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HomeMy Public PortalAboutResolution 24-95 Amending Personnel PolicyRESOLUTION NO. 24-95 A RESOLUTION OF THE CITY COUNCIL OF MCCALL, IDAHO, RELATING TO ADMINISTRATION, AMENDING THE PERSONNEL POLICY MANUAL WHEREAS: The Mayor and Council of McCall, Idaho have adopted that certain document called the Personnel Policy Manual and enacted said manual through the adoption of Resolution No. 7-94 dated May 27, 1994. That the Mayor and Council desire to incorporate a drug testing policy in the Personnel Policy Manual. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of McCall, Idaho that the Personnel Policy Manual be amended in accordance with section 5, Resolution No. 7-94, as follows: Section 1: Remove Policy 001, dated March 7, 1995, entitled "Table of Contents" and substitute the attached Policy 001, dated December 7, 1995, similarly titled. Section 2: Remove Policy 204, dated May 27, 1994, entitled "Employee Selection Procedures" and substitute the attached Policy 204, dated December 7, 1995, similarly titled. Section 3: Remove Policy 204A, dated May 27, 1994, entitled "Employee Selection Checklist" and substitute the attached Policy 204A, dated December 7, 1995, similarly titled. Section 4: Insert the attached new Policy 316, dated December 7, 1995, entitled "Drug/Alcohol Testing Policy." Section 5: Remove Policy 701, dated May 27, 1994, entitled "Employee Discipline" and substitute the attached Policy 701, dated December 7, 1995, similarly titled. Section 6: Remove Policy 705, dated May 27, 1994, entitled "Discharge" and substitute the attached Policy 705, dated December 7, 1995, similarly titled. • BE IT FURTHER RESOLVED THAT, all supervisors, department heads and other managers possessing copies of the Personnel Policy Manual be, and the same are hereby directed to add and substitute the policies described above and to file a copy of this resolution in front of the manual for reference purposes. Passed and approved this 7th day of December 1995. ATTEST: Mayor 001 City of McCall Personnel Policy Manual Table of Contents Chapter 1- General Policy Statements Policy Title Effective Date Policy Number Personnel Policy Statement of the Mayor and City Council May 27, 1994 101 Functions and Purposes of this Manual May 27, 1994 102 Staff Responsibilities May 27, 1994 103 Code of Employer -Employee Relations May 27, 1994 104 Employment at Will May 27, 1994 105 Productive Work Environment May 27, 1994 106 Drug -Free Workplace Policy May 27, 1994 105 Chapter 2 - Employee Selection and Orientation Policy Title Effective Date Policy Number Minimum Qualifications May 27, 1994 201 Equal Employment Opportunity May 27, 1994 202 Recruitment Policy May 27, 1994 203 Employee Selection Procedures December 7, 1995 204 Employee Selection Checklist December 7, 1995 204A Veterans Reemployment Policy May 27, 1994 205 Validation of Selection Procedures May 27, 1994 206 Employee Orientation May 27, 1994 207 i Chapter 3 - Employee Records, Behavior and Grievances Policy Title Effective Date Policy Number Employer -Employee Relations May 27, 1994 301 Employee Privacy May 27, 1994 302 Personnel Records May 27, 1994 303 Adverse or Derogatory Information May 27, 1994 304 Access to Official Personnel Files May 27, 1994 305 Safety May 27, 1994 306 Political Activity May 27, 1994 307 Outside Employment May 27, 1994 308 Employee Attendance May 27, 1994 309 Employee Grievances May 27, 1994 310 Temporary and Part -Time Employees May 27, 1994 311 Probationary Period May 27, 1994 312 Termination of Employment May 27, 1994 313 Layoff and Recall May 27, 1994 314 Performance Appraisals February 9,1995 315 Drug/Alcohol Testing Policy December 7, 1995 316 December 7, 1995 001 Chanter 4 - Employee Compensation Policy Title Effective Date Policy Numer Salary Administration May 27, 1994 401 Hours of Work May 27, 1994 402 Time Records May 27, 1994 403 Compensation Plan May 27, 1994 404 Pay Changes May 27, 1994 405 Exempt Employees May 27, 1994 406 Pay Practices May 27, 1994 407 Job Descriptions May 27, 1994 408 Sample Job Description Form May 27, 1994 409 Chapter 5 - Emnlovee Benefits Policy Title Effective Date Policy Number Eligibilility for Benefits February 9, 1995 501 Public Employee Retirement System May 27, 1994 502 Social Security and Medicare May 27, 1994 503 Health and Dental Insurance February 9, 1995 504 Vacation and Sick Leave May 1, 1989 505 Holidays May 27, 1994 506 Family and Medical Leave May 27, 1994 507 Educational Leave May 27, 1994 508 Uncompensated Absences May 27, 1994 509 Worker's Compensation March 7, 1994 510 Deferred Compensation May 27, 1994 511 The City of McCall Premium Payment Plan May 27, 1994 512 Employee Assistance Program May 27, 1994 513 Continuation of Health Benefits May 27, 1994 514 Other Benefits May 27, 1994 515 Chanter 6 - Emnlovee Development Policy Title Effective Date Policy Number Employee Development - May 27, 1994 601 Training May 27, 1994 602 Promotions May 27, 1994 603 Chanter 7 - Emnlovee Discipline Policy Title Effective Date Policy Number Employee Discipline December 7, 1995 701 Reprimands May 27, 1994 702 Disciplinary Probation May 27, 1994 703 Suspensions May 27, 1994 704 Discharge December 7, 1995 705 November 21, 1995 001 Chanter 8 - Reimbursement of Emnlovee Expenses Policy Title Effective Date Policy Number Reimbursement of Employee Expenses May 27, 1994 801 Reimbursement of Travel Expenses May 27, 1994 802 Reimbursement of Lodging Expenses May 27, 1994 803 Reimbursement for Meals May 27, 1994 804 December 7, 1995 204 Employee Selection Procedures Policy. The City's employee selection procedures and standards are designed to seek out the best possible employee for each available position. The City and its managers will give proper consideration to such factors as education, experience, skills, advancement potential and character. All aspects of the selection process will be administered without regard to race, color, national origin, religion, gender, age, or disability. Applicants may not be asked questions in applications or interviews that do not relate directly to the work to be performed.. (1) Definitions: As used in this policy these terms have the meaning stated: (a) Unqualified applicant - An applicant who does not meet the City's minimum qualifications or the qualifications of the position as stated in the job description. (b) Qualified applicant - An applicant who does meet the minimum qualifications of the position and the City. (c) Highly qualified applicant - A qualified applicant who has been selected for interview and further consideration. (d) Best qualified applicant - The one single applicant considered the best qualified for the position. (2) Once written applications have been received, they first should be screened by the selecting supervisor to identify unqualified applicants. Selecting supervisors must be able to defend a summary rejection of an applicant as unqualified. (3) When all qualified applicants have been identified, the selection supervisor must then determine how to make the final selection. The exact process will probably be determined by the number of applicants. If ten or fewer small number of applicants are received, it is probably best to interview and otherwise further evaluate all of them. If there are more than ten, at least five should be interviewed and otherwise further evaluated. (4) If a relatively large number of applications is received, the applications should again be screened and a number of highly qualified applicants identified. The number of highly qualified applicants will depend on the total number of applications received and their relative qualifications. The rating procedure must be objective and relate solely to the specific requirements of the position. (5) The selecting supervisor will then interview the highly qualified applicants. Interview questions concerning age, sex, race, marital status, number of children and so forth are contrary to state and federal laws and regulations and may not be asked. It is also contrary to federal law to ask about physical disabilities until after a tentative offer of employment is made. Selecting supervisors should prepare a list of questions to be asked ahead of time so that all applicants are asked the same questions. The Personnel Officer shall review and approve the list to ensure that they are job related. (6) It may be necessary to develop another "short list' of applicants after the first interview and conduct a second interview. When the interviews are completed, the supervisor must determine which candidate is best qualified. The best qualified applicant is the applicant whose qualifications meet and exceed the job factors to the greatest degree. (7) When a preliminary employment decision has been made, but before an offer of employment is extended, the selection manager must verify certain items on the application. (a) Make reference checks by telephone or in writing. Check with previous employers and as far as possible, determine the accuracy and completeness of all December 7, 1995 204 information concerning dates of employment, position and duties, compensation and performance. All contacts shall be documented in writing in memorandum form clearly identifying the person contacted, telephone number and address. Unsuccessful attempts to contact references should similarly be documented. (b) Check the accuracy of all college or other post secondary degrees if this information was considered in making the preliminary employment decision. (c) Personal references may be checked, but should not be the sole source of information on the more positive aspects of an applicants record. (8) If any damaging or derogatory information is discovered during the reference checks, or information or statements from the application or interview are shown to be false or inaccurate, the selection manager should discuss the conflicting information with the applicant. If a satisfactory answer is received and checks out, the decision to hire may be made. If not, the applicant should be dropped from consideration. (9) At this point, the manager should make a tentative job offer, conditioned on the following. (a) When the position involves access to cash or access to confidential information, the "best qualified" candidate will be asked to complete a release form (available from the Police Department) authorizing the Police Department to conduct a criminal and/or traffic records check. The job description for such a position, as well as any job announcement, must clearly state that a favorable police records check is a job requirement and a condition of employment. If the candidate declines to complete the release form, he or she will be dropped from consideration and the supervisor should select another candidate. If the records check is unfavorable, the selection manager should treat this as derogatory information and proceed as described in subparagraph (8) above. (b) When the position requires certain physical capabilities, the applicant may be required to take a preemployment physical, at City expense, by a qualified physician. Similarly, the applicant may be administered a physical test by the City. The physical requirements and the need for a physical exam and or a physical test will be clearly stated in the job description and the job announcement. The Americans with Disabilities Act prohibits evaluation of physical capabilities until a tentative offer of employment has been made. The decision to drop an applicant from consideration should be made only after discussing the applicants physical limitations with the examining physician. (c) Favorable results of a drug test administered in accordance with the Citv's Drug/Alcohol Testing Policy (Policy 316). (10) When the selection process is complete and an applicant has accepted an offer of employment and determined to be qualified, the remaining candidates must be notified promptly that they were not selected. The notification should take into account the fact that it is often disappointing for an applicant to not be selected for the job. The notification should thank the applicant for his or her interest and state something positive about his or her credentials. If the selection process is lengthy, applicants should be notified of the status of their applications and when they may expect a final decision. (11) The selecting supervisor will, upon completion of the selection process assemble a file which contains all pertinent documents pertaining to the selection including: copies of all job announcements, all applications and supplements, all correspondence from and to applicants, copies of any tests and results, any statistical information concerning compliance with the Affirmative Action Plan that may be required by the Personnel Officer, and the results of any physical examinations or tests administered to December 7, 1995 204 the best qualified candidate. This file will be forwarded for the Personnel Officer for a compliance review and retention. (12) Tests require extra caution since it is easy to interject biases, discriminatory or non job related elements into written tests. Generally, it is safer to use professionally prepared standardized. tests for screening purposes. December 7, 1995 204A Employee Selection Checklist Step Who is Responsible Action 4 1 Supervisor Review position and vacancy to determine if the position is still required. 2 Supervisor Review Job Description 3 Supervisor Revise Job Description if required 4 Supervisor Submit revised Job Description for approval 5 City Manager Approve Job Description 6 Supervisor Submit personnel requisition and job description to Personnel Officer 7 Personnel Officer Develop application supplement in conjunction with supervisor. Determine scope of recruiting effort. Prepare Job Announcement and establish closing date. Prepare application packets. 8 Supervisor While awaiting the closing date, develop interview questions and other evaluation procedures such as testing. Submit to Personnel Officer for approval. 9 Personnel Officer Approve interview questions and additional evaluation procedures 10 Supervisor After closing date, collect applications. Screen for basic qualifications. Separate unqualified and qualified applicants. 11 Supervisor Determine approximate number of candidates to be interviewed and further evaluated. Screen and rate applications of all qualified applicants. Determined which are "Highly Qualified." 12 Supervisor Schedule and conduct interview and other evaluation measures. 13 Supervisor If still unable to determine the `Best Qualified" candidate, conduct additional interviews with leading candidates. Determine the `Best Qualified" candidate. 14 Supervisor Make an offer of employment to the `Best Qualified" candidate, if necessary, conditioned on the demonstration of physical qualifications, favorable drug test and favorable records check. 15 Supervisor If offer is accepted, conduct records check and physical examinations and tests as required. Check references and verify other application information such as educational credits. 16 Supervisor If offer is refused or a physical or records check disqualifies the candidate, repeat steps 14 and 15 with the next besst qualified. 17 Supervisor When the `Best Qualified" candidate has accepted and qualified, schedule the candidate to report for work. 18 Supervisor Notify unsuccessful candidates of their nonselection 19 Supervisor Assemble the recruitment file and forward it to the Personnel Officer. December 7, 1995 20 Personnel Officer Review the file for compliance with City Policy, Federal Equal Employment Opportunity Guidelines, Americans with Disabilities Act and other statutes and regulations. Extract statistical information required by validation procedures. (See Policy 206). Retain for one year. 21 Supervisor Perform employee orientation. (See Policy 207) December 7, 1995 316 CITY OF McCALL DRUG / ALCOHOL TESTING POLICY POLICY STATEMENT In recognition of the harmful effects that the use of illegal drugs and the misuse of alcohol can have on employees in the workplace, and the risks such use can pose to the public encountering employees on the highway or otherwise, and considering the responsibilities of the City for the enforcement of the law, the City of McCall has responsibility to its employees, and the public at large, to see that its employees are both drug and alcohol free while on duty, and obey the law at all times. This responsibility comes in light of recent studies showing that employees who are under the influence of drugs or alcohol while on duty are more likely to cause accidents and injuries, both to themselves and co-workers, as well as to the public at large, the need for City law enforcement personnel to be free from suspicion of themselves breaking the law, and the need to avoid the appearance of discriminating between employees. This policy therefore is more extensive in coverage than that required by 49 CFR Part 382. Therefore, the City of McCall is implementing this drug and alcohol free workplace policy that includes within its provisions, but is not limited to, those regulations contained within the Department of Transportation (DOT) Controlled Substances and Alcohol Use and Testing, as contained in 49 CFR Part 382. Implementation Schedule This policy will become effective January 1, 1996, and will apply to all prospective and current employees of this City (hereafter referred to as employees). Questions Regarding This Policy The City designates the Personnel Officer as the person responsible for answering employees questions relating to the provisions of this policy. Employee's Use Of Alcohol The City is committed to ensuring that all employees are not at work while under the influence of alcohol. Therefore, employees of this City are not to consume alcohol within four (4) hours of reporting to regularly scheduled work. Employees are not to consume alcohol while on scheduled stand-by to report to work. Employees are not to report to work or remain at work while having an alcohol concentration of .04 or greater. Employees are prohibited from using or possessing alcohol while they are on duty, and prohibited from using or possessing alcohol while they are on a meal break between scheduled hours of work. "Scheduled work" in this sense means that the employee knew at the time that the employee would report to work within 4 hours. "Scheduled stand-by" means a status or period of time during which the employee's freedom of action was constrained because the employee had a duty to be available for work promptly upon December 7, 1995 Page 1 316 notice which could be received at any time; for example, a police officer who knows that he or she is next on the list for call -out in the event the on -duty officers' ability to respond to calls is exceeded, is on "scheduled standby." Nothing in this policy is meant, however, to prohibit an employee from consuming moderate amounts of alcoholic beverages when available in ordinary course during receptions, dinners, or like social occasions to participants in conventions, or educational and training programs, or during the evening after the conclusion for the day of such a program, or otherwise in the evening after business or other job -related meetings. Employees' Use Of Illegal Drugs This City's personnel rules contain an absolute prohibition against an employee's use of illegal drugs, or the illegal use or misuse of prescription medication. This prohibition extends to use whether on or off the job. No employee shall report for or remain on duty when such employee uses a controlled substance or subtonics, unless prescribed for such employee by a physician who has advised such employee that the medicine does not adversely affect performance of safety -sensitive functions. SELF -REFERRAL All employees of the City who consider themselves drug or alcohol dependent and who voluntarily identify themselves as such will be encouraged to get an evaluation by a substance abuse counselor and to seek treatment, if that is the counselor's recommendation. The City will provide informational assistance in locating professional substance abuse counseling to any employee who requests it. Such self report will not be used by this City as the basis for a criminal prosecution. Employees who undergo drug or alcohol rehabilitation will be expected to do so at their own expense (other than those expenses covered by the City insurance program), on their own time, or during a non -paid leave of absence, approved by the City. Arrangements may be made to allow an employee to use accrued vacation or sick leave during any such leave of absence. Employees who demonstrate successful progress, or completion of a recommended course of treatment, may return to work after taking and passing a drug and/or alcohol test. Any such employee returning to work after treatment will be expected to comply with all aspects of this drug/alcohol testing policy. Such a returning employee will be subject to further testing at random times in addition to any testing which may result from application of the random testing program applicable to all employees. A request for rehabilitation may not be made in order to avoid the consequence of a positive drug result or to avoid taking a drug test when requested to do so under the terms of this policy. DRUG AND ALCOHOL TESTING OF PROSPECTIVE AND CURRENT EMPLOYEES Pre -Employment Testing December 7, 1995 Page 2 316 All prospective employees, no later than when selected for hiring, will take, and must pass, a drug test as part of the application process. Furthermore, all prospective drivers (those employees required to carry a commercial driver's license in order to perform the functions of their job) must disclose to the City all previous employers for whom they have worked as a driver within the past two (2) years. The City will then request from those employers all information regarding any incidents where the prospective employee has tested positive for illegal drugs or alcohol, or refused to test. In the event that the City receives information from a past employer that the prospective employee driver failed or refused a test, that prospective employee driver will not be offered employment, or their conditional employment will be terminated with the City. Drivers will be required to sign a consent form authorizing the City to conduct a check with each employer the driver has been employed with during the past two (2) years to determine if the driver has tested positive for illegal drugs or alcohol, or has refused testing. Reasonable Cause The City will require an employee to be tested for the use of alcohol, illegal drugs, or the abuse of prescription medication if an employee's physical appearance, pattern of behavior, speech, or bodily odors gives City officials a reasonable and articulable suspicion that the employee is impaired because of substance abuse. The basis of suspicion indicating drug or alcohol abuse may be a specific, contemporaneous event, or conduct evidencing impairment observed over a period of time. The observations may include indications of the chronic and withdrawal effects of controlled substances. For purposes of understanding, the City notes that "impair" and "impairment" for these purposes includes not only motor skill effects (such as, but not limited to, those produced by consuming alcohol to excess), but also state of mind alteration. "State of mind alteration" in turn includes, but is not be limited to, soporific effects or excessive feelings of well-being or alertness, such as those produced by marijuana or methamphetamines. The City will make arrangements to insure that all employees who are requested to take a reasonable suspicion test will be transported to a medical or collection clinic to take the test. Baseline Testing In initiating the provisions of this drug free workplace policy, the City will require all drivers and law enforcement employees to submit to testing for the presence of illegal drugs as soon after the effective date of the policy as is deemed necessary. Additionally, personnel returning from rehabilitation will be subject to periodic testing. Random Testing All employees will be subject random drug and alcohol testing. Random testing selections shall be made by scientifically valid method that will result in each employee having an equal chance of being tested each time selections are made. Random testing for alcohol will take place just prior to, during, or just after an employee's duty time. December 7, 1995 Page 3 316 Post -Accident Any employee who is involved in a work related accident (as defined below) will be tested for the use of illegal drugs and alcohol as soon as possible after the accident, but no later than two (2) hours in the case of alcohol, and no later than 32 hours in the case of illegal drugs. The term `work related accident" includes any and all accidents occurring while the employee is in a City vehicle or otherwise on duty including, but not limited to, accidents which result in one of the following: 1. The death of a person; 2. Issuance of a traffic citation to the employee under State or local law for a moving traffic violation; 3. bodily injury to another person who requires medical treatment away from the location of the accident; 4, injury to the employee that may result in the employee filing a worker's compensation claim and whose lost time will likely exceed one working day; or 5. damage to property owned by the City, or a third parry, that may reasonably be estimated to exceed $750. An employee who is seriously injured and cannot provide a specimen for testing will be required to authorize the release of relevant hospital reports, or other documentation, that would indicate whether there were drugs or alcohol in the employee's system at the time of the accident. If it is determined by the police and the employee's supervisor that an employee's accident was definitely caused by the actions of another, and that there were no unsafe acts by the injured employee, the City reserves the right to waive post accident testing of the injured employee. Because the City wishes to be free to conduct testing in the interests of public safety in the long run, under no circumstances is the City's conduct of testing to be taken as an admission of liability for an accident. Employees who are involved in a work related accident are to inform their supervisor of the accident as soon as possible in order that any needed drug or alcohol test may be promptly conducted, and if medical treatment is underway; during such treatment. Any employee required to be tested under this section must remain readily available for such testing, and such an employee shall not consume alcohol within eight (8) hours after the accident. SPECIMEN COLLECTION PROCEDURES AND TEST RESULT NOTIFICATION Adulteration Or Submission Of A Concealed Specimen If, during the collection procedure, the collection monitor detects an effort by an employee to adulterate or substitute a specimen, a second specimen will be requested. If a second December 7, 1995 Page 4 316 specimen is provided, that specimen will be tested. If the request for a second specimen is refused, the collection monitor will inform the City contact of the employee's conduct. Such conduct by the employee will be considered as a refusal to provide a true specimen for testing. In the event that a prospective or current employee submits a specimen that the laboratory later identifies as a diluted specimen, the City will advise the employee of that result and request that that employee submit a second specimen. At that time, the employee will be notified that he/she is suspended, without pay, until he/she submits a negative test result, at his/her expense, that is not diluted. The employee to be tested will be advised by the City not to drink any fluids prior to the test. Drug / Alcohol Specimen Collection Procedures All testing for illegal drugs will be done by the testing of a employee's urine specimen. All such testing for CDL licensed drivers will utilize the split specimen collection procedure. Under that procedure, each driver will have his/her urine specimen sealed in two separate containers and both sent to a Substance Abuse Mental Health Services Administration (SAMHSA) certified laboratory for testing. If a driver's first specimen test positive, that driver may request, within three (3) days of the positive notification, that the other specimen be tested at another SAMHSA laboratory. This second test will be done at the driver's expense unless the second test comes back negative. During the time the second specimen is being tested, that driver will be suspended without pay. Any driver who has the second test come back negative will be given back pay for the time of the suspension. All specimen collections will be conducted by personnel that have been instructed and trained in collection procedures set by the DOT. Any specimen that screens positive for the presence of illegal drugs will be confirmed by the Gas Chromatography/Mass Spectrometry (GC/MS) confirmation method. Any non- CDL licensed employee who tests positive for illegal drugs or prescription medication may request the same specimen be retested at their expense. This request must be conveyed to the City within 48 hours of the employee being notified of the positive test results. All testing for alcohol will be done by the use of a DOT approved breath testing device, operated by a trained and qualified breath alcohol technician (BAT). Blood testing for alcohol will only be allowed when a breath testing device is not readily available. It is believed by the City that the Alco-Sensor III machine employed by the Police Department for the detection of drivers under the influence, and Police Officers and Police Clerks certified by the State to administer such tests meet that standard. Employees shall not refuse the use of such machine by such persons. Notification Of Test Results This City has arranged that all test results, both drug and alcohol, will be forwarded to the City through Minert & Associates, Inc., as the representative of the City, and the Medical Review Officer (MR0); tests conducted by the Police Department for this purpose shall be forwarded to Minert & Associates, Inc. for such further report to the City. Prior to the City December 7, 1995 Page 5 316 being informed that a prospective or current employee has tested positive for illegal drugs, the employee will be offered an opportunity to personally discuss the positive drug test with the MRO or his representative. The MRO will follow up on such information as is appropriate. Any employee who is taking a prescription drug that may have been the cause of a positive test result will be asked to provide the name of the medication and the identity of the prescribing physician for verification. If this verification is received, and if such medication will produce such test result, and if no further test will differentiate between such medication and the otherwise suspected cause of such result, the employee's test result will be reported as negative. If, after consideration of the matter, the MRO finds no reason to doubt the validity of the positive test, that result will be conveyed to the City contact, as well as the identity of the drug. Refusal An employee may not refuse to take a drug or alcohol test when requested to do so, consistent with the terms of this policy. Such a refusal will be considered equivalent to testing positive for illegal drugs or alcohol. An employee will be considered as refusing to test if he/she expressly refuses to take a test, or otherwise fails to provide an adequate breath or urine sample without a valid medical explanation. Additionally, an employee will be considered as refusing to test if he/she engages in conduct that clearly obstructs the testing process. Effect Of Testing Positive For Drugs Or Alcohol Any prospective employee who tests positive for illegal drugs or alcohol will not be hired. If a current employee tests positive for illegal drugs he/she will be subject to disciplinary action, up to and including dismissal; testing positive for illegal drugs will be taken as proof of commission of a crime for purposes of any part of this personnel policy manual attaching consequences to crime commission or conviction of a crime by an employee. No driver shall report for or remain on duty or perform a safety -sensitive function, if the driver tests positive for controlled substances. No other employee shall report for or remain on duty or perform a safety -sensitive function if the employee tests positive for controlled substances. If a current driver tests above 0.02 BAC on an alcohol test, that employee will not be allowed to operate a commercial vehicle for this City for 24 hours from the time of the test. Thereafter, that driver will not be allowed to return to work until he has been given an evaluation by a Substance Abuse Professional (SAP). If it is determined by the SAP that the driver is not alcohol dependent, he will be allowed to return to work with the City. If an employee tests above 0.02 BAC twice in a year's time he will be terminated from further employment. Additionally, nothing in this policy shall be taken to condone drug or alcohol use prohibited by departmental policies such as those of the Police Department. No result of a drug or alcohol test under this policy shall be used as the foundation for a criminal prosecution, unless probable cause within the meaning of the criminal law existed for the administration of the test, and the test was obtained in accord with the law respecting implied consent or searches and seizures. December 7, 1995 Page 6 316 Each driver or other employee who has engaged in conduct prohibited by this Policy shall be advised by the Personnel Officer of the resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances, including the names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs. Each driver or other employee who engages in conduct prohibited by this Policy shall be evaluated by a substance abuse professional who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substances use. Before an employee returns to duty requiring the performance of a safety- sensitive function after engaging in conduct prohibited by this Policy, the employee shall undergo a return -to -duty alcohol test with a result indicating an alcohol concentration of less than 0.02 if the conduct involved alcohol, or a controlled substances test with a verified negative result if the conduct involved a controlled substance. In addition, each employee identified as needing assistance in resolving problems associated with alcohol misuse or controlled substances use, 1. Shall be evaluated by a substance abuse professional to determine that the employee has properly followed any rehabilitation program prescribed under this Policy, and 2. Shall be subject to unannounced follow-up alcohol and controlled substances tests administered by the City following the employee's return to duty. The number and frequency of such follow-up testing shall be as directed by the substance abuse professional, and consist of at least six tests in the first 12 months following the employee's return to duty. The City may direct the employee to undergo return -to - duty and follow-up testing for both alcohol and controlled substances, if the substance abuse professional determines that return -to -duty and follow-up testing for both alcohol and controlled substances is necessary for that particular employee. Any such testing shall be performed in accordance with the requirements of 49 CFR part 40. Follow-up testing shall not exceed 60 months from the date of the employee's return to duty. The substance abuse professional may terminate the requirement for follow-up testing at any time after the first six tests have been administered, if the substance abuse professional determines that such testing is no longer necessary. Evaluation and rehabilitation may be provided by the employer, by a substance abuse professional under contract with the employer, or by a substance abuse professional not affiliated with the employer. The choice of substance abuse professional and assignment of costs shall be made in accordance with relevant portions of this Personnel Policy Manual. The City shall ensure that a substance abuse professional who determines that an employee requires assistance in resolving problems with alcohol misuse or controlled substances use does not refer the driver to the substance abuse professional's private practice or to a person or organization from which the substance abuse professional receives remuneration or in which the substance abuse professional has a financial interest. This paragraph does December 7, 1995 Page 7 316 not prohibit a substance abuse professional from referring a driver for assistance provided through-- 1. A public agency, such as the State, county, or municipality, whether directly or through contract; 2. The employer or a person under contract to provide treatment for alcohol or controlled substance problems on behalf of the employer; 3. The sole source of therapeutically appropriate treatment under the employee's health insurance program; or 4. The sole source of therapeutically appropriate treatment reasonably accessible to the employee. The requirements of this section with respect to referral, evaluation and rehabilitation do not apply to applicants who refuse to submit to a pre- employment alcohol or controlled substances test or who have a pre -employment alcohol test with a result indicating an alcohol concentration of 0.04 or greater or a controlled substances test with a verified positive test result. December 7, 1995 Page 8 316 CITY OF McCALL DRUG / ALCOHOL TESTING POLICY Controlled Substance Testing Consent Form (Prospective Employee) As part of my application for employment, I consent to a drug/alcohol test promptly and at a time when I represent I have not consumed alcohol within 8 hours. I understand that if I test positive for illegal drugs or for alcohol, I will not be offered employment. I understand that the collection, testing, and reporting of my specimen will be done in accordance with applicable chain of custody procedures. I consent to the release of my drug or alcohol test results received by Minert & Associates, Inc. as the representative of the City of McCall, and the Medical Review Officer, and understand that those test results received, to supervisory officials of the City of McCall, and understand that those test results will be held in confidence by them. If I am applying for a position that would require a CDL license, I further consent to the City of McCall's contacting those employers for whom I have worked as a commercial vehicle operator for the past two (2) years for the purpose of the City of McCall's verifying from my past employers whether I have tested positive for illegal drugs or alcohol, or have refused to test when requested to do so. In the event that the City receives information from a past employer that I have tested positive for illegal drugs or alcohol within the last year, I will not be offered employment, or my conditional/probationary employment will be terminated with the City. I consent to the release of that information by those employers for whom I have worked during the past two (2) years as a commercial vehicle driver. I understand the terms of the City of McCall's drug/alcohol testing policy. Date: Print applicant's name on above line Applicant's phone number Applicant's signature on above line City supervisor witnessing December 7, 1995 Page 9 316 CITY OF McCALL DRUG / ALCOHOL TESTING POLICY Controlled Substance Testing Consent Form (Current Employee) As a condition of my continued employment with the City of McCall, I consent to a drug/ alcohol test as required by the terms of the City's Drug/Alcohol Testing Policy. If I am a police officer, I understand that nothing in this form limits my obligation to be drug or alcohol free. I understand that if I test positive for illegal drugs I will be subject to dismissal as called for by the City's Personnel Policy Manual respecting commission of a crime. If I am a CDL driver for the City, and if I test above 0.02 BAC on an alcohol test, to include use of the City's Alco-Sensor III testing equipment, I will not be allowed to operate a City vehicle for 24 hours following the test. Thereafter I will not be allowed to return to work until I have been evaluated by a Substance Abuse Professional (SAP) on the list of such professionals approved for evaluations by the Magistrates Division of the District Court in Valley County. If it is determined by the SAP that I am not alcohol dependent, I will be allowed to return to work with the City. If I test above 0.02 BAC twice in a year's time I will be terminated from further employment with the City. I further agree that in the event I am involved in a work related accident (as defined by the terms of the City's Drug/Alcohol Testing Policy), I authorize the release of relevant hospital reports or other documentation that would indicate whether or not there were any illegal drugs or alcohol in my system at the time of the accident. I consent to the release of my drug or alcohol test results received by Minert & Associates, Inc. as the representative of the City of McCall, and the Medical Review Officer, and understand that those test results received, to supervisory officials of the City of McCall, and understand that those test results will be held in confidence by them. If I am applying for a position that would require a CDL license, I further consent to the City of McCall's contacting those employers for whom I have worked as a commercial vehicle operator for the past two (2) years for the purpose of the City of McCall's verifying from my past employers whether I have tested positive for illegal drugs or alcohol, or have refused to test when requested to do so. In the event that the City receives information from a past employer that I have tested positive for illegal drugs or alcohol within the last year, I will not be offered employment, or my conditional/probationary employment will be terminated with the City. I consent to the release of that information by those employers for whom I have worked during the past two (2) years as a commercial vehicle driver. I have received, read, and understand the terms of the City of McCall's Drug/Alcohol Testing Policy, part of the City's Personnel Policy Manual, and agree to abide by those terms during my employment at the City of McCall. Date: December 7, 1995 Page 10 316 Print Employee's name on above line Applicant's phone number Employee's signature on above line City supervisor witnessing December 7, 1995 Page 11 701 Employee Discipline Policy. It is the policy of the City that all employees are expected to comply with the City's standards of behavior and performance and than any noncompliance with these standards must be remedied. 1. Listed below are some of the reasons which might be cause for disciplinary action, but disciplinary action is not limited to the offenses listed: (a) Being convicted of a crime that reflects on the employee's trustworthiness or potential for disruption of the workplace. Examples include but are not limited to: theft, embezzlement, crimes involving the possession, use, or distribution of illegal drugs (See Drug Free Workplace Policy, Policy 107 and Drug/Alcohol Testing Policy, Policy 316) or crimes involving the use of firearms and other weapons. (b) Excessive lost time. (c) Being absent without leave. (d) Excessive tardiness or abuse of sick leave. (e) Inefficiency. (f) Willfully giving false statements to supervisors, officials, the public or boards. (g) Abuse of property or negligence. (h) Violation of ordinances, administrative regulations, policies or department rules. (i) The consumption or possession of alcoholic beverages or illegal drugs while on duty. (Except Police Officer's possession of illegal drugs or alcoholic beverages in the course of their law enforcement duties.) While off duty: (1) The possession or use of illegal drugs at any time; and (2) The possession or consumption of alcohol on City property at any time, except where the possession and consumption of alcohol by the general public is permitted. (i) Discovery of a false statement in an employment application which had not been detected during the selection process. 104:1. (k) Acceptance of gratuities in conflict with the Code of Employer -Employee Relations, page Refusal to be examined by a designated, fully licensed physician when so directed. Political activity in conflict with Political Activity, page 307. Insubordination (refusal to obey reasonable orders), insolence, belligerence, etc. Fighting or creating a disturbance among fellow employees or others. December 7, 1995 701 (p) Sleeping or gambling on duty. (q) Refusal to testify in a properly authorized inquiry or investigation except where such refusal is based upon the grounds of self-incrimination. (Witnesses shall be assured freedom . from restraint, discrimination, or reprisal in presenting their testimony.) (r) Disregard of safety procedures or willful endangerment of other persons. (s) Other behavior either during or outside of duty hours which is of such nature that it brings discredit upon the City or public employment. (t) A positive test druq or alcohol test administered in accordance with the Citv's Druq/Alcohol Testing Policy (Policy 316) (u) Refusal to supply a specimen for drug or alcohol testing when required or supplying and adulterated or substitute specimen. 2. It is the City's policy to provide supervisors maximum flexibility in dealing with disciplinary problems by not specifying what disciplinary action is to be imposed for each offense. Supervisors must consider the severity of the offense, past performance and mitigating circumstances when deciding whether or not to impose disciplinary action and the action to be imposed. However any action that results in lost pay or employment for an employee must be reviewed by the City Manager before being imposed. 3. All disciplinary action must be documented and forwarded to the Personnel Officer for filing in the Official Personnel File. See Adverse or Derogatory Information, page 304:1 for the steps to be followed. When circumstances require subsequent disciplinary action, no action that is not recorded in the employee's Official Personnel File may be considered. 4. The following is a list, in order of severity, of disciplinary actions that may be taken: (a) Oral Reprimand. (b) Written Reprimand. (c) Probation without demotion. (d) Probation with demotion (reduction in pay.) (e) Suspension with pay. (f) Suspension without pay, use of accrued vacation authorized. (g) Suspension without pay, use of accrued vacation not authorized. (i) Discharge. 5. Any employee may appeal disciplinary action by using the grievance procedure. (See Employee Grievances, page 310). Supervisors must inform employees of this right when taking any disciplinary action. December 7 1995 Discharge Policy. It is the policy of the City to discharge employees as a disciplinary measure as the last resort when less stringent measures have failed to improve performance or for an offense that is so severe as to cause significant public relations or morale problems if the offending employee is retained. 1. The City recognizes that discharge represents the loss of a significant investment in training and experience and as such, discharge shall be imposed only when all other measures have been exhausted or when such measures are not in the best interest of the City. 2. Before discharging an employee, the supervisor will carefully consider all relevant facts including past performance and disciplinary actions. 3. Public employees have a vested, property interest in continued employment. The employee cannot be deprived of that interest without "due process." The following procedures will insure that the "due process" requirement is fulfilled: (a) The imposing supervisor must provide the employee with written notice of the supervisor's intent to discharge him or her. (b) The employee must be provided with copies of all information to be used in making the discharge decision. The employee must be provided with the opportunity to rebut that information or to submit matters in mitigation or extenuation. (c) The employee must be informed that he or she has the right to a hearing using the Grievance Procedures, page 310. 4. Once the above actions have been completed, the supervisor will decide whether or not to discharge the employee. If the supervisor elects to discharge, all information, notices and responses will be forwarded to the City Manager who will review the process. If the employee requests a hearing, the City Manager will conduct a hearing at the end of which a decision will be made to uphold or overtum the discharge. If the City Manager's decision is to discharge, the employee will be discharged immediately. All "due process" requirements having been met, the discharged employee will not be entitled to further pay or benefits except as provided below. 5. Notwithstanding paragraph 4 above, the Grievance Procedures (Employee Grievances, page 310) provide for a hearing before the City Council. If the discharged employee requests this hearing, in writing, the matter will be placed on the agenda of the -next -regular earliest practical reoular or special City Council meetin . The employee may be represented by Legal Counsel the employee's own expense. The City Council's decision shall be deemed final. If the City Council decision is to overturn the discharge, the employee will be reinstated and paid back pay from the date of discharge to the City Council's final decision. The City Council may impose a less severe disciplinary action as a part of its final decision. December 7, 1995