HomeMy WebLinkAboutORD920ORDINANCE NO.920
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,AMENDING THE PERSONNEL POLICIES,CITY OF APACHE
JUNCTION,RULE III,CONDITIONS OF EMPLOYMENT BY ADDING SECTION 5,
DRUG -FREE WORKPLACE POLICY:REPEALING ANY CONFLICTING PROVISIONS:
AND PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,AS FOLLOWS:
SECTION I.IN GENERAL
That Rule III,of the Personnel Policies of the City of Apache Junetion,Arizona
be amended to add Section 5 tb read as follows:
SECTION 5.Drug -Free Workplace Policy
A.Purpose:To establish rules governing the maintenance of a drug -free
workplace to (1)ensure the health and safety of City of Apache Junction
city employees,(2) continue the provision of high -quality services to the
general public,and (3) comply with federal and state laws and regulations
for a uniform,government -wide,drug -free workplace effort.
B.Policy Statement:Reporting for work under the influence of alcohol or
drugs,or any substance which impairs an employee's mental or physical
capacity will not be tolerated.The use of illegal drugs or the misuse of
legal drugs or alcohol by any employee is expressly prohibited as is the
presence in any employee's system of a prohibited drug or drug metabolite.
The possession,sale or distribution of drugs,alcohol,or any illegal
substance by an employee during regular working hours while on City
business or while on City property is expressly prohibited except as
excepted in police department policies and procedures.
C.The following definitions apply to the Drug -free Workplace Policy:
1.Alcohol:Ethanol,isopropanol,or methanol.
2.Drugs/Controlled Substances:The terms "drugs"and "controlled
substances"are interchangeable and have the same meaning.Unless
otherwise provided,drugs and controlled substances include but are
not limited to:barbiturates,cocaine,opiates (heroin,codeine),
propoxyphene,amphetamines (including methamphetamine),
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PAGE 1 OF 8
benzodiazepines (valium,librium),methadone,phencyclidine (PCP),
methaqualone,and cannabinoids (THC).
3.Reasonable Cause:A belief based on specific,objective facts,and
reasonable inferences drawn from those facts,that suggest an
employee is using drugs while on the job or is under the influence
of drugs while on the job.
Reasonable cause generally includes but is not limited to:
a.observable phenomena,such as direct observation of drug or
alcohol use and/or the physical symptoms or manifestations of
being under the influence of a drug or alcohol;
b.abnormal conduct,erratic behavior,absenteeism,tardiness;
c.physical symptoms (i.e.glassy eyes,slurred speech,unsteady
gait,red eyes,running nose);
d.smell of alcohol or marijuana;
e.deterioration in work performance or physical appearance;
f.a report of drug or alcohol use provided by reliable and
credible sources and which has been independently
corroborated;
g.evidence that an individual has tampered with a drug or
alcohol test,during his/her employment with the current
employer;
h.involvement in or responsibility for,a work -related or
industrial accident that caused,or could have caused serious
injury to the employees,any other person,or serious damage
to employer property or property belonging to others:
i .evidence of use,possession,sale,solicitation,or transfer
of drugs or alcohol while working or while on employer
premises.
4.Employee:For the purpose of the Drug -Free Workplace Policy
"employee"includes all regular full-time,regular part-time,
probationary,temporary,seasonal,and contract personnel.
"Employee"does not include employees of other agencies who are
performing work for the City of Apache Junction.
D.Over -the -Counter or Prescribed Medications:Employees taking
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prescription or over-the-counter non -prescribed drugs or medication which
might interfere with the performance of his/her job duties shall report
the usage of the drug or medication to his/her supervisor before going on
duty.Employees taking such drugs or medication are responsible for
knowing any side effects of the medication which might interfere with job
performance based upon the prescribing physician's advice or the warning
on the medication label.
E.Applicants and Employees Sublect to Testing:
1.Pre -Employment Testing for Initial Employment:
All applicants being considered for initial paid employment by the
City shall be required to submit to,and successfully pass,a drug
screen urinalysis after a conditional offer of employment is made by
the City.The offer of employment shall be contingent upon a
negative drug screening.
If an applicant fails to pass the pre -employment drug screening,the
applicant will be disqualified from consideration for employment and
shall not be eligible to apply for employment with the City for a
period of 12 months from the date of the initial,positive drug test
result.
An applicant's failure to submit to the required pre -employment drug
test shall be considered as a request for withdrawal from
consideration for the position for which he/she applied.
2.Police Department Employees:
Any police department employee (sworn or civilian)upon transfer to
or from a narcotic or drug related assignment shall submit to drug
and alcohol screening.The transfer shall be contingent upon a
negative result.
3.Reasonable Cause Testing:
If the City has reason to suspect that an employee is violating this
policy or when there is reasonable cause to believe an employee is
under the influence or is impaired by alcohol and/or drugs,the City
may require the employee to submit immediately to medical tests
administered for drug or alcohol testing which include the chemical
analysis of breath,urine and/or blood.
4.Post -Triggering Incident:
Employees involved in the following circumstances shall be required
to submit to a drug and/or alcohol test:
a.Those whose use of City equipment or vehicle results in an
accident in which a person is fatally injured.
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b.Those whose use of City equipment or vehicle results in an
accident involving tow -away and/or medical assistance and
who,in addition,have received a citation from a third party
law enforcement official.
c.Those who discharge a firearm resulting in bodily injury,
property damage,or violation of departmental policy,either
on or off duty.
5.Re-employment or Re-entry in Workforce:
Any individual who returns to work after an absence of 90
consecutive days or more shall be required to submit to a drug and
alcohol test prior to resuming work.Positive results will be
considered in deciding whether the employee shall be permitted to
return to work.
6.Follow-up Testing:
In the event an employee has been offered a rehabilitation option in
lieu of discipline for a positive test result in accordance with
Section H of this policy,the employee shall be subject to random
drug testing for a minimum of one year following the completion of
a rehabilitation program.
F.Policy Violation:
1.Alcohol:An employee who tests positive for alcohol while on City
business during the employee's regular working hours or while on
City property during the employee's regular working hours shall be
in violation of this policy.
2.Drugs:An employee who tests positive for drugs shall be in
violation of this policy.
G.Effect of Failure to Comply with Policy:An employee who refuses to
submit to a drug or alcohol test or who violates any aspect of this policy
is subject to disciplinary action up to and including dismissal.
H.Employee and Applicant Consent Forms:Employees and applicants who are
requested to submit to a drug test must agree in writing to allow the
results of such test to be disclosed to and used by the City's authorized
representatives who have a need to know.Failure to sign such a consent
form shall be considered a refusal to submit to testing.
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I.Rehabilitation:Depending upon the circumstances,the City may,at its
option,suspend all or part of the disciplinary action for violation of
this policy in return for the employee's enrollment into a drug or alcohol
counselling or rehabilitation program for the purpose of enabling the
employee to permanently cease the prohibited conduct.The program must be
one approved by the City.Cost of rehabilitation or counselling is the
responsibility of the employee.
An employee who elects such participation shall enter into a written
agreement to that effect.The employee may have any disciplinary action
deemed appropriate by the City suspended while counseling and/or
rehabilitation is being utilized.An employee who declines to participate
in or fails to complete drug rehabilitation in lieu of disciplinary action
or an employee who,having successfully participated in such a program,
again engages in conduct prohibited by this policy shall be subject to
disciplinary action up to and including dismissal.
J.Searches:The City of Apache Junction,through its designated managers
and supervisors,reserves the right to search all areas and property of
which the City maintains complete control or joint control with the
employee.An employee's locker,closet,work area,desk,desk files,
computer files,City -owned vehicle,and similar areas are subject to
inspection at any time on a random or any other non-discriminatory basis
for purposes of this policy.
K.Confidentiality:The results of drug or alcohol screening tests shall not
be included in an applicant's or an employee's file but shall be retained
by the Personnel Office in a separate medical file.Any conditions of
employment which may be established as a result of the drug test (i.e.a
written agreement for rehabilitation in lieu of discipline) will become a
part of the employee's personnel file.
Except as required by State or federal law,test results and ancillary
information may be disclosed to management personnel only on a need -to-
know basis or to any person upon the written consent of the employee or
applicant.Information normally should be limited to the supervisor,the
City Manager,the Personnel Office,and legal counsel.Failure to
maintain confidentiality by any employee shall be grounds for discipline.
All investigations,searches,and testing shall be conducted as privately
as practical.
L.Employee Responsibilities:
1.Pursuant to the Federal Drug -free Workplace Act of 1988,the City of
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Apache Junction prohibits the unlawful manufacture,use, possession,
or distribution of controlled substances in the workplace.As a
part of this law employees have the following responsibilities:
a.To abide by the terms of the City drug -free workplace policy;
and
b.To notify their supervisor or department head of any criminal
drug statute conviction for a violation occurring in the
workplace no later than five days after such conviction.
2.I t is each employee's responsibility to immediately report unsafe
working conditions or hazardous activities that may jeopardize the
safety of employees to the supervisor,department director,or
Personnel Office.This includes the responsibility to immediately
report any violations of the drug and alcohol policy.An employee
who fails to report such a violation is subject to disciplinary
action up to and including dismissal.
3.All employees will be required,as a condition of employment,to
sign a statement that the employee has:
a.Received a copy of the City's Drug -free Workplace Policy;
b.Agreed to abide by the terms of the policy;
c.Agreed to notify the supervisor or appropriate representative
of the City immediately,or within five days,of a criminal
drug statute conviction for a violation occurring within the
workplace.
M.Management Responsibilities:
1.Management personnel shall be responsible for the implementation and
consistent enforcement of this policy,together with the Personnel
Officer or designee.Management personnel who fail to enforce this
policy in accordance with its terms are subject to disciplinary
action up to and including dismissal.
2.Supervisors will be trained in the early detection of impairment by
alcohol,drugs,and substance abuse.Supervisors must document,in
writing,the facts constituting reasonable cause for drug and/or
alcohol testing or for violation of this policy.
3.Management must inform any employee being required to submit to drug
or alcohol testing of the requirements of this policy and the
consequences of non-compliance.
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N.Drug and Alcohol Testing Methodology:Every reasonable effort will be
made to obtain the most accurate drug or alcohol test results.Testing
procedures will include a two -tiered testing program to ensure maximum
accuracy in the test results,observation of specimen collection,and
chain -of -custody documentation.A two -tiered procedure means that an
initial positive test will be confirmed by the use of a gas chromatography
test with mass spectrometry (GC/MS)or an equivalent scientifically
accepted method which provides quantitative data about the detected drug.
Following a positive screen from the initial test and a positive screen
from the GC/MS test,a portion of the specimen sufficient for testing from
a positive sample may be transferred directly from the testing laboratory
to a laboratory of the employee's choosing and tested at the employee's
own expense.The laboratory chosen by the .employee must be a laboratory
approved or certified by the United States Department ,of Health and Human
Services,the College of American Pathologists or the Arizona Department
of Health Services.The employee is responsible for initiating the
transfer within 48 hours of notification of the positive screen.
An employee,upon request,may obtain his/her written test results.
0.Procedures:Procedures to be followed by management for the enforcement
of this policy are available for review in the Personnel Office or in each
department with the department head.
A description of the testing methods and collection procedures to be used
is available for review in the Personnel Office.
P.Commercial Driver's License Holders:Beginning on January 1,1996,all
employees required as a condition of their City employment to have a valid
Commercial Driver's License (CDL)shall comply with the United States
Department of Transportation (USDOT)rules for drug and alcohol testing of
mass transit employees and all drivers with CDLs.The USDOT is treating
these rules as an extension of the Omnibus Transportation Employee Testing
Act of 1991.
The rules require pre -employment,post -accident,"reasonable suspicion"
and random testing for alcohol and drugs through the use of breathalyzers
and urine samples.
Procedures and rules for testing of CDL holders will be available in the
Personnel Office beginning January 1,1996.
SECTION II.REPEALING ANY CONFLICTING PROVISIONS
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All ordinances and parts of ordinances in conflict with the provisions of this
ordinance or any part of the code adopted herein by reference are hereby
repealed.
SECTION III.PROVIDING FOR SEVERABILITY
If any section,subsection, sentence, phrase, clause or portion of this ordinance
or any part of the code adopted herein by reference is,for any reason,held to
be invalid or unconstitutional by any court of competent jurisdiction,such
decision shall not affect the validity of the remaining portions thereof.
APPROVED AND ADOPTED THIS 7TH DAY OF FEBRUARY ,1995,BY THE MAYOR
AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA.
SIGNED AND ATTESTED TO THIS 8TH DAY OF FEBRUARY ,1995.
ATTEST:
KATHLEEN CONNELLY
City Clark
AP,131*.VD/AS--G'"/ / //
wiezigka
GLMN 611113
City Attorpey
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40a PERKINS
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