employee has violated this policy. Reasonable suspicion referral for testing shall be made on the basis of documented objective facts and circumstances which are consistent with the effects of substance personnel who are trained to detect the signs and symptoms of controlled substance and alcohol use and who may reasonably conclude that an employee may be adversely affected or impaired in the employee's work performance due to the use of the controlled substance or alcohol. The observing supervisor or manager, whether or not the person is the employee's immediate supervisor, is required to complete the appropriate required documentation concurrently with the observation and consideration to impose reasonable suspicion testing.
b. 
Reasonable suspicion testing shall be required and completed whenever possible within two (2) hours of the observation, but in any case no later than before eight (8) hours after the observation for breath alcohol testing and thirty-two (32) hours for controlled substance testing.
3. 
Post-accident testing.
a. 
Post-accident testing shall be required to test employees after a vehicular accident has occurred in which a fatality has occurred or when a traffic citation is issued after an accident or testing may be required where injury to a person requires transport to a medical treatment facility or disabling damage to one (1) or more vehicles requires towing from the accident site to occur. Testing shall include both breath alcohol and urine drug testing of the employee(s).
b. 
Post-accident testing shall be required and completed whenever possible within two (2) hours of the accident occurrence, but in any case no later than before eight (8) hours after the accident for breath alcohol testing and thirty-two (32) hours for controlled substance testing. An employee involved in an accident shall refrain from alcohol consumption for eight (8) hours following the accident.
4. 
Random testing. Random testing shall be conducted on all persons covered by this policy. Random testing shall be unannounced and conducted with unpredictable frequency throughout the year using an established scientifically based selection method. Testing shall be conducted whenever and as ordered by appropriate supervisory personnel, but no less frequently than required by Federal law and regulations and in such numbers as is minimally determined under the regulations.
5. 
Return to work testing. Return to work urine drug and alcohol testing for all employees covered by this policy shall be required for all employees who previously tested positive on a controlled substance or alcohol test. To return to work, the employee must test negative and be evaluated and released to return to work by a SAP before being permitted to return to work.
6. 
Follow-up testing.
a. 
Follow-up testing of employees returning to work shall be required for employees to submit to frequent unannounced random urine drug and breath alcohol testing for at least six (6) times in the following twelve (12) months after return to work, which random testing may be continued for a period of up to sixty (60) months from the employee's return to work date.
b. 
Any employee who questions the results of a required urine drug test under this policy may request that an additional test be conducted. The test must be conducted on a split sample that was provided at the same time as the original sample and the test analysis shall be conducted at a different qualified laboratory than where the original test was conducted. All costs for employee-requested testing shall be paid by the employee unless the second (2nd) test invalidates the original test. An employee's request for a retest must be made to the Medical Review Officer (MRO) within seventy-two (72) hours of the notice to the employee of the initial test result. Requests made after the seventy-two (72) hour limit will only be accepted if the delay was due to documentable facts that were beyond the control of the employee.
c. 
The method of collecting, storing and testing the split sample required under this policy shall be consistent with the procedures established in 49 CFR Part 40.
7. 
Failure to test.
a. 
Any employee who fails to submit to the required testing under this policy is considered to have tested positive and shall be subject to all of the consequences that flow related to positive testing.
b. 
Any employee ordered to test shall report immediately to the test site upon being ordered to submit to testing. No delay of any type may be granted or taken. Delay in reporting by the employee shall be treated as a refusal to test and shall subject the employee to all of the consequences that flow related to positive testing. Failure to provide a sufficient sample or for providing an adulterated sample shall be considered as a refusal to test and shall subject the employee to all of the consequences that flow.
H. 
Testing Controls.
1. 
Alcohol.
a. 
Federal regulations require breath testing to be done on evidential breath testing devices approved by the National Highway Safety Administration. An initial screening test is conducted first (1st). Any result that is less than two-hundredths (0.02) blood alcohol concentration is considered negative. If the blood alcohol concentration is two-hundredths (0.02) or greater, a second (2nd) confirmatory test must be conducted. Any employee who tests with a blood alcohol concentration of two-hundredths (0.02) or greater shall be removed from service for at least twenty-four (24) hours.
b. 
Any employee who is found to have engaged in prohibited alcohol conduct under this policy shall be immediately removed from work-related activity; and the employee shall not be permitted to resume work until the employee is:
(1) 
Evaluated by a SAP,
(2) 
Complies with the rehabilitation contract if such is required, and
(3) 
Has tested negative in a follow-up test.
2. 
Controlled substances.
a. 
Controlled substance testing is conducted by analyzing an employee's urine specimen performed at a laboratory certified and monitored by the U.S. Department of Health and Human Services for the following controlled substances:
(1) 
Marijuana (THC metabolite)
(2) 
Cocaine
(3) 
Amphetamines
(4) 
Opiates (including heroin)
(5) 
Phencyclidine (PCP)
b. 
The testing for controlled substances is a two (2) stage process. First (1st) a screening test is conducted. If the test is positive for one (1) or more of the controlled substances, a confirmatory test is conducted for each identified controlled substance. The confirmatory test is a gas chromatography/mass spectrometry (GC/MS) analysis.
c. 
Any employee who tests positive on the confirmatory test shall be interviewed by the City Medical Review Officer (MRO). The employee shall be immediately removed from work-related activity; and the employee shall not be permitted to resume work until the employee is:
(1) 
Evaluated by a SAP;
(2) 
Complies with the rehabilitation contract if such is required; and
(3) 
Has tested negative in a follow-up test.
I. 
Employment Assessment.
1. 
An employee who tests positive for the presence of controlled substances or alcohol above the minimum thresholds set forth in the Federal regulations shall be evaluated by a SAP. The SAP shall evaluate such employee who tests positive to determine what assistance, if any, the employee needs in resolving problems associated with the controlled substance or alcohol.
2. 
Assessment by a SAP does not protect an employee from disciplinary action or guarantee continued employment or reinstatement by the City. The City disciplinary policy provides guidance to the discipline that may be imposed, unless otherwise stated in this policy.
J. 
Rehabilitation Effort.
1. 
Any employee who is determined to be in need of assistance for a controlled substance or alcohol-related problem under this policy by the SAP may be permitted to enter into a rehabilitation plan approved by the City; provided the employee agrees to adhere to the terms of the rehabilitation contract with the City.
2. 
Rehabilitation assistance may only be granted to an employee once while employed by the City. Failure to complete the rehabilitation assistance plan or to adhere to the rehabilitation contract shall be considered a resignation by the employee from employment with the City.
3. 
The rehabilitation contract shall include the following terms and conditions to be adhered to by the employee who is granted rehabilitation assistance:
a. 
The employee shall agree to undertake and successfully complete the rehabilitation assistance plan established for the employee by the SAP or by a rehabilitation professional accepted by the City;
b. 
The employee agrees to refrain from any violation of this policy and the use of controlled substances and alcohol consistent with the plan of rehabilitation and this policy;
c. 
The employee provides a release of all medical records for use and review by the City relating to the rehabilitation assistance plan for the assistance undertaken and compliance;
d. 
The employee agrees to unannounced random testing for City determined periods of time subsequent to the employee's return to work consistent with this policy;
e. 
The employee agrees to submit to return to work testing demonstrating that the employee is negative under controlled substance and/or alcohol testing standards; and
f. 
The employee agrees that any future controlled substance or alcohol violations shall be considered as a resignation of the employee from service without recourse.
K. 
Contractual Support Professionals.
1. 
The City shall secure a contract with an appropriately certified testing laboratory to conduct the controlled substance testing analysis and reporting required under this policy and under the Federal regulations in conformity with the standards established under the Federal regulations. The City may contract for the required alcohol testing or may perform the testing using qualified City personnel who utilize appropriate testing equipment.
2. 
The City shall engage the services of an independent contractor to serve the City as the MRO properly credentialed and trained in compliance with the Federal regulations, who shall not be an employee of the City. The MRO shall, as a part of the engagement contract, maintain all relevant records and provide the required reports that the City needs to comply with the Federal reporting requirements.
3. 
The City shall appoint a SAP for the providing of services under this policy and in compliance with the Federal regulations.
L. 
Education And Training.
1. 
The City shall provide all employees with a copy of this policy and materials related to the effects of the use and/or abuse of alcohol and controlled substances. The City shall also provide information to employees regarding treatment and rehabilitation available. Employees shall be required to confirm receipt of this policy and any revisions and of the educational materials in writing noting the date of receipt and acknowledgment by signature witnessed by the supervisor providing the materials.
2. 
The City shall develop and provide training for all supervisors and managers who are responsible for the administration and enforcement of this policy. The training, at a minimum, shall include at least sixty (60) minutes of program on the physical and behavioral effects on personal health, safety and on the work environment and performance indicators on the effects of alcohol use and abuse, the side effects of abuse and the consequences of prohibited work-related activity involving alcohol consumption. The training shall include an overview of this policy and its implementation and application to employees. The training, at a minimum, shall include at least sixty (60) minutes of program on the physical and behavioral effects on personal health, safety and on the work environment and performance indicators of controlled substances use and abuse, the side effects of controlled substance abuse and the consequences of prohibited activity involving controlled substances. Training shall also include a component related to objective observation for reasonable suspicion testing, documentation and record keeping. The training may include other components that the policy administrator, the MRO and/or the SAP believe can enhance the program administration and awareness of problems and treatment related to alcohol and controlled substance abuse. The training may also provide components related to City sponsored or supported referral programs and employee assistance efforts that are sanctioned to deal with alcohol and controlled substance use and abuse problems.
M. 
Confidentiality.
1. 
All records developed and/or acquired pursuant to this policy shall be maintained under strict confidentiality by the City, the testing laboratory, the MRO and the SAP, when and as applicable. The records shall be maintained separately from other personnel records kept by the City and shall be kept in a secured location with other medical records. Materials shall not be released to others without the written consent of the affected employee, except under provisions provided in the Federal regulations, as needed with regard to the rehabilitation contract, in litigation or quasi-judicial and administrative proceedings related to positive test results and/or to matters initiated by an employee.
2. 
Any person who breaches the confidentiality provisions of this policy shall be subject to immediate termination from employment and/or from any contractual relationship with the City without recourse.
N. 
Disciplinary Issues.
1. 
Unless otherwise specified in this policy, the City policies related to disciplinary action shall be followed when imposing discipline for violation of this policy.
2. 
The acceptance by an employee of the rehabilitation assistance plan and contract does not serve as a bar to imposing disciplinary action related to violations of this policy.
3. 
Any supervisor or manager who knowingly permits an employee to violate this policy or engage in work activity while consuming alcohol or a controlled substance or fails to enforce this policy shall be subject to immediate termination from employment.
4. 
This policy does not displace any other penalties that may be imposed or be incurred as a result of violation of City policy or State and Federal laws or as provided in the Workers' Compensation laws.
O. 
Coordination With Other Laws And Policies.
1. 
This policy shall be administered in compliance with other Federal, State and local laws related to employee health and welfare policies, leave policies, benefit programs and other related policies of the City. In the case of apparent conflicts between this policy, other policies and applicable laws, the policy administrator shall make the appropriate rulings to resolve the potential conflicts, whenever possible.
2. 
In the event that any part of this policy is judicially determined to be in conflict with any law or to be in violation of any law or is rendered ineffective because of some State or Federal legislative enactment, that part(s) shall be void, but the remainder of the policy shall remain in effect. Parts that are void or voided shall be replaced as soon as possible so as to maintain the full effect of this policy and/or to bring it into compliance with relevant laws.
P. 
Notification For Federal Grants. Every employee engaged in the performance of any work connected with a Federal grant shall be provided with a copy of the following:
"As an employee engaged in the performance of any work for the City of Bowling Green, Missouri, you are hereby provided a copy of the City's drug-free workplace policy (attached). As a condition of the law, you are required to abide by the terms of the policy. Further, you must notify the City of Bowling Green, Missouri, in writing of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction.
Within thirty (30) days of receiving such notice, the City of Bowling Green, Missouri, will take personnel action or require mandatory rehabilitation program participation at its sole discretion."
[CC 1996 §130.780; Ord. No. 1030 §1, 12-8-1997]
A. 
As used herein, the word "employee" shall include all officers, employees, agents or any other person while conducting business of the City of Bowling Green who can, for any purpose, be considered an employee or a statutory employee of said City for purposes of the Workers' Compensation law of the State of Missouri. All such persons shall comply with the following safe work habit practices.
B. 
As used herein, "official business of the City" shall include all activities required of the employee to fulfill the duties of employment and which are within the scope and course of such employment.
C. 
Seat Belts. The City of Bowling Green, Missouri, does hereby require that each of its employees, while on official business of the City and either operating or occupying a motor vehicle equipped with safety belts or otherwise required by Federal regulations to have safety belts, to have an occupant safety belt properly fastened at all times when the vehicle is in motion.
D. 
Motorcycle Helmets. Head protection meeting the requirements of 49 CFR 571.218 "Federal Motor Vehicle Safety Standard No. 218, Motorcycle Helmets" shall be worn by all City employees on official business while the motorcycle they are operating or occupying is in motion.
E. 
Training. The City shall annually conduct a driver safety awareness training program for all new employees and for each employee who routinely might be expected to use a particular class of motor vehicles as part of that employee's official work assignments. Such driver training shall include, as a minimum, topics addressing vehicle familiarization, including the use of vehicle safety systems; the use of safety belts and, where appropriate, the use of motorcycle helmets; and the effects of alcohol and drugs on driver performance. Employees shall be required annually to sign a statement indicating they are aware of the City's policies regarding safety equipment and drug and alcohol use.
F. 
Penalties. Any employee failing to use a seat belt or motorcycle helmet when appropriate shall face any of the following penalties, generally progressing from one to the next unless circumstances, in the opinion of the City Administrator, warrant more severe punishment. However, at any time when, in the opinion of the City Administrator, progression and penalty is not warranted, the City Administrator may order the imposition of a repeat of an earlier penalty.
1. 
A fine of five dollars ($5.00).
2. 
A suspension from work for one (1) day without compensation.
3. 
A suspension from work for three (3) days without compensation.
4. 
A suspension from work for ten (10) days without compensation.
5. 
Termination from employment by the City.
G. 
Officers And Volunteers. The foregoing policies relating to City employees are applicable to all City Officers, including elected officials, and to all compensated and uncompensated volunteers working for the City, including volunteer Firemen, special, auxiliary or part-time Police Officers or any other person performing services for the City in any capacity. Except that in the case of elected officials, no penalties may be imposed without prior consent of the Board of Aldermen, to whom the City Administrator shall recommend any such penalty.