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;
d.
Deterioration of work habits;
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.