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HomeMy Public PortalAboutOrdinance No. 767-95 10-10-1995 • ORDINANCE NO. 7 6 7- 9 5 AN ORDINANCE ADOPTING THE ATTACHED DRUG AND ALCOHOL TESTING AMENDMENT TO THE CITY OF RICHLAND HILLS DRUG-FREE WORKPLACE POLICY, PROVIDING A SEVERABILTTY CLAUSE AND PROVIDING AN EFFECTTi~E 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 and Alcohol Testing Policy furthers the efforts • of the City Council in this regard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. That the attached "City of Richland Hills, Texas, Drug and Alcohol Testing Policy" is hereby adopted and placed into effect in the City of Richland Hills, Texas, effective January 2, 1996. 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. Page 1 • PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the 10th day of October , 1995, by a vote of 4 ayes, ~ nays, and ~ abstentions. APPROVED: . F. Kelley, Mayor ATTEST: i~ ` i ee, Terri is, Cit Secretarg APPROVED AS TO FORM AND LEGALITY: aul F. Wieneskie, City Attorney 423MLIBlbhl100595 • ORDINANCE NO. 7 6 7- 9 5 Page 2 CITY OF RICHLAND HILLS • DRUG AND ALCOHOL TESTING POLICY I. PURPOSE: In compliance with the Federal Drug Free Work Place Act and the Texas Workers Compensation Act and to enhance the health and safety of employees and the public and to provide amore cost efficient delivery of municipal services it is the policy of the City of Richland Hills to maintain adrug-free work place. In furtherance of said policy, this Drug and Alcohol Testing Policy is adopted as an amendment to the City's Drug Free Work Place Policy which took effect on May 15, 1991. This drug and alcohol testing policy has as its goal and objective the maintenance of a drug-free work place through procedures designed to recognize and verify drug and alcohol use by employees and to assist andlor discipline employees who violate such policy. II. SCOPE: This drug and alcohol testing policy applies to all employees except that sworn employees of the Police and Fire Departments will be governed by more restrictive policies. III. PROCEDURES: A. Drug and/or alcohol tests shall be administered at the direction of the City Manager or his Assistant in the following instances: 1. Following an employee's being charged with a criminal offense involving the use, possession, distribution, or sale of a drug. 2. Upon reasonable suspicion that an employee is in violation of the drug and alcohol policy of the City. 3. Upon receipt of information from reliable and credible sources which is separately corroborated that an employee has violated the drug and alcohol policy of the City. 4. Upon receipt of information that an employee has tampered with or otherwise influenced a previously administered drug or alcohol test. 5. Upon discovery that an employee is in possession of alcohol or drugs (other than over-the-counter drugs) in violation of the drug and alcohol policy of the City. 6. Upon discovery that an employee is in possession of drug paraphernalia. DRUG AND ALCOHOL TESTING POLICY PAGE 1 7. At reasonable times and for reasonable periods during and following • an employee's participation in a drug or alcohol treatment program in which the employee is or has participated as a requirement of the drug and alcohol policy of the City of Richland Hills. 8. Upon application for employment. 9. On a random, unannounced basis for employees in safety-sensitive positions, in the discretion of the City Manager. B. The City Manager or, in absence of the City Manager, the Assistant to the City Manager or Acting City Manager, shall have sole authority to order an employee to submit to a drug or alcohol test. No other city employee may order an employee to submit to a drug or alcohol test without express authorization of the City Manager. C. At time of the conduct of a drug or alcohol test each employee shall, prior to such test, be required to sign a form consenting to such tests. Failure or refusal to sign the consent form or to submit to testing will be cause for disciplinary action, which could include discharge. D. No employee may tamper with or otherwise improperly influence the drug or alcohol testing process. E. An employee determined to have violated the drug and alcohol policy of the City will be subject to all disciplinary procedures authorized to the City under the personnel policies of the City including, without • limitation, demotion, suspension, or termination and may also be required to submit to periodic additional drug and alcohol tests and treatment for chemical dependency. F. Sworn employees of the Police and Fire Department determined to have used, possessed or distributed drugs in violation of law or in violation of this drug policy shall be terminated. This policy is dictated by the fact that such sworn personnel of the Police and Fire Department hold not only positions of special public trust but are required to uphold and protect the law and are also charged with duties and responsibilities such that their judgment and discretion cannot be influenced through the use of drugs or alcohol. G. Employees who have substance abuse problems are encouraged to obtain assistance with their problems before they are required to submit to drug and alcohol testing. The City of Richland Hills is concerned about the health of its employees and it supports sound treatment efforts for chemical dependency. Normal employee benefits such as sick leave and group medical plans may be available during the treatment process. In addition, certain community based treatment programs are also available. No employee's job will be jeopardized if he or she conscientiously seeks assistance for • DRUG AND ALCOHOL TESTING POLICY PAGE 2 substance abuse voluntarily before he or she is required to submit to a • drug or alcohol test or is determined to have violated the City's drug policy. However, in order to obtain management cooperation in an assistance program for chemical dependency, the employee will be required to: 1. Recognize and admit that he or she has a drug or alcohol problem; 2. Ask for assistance in the form of employee benefits or community programs; 3. Accept and understand that if he or she does not correct the problem and maintain satisfactory job performance, he or she will be subject to discharge; 4. Submit to drug and alcohol tests, both blood and/or urine tests if required by the City, at the beginning of the treatment program, at periodic intervals during the treatment program, and at required intervals thereafter. Such drug and alcohol tests during the treatment program must show a declining presence of drugs and alcohol in the employee's body as the treatment program is conducted. A positive drug or alcohol test reflecting anon-declining presence of drugs or alcohol during the treatment program or the presence of drug or alcohol following completion of the treatment program will be grounds for termination. • 5. Submit, as may be required by the City, to interviews and physical examinations by a physician designated by the City to determine his or her fitness for duty. Such examinations may be required at the commencement of and during the treatment program. IV. DEFINITIONS: A. "Alcohol" means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume which is capable of use for beverage purposes, either when alone or when diluted. B. "Alcohol test" means testing for blood alcohol content by a breathalyzer instrument or the drawing or collection of blood or serum sample and the laboratory analysis thereof. C. "Drug" means marihuana or a controlled substance as defined by the Texas Controlled Substances Act, Chapter 481, Texas Health and Safety Code, and/or Title 21, Section 812, Schedules I through V, of the Federal Controlled Substances Act, including but not limited to marijuana, hashish, cocaine, heroin, morphine, codeine, opiates, amphetamines, barbiturates, and hallucinogens. Drug also means a volatile chemical possessed, used or delivered in violation of the provisions of Chapter 484 of the Texas Health and Safety Code, and abusable glue or aerosol paint • possessed or used in violation of Chapter 485, Texas Health and Safety Code. DRUG AND ALCOHOL TESTING POLICY PAGE 3 D. "Drug paraphernalia" means equipment, a product or material of any kind • described in Section 481.002 of the Texas Controlled Substances Act, including but not limited to equipment, a product or material that is used or intended for use in planting, propagating, cultivating, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance or in injecting, ingesting, inhaling, or otherwise introducing in the human body a controlled substance. Drug paraphernalia also means inhalant paraphernalia possessed, use or delivered in violation of the provisions of Chapter 484 of the Texas Health and Safety Code. E. "Drug test" means collection of urine specimen by medical personnel and a laboratory analysis of that specimen by Enzyme Immunoassay (EMIT) screening and, if appropriate, confirmatory testing using the Gas Chromatography/Mass Spectrometry (GC/MS) methods and procedures or such other screening and/or testing as may be established based upon the then current and appropriate technology. All such testing and analysis of specimens shall be performed by a laboratory certified by the U.S. Department of Health and Human Services and National Institute on Drug Abuse to perform gas chromatography/mass spectrometry analysis. F. "Reasonable Suspicion" means a conclusion based on personal observation of specific objective instances of employee conduct suggesting that an employee is under the influence of a drug or alcohol. A mere "hunch" is not reasonable suspicion; rather, such reasonable suspicion must be based on specific, articulable facts concerning an employee's appearance, • deportment, conduct or job performance indicating that the employee is then impaired by the use of a drug or alcohol. V. NOTIFICATION TO EMPLOYEES AND EFFECTIVE DATE: All employees shall receive and acknowledge in writing receipt of a copy of this Drug and Alcohol Testing Policy. All newly-hired employees shall receive and acknowledge in writing receipt of a copy of this policy on or before the first day of their employment. This Drug and Alcohol Testing Policy will not be implemented as to any employee -other than a Police or Fire Department employee -until at least sixty (60) days after said employee has received a copy of this policy. Any employee refusing to acknowledge receipt of this policy may be deemed guilty of insubordination. 421m1ib/bh/100595 • DRUG AND ALCOHOL TESTING POLICY PAGE 4 CITY OF RICHLAND HILLS, TEXAS DRUG AND ALCOHOL TESTING POLICY ACKNOWLEDGEMENT I have read (or had read to me) the City of Richland Hills' policy on Drug and Alcohol Testing. 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 422MLIB/bh/100595