HomeMy Public PortalAboutOrdinance No. 635-91 05-13-1991 • ORDINANCE NO. 6 3 5
AN ORDINANCE ADOPTING THE ATTACHED C1TY OF
RICHLAND HILLS DRUG-FREE WORKPLACE POLICY,
PROVIDING A SEVERABILTTY CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, it is the policy of the City of Richland Hills, Texas, to maintain a
drug- and alcohol-free workplace; and
WHEREAS, the City desires to adopt a policy to insure safe operation of City
equipment and efficient delivery of City services through adrug- and alcohol-free
workplace; and
WHEREAS, the City desires to comply with the provisions of the Texas Workers
Compensation Act and the Federal Drug-Free Workplace Act; and
WHEREAS, the attached Drug-Free Workplace Policy addresses the concerns of
the City Council in this regard.
NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
• I.
That the attached "City of Richland Hills, Texas Drug-Free Workplace Policy"
is hereby adopted and placed into effect in the City of Richland Hills, Texas,
effective May 15, 1991.
II.
Severability Clause. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
III.
Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Richland Hills City Charter and the
laws of the State of Texas.
•
ORDINANCE NO. 6 35 Page 1
• PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of
the Richland Hills City Council on the 13 day of MAY 1991, by a vote
of 5 ayes, ~ nays, and 5 abstentions.
A .PROVED:
Gam,
James R. Truitt, Mayor
ATTEST:
' .
.~`ij
Pauline Kempe, City Secr tary
APP VED AS TO FORM:
.
P/aul F. Wieneskie, City Attorney
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•
ORDINANCE NO. 6 3 5. Page 2
• CITY OF RICHLAND HILLS, TEXAS
DRUG-FREE WORKPLACE POLICY
I.
PURPOSE AND SCOPE
It is the policy of the City of Richland Hills to maintain a safe, drug-free,
alcohol-free work environment for its employees, conducive to effective City
government operations, and to make a good faith effort to comply with the Federal
Drug-Free Workplace Act of 1988, as amended. All personnel, equipment, and
operating practices, at any and all places the work and services of the City are
performed, are required to be and remain consistent with the highest standards of
health, productivity, and safety, and are all subject to the provisions of this
Drug-free Workplace Policy.
As a public employer, the City is entrusted with the health and safety of its
citizens. The presence of drugs and alcohol in the workplace and the influence of
these substances on employees during working hours is inconsistent with effective
government and with the safe, efficient delivery of governmental services.
The provisions of this Drug-free Workplace Policy include alcoholic beverages,
as well as inhalants and illegal drugs, controlled substances and dangerous drugs.
The provisions of this Drug-free Workplace Policy are in addition to and do not
supersede or replace provisions concerning drug or alcohol use or possession
• contained in the City's Personnel Manual or in the personnel manual or policies
applicable to individual departments.
II.
POLICY REQUIREMENTS
The unlawful use, possession, distribution, dispensation, provision, sale or
manufacture of any inhalant, controlled substance, dangerous drug or illegal drug, or
the use, consumption, possession, distribution, provision or sale of alcohol or any
other performance-altering substance (including the condition of being under the
influence of any of such above-named substances), while on duty, on call or standby,
while wearing a City uniform, while in a City-owned vehicle, or while upon
City-owned property is strictly prohibited. Any employee who violates this policy is
subject to disciplinary action, up to and including dismissal. The use and possession
of prescription drugs under the supervision of a physician is governed by the
provisions of the City's Personnel Manual.
If convicted of a criminal drug offense, an employee is required to report that
conviction to the employee's supervisor within five (5) calendar days of the
conviction.
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CITY OF RICHLAND HILLS, TEXAS
DRUG-FREE WORKPLACE POLICY Page 1
• III.
SUBSTANCE ABUSE TREATMENT PROGRAMS
The City's "TexasCare" health care plan provides benefits for eligible expenses
for treatment of a Substance Abuse Condition, as defined therein, determined on the
same basis as for any other sickness, subject to the requirements stated in the
TexasCare Health Benefit Plan Certificate-Booklet and any amendments thereto.
rv.
DRUG TESTING
The City currently conducts pre-employment drug testing programs for Police
and Fire Department employees. Other drug testing programs may be adopted by
the City in the future by amendment to this policy. All employees shall receive a
copy of any amendment to this policy which implements other drug testing programs
at least sixty (60) days prior to the implementation of such drug testing programs.
V.
NOTIFICATION OF DRUG-FREE WORKPLACE POLICY
All employees shall receive and acknowledge in writing the City's policy on a
drug-free workplace. All newly-hired employees shall receive a copy of this policy
on or before the first day of their employment.
EFFECTIVE May 15, 1991.
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0235a/dd/050991
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CITY OF RICHLAND HILLS, TEXAS
DRUG-FREE WORKPLACE POLICY Page 2
CITY OF RICHLAND HILLS, TEXAS
DRUG-FREE WORKPLACE POLICY
ACKNOWLEDGEMENT
I have read (or had read to me) the City of Richland Hills' policy on maintaining
a drug-free workplace. I fully understand the policy and intend to comply with it. I
understand that compliance with this policy is a condition of employment with the
City of Richland Hills, and that violation on my part subjects me to disciplinary
action, up to and including dismissal.
Employee Name
Employee Title
•
Date
0236a/dd/050991