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Home My Public Portal About20030522CCMeeting1 1 1 @ @ITEM 2003 -05 -22 Mayor Walter W. Parker called the regular May 22, 2003 City Council meeting to order at 7 P.M. The following members of Council were present: James Burke, Jack Youmans, Whitley Reynolds, Walter Crawford, Jason Buelterman and Richard Barrow. Council member Richard Barrow gave the invocation. The Pledge of Allegiance was recited by all. Jack Boylston was not present. John Overley, with Tri -State Broadband, asked for information as to what the City intended to do about his proposal for wireless, high -speed service. He said that several cities are using this service and are more than pleased. Some of the cities are Ellaville, Ft. Valley, Adel, Ft. Pelham, and a city in Florida. Overley said he wants to move forward and thinks this is a fantastic opportunity for the citizens and visitors alike. This is state of the art equipment, high speed and minimum maintenance. Burke asked what the cost to the City would be. Overley said the latest proposal was $185,000. Burke asked what were the benefits. Overley said it would be another city utility, generate additional revenue, and increase police, fire, and marine rescue efficiency. What would be the return on our investment, Burke wanted to know. Overley said, typically with 200 users, it will take about 36 to 48 months to break even. The life expectancy is 5 to 7 years, with the company responsible for the maintenance. Reynolds asked about Tri- State running it and city charging a Franchise Fee. Overley said Tri-State manages, bills and does the maintenance. City Manager, Bob Thomson, said this system is very fast, faster than DSL. One problem he sees is the technology is advancing so rapidly, he can't get past the up -front costs. Thomson said he had seen it work elsewhere, and other systems cost less. Parker asked that Thomson look at some other options. Youmans said that as slow as people move around here, we don't need anything -high speed. Lawanna Tsoulos asked, in light of recent problems with EMS, would this system help? Yes, said Mr. Overley, and there is also a backup system when power is out. Buelterman asked if there were companies that provide this service with less or even no up front cost. Thomson said yes. Overley said he could go to investors and see if they want to back the up front costs. Parker asked that he check and see if he could come back with a different proposal. Mayor Parker opened the meeting for business legally presented. Crawford motioned to approve minutes of May 8 meeting, Burke seconded. Vote was unanimous. Mayor Parker said he had written a letter, but had not mailed it yet, to Kathleen Miller, who requested permission to build a fire on the beach. Ms. Miller had written asked for permission for a Girl Scout Troop she was bringing here later in the summer. Parker said he wrote and advised her that fires on the beach were not allowed under our ordinances. He did not want to allow this group and perhaps set a precedent. All agreed and asked Parker to offer an alternative such as the park. Burke motioned for approval of 1st Reading for Decal parking only from Butler to the Beach on 6th through 13th Streets, Crawford seconded. Reynolds said he counted 176 meter that would be replaced. Crawford said that he didn't feel it would be a complete write off because there will be an increase in decal sales. Crawford said they wanted to decrease the traffic flow in these areas and try to redirect people to the North Beach area. 1 Burke said we need to buy signs to redirect people. Parking service has not tried to get additional spaces. He said the Parking Service Director told him that Harry Spirides told her no when he was asked about his lot, but Spirides said no one ever contacted him. Burke said Parking Service needs to be aggressive. Crawford said he agrees with Burke. The Citizens Parking Committee, after taking time to study the problem, recommended this change. Barrow asked if this would mean a savings to the City in personnel, and meter service and maintenance. Thomson said would save some in personnel but the meters would probably be relocated. Burke said he thought most people visiting would buy weekly decals at maybe $25.00 per week, and this would bring in a lot of revenue to the City. Buelterman asked about a trial period and Crawford said this season would be the trial period. Vote was 5, Burke, Reynolds, Crawford, Buelterman, and Barrow, for approval on 1st reading, and 1, Youmans, opposed. Reynolds asked Thomson to list the areas that are up for improvement in the water /sewer systems. Thomson said they are Cason Avenue, Butler Avenue, Water line to Savannah, and the water system in the Fort area. They are also considering the Breezy Point area, which will require a grinder pump resize. We should have a workshop before the next Council meeting in June. Buelterman asked what was the status of reduced speed limit on Highway 80? Parker said he had talked to DOT in Jesup and someone came to look at the problem about a year ago. Parker said he never heard anything and called again, and was told they would send someone else. Haven't seen anyone or heard anything else. Parker said he would talk to Tom Coleman next week and see if he can't get something done. Buelterman asked that a date be set for the workshop, after some discussion, June 4, 2003 at 5:00 PM was set. We need to develop a 5 -year plan for water /sewer. Crawford said he and Burke met with DNR last week regarding water conservation. He said that they would like to encourage residents to use shallow wells for irrigation instead of having a separate meter. According to the geologist, there is no ban on shallow wells In fact, they would prefer the use of plentiful shallow water instead of using treated water. Crawford said he would like for City Attorney Hughes to draft a resolution or ordinance encouraging the City to sink shallow ground water wells. Crawford, also, said he would like to see fees increased for irrigation meters. The only problems would be if the well was too close to the marsh or if they are drilled too deep. He suggested that if citizen already has irrigation meter, the money would be refunded when he turns the meter back in to the City. Crawford motioned for Hughes to draft a resolution or ordinance, whichever was required, Burke seconded. Vote was unanimous. Buelterman wanted to know what was the status of the tier rate on water billing. Thomson said HGB &DeY was $8,000, and thought he would get another one a little cheaper. So he got another one and it was $9,000. Jason Cowan, Finance Director, reported that the liability insurance premium had increased by $45,000. which is standard. Barrow asked if anyone else wrote that type of insurance. Cowan said there was not time to shop around, the payment was already late and he had sent in a 6 -month payment. There was discussion about other companies and ways to cut costs. Crawford motioned to have Cowan look into other companies, seconded by Buelterman. Vote was 5, Burke, Reynolds, Buelterman, Crawford, and Barrow, for motion, and 1, Youmans, opposed. Burke said, if he can find a better deal with adequate coverage, give the City Manager the authority to change. 1 Cowan told Council that he had 2 proposals from The Savannah Bank and First Chatham Bank. First Chatham offers a sweep account at 2.01%, a $15,000. increase on interest. Cowan said he likes to encourage patronage of local businesses. He said that now, with the Georgia Fund One account, we receive $30,000, with the new account at First Chatham, we would see an increase of $108,000. These funds are secure and we would have more liquidity. There was some discussion regarding other banks and what they could offer, and Cowan was asked to get some information and figures for the next Council meeting in June. Crawford asked Cowan if he knew where the funds for the MRS were coming from. Cowan said he did not have that information yet, but would by the next meeting. Barrow told Cowan that they appreciated his time and effort. City Attorney Hughes said he would like to correct a statement in the recently amended Section 2 -4 -18 (b), paragraph 5 pertaining to those employees who are eligible for retirement as of May 1. Continuing health care benefits for the retired employee is not to exceed $278.00. If the employee elects to have PPO coverage, said employee must pay the difference. Hughes also said there were problems with the MRS property at Lazaretto Creek. MRS needed access to the water. They need to extend the dock and install a boat hoist. Hughes said that there seems to be an issue as to who owns what, and that no one ever conveyed the property to the low water mark to the City. Parker said they need more than a 20 -foot easement. Burke said the Coast Guard is going to give up a lot of their duties to the MRS, including rescue, oil spills, and patrols. MRS is supposed to get a boat from the Coast Guard. Burke said the problem is getting to the water at low tide. He said we would have to go to DNR for permit to go into the marsh. Hughes said we probably would have to go to DNR anyway for the pilings for the hoist. Hughes said to see what it would take to use 20 feet and then go from there. Parker asked Buelterman and Crawford to contact James Moore, Commander of the MRS. Hughes said his next item was adoption of GMA Employees Benefit Program agreement. He said the cost is small at Y2 of 1 %. He said this would be the 1st reading. We have 120 days to opt in or we will be out of program permanently. Crawford motioned for approval, Buelterman seconded. Vote was unanimous. Mallory Pearce spoke to Council regarding a land trust. He said he wants to give the City some property, which would be perpetual greenspace. He said you could have nature trails, and benches, could be used for drainage. He said this would not cost the City anything and would like for Council to allow the City Manager to negotiate. Buelterman motioned that they get Hughes to look into this and make a recommendation, Barrow seconded. There was a lot of discussion following the motion. Reynolds suggesting we have a survey done and for DNR to look at the property. Crawford asked about the City's liability. Youmans agreed with Reynolds. Buelterman withdrew his motion. Hughes said that dues for the Police Officers' Annuity & Benefit Fund had increased from $10 to $20. Burke motioned for approval, Crawford seconded. Vote was 5, Burke, Youmans, Reynolds, Crawford and Barrow, in favor. Buelterman was out of the room. 1 1 1 City Manager Thomson said the breakdown on 12th Street project was $23,000 and on Solomon Avenue, $24,5000. Reynolds said these were good prices. Burke motioned for approval, Crawford seconded. Vote was unanimous. Youmans asked why the City was putting grass sod on private property. Thomson said this had been a drainage issue for a long time and the City was replacing what Mr. Haymans had before. Crawford said there had been an agreement with Haymans, but he hasn't signed it because the work was not completed. The work is not completed because he hasn't signed the agreement. It was agreed that no further work would be done until agreement is signed. Thomson said he would like approval for an additional $20,000 for prep work to the parking lots prior to the installations of the automatic system. He said we need to move some of the booths, install some electric lines and put down some cement pads. The original price of $89,000 was only for the gates. Burke motioned for approval, Barrow seconded. Vote was unanimous. Hughes advised Council that the change in parking procedures would require an ordinance amendment. Council asked Hughes to write the amendment. Thomson said he had written a letter to U S Cable regarding the payment of fees that were due to the City from 1995. He said he had also followed up on the request to video the Council meetings and show them on the information channel. Crawford said tape would be ok, and then they could show it a couple of times. Thomson said they could start in June. Thomson was asked to follow up on the past due fees. Dee Anderson, Zoning Administrator, reported on the status of the 5 dune crossovers. He said that DNR was very picky and wanted actual drawings. He said the project would be put up for bids, hopefully, by next week. He said that DNR did not accept Jim Marsh's plans. Anderson also said he had 3 bids for 3 5 ton air condition units for the old school cafeteria. He said there are 2 4-ton units now, which need a lot of repairs. Burke asked if anyone had checked to see if these units could be repaired. Anderson said the units were 7 years old and were install by DPW, so the warranty was not in effect. Burke said we needed to get some bids on repairs and see which would be more efficient. Burke motioned for the City Manager to use his judgment as to which, repairs or replacement, would be more reasonable. Buelterman seconded, and vote was 4, Burke, Crawford, Buelterman and Barrow, for approval, and 2, Reynolds and Youmans, opposed. Jason Cowan said he had one thing that was not on the agenda but he considered being an emergency of sorts. He said a light fixture at the YMCA fell and it was very fortunate that it did not hit anyone. Crawford agreed and said we need to have a certified election replace those old fixtures. Thomson said that was what he wanted to do right away. Crawford asked what the status was with the Park of 7 Flags. He said at the February meeting they were told that it would be completed by April. Here it is May and we still don't have it completed. Thomson said it was close to landscaping. The problem is getting people to show up for work, but they will call every day. Burke said he had some problems with the 6th and 7th Street drainage project. HGB&DdY said they couldn't find any problem. Thomson said we need to do something to increase the interest in the quality of design and work being done. Burke 1 1 motioned we shouldn't pay until work has been inspected and approved, Crawford seconded. Vote was unanimous. Anderson said that the Fire Department found 2 fire hydrants had been knocked over and just set back up. One was on 6th and Miller and the other was on 6th and Butler. Burke motioned to approve 2nd reading for Section 3 -1 -8 Acceptance of Credit Cards, Buelterman seconded. Vote was unanimous. Burke moved to approve 2nd reading of Section 2 -4 -6.1 Drug Testing Employees & EAP, Barrow seconded. Vote was unanimous. Parker said they should deny the use of a motor home for residential use. There being no further business, the meeting was adjourned. Clerk of Council Mayor Walter W. Parker 1 Georgia Interlocai Risk Management Agency GMA Property & Liability SeIf - Insurance Program CONTRIBUTION PAYMENT TERMS City of Tybee Island ANNUAL CONTRIBUTION $180,256 EFFECTIVE DATE 05/01/2003 RENEWAL DATE 05/01/2004 PRO -RATA FACTOR 1.000 PRO -RATED CONTRIBUTION AMOUNT $180,256 PAYMENT TERMS: OPTION 1: Cash Due on Binding $180,256 OPTION 2: 50% Down - Balance due in 30 days $90,128 OPTION 3: If you only make a partial payment, you will receive a statement once a month reflecting the oustanding balance. The entire contribution must be paid within 6 months of the effective date to avoid a.late fee. Checks should be made payable to GIRMA. Please return check and enrollment documents to: Georgia Interlocal Risk Management Agency Department #GA -00065 PO Box 530103 Atlanta, GA 30353 -0103 PROPOSED COVERAGES ARE SUBJECT TO ALL TERMS, CONDITIONS, AND INTERNAL LIMITS AS SPECIFIED IN THE GIRMA COVERAGE DOCUMENT. Authorized Signature Date Payment Terms 1 1 1 AMENDMENT TO ORDINANCE § It is hereby ordained by the governing authority of the City of Tybee Island that the Code of Ordinances be amended so as to add a new section to be designed as 3 -1 -8, and entitled Acceptance of Credit Cards. (1) The City Manager is hereby authorized to determine which charges, expenses and taxes, with the exception of ad valorem taxes shall be payable by citizens by way of credit cards; however, no credit card payment shall be accepted for local ad valorem taxes without the agreement of the Mayor and Council and further, no credit card payment shall be accepted for any state taxes or fees without formal approval by the State Depository Board. The City Manager is authorized to approve appropriate agreements with credit card issuers or other parties as needed to facilitate the acceptance of credit card payments; however, such each agreement shall be executed by the Mayor in accordance with the City's Charter. Any such agreement shall provide that it may be cancelled at anytime by the City Manager or the Mayor and Council as appropriate but such agreement may provide for reasonable brief period of notice for cancellation. (2) The City Manager shall be authorized but not required to impose a surcharge upon the person making a payment by credit card so as to wholly or partially off -set the amount of any discount or administrative fees charged to the City. When a party elects to make a payment to the City by credit card and a surcharge is 1 1 1 imposed, payment of such surcharge shall be deemed voluntary by such party and shall be in no case refundable. (3) No person making a payment by credit card to the City shall be relieved from liability for the underlying obligation except to the extent that the City realizes final payment of the underlying obligation in cash or the equivalent. If final payment is not made by the credit card issuer or other guarantor of payment in the credit card transaction, then the underlying obligation shall survive and the City shall retain all remedies for enforcement which would have applied if the credit card transaction had not occurred. No contract may modify the provisions of this subsection. This subsection, however, shall not make the underlying obligor liable for any discount or administrative fee paid to a credit card issuer or other party by the City. (4) Any City employee or officer who accepts a credit card payment in accordance with the provisions hereof and any applicable policies, rules or regulations of the City shall not thereby incur any personal liability for the final collection of such payments. g: \common \emh\ 14 \ 14536 \ordinan \03 \credit cards 2 1 1 Chapter 2 -4 PERSONNEL Section 2 -4 -6.1 Drug -Free Testing Policy (a) Statement of Purpose. It is the policy of the City that the abuse of alcohol and drugs by public employees is detrimental to the health, safety and morals of the public. The purpose of this article is to establish reasonable standards and procedures for drug and alcohol testing of City employees and applicants for employment for certain public health, safety and security positions within the City. The City also recognizes that individuals employed as municipal employees have certain rights to privacy. However, under applicable state and federal laws, the City's interest in protecting the health and safety of the public outweigh the individual employee's legitimate expectations of privacy. Accordingly, certain procedural safeguards, limitations, and due process guarantees are set forth in connection with the testing required by this Article. (b) Scope of Policy. . Drug and alcohol abuse by City employees is prohibited. This shall include the illegal manufacture, distribution, possession or use of a controlled substance, the abuse of prescription medications, and the use of alcohol during or immediately preceding work hours or on City premises. This prohibition also includes the unauthorized use of prescription drugs or the abuse of prescribed drugs. If an employee is directly observed using alcohol, or a controlled or illegal substance while on duty, the City expressly reserves the right to immediately terminate the employee without testing as provided in this Policy. The employee may appeal such actions as per Section 2 -4 -11; Appeals. (c)..Drugs..Included.in .Tests. _ . When.drug.and/or alcohol testing is required under..theprovisions o s Article, a uruialysis test, or other appropriate test, will s e given to detect the presence of the following drugs: (1) Alcohol (ethyl); (2) Amphetamines (e.g. speed); (3) Barbiturates (e.g. Amobarbital, Butabarbital, Phenobarbital, Secobarbital); (4) Cocaine; (5) Methaqualene (e.g. Quaalude); (6) Opiates (e.g. Codeine, Heroin, Morphine, Hydromorphone and Hydrocodone); (7) Phencyclidine (PCP); (8) THC (marijuana) (9) A metabolite of any such substances. (10) All drugs specified by the State of Georgia as controlled substances. (11) All drugs required to be tested under applicable federal laws. 1 1 (d) Job Applicant Testing. As a condition of employment, an applicant may be tested where they are to hold a position involving public health, safety or security, or where otherwise required by state or federal law. The City Manager, in cooperation with the Council and Mayor, will determine and provide a list of these positions. These positions can be changed or otherwise amended from time to time by the City Manager. Such changes shall be posted and available to all employees. (e) Current Employee Testing. The City may require a current employee to undergo drug and/or alcohol testing if there is reasonable suspicion to believe that the employee is under the influence of drugs and/or alcohol during working hours. "Reasonable suspicion" means an articulable belief based upon specific facts and reasonable inferences drawn from those facts. Circumstances which constitute a basis for determining "reasonable suspicion" include, but are not limited to: (1) A pattern of abnormal or erratic behavior; (2) Observed use, possession or sale of illegal or prescription drugs or alcohol, or a report of same from a reliable source; (3) Employee involvement in or contribution to a work - related accident; (4) Presence of physical symptoms of drug or alcohol abuse (i.e., glassy or bloodshot eyes, alcohol odor on breath, slurred speech, poor coordination and/or motor reflexes); (5) Violations of criminal drug law statutes involving the use of illegal drugs, alcohol, or prescription drugs and/or violations of other drug /alcohol statutes; (6) As part of a follow -up program for treatment of drug or alcohol abuse; (7) When a substance abuse test is conducted as a part of a regularly scheduled employee fitness for duty medical examination that is scheduled routinely for members of an employment classification or group. A supervisor is require • to • et • , m wasting, on t e • eszgnate suspicion existed to warrant the testing of an employee. This documentation shall be forwarded to the appropriate department head or designee as the City Manager finds appropriate. These forms shall be considered confidential. personne • • • Ili II o, e specs reasonable (fl Random Testing of Employees. Employees may be randomly tested without reasonable suspicion when they are in a position involving public health, safety or security. Federal law under the Department of Transportation and the State of Georgia Department of Transportation regulations require random and post- accident testing of all employees who possess a commercial drivers license which they utilize in the course of their job - related duties. The City Manager will determine and provide a list of those employees who are subject to random drug /alcohol testing. (g) Employee Reporting Requirements. If an employee is arrested or convicted (including pleas of nolo contendre) of violating any criminal drug statue of any jurisdiction, regardless if the -2- 1 1 alleged violation occurred at the workplace or elsewhere, the employee must notify the City Manager, in writing, within five (5) calender days of each arrest or conviction. (h) Prior Notice of Testing Policy. The City shall provide written notice of its Drug -Free Testing Policy to all employees. This shall be accomplished by providing each existing employee with a copy of the Drug -Free Testing Policy and obtaining each employee's signature attesting that they have received a copy of the Drug -Free Testing Policy. Job applicants may be informed verbally or in writing of the existence of the City's Drug-Free Testing Policy. Furthermore, any job posting which requires a drug /alcohol screening shall state such in the job posting. (i) Consent. Before a drug and /or alcohol test is administered, employees and job applicants will be required to sign a consent form authorizing the test and permitting the release of test results to the appropriate individual(s) within the City. The consent form shall provide space for employees and applicants to acknowledge that they have been notified of the City's Drug -Free Testing Policy and to indicate current or recent use of prescription or over - the - counter medication. The consent form shall also set forth the following information: (1) The need for drug and /or alcohol testing; (2) The circumstances under which testing may be required; (3) The procedure for confirming an initial positive test result; (4) The consequences of refusing to undergo a drug and /or alcohol test; (5) The right to explain a positive test result and the appeal procedures available; and - (6) The availability of drug and alcohol abuse counseling and referral services. (j) Refusal to Consent: Applicants. A job applicant who is subject to a pre - employment drug /alcohol screening, and who refuses to consent, will be denied employment with the City. (k) Refusal to Consent: Employees. An employee who refuses to consent to a drug and/or --alcchatesthig-AUtueasotiable-suspicioahas-beend random testing, is subject to disciplinary action, up to and including termination. e -eI (1) Confirmation of Test Results. (1) An employee or applicant whose test yields a positive result shall be given a second confirming test using a gas chromatography /mass spectrometry (G.C./M.S.) test. The second test will be performed on the same sample as the first test - the employee /applicant will not be permitted to submit a second sample. (2) If the second test confirms the positive test result, the employee or applicant shall be notified of the results, in writing, by the appropriate department head or designee. The letter of notification shall identify the particular substance found and its concentration level. A copy of the test results shall be included with the notification letter. -3- (3) An employee or applicant whose second test confirms the original positive test result may, at the employee's or applicant's own expense, have a third test conducted on the same sample at a laboratory selected by the City. The employee /applicant must respond to the notifying department head or designee, in writing, within five (5) calendar days from receipt of notification of a positive test result, explaining and /or contesting the result, and /or requesting a third test conducted on the or iginal sample. (m) Consequences of a Confirmed Positive Result. (1) Applicants: Job applicants will be denied employment with the City if their initial positive results have been confirmed. Applicants will be notified in writing if they are rejected on the basis of a confirmed positive result. (2) Employees: If an employee's positive test result has been confirmed, the employee is subject to disciplinary action up to and including termination in accordance with Section 2 -4 -10; Disciplinary Action. (n) Mandatory Termination. Termination will be mandatory in the following cases: (a) Selling drugs on or off the job; (b) A positive drug or alcohol test while either on probation or while participating in a drug or alcohol treatment program; (c) A nolo plea, guilty plea or conviction of a second DUI offense; (d) A DUI offense (nolo plea, guilty plea or conviction) while operating a City vehicle; (e) A felony violation (nolo, guilty plea or conviction) of any controlled substance law. 1 ..' �` ...:.. e ,pl'ayeeda.te Pd, a e: PIP1j -W44.p si ye tes1. Eo< x b4 een confirmed, the employee is entitled to an informal disciplinary hearing as per Section 2- 4- 10(c), before any disciplinary action maybe taken by the City. Should any of the listed disciplinary actions be taken, the employee may appeal such actions as per Section 2-4-11; Appeals. (p) Confidentiality of Test Results. All information from an employee's or applicant's drug and/or alcohol test is confidential under all applicable state and federal laws, and only those with a need to know are informed of the test results. Disclosure of test results to any person, agency, or organization, unless otherwise required by law, are prohibited unless written authorization is obtained from the employee or applicant. The records of the results of a positive drug test shall not be released until the results are confirmed. The records of a confirmed positive test result and negative test results shall, unless otherwise required by applicable law, be destroyed by the testing laboratory. -4- 1 (q) Laboratory Testing Requirements. All drug and alcohol testing of employees and applicants shall be conducted at medical facilities or laboratories selected by the City. To be considered as a testing site, the medical facility or laboratory must submit, in writing, a statement that their testing methods and facilities comply with all applicable federal and state laws, and provide a description of the procedures that will be used to conduct the test and to maintain the test samples. Factors to be considered by the City in selecting a test site include: (1) Testing procedures which insure privacy to employees and applicants; (2) Testing procedures consistent with the prevention of tampering with the samples; (3) Methods of analysis which ensure reliable test results, including the use of gas chromatography /mass spectrometry to confirm positive test results; (4) Chain of custody procedures which ensure proper identification, labeling and handling of test samples; and (5) Retention and storage procedures which ensure reliable results on confirmation of tests on original samples. (r) Employee Assistance Program. The City offers an Employee Assistance Program (EAP) benefit for employees and their dependants who have personal problems. These may include, but are not limited to, alcoholism and drug abuse. Voluntary participation prior to an employee being requested to submit to a test is strongly encouraged. In these situations, no disciplinary action shall be implemented because an employee volunteers to participate in such a program. Confidentiality is assured. No information regarding the nature of the problem will be made available without the participant's written permission, nor will it be included in the employee's personnel file. However, participation in the EAP program will not protect an employee from disciplinary action or even termination a er e or s e as . een reques e ' or require • o su. mz • a 4 4n t ,49,4 g f -12 r o rc.• • - e : olunctzon wiih disciplines but it not substitute for discipline. All employees who are referred to the EAP as a mandatory participant and who refuse to cooperate in counseling and rehabilitation for drug or alcohol use, or who are found to have used drugs or alcohol during the course of their treatment and rehabilitation, shall be subject to immediate termination. All participants in the EAP drug or alcohol programs are subject to random testing during the course of their treatment and rehabilitation. Please see the City Manager for further information regarding the City's EAP program and provider. 1 1 Notes and recommendations: 1. Most labs provide a consent form for testing. Depending on the facility selected by the City, a consent form may have to be drawn up for the City. It would be advisable to pick the testing facilities ASAP so that they could go through the approval process, we could review the consent forms, and also have them readily available upon request from personnel or the City Manager. If the consent forms are not consistent with what we want, another form can be drawn up for the City. The lab will still require the individual to sign their form as well. I think that a liability release for the City needs to be included if the labs form does not provide for a release for the lab and the employer. 2. If there is agreement to eliminate the supervisor guidelines from the policy, a standard form for supervisors to fill out regarding reasonable suspicion needs to be drawn up and explained to those City employees with the authority to recommend testing. 3. The City Manager needs to review the job classifications and suggest which employee's /classifications he would like to see utilized for purposes of pre - employment testing and random. testing. Once this information is finalized, it can be included in either the testing policy itself or as part of the employee handbook. It would be best to include these positions as a part of the testing policy itself. It could also, as an alternative, be included in just the individual job descriptions or the class job description (e.g. fire and police). 4. The mandatory circumstances for dismissal which I have included in the drug testing policy can included in the Disciplinary Policy by reference. 5. Under state and federal guidelines, possession and distribution also needs to be part of the drug policy - I have added these. These are obviously also disciplinary, but the Disciplinary Policy can re erence the drug po cy. 6. New HIPPA regulations reinforce existing laws (and add stiff penalties) that require employers to keep all medical information in a separate file - not in the personnel file regualrly kept for each employee. 7. I have included a form for the employee to sign indicating that he /she has received a copy of the new drug policy. Mayor Walter W. Parker 1 an COUNCIL Walter Crawford, Mayor Pro Tem Richard Barrow Jason Buelterman James "Jimmy" Burke Whitley Reynolds Jack Youmans CITY OF TYBEE ISLAND City Manager Bob Thomson Clerk of C.ouneil Jacquelyn R. Brown City Attorney Edward M. Hughes , have received and had the opportunity to review and to ask any questions about the City of Tybee Island's Drug-Free Testing Program. I understand the City's commitment to a drug-free workplace, and understand that I may be subject to testing. I further understand that a positive result will result in disciplinary measures, including the possibility of immediate termination. Print Employee Name: Employee Signature: (This signed and dated form will be placed in the employee's personnel file) * * * **Certified** P.O. Box 2749 - 403 Butter Avenue, Tybee Island, Georgia 31328-2749 City af (912) 786-4573 - FAX (912) 786-5737 Ethics www.cityoftybee.org 1 1 REQUEST FOR EMPLOYEE TESTING This request is being made pursuant to the City of Tvbee Island Drug -Free Workplace Policy. (CONFIDENTIAL RECORD - PLACE IN EMPLOYEE'S MEDICAL FIE) TO: Date: Name of Employee: Department and Supervisor: Position: Date(s) of incident (s): Specific reason for testing including all available facts supporting this request (See Paragraph "e" of Chapter 2 -4 Drug -Free Workplace Policy): Suspected substances: 1 Witnesses: Name of person requesting testing: Position and Department: Date: Testing approved by : Date: