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HomeMy Public PortalAboutRES-CC-1999-25Resolution 25-99 A RESOLUTION AMENDING CITY OF MOAB PERSONNEL POLICIES AND PROCEDURES MANUAL. Whereas, the City of Moab Personnel Policies and Procedures Manual contains rules of general application concerning hiring, promotion, pay, benefits, and discipline; and Whereas, the Manual should be reviewed and revised on a periodic basis to ensure compliance with employment laws and contemporary personnel management practices; and Whereas, the Moab City Council has determined that the Manual should be revised; and Whereas, revised Section 6.10 of City of Moab Personnel Policies and Procedures Manual has been presented to this meeting of the Moab City Governing Body; NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY RESOLVE TO APPROVE REVISED SECTION 6.10 THE OF MOAB PERSONNEL POLICIES AND PROCEDURES MANUAL IN SUBSTANTIALLY THE FORM PRESENTED TO THIS COUNCIL: This resolution shall take effect on December 1, 1999. Passed and adopted by action of the Governing Body of Moab City in open session this 9a' day of November, 1999. CITY OF MOAB ByA?orrieeL �r r� Karla R. Hancock Mayor Attest: 0,_ocw,„ Rachel Ellison City Recorder Personnel Policies and Procedures Resolution Page 1 of l 6 10 Drug and Alcohol Pohcv A) Pursuant to the Federal Drug Free Workplace Act, 41 U S C. 701 et seq , the Omnibus Transportation Employees Testing Act, and the Utah Local Governmental Entity Drug - Free Workplace Policies Act, U.C.A. 34-41-101 et seq., it is the pohcy of the City of Moab that the unlawful manufacture, distribution, possession or use of alcoholic beverages, controlled substances, and other substances which may impair work performance is expressly prohibited It is the policy of the City that City employees, being servants of the public, and warranting respect from the pubhc, must maintain a high standard of integrity and trustworthiness It is the policy of the City to have a drug -free workplace In order to aclueve a drug -free workplace, all employees shall be required to participate in alcohol and controlled substances education and testing, as follows. 1 An alcohol and drug education program, as provided by the City, shall be completed by all new employees within the fast two weeks of employment. 2. An alcohol and drug test shall be performed on all job apphcants who have been extended an offer of employment for a safety sensitive position Any offer of employment for a safety sensitive position is expressly conditioned upon the successful completion of a pre -employment drug/alcohol screening. 3 All employees in safety sensitive positions will be subject to alcohol and drug testing upon reasonable suspicion by the employer that the employee is unpaired by drugs or alcohol while on duty 4 All employees in safety sensmve positions will be subject to alcohol and drug testing when the employee has been involved in an on -duty accident involving a motor vehicle or motorized equipment or, with regard to police department personnel, when the employee has been involved in any incident in which a firearm is discharged in the line of duty. 5. All employees in safety sensitive positions will be subject to random drug and alcohol testing. B) Scope This pohcy covers all City employees and new apphcants for City employment. C) Definitions 1. "Alcohol" is defined as the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols in methyl and isopropyl alcohol no matter how packaged or in what form the alcohol is stored, utihzed or found 2. "Controlled Substances" (also referred to as "drugs) shall be defined as any substance controlled or regulated pursuant to the Utah Controlled Substances Act, U C A 58-37- 2, as amended, federal law, and including controlled substances or medications which, though legal, have not been prescribed to the employee by a treating physician for a bona fide medical condition or ailment. For purposes of example only, and without hmitation, controlled substances or drugs include substances such as cocaine, heroin, marijuana, hashish, amphetamines, opium, LSD, and similar illegal drugs. Controlled substances shall also include legal substances which are used for intoxicating effect, including inhalants such as paints, thinners, solvents, or over-the- counter drugs where used as an intoxicant in doses in excess of recommended levels. Controlled substances shall also mean the metabolite of any of the substances covered by this policy. 3. "Impaired work performance" is defined as any performance of normal job dunes duties that could jeopardize the health, safety or welfare of the employee, other employees, or any other individual. 4 "Positive Test" is defined as follows• a. for Commercial Dnver's License operators, any test result showing a blood or breath alcohol content of 04 or greater, as defined by law, or the presence of any quantity of a controlled substance in the test subject, b. for non-CDL dnvers age 21 and over any test result showing a blood or breath alcohol content of 04 or greater, as defined by law, or the presence of any quantity of a controlled substances in the test subject, c. for all employees under age 21 any test result showing a blood or breath alcohol content of .001 or greater, as defined by law, or the presence of any quantity of a controlled substances in the test subject. 5 "Refusal to Submit to Testing" shall be defined as the failure to provide an adequate breath, urine, hair, or blood sample without a valid verified medical explanation, after the employee has received notice of testing, conduct that clearly obstructs the testing process, or failure to make oneself available for testing. 6. "Reasonable Suspicion" is knowledge sufficient to induce a person trained in drug and alcohol abuse recognition and the City of Moab Drug and Alcohol Pohcy and Procedures to beheve that a violation of the Drug and Alcohol Policy has occurred. 7. "Safety Sensitive Position" shall be defined to include job titles in which the employee carnes a firearm in the course of duty or is required to carry a Cornmeresal Dnver's License The following positions shall be defined as safety sensitive 1. Assistant Pohce Chief 2. Pohce Sergeant 3. Detective Sergeant 4. Pohce Officer I 5 Pohce Officer II 6. Police Officer III 7. Pohce Chief 8. Streets Service Worker II- CDL 9. Streets Service Worker III- CDL 10. Animal Control Officer 11. Other positions that may be designated on the position descnption as safety sensitive D) Pre -Employment Screening 1 Upon extension of an offer of employment the apphcant shall undergo a drug and alcohol screening at a facility designated by the City Refusal to complete the pre -employment screening shall result in recision of the offer of employment. Testing should be completed not later than three calendar days from the extension of an offer of employment. Testing shall be completed at no cost to the applicant. 2. A positive test result for either drugs or alcohol shall result in recision of any offer of employment, except that an applicant who tests positive may request an additional analysis of the second split of any urine sample collected, as provided under Section 5(G), below. The request shall be made not later than 72 hours from the time the applicant is notified of the test result. Any second test shall be undertaken at the facility designated by the City and the costs of the second test shall be split equally between the City and the applicant. 3. The City may, but shall not be required, to renew an offer of employment should the second test yield a negative result. 4. Temporary or seasonal employees who are hired and rehired within a one-year tune period shall be required to undergo a pre -employment screening only once during any one- year period. E) Testing Procedures I. Testing shall be accomplished via urine, breath, blood or hair sampling methods at a location designated by the City. No sampling or testing shall be carried out by City employees. In all situations the collection and analysis of specimens shall be performed by qualified medical personnel trained in the applicable method. Where applicable, tests should be performed using gas chromatography/mass spectroscopy, certified breath -testing equipment, or similarly reliable methods. 2. Employees directed to report for testing under this policy shall do so immediately upon request of the supervisor. Failure to timely report for testing shall be regarded as a "refusal", except where the failure is a result of circumstances beyond the control of the employee. All employees subject to testing may be required to present proof of identity to the testing agent. Employees shall be compensated at their regular wage rate for time spent complying with this policy, and all testing shall be completed during the employee's regular work shift, if possible. 3. Urine sampling shall be conducted in a manner that preserves the privacy and dignity of the individual. All sampling shall be conducted under sanitary conditions and the City may institute procedures to prevent substitution, adulteration, or tampering with samples. 4. Prior to testing an employee or applicant shall disclose in writing to the medical officer performing the test, information concerning any medical condition or medications consumed by the employee or applicant which might affect test results. 5. The City shall employ testing procedures that maintain the chain of custody from the collection of any sample through the chemical analysis of the sample and receipt of the test results. Analysis of samples shall be accomplished through laboratories accredited either by the Substance Abuse and Mental Health Services Administration or the College of American Pathology. 6. Testing shall be conducted only for the presence of alcohol or controlled substances defined by this policy and state law. In no instance shall samples be tested for the existence of any other medical condition, disease, or defect. 7. Following testing the Supervisor shall provide the employee or applicant a copy of the written test results, and shall discuss the results with the employee/applicant. Employees or applicants testing positive may elect, within 72 hours of receipt of notice of a positive result, to have a second analysis of a split urine sample. Regardless of whether the employee requests a second analysis, prior to instituting any disciplinary action based upon test results the City shall confirm the results via a second analysis of the split urine sample. If requested by the employee/applicant, the costs of such second test shall be split equally between the employee/applicant and the City. 8. It is against City policy for any employee or prospective employee to tamper with or adulterate a specimen. Any adulterated or tampered specimen will be treated as a positive test. F) Random Testing 1. All employees in safety sensitive positions shall be nominated in a pool testing consortium. Each employee within that pool shall have an equal chance at being tested each time the consortium conducts a random test. At least 5096 of the City's safety sensitive position population shall be tested in a given year. 2. Random tests shall be announced on the date the test is to be completed. Persons selected from the testing pool will be notified personally by their supervisor. 3. The City shall maintain records as to the random pool, pool selections, and how employees are selected for testing. G) Testing Upon Suspicion of Impairment. 1. Any employee in a safety sensitive position may be subject to testing where his/her supervisor or other superior has a reasonable suspicion that the employee is impaired or under the influence of alcohol or a controlled substance covered by this policy. 2. For purposes of illustration only, and without limitation, "reasonable suspicion" of impairment may indude the following: direct observation of behavior consistent with impairment such as slurred speech, stumbling, or lack of coordination; the direct observation of the consumption of alcohol or controlled substances; erratic or abnormal behavior; arrest or conviction for a drug or alcohol related offense when coupled with other indicia; identification of an employee as a suspect or focus of a drug related criminal investigation based upon credible and corroborated information; evidence of tampering with samples or adulteration of a previous test. The preceding list is for purposes of example only, and shall not be construed to describe all of the possible grounds which may support a finding of reasonable suspicion. 3. An employee directed to perform a suspicion based test shall receive written notice to that effect from his/her supervisor. The notice shall describe the conduct or behavior giving rise to a suspicion of impairment. H) Post Accident Testing 1. Employees in safety sensitive positions shall undergo testing automatically upon the occurrence of an on -duty accident resulting in injury or death to persons or damage to real or personal property or vehicles. Additionally, police department personnel shall undergo testing following any incident in which a firearm is discharged in the line of duty, exdusive of firearms training. 2. Results of testing conducted by other law enforcement agencies pursuant to independent legal authonty may be utilized by the City for purposes of compliance with this policy. All employees consent to the release of such results to the City for the purposes of this policy. 3. Alcohol testing shall be completed not later than two hours from the time of any incident covered by this policy, except for good cause shown. Drug testing shall be completed not later than eight hours from the tune of any incident covered by pohcy, except upon good cause shown. I) Disciphnary Policy 1. Employees shall not test positive for any alcohol, m excess of the limits imposed by this policy, or test positive for any controlled substance when subject to testing pursuant to this policy. Violation of this policy may result in disciplinary action including: mandatory rehabilitation education, treatment, or counseling, suspension without pay for a determinate penod; other disciphnary sanction; or termination. In the case of termination, an employee shall be entitled to the applicable termination procedures outlined in the personnel pohcies and procedures manual and the state code. 2. Commercial Dnver's License Operators who produce a blood or breath alcohol test result of .02-.039 grams per titer will be removed from service for 24 hours, and will be subject to a follow-up test prior to returning to work. 3. It is the policy of the City that drug and alcohol test results shall be used for internal hiring, employee disciphne, and personnel decisions, and not for the collection of evidence in any cnminal proceeding or investigation. Test results shall not be used by the City for any cnnunal investigation. 4. Drug and alcohol test results, and all accompanying medical information, shall be maintained in the employee or applicant's personnel file. The information is a protected document under the Government Records Access and Management Act, U.C.A. 63-2-101 et seq., and shall not be released by the City, except upon consent by the employee or applicant, upon court order or similar legal process, or as required by federal law. 5. Pursuant to the Amencans with Disabilities Act and the Utah Anti-discrunination Act employees or applicants testing positive under this pohcy are not, by virtue of the test result, regarded as disabled. 6. Upon confirmation of a violation of the policy, the level of discipline shall be committed to the discretion of the supervisor, acting in consultation with the City Manager. Factors which may apply to discipline decisions include the type of substance involved, the employee's length of service, the employee's overall work history, whether or not an injury or property damage occurred, the risk or potential of an injury, the level of impairment, any history of past violations or previous treatment, and the extent to which the pubhc trust or offiaal duties are compromised by the Impairment. Other factors may be considered. EMPLOYEES ARE NOTIFIED THAT ANY VIOLATION OF THIS POLICY MAY CONSTITUTE GROUNDS FOR TERMINATION. 7 Where an employee is found to have violated this policy he/she will not be permitted to return to work until such tune as a re -test reveals the absence of any violation. Where a supervisor suspects that an employee is unpaired in violation of this pohcy the supervisor may suspend the employee, with pay, pending receipt of the test results ,n General Policies with Respect to Alcohol and Controlled Substances and Admuustrative Matters 1 Possession, consumption, distribution, or manufacture of controlled substances by all employees, whether on duty or off, is expressly forbidden Violation of this policy, wluch need not include a cnrnmal conviction, is grounds for termination or drsciplmary action. This pohcy excludes the possession of controlled substances collected by law enforcement personnel as evidence pursuant to normal law enforcement activity 2 Possession, consumption, distribution, or manufacture of alcohol by any employees while on duty, or on City property, or in City vehicles is forbidden, except that off -duty employees may consume alcohol on City property as a social guest where permitted by City ordinance, e.g. Moab Arts and Recreation Center events. 3. All employees are advised that the Ctty reserves the nght to conduct inspections of city owned property, inrludmg vehicles, work stations, tool boxes, desks, lockers, cabinets, and the like. Employees shall have no expectation of pnvacy with regard to personal items stored in such locations. Contraband or other evidence of illegal conduct discovered in such locations will be turned over to appropnate law enforcement agencies for possible cnrrttual mvesttganon or prosecution. 4 Evidence of cnmmal conduct, other than positive test results obtained under this policy, will be turned over to appropriate law enforcement agencies for investigation and prosecution. By way of example only, should a supervisor observe the distribution of a controlled substance by any employee, that evidence shall be turned over to the appropnate pohce agency. 5. All employees and new appointees shall participate in a drug -free workplace training prograrn as soon as practicable following adoption of this pohcy or upon commencement of employment. This training will address the specifics of this pohcy as well as drug and alcohol abuse issues in the work place.