HomeMy Public PortalAboutResolution 23-92 Establishing a drug-free workplace policy i 1
RESOLUTION NO. 23-92
DRUG-FREE WORKPLACE POLICY
A RESOLUTION OF THE CITY OF McCALL, IDAHO, RELATING TO
PERSONNEL; ESTABLISHING A DRUG-FREE WORKPLACE POLICY.
WHEREAS
1. The City of McCall has employees who perform valuable
services to improve the public health and safety as well a
providing cultural and recreational opportunities for the
citizens of McCall.
2 . It has been clearly established that the use of
illegal drugs and the abuse of other drugs is detrimental to
the health of the user and dangerous to those around him or
her . Further, the use of illegal drugs undermines the
quality of work performed by the user and degrades the
credibility of the City staff.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of
the City of McCall that:
Section 1 . Effective immediately, any location at which
City business is conducted is declared to be a Drug-free
Workplace. This means :
a. All employees are absolutely prohibited from
manufacturing, distributing, dispensing, possessing, or using
controlled substances in the workplace . Controlled
substances include but are not limited to the following:
- Narcotics (heroin, morphine, etc. )
- Cannabis (marijuana, hashish)
- Stimulants (cocaine, diet pills, etc. )
- Depressants (tranquilizers)
- Hallucinogens (PCP, LSD, "designer drugs" etc. )
Except pursuant to a physician ' s instructions with
respect to prescription medications , and except when
possessed by police officers in the course and scope of their
duties and not for consumption.
b. Any employee violating the above policy is
subject to discipline, up to and including termination, for
the first or any subsequent offenses .
RESOLUTION 23-92, May 14, 1992 Page 1
c. Employees have the right to know the dangers
of drug abuse in the workplace, the City's policy about them,
and what help is available to combat drug problems . This
document sets out the City's policy. The City will institute
an education program for all employees on the dangers of drug
abuse in the workplace. To assist employees in overcoming
drug abuse problems , the city may offer the following
rehabilitative help;
- Medical benefits for substance-abuse treatment
- Information about community resources for assessment
and treatment
- Counseling.:program
- Employee Assistance Program
d. In addition, the City will provide training to
supervisors..to assist in identifying and addressing illegal
drug use by employees.
e. Any employee convicted of violating a criminal
drug statute must inform the City, in writing, of such
conviction (including pleas of guilty or withheld judgements)
within five days of the same occurring. Failure to so inform
the City, in writing, subjects the employee to disciplinary
action, up to and including termination for the first and any
subsequent offenses . By law, the City will notify any
granting agency within 10 days of receiving such notice from
and employee or otherwise receiving notice of such a
conviction.
f. The City reserves the right to offer employees
convicted of violating a criminal drug statute in the
workplace the option of participation in an approved
rehabilitation or drug abuse assistance program as an
alternative to discipline. If such a program is offered, and
accepted by the . employee , then the employee must
satisfactorily complete the program as a condition of
continued employment.
Section 2 . All employees will be asked to acknowledge
that they have read the above policy and agree to abide by it
in all respects . By law, their continued employment with
this organization is conditioned on their abiding by the
terms of this policy. Written consent is not required.
RESOLUTION 23-92, May 14, 1992 Page 2
Section 3. DEFINITIONS. As used in this resolution:
a . Controlled substance means a controlled
substance in schedules I through V of section 202 of the
Controlled Substances Act (21 U. S . C. 812 ) and as further
defined in regulation at 21 CFR 1308 . 11 - 1308 . 15 and/or as
defined in the Uniform Controlled Substances Act, Idaho Code
37-2701, et seq.
b. Conviction means a finding of guilt (including
a plea of nolo contendere) or imposition of sentence, or
both, by any judicial body charged with the responsibility to
determine violations ,of Federal or . Statecriminal drug
statutes:
c. Criminal drug statute means a Federal or State
criminal: statute involving the manufacture, distribution, '
dispensing, possession or use of any controlled substance,.
d . Workplace means the site ( s ) for the
performance of work done by City employees, including but not
limited to City-owned buildings , property, facilities ,
vehicles and any other site where City employees perform work
as a part of their employment, wherein City employees are
prohibited from the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance.
e. Employee means a person engaged to perform
work for the City, including, full-time, part-time ,
temporary, and seasonal works . As used in this policy, the
term also includes elected and appointed officials, voluntary
commission and advisory committee members and person
fulfilling community service obligations with the City.
Passed and approved this 14th day of May 1992 .
ov
ATTEST: Mayor
/1/
City C1-rk
RESOLUTION 23-92, May 14, 1992 Page 3