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
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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
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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
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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
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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
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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
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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