[R.O. 2004 §120.320; Ord. No. 833 §I, 5-16-1996]
A.
The
purpose of this policy is to set guidelines for the handling of substance
abuse cases involving City employees. Through implementation of this
policy, the City intends to provide a drug-and alcohol-free working
environment for its employees and thereby enhance the ability of the
City employees to deliver safe and efficient service to the community.
It is the intent of this policy to approach substance abuse from the
point of view that drug and alcohol dependencies are medical and behavioral
problems which can and must be tested. In appropriate cases, disciplinary
action will be taken in accordance with the provisions of this policy
and the Statutes of the State of Missouri. Nothing in this policy
is intended nor shall be construed as a limitation on the power and
authority of the City of Pevely, Missouri, to take disciplinary action
or to terminate any employee pursuant to the Statutes of the State
of Missouri.
B.
Responsibility Of The Employee.
1.
It is the individual responsibility of each employee and applicant
for employment to read, understand and abide by the provisions of
this policy. Any questions you have about the application of this
policy may be directed to supervisory personnel within your own department
or to the Board of Aldermen of the City of Pevely, Missouri.
2.
Employees with substance abuse problems must understand that they
are personally responsible for seeking evaluation and undertaking
rehabilitation. The City of Pevely encourages such employees to seek
help or treatment voluntarily. Any employee who is aware that he/she
is dependent upon alcohol or drugs or who either voluntarily admits
his/her dependency to his/her departmental supervisor or voluntarily
seeks treatment for his/her problem shall not be subject to discipline
for having admitted that he/she has such a problem nor for seeking
treatment for such a problem.
3.
Those employees who conceal substance abuse problems from supervisors
and do not voluntarily seek help place their employment with the City
in jeopardy. In the event a concealed substance abuse problem adversely
affects job performance, causes or contributes to misconduct either
on or off duty or causes the employee to become involved in criminal
activity or proceedings, the employee will be subject to formal discipline
as prescribed in the policy and in accordance with the Statutes of
the State of Missouri.
4.
Employees who are ordered by supervisory personnel to seek treatment
for substance abuse problems may also be subject to formal discipline
for actions which are in violation of this policy.
C.
Responsibility Of The City Of Pevely. The Board of Aldermen
of the City of Pevely recognizes that cooperation between employees
and management is essential in dealing with the problems caused by
substance abuse. The official policy of the City of Pevely, Missouri,
shall be to encourage and assist City employees in voluntarily seeking
treatment for substance abuse problems. In appropriate cases, as an
alternative to or in conjunction with formal disciplinary proceedings,
an employee may be ordered to seek assistance for substance abuse
problems.
[R.O. 2004 §120.330; Ord. No. 833 §II, 5-16-1996]
A.
The
provisions of the policy shall apply to all employees of the City
of Pevely, Missouri, and to all applicants for positions with the
City. The City shall apply this policy in a manner which is consistent
with its obligations under State and Federal law.
B.
ALCOHOL TEST
CITY
CONTROLLED SUBSTANCE, DELIVER, DRUG, DRUG PARAPHERNALIA AND
MANUFACTURE
DRUG TEST
EMPLOYEE
INTOXICANTS
PUBLIC SAFETY POSITION
REASONABLE SUSPICION
1.
2.
3.
4.
5.
Definitions. For
the purposes of this Article, the following terms shall be deemed
to have the meaning indicated below:
Testing of a sample of breath or blood to determine the percentage
by weight of alcohol in the blood of the tested subject.
The City of Pevely, Missouri.
As used herein, shall have the same meanings as set out in
Chapter 195, RSMo. The terms "controlled substance" and "drug", as used herein, shall in all instances
include prescription drugs, unless specifically excluded.
A urinalysis test consisting of an initial screening test
followed by a confirmatory test in the event the results of an initial
screening test are positive and also includes hair sample tests, if
required by the City.
A person appointed to a position in the City of Pevely, Missouri,
for which he is compensated on a full-time or part-time basis. The
term "employee" refers to both male and female employees
and the use of the pronouns "he" and "his" in this policy shall in all instances be read to refer to both male
and female employees.
Includes any beverage or substance containing alcohol for
human consumption.
Includes all positions falling within the following categories:
A suspicion based upon objective facts and circumstances
from which an ordinarily careful and prudent supervisor could conclude
that an individual is in possession of or under the influence of drugs
or alcohol while on duty for the City of Pevely, Missouri. Circumstances
which constitute a basis for determining reasonable suspicion include,
but are not limited to:
A pattern of abnormal or erratic behavior while on duty;
Information provided by a reliable and credible source;
Direct observation of drug or alcohol possession or use;
Presence of the physical symptoms of drug or alcohol use, such
as glassy or bloodshot eyes, odor of intoxicants on breath, slurred
speech, poor balance, poor coordination or impaired reflexes;
An admission of possession of use of drugs or alcohol by the
employee.
[R.O. 2004 §120.340; Ord. No. 833 §III, 5-16-1996]
A.
Grounds For Disciplinary Action Or Denial Of Employment. Applicants for employment may be denied employment and employees
may be subject to disciplinary action, up to and including dismissal
from employment, for commission of any of the following acts:
1.
Reporting for work, performing work or applying for work while under
the influence of illegal drugs or intoxicants and causing or creating
an unreasonable risk of damage to property or injury to any person.
It is specifically recognized that employees reporting for work who
are required to take prescription medicine by a physician or who are
required to refrain from employment under advice of a physician while
taking such medicine are not committing a prohibited act. Whenever
possible, the employee shall obtain a statement from the physician
indicating that the prescription medicine will not affect his/her
work performance. Employees who are counseled to refrain from work
by a physician shall obtain a statement from the physician so indicating;
2.
Using, selling, possessing, manufacturing or delivering controlled
substances or drug paraphernalia at any time or place except as authorized
by law, whether on or off duty;
3.
Consuming intoxicants while on duty or possessing intoxicants within
the City of Pevely or on City property with the intent to consume
them while on duty, except in cases where such consumption is permitted
or required in the line of duty;
4.
Providing or selling intoxicants to any other person while on duty,
except in cases where such activity is permitted or required in the
line of duty;
5.
Testing positive for the presence of drugs or alcohol following completion of testing procedures authorized by Section 117.180 of this policy;
6.
Failing or refusing to submit a test sample within two (2) hours
after the time a request for a test sample was made, causing or attempting
to cause the adulteration of a test sample, submitting or attempting
to submit a false test sample or otherwise obstructing the process
of testing for the presence of drugs or alcohol.
B.
Termination Specifically Authorized — When. Termination
of an employee shall be specifically authorized when:
1.
The employee has sold or attempted to sell controlled substances,
whether on or off duty;
2.
The employee has possessed or has manufactured a controlled substance
under circumstances that create a reasonable inference that the employee
intended to sell the controlled substance, whether on or off duty;
3.
The employee has used or has been found to be on duty while under
the influence of illegal drugs or intoxicants or created an unreasonable
risk of damage to property or injury to any person;
4.
The employee has failed or refused to submit a test sample within
two (2) hours after the time a request for a test sample was made,
has caused or attempted to cause the adulteration of a test sample
or has submitted or attempted to submit a false test sample following
a request for submission of a test sample;
5.
The employee has previously been ordered by the appointing authority
to seek treatment for a substance abuse problem and has subsequently
committed a new offense involving substance abuse which would constitute
grounds for discipline under the provisions of this policy.
C.
Disciplinary Action Shall Be Independent Of All Other Proceedings. Disciplinary action which may be undertaken pursuant to this policy
shall constitute an independent administrative action against the
employee involved and shall not be dependent upon or controlled in
any manner by any other civil, administrative or criminal proceedings
which are or may be instituted against the employee.
[R.O. 2004 §120.350; Ord. No. 833 §IV, 5-16-1996]
A.
Pre-Employment Testing.
1.
A copy of this policy shall be provided to each applicant for employment,
who shall sign and date the attached "Receipt of Substance
Abuse Policy and Consent to Drug and Alcohol Testing" form,
which shall then be made a permanent part of the applicant's file.
This form shall be competent evidence in any subsequent proceedings
that the applicant has received notice of the provisions of this policy
and has consented to testing under the provisions stated herein. A
refusal by any applicant to execute this form shall constitute grounds
for denial of employment.
2.
All applicants for public safety positions shall be subject to mandatory
testing for the presence of drugs and alcohol in accordance with the
testing procedures herein set out, except that City employees who
apply for such positions and who have successfully completed testing
as a condition of employment with the City shall not be subject to
retesting under this Subsection. Those applicants subject to mandatory
testing who are conditionally appointed to a public safety position
with the City shall be required to undergo drug testing within the
fourteen (14) days following their conditional appointment to a position.
The mandatory testing provisions of this Subsection shall not apply
to the promotion or transfer of a public safety employee within the
department.
3.
Applicants for all employment positions for the City of Pevely, Missouri,
shall be subject to testing for the presence of drugs or alcohol if
a reasonable suspicion exists that the applicant is or has been under
the influence of drugs or intoxicants during the pre-employment process
or if a reasonable suspicion exists that the applicant has used controlled
substances at any time prior to the filing of his/her application
for employment with the City.
4.
Applicants who test positive for the presence of drugs or alcohol may be denied employment pursuant to the provisions of Section 117.170(A) of this policy.
B.
Testing Of Current Employees.
1.
A copy of this policy shall be provided to every City employee and
each employee shall be required to sign and date the attached receipt
form which shall then be made a permanent part of the employee's personnel
file. This form shall be competent evidence in any subsequent proceedings
that the employee has received notice of the provisions of this policy.
2.
All City employees shall be subject to testing for the presence of
drugs, including prescription drugs and alcohol, upon reasonable suspicion
that the employee is under the influence of drugs or alcohol while
on duty. A request for the testing of an employee may be initiated
by any supervisor who has a reasonable suspicion that the employee
is under the influence of drugs or alcohol while on duty. Testing
shall be authorized if the request is approved by the highest ranking
departmental supervisor available to review the request for testing.
Those supervisors with authority to approve a request for testing
include: the Chief of Police of the City, the Assistant Chief, Captains,
Lieutenants and Sergeants, department heads and the Board of Aldermen
in closed session.
3.
An employee who has been ordered to seek treatment for a substance
abuse problem shall be subject to random testing for the presence
of drugs or alcohol during the twelve (12) month period following
the date of the order.
C.
Substances To Be Tested For. Testing may be administered
to detect the presence and concentration of any substance which acts
on the central nervous system as a stimulant, a depressant or has
a disassociative effect. Those substances and concentration levels
tested for will include, but are not limited to:
|
|
Substance
|
Concentration
|
|---|---|---|
|
|
Alcohol
|
.05% by weight of alcohol in the blood
|
|
|
Amphetamines/methamphetamines ("speed")
|
300 ng/ml
|
|
|
Barbiturates ("downers")
|
300 ng/ml
|
|
|
Benzodiazepines (tranquilizers, such as valium or librium)
|
300 ng/ml
|
|
|
Cannabinoids (marijuana, hashish)
|
50 ng/ml
|
|
|
Cocaine
|
300 ng/ml
|
|
|
Methadone
|
500 ng/ml
|
|
|
Methaqualone (quaaludes)
|
1 ul/ml
|
|
|
Opiates (codeine, heroin, morphine)
|
300 ng/ml
|
|
|
Phencyclidine (PCP, "angel dust")
|
75 ng/ml
|
|
|
Propoxyphene (darvon)
|
300 ng/ml
|
|
|
Drugs not otherwise included in the preceding categories will
be tested to the concentration levels for which testing is customarily
accurate as stated in the manufacturer's specifications for the particular
test kit or method to be used.
| |
[R.O. 2004 §120.360; Ord. No. 833 §V, 5-16-1996]
A.
The Testing Agency. Drug and alcohol testing shall be performed
by an independent certified laboratory or through the use of the City's
certified breathalyzer equipment operated by a certified operator,
at the City's choice. All testing shall be performed in accordance
with accepted scientific standards. Due care shall be taken by the
testing agency to respect the dignity and privacy of individuals required
to give test samples. The testing agency shall be responsible for
maintaining appropriate chain of custody procedures for all test samples.
The testing agency shall be required to retain unused portions of
each test sample that has initially shown a positive result for the
presence of drugs or alcohol in order that additional testing may
be performed on the sample on behalf of the tested employee.
B.
Confidentiality Of Testing Information. All information
regarding the testing of applicants and employees shall be confidential.
Laboratory reports and test results shall not be placed in an employee's
general personnel file, but shall be kept in a separate confidential
medical folder that will be securely kept under the control of the
Chief of Police or, in his/her absence, the Assistant Chief of Police.
The Chief of Police or the Assistant Chief of Police in his/her absence
is authorized to release the medical folder only to the members of
the Board of Aldermen of the City, the attorney for the City and to
the tested employee upon request. Disclosure without employee consent
is also authorized if:
1.
Production of the information is compelled by law or by judicial
or administrative process;
2.
The information has been placed at issue in a formal dispute between
the City and the employee;
3.
The information is to be used in administering an employee benefit
plan;
4.
The information is needed by medical personnel for the diagnosis
or treatment of an employee and he/she is unable to authorize disclosure.
|
|
Any employee, at his/her own cost and upon his/her own request,
shall be permitted to obtain a second (2nd) substance abuse test through
a certified laboratory of his/her own choice.
|
C.
Consequences Of A Confirmed Positive Test Result.
1.
Job applicants. Job applicants will be denied employment
with the City if an initial positive test result has been confirmed
by the substance abuse test.
2.
Current employees. An employee whose initial positive test result has been confirmed by the substance abuse test is subject to disciplinary action up to and including termination in accordance with the provisions of Section 117.170 of this policy. Factors to be considered in determining the appropriate disciplinary response shall include, but are not limited to:
a.
The employee's work history, including length of employment, current
level of job performance, past disciplinary actions imposed, including
a consideration of whether the employee has been previously disciplined
or referred to treatment for substance abuse problems;
b.
The job classification of the employee;
c.
The specific circumstances which caused the testing to be required,
including a consideration of whether the employee's actions caused
injury, property damage or death to any person;
d.
Previous efforts on the part of the employee to deal with his/her
substance abuse problem; and
e.
The degree to which continued employment of the individual would
either enhance or impair the ability of the City to deliver safe and
efficient service to the community, including a consideration of whether
public trust and confidence in the City would be adversely affected.
D.
Mandatory Referral To An Assistance Program.
1.
As an alternative to or in conjunction with formal disciplinary proceedings
which may be instituted against an employee for a violation of the
provisions of this policy, the Board of Aldermen may, in appropriate
cases, suspend the imposition of formal discipline (dismissal, demotion,
reduction in compensation, suspension without pay) for a period not
to exceed one (1) year, pending the successful completion of assessment,
counseling and rehabilitation by the employee. Written notice of mandatory
referral to a substance abuse program shall be given to the employee.
2.
In the event the employee does not complete assessment, counseling
or rehabilitation, the appointing authority may, within the one (1)
year period following the date of written notice of mandatory referral
to a substance abuse program, impose such formal discipline as is
authorized under this policy. No formal discipline may be imposed
for the underlying offense more than one (1) year after notice of
mandatory referral.
E.
Expungement Of Drug And Alcohol Testing Records. Upon written request by the tested employee, all records relating to a request for and the results of drug or alcohol testing may be expunged from an employee's file and destroyed if the results of the testing do not show a substance concentration level at or above the levels set out in Section 117.180(C) of this policy; provided, that the records shall be preserved until the conclusion of all proceedings arising out of any appeal. This Subsection shall not apply to pre-employment testing authorized under Section 117.180(A) of this policy and the results of pre-testing shall remain a permanent part of an employee's file in accordance with the provisions of that Section.
F.
Employee Use Of Leave Time While Seeking And Receiving Treatment. Employees who are receiving treatment for substance abuse problems
are entitled to use all forms of accumulated leave time available
to them, including sick leave, vacation time and compensatory time.
Should an employee who is receiving treatment prefer to take a leave
of absence without pay rather than utilize accumulated leave time;
or should an employee exhaust all available leave time prior to receiving
medical clearance to return to his/her work duties, the employee may
request a leave of absence without pay. Such a request will be considered
in light of all the circumstances of the case including, but not limited
to, the manpower needs of the City, the medical needs of the employee
and the degree of good faith effort displayed by the employee in dealing
with his/her substance abuse problem. Nothing herein shall be construed
to require that a leave of absence without pay must be granted in
such cases. The granting or permitting of such leave shall be at the
discretion of the Board of Aldermen.
G.
Records To Be Held In Confidence. All information regarding
voluntary and mandatory referrals to a substance abuse program shall
be confidential. Records of the program shall not be placed in an
employee's general personnel file, but shall be kept in a separate
confidential folder that will be securely kept by the Chief of Police.
The Police Department is authorized to release the contents of the
confidential folder to the members of the Board of Aldermen, the attorney
for the City and to the employee upon request. Disclosure without
employee consent is also authorized if:
1.
Production of the information is compelled by law or by judicial
or administrative process;
2.
The information is to be used in administering an employee benefit
plan;
3.
The information is needed by medical personnel for the diagnosis
or treatment of the employee and he/she is unable to authorize disclosure.
[R.O. 2004 §120.370; Ord. No. 833 §VI, 5-16-1996]
An employee who receives formal discipline (dismissal, suspension
without pay, demotion, reduction in compensation) for violation of
the provisions of this policy through action of a supervisor is entitled
to appeal the supervisor's decision to the Board of Aldermen of the
City of Pevely, Missouri.
[R.O. 2004 §120.380; Ord. No. 833 §VII, 5-16-1996]
A.
In
addition to the provisions stated in the Substance Abuse Policy of
the City of Pevely and in accordance with the City's desire to provide
a drug- and alcohol-free workplace for its employees, all employees
of the City of Pevely are hereby notified as follows:
1.
The unlawful manufacture, distribution, dispensing, possession or
use of a controlled substance is prohibited on, about or within any
property which is owned, leased, operated, used, maintained or occupied
by the City of Pevely, Missouri, as a vehicle or site for the performance
of work done in connection with rendering of service to the City's
inhabitants and the citizens of the community. Employees who violate
this prohibition will be subject to disciplinary action up to and
including termination; or mandatory referral for substance abuse assessment,
counseling and rehabilitation; or a combination of these actions in
accordance with the provisions of the Substance Abuse Policy.
2.
In furtherance of the City's obligation to provide a drug-free workplace,
the City hereby informs its employees about:
a.
The dangers of drug abuse in the workplace;
b.
The City's policy of maintaining a drug-free workplace;
c.
Available sources for drug counseling, rehabilitation and employee
assistance for substance abuse problems (all hospitals, Alcoholics
Anonymous, ALANON, the employee's own physician, SATOP Programs and
private drug abuse counselors); and
d.
The penalties which may be imposed on employees who commit drug abuse
violations in the workplace.
3.
Every employee who is engaged in the performance of any work connected
with the City shall, as a condition of employment with the City;
4.
The City of Pevely, Missouri will take one (1) or more of the following actions within thirty (30) days of receiving notice under Subsection (4)(b) with respect to any employee who is so convicted:
a.
Impose appropriate personnel action against such an employee, up
to and including termination.
b.
Require such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by
a Federal, State or local health, law enforcement or other appropriate
agency.
5.
The City of Pevely will make a good faith effort to continue to maintain
a drug-free workplace through implementation of the provisions of
this statement and of the Substance Abuse Policy of the City of Pevely.
