In keeping with the City's philosophy of maintaining the highest standards of professionalism in government, the City believes that it is in the best interest of its employees and the public in general to state its position in support of an alcohol-free and drug-free workplace. The use of alcohol and drugs can create serious and debilitating effects on an employee in the performance of his or her duties with a direct correlation to the quality of service to the needs of the public.
The Mayor and Council approve and adopt the following regulations regarding alcohol, narcotic drugs, and/or other controlled dangerous substances:
1. 
ON CITY PREMISES. Subject to the provisions of Subsection 13 herein, no alcoholic beverages, narcotic drugs and/or other controlled dangerous substances shall be brought onto, or consumed, distributed, dispensed, or manufactured within the confines of any of the City's municipal buildings, including its parks and recreational facilities.
2. 
CONSUMPTION AND USE. The consumption and/or use of alcoholic beverages, narcotic drugs, or any other controlled dangerous substances by any employee of the City during either regular or overtime working hours is strictly forbidden.
3. 
CITY VEHICLES. No alcoholic beverages, narcotics drugs and/or other controlled dangerous substances shall be carried, transported or consumed within any vehicle, or on any piece of equipment owned by or under control of the City.
4. 
OPERATION OF CITY VEHICLES. The operation and/or maintenance of any vehicle and/or equipment by any employee who is under the influence of alcoholic beverages, narcotic drugs or any other controlled dangerous substance to any degree whatsoever is expressly forbidden. This prohibition covers any employee who may report to work in an intoxicated condition or is found to be under the influence of narcotic drugs or any other controlled dangerous substances. The operation and use of vehicles and equipment includes, but is not limited to, any automobiles, trucks of whatever size or character, snow plows, spreaders, chain saws, power tools, lawn mowers, recycling equipment and any other equipment used and operated by any employee of the City.
5. 
REHABILITATION. If the City finds an employee to be under the influence of alcoholic beverages, narcotic drugs or any other controlled dangerous substances while on duty, it will require the employee, at his or her expense, to participate in and satisfactorily complete an alcohol or drug abuse counseling, assistance or rehabilitation program through a State-approved and certified public or private health agency or hospital. Any employee participating in counseling, assistance or rehabilitation program shall return to the workplace only after submitting a written certification from the treating agency stating that the employee has satisfactorily completed the necessary rehabilitation requirements and is capable of returning to work.
6. 
REQUIREMENT FOR EXAM AND TESTING. If the Mayor, City Administrator, or a department head has reasonable suspicion that an employee, while on the job, is under the influence of alcoholic beverages, narcotic drugs, or any other controlled dangerous substance and that such influence may affect the employee's physical coordination and/or mental facilities, the employee may be ordered to submit to a physical examination immediately, including but not limited to a blood test, urinalysis, hair analysis, physical coordination or other test at a medical facility of the City's choice to establish or refute the belief. The following characteristics and factors may be used to establish a reasonable suspicion as used herein:
a. 
Physical impairment or incapacity;
b. 
Excessive absenteeism;
c. 
Chronic lateness;
d. 
Deterioration of work habits;
e. 
Reduced productivity;
f. 
Confidential information concerning the use of alcoholic beverages, narcotic drugs or any other controlled dangerous substances;
g. 
A positive urinalysis or blood test as a result of testing during a bona fide medical exam;
h. 
Involvement in a vehicular accident in which a drug- or alcohol-related charge is brought, or there is other basis for reasonable suspicion that alcoholic beverages, narcotic drugs or any other controlled dangerous substances use may have been a contributing factor;
i. 
Uncharacteristic behavior; or
j. 
There is a discernable odor of alcohol, narcotic drugs or any other controlled dangerous substances on the breath or person of the employee.
The refusal by an employee to submit to any analytical test when so directed to, based upon reasonable suspicion, shall be the basis for immediate suspension, without pay, pending disciplinary action that may result in the employee's termination from City employment.
7. 
SAFEGUARDS FOR TESTING. All blood and urine samples will be taken at a medical facility of the City's choice and tested at a laboratory of the City's choice, both following customary laboratory procedures. The department head will escort the employee to the facility for testing. An employee being tested may, at the time the blood or urine are taken, request that a second sample be taken for storage and possible future challenge. The second sample, if requested, will be taken at the same time and in the same manner as the first, and will be secured under conditions designed to maintain the integrity of the sample. Any employee who produces a positive test result indicating the presence of alcohol, narcotic drugs or any other controlled dangerous substance will be subjected to disciplinary action up to and including termination from City employment, following grievance procedures that pertain to the employee.
8. 
STANDARDS FOR TESTING. The medical facility taking the sample and the laboratory at which the sample was tested will provide the City with proof that the methods used were in conformance with industry standards.
9. 
DISSEMINATION OF RESULTS. The facility conducting the test will send a certified copy of all test results to the City Administrator by certified mail in an appropriate mailer or envelope marked "Confidential" and to the attention of the City Administrator. The Administrator or his designee in writing will notify the employee who has been tested of the results. If the results are negative, the secondary samples that were taken will be discarded. If the results are positive, the results will be reviewed by the Mayor, Administrator, and department head, and the employee will be notified of the results in writing as soon as is practicable. The notification will include whether the results were positive or negative, and the options available to the employee. It will also advise him of his employment status and/or any disciplinary action to be taken.
10. 
CHALLENGE OF RESULTS. An employee who tested positive may challenge the results by giving the City Administrator written notice of his intention to do so within 10 days of receipt by him of notice of the results. If the employee claims that there is a medical reason for the positive results, the City will be allowed to discuss the claim with any physician of its choice, and the employee will waive any objection to that discussion that he might otherwise have. If the employee had had a secondary sample taken, he will be permitted to have the secondary sample tested in the same manner and by the same laboratory as the first. All costs incurred for the secondary testing will be paid by the employee if the second results are positive, and by the City if they are negative. All scheduled disciplinary action, except suspension pending the results, will be stayed until the City Administrator receives the results of the second test. If the results are negative, the disciplinary action will be terminated, and the original results expunged from the employee's personnel file. In that event, if the employee has been on unpaid suspension pending the results, he will be paid for the time lost at his normal rate of pay. If the results are positive, disciplinary action will continue according to the Grievance procedures that pertain to the employee.
11. 
OPTIONS TO THE EMPLOYEE. The City may in its discretion, and with the employee's agreement, temper its disciplinary action by any or any combination of the following at the employee's expense:
a. 
Enrollment of the employee in an alcohol or drug rehabilitation program;
b. 
Signing of a waiver by the employee a term of which will be that return to the use of alcoholic beverages, narcotic drugs or any other controlled dangerous substance will constitute the basis for termination of the employee's City employment; or
c. 
Mandatory random testing of the employee for use of alcoholic beverages, narcotic drugs or other controlled dangerous substances.
12. 
DRIVERS WITH CDL LICENSES. Nothing contained herein will affect in any way the policies of the City regarding random testing for drivers who own a Commercial Driver's License (CDL). If there is a provision in this policy which conflicts with a provision for CDL operators, the provision for CDL operators will prevail.
13. 
USE OF FIREHOUSE. Nothing set out herein will prohibit the Fire Department's continued authorized use of its banquet facility.