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.