1989-145-RES WHEREAS, PARIS TO ADOPT PROGRAM
RESOLUTION NO. 89-145
WHEREAS, it
Paris to adopt
Program; and,
is the desire of the City Council of the City of
a Drug Free Workplace and Employee Assistance
WHEREAS, the Director of Personnel for the City of Paris has
presented the proposed policies regarding a Drug Free Workplace
and Employee Assistance Program for consideration; and,
WHEREAS, the City Council desires to adopt such policies as
official policies regarding employment with the City and the same
shall be incorporated into the Personnel Policy Handbook; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,
That the policies attached hereto as Exhibit A, be, and they are
hereby adopted as official policies of the City of Paris
regarding employment with the City and the same shall be
incorporated into the Personnel Policy Handbook, effective
January 1, 1990.
BE IT FURTHER RESOLVED, That the City Manager of the City of
Paris, Michael E. Malone, be, and he is hereby directed to
implement the policies hereby approved.
Passed and adopted this 11th day of December, 1989.
Ed~O'
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ATTEST:
-
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Mattie Cunningham, Cit C er
APPROVED
FORM:
STANDARD OF CONDUCT FOR EMPLOYEES
DRUG FREE WORKPLACE
POLICY STATEMENT:
It is the pol i cy of the Ci ty of Pa ri s to provi de employees with a
working environment that is free of the problems associated with the
use and abuse of controlled substances. The use of controlled
substances is inconsistent with the behavior expected of employees and
subjects the City to unacceptable risks of workplace accidents or other
failures that would undermine the City's ability to operate effectively
and efficiently. The City considers employees who use such substances
to be less reliable and stable and lacking in good judgment.
Noncompliance with the policy set forth below will result in
disciplinary action.
I. The non-prescriptive use, sale, possession, distribution,
dispensation, manufacture, or transfer of controlled
substances on City property or other work sites where
employees may be assigned or elsewhere during work hours is
strictly prohibited. Further prohibited is the use, sa.le,
possession, distribution, dispensation, manufacture, or
transfer of controlled substances on non-worki ng time to the
extent such activity impairs an employee's ability to perform
his/her job or where such use, sale, possession, distribution,
manufacture, or transfer affects the reputation of the City to
the general public or threatens its integrity. Persons
violating the City policy will be subject to disciplinary
action, which may include termination for a first offense.
II. Employees who are convicted of controlled substances-related
violations in the workplace under state or federal law or who
plead guilty or nolo contendere to such charges must inform
the Director of Personnel or designated representative and
Department Director or designated representative within five
(5) days of such conviction or plea. Failure to do so will
result in disciplinary action, including termination from
employment for a first offense. Employees convicted or
pleading guilty or nolo contendere to such drug-related
violations must successfully complete a drug abuse assistance
or similar program as a condition of continued employment or
re-employment.
"Controlled Substance" is defined to mean those drugs listed in
Schedules I through V of Section 202 of the Federal Controlled
Substances Act, 21, U.S.C. 812, and includes, but is not limited to,
marijuana, cocaine (including "crack" and other cocaine derivatives),
morphine, heroin, amphetamines, and barbiturates. When used in this
policy, the term "drugs" means "controlled substances." The term does
not include those controlled substances used pursuant to and in
accordance with a valid prescription.
EXHIBIT A
Page 2
ADMINISTRATIVE PROCEDURES:
1. GENERAL
The City of Paris shall, in compliance with the Omnibus Drug
Initiative Act of 1988, take those steps required by the Act to
ensure that its workplace is a drug-free workplace. All employees
shall receive a copy of the City's "Policy Regarding Controlled
Substance Abuse," Appendix 1. Upon approval of this policy,
current employees shall be issued a copy of the policy and all
persons newly hired by the City shall receive a copy of the policy
during the new employee orientation process. Any employee found
in violation of this policy shall be disciplined and such
discipline may include termination or the successful completion of
a drug rehabilitation program. The City provides an Employee
Assistance Program which is designed to assist employees and their
families with personal and behavioral problems that have or could
adversely affect job performance.
II. DRUG FREE AWARENESS PROGRAM
A. The Personnel Department shall publish a policy statement
notifying all employees that the City is committed to
maintaining a drug free workplace. This policy statement
shall be given to all persons newly hired by the City during
new employee orientation.
B. The City shall establish a drug free workplace awareness
program to make employees aware of the dangers of drug abuse
and the assistance that is available to combat this problem.
This program shall include an educational component designed
to inform . employees of the dangers of drug abuse in the
workplace. This program shall inform all employees of the
City's commitment to maintaining a drug free workplace. The
program shall direct employees to seek assistance through the
City's Employee Assistance Program and inform employees of
other community resources available. The program will further
alert employees to the pena 1 ties and consequences they wi 11
incur for drug abuse violations in the workplace.
C. Employees must, as a condition of employment:
1. Abide by the terms of the City's "Pol icy Regarding
Controlled Substance Abuse"; and,
2. Notify their supervisory or Department Director and
Di rector of Personnel or des i gnees of any crimi na 1 drug
statute conviction for a violation (or a plea of no
contest) occurri ng at the workplace no 1 ater than fi ve
(5) days after such conviction.
D. A Department Director upon rece1v1ng notification of an
employee's conviction of a violation (or plea of no contest)
must notify the Director of Personnel immediately; the
Director of Personnel will in turn notify the affected
Department Di rector shou1 d he/she be informed. Oi rector of
Personnel must ensure that the appropriate federal funding
Page 3
agency is notified of the conviction within ten (10) days
after the City was notified of the conviction.
E. The Omnibus Drug Initiative Act of 1988 requests the City to
take appropriate disciplinary action within thirty (30) days
after receiving notice of an employee's conviction of a
violation (or a plea of no contest) of a criminal drug statute
occurring at the workplace. The disciplinary action may
include termination or a requirement that the employee
satisfactorily participate in and complete a drug assistance
or rehabilitation program as a condition of continued
employment. The action taken will' be considered on a
case-by-case basis. Such decision shall include the advice
and counsel of the Personnel Department and the Legal
Department, and the City's disciplinary and appeals policies
and procedures shall be followed.
F. Supervisors who suspect an employee is involved in some
illegal drug related activity will notify their Department
Director and Director of Personnel or designee immediately to
determine appropriate actions. All supervisory personnel
shall read and be familiar with this policy and the City's
Employee Assistance Program.
APPENDIX I
CITY OF PARIS
POLICY REGARDING CONTROLLED SUBSTANCE ABUSE
It is the policy of the City of Paris to provide employees with a
working. environment that is free of the problems associated with the
use and abuse of controlled substances. The use of controlled
substances is inconsistent with the behavior expected of employees and
subjects the City to unacceptable risks of workplace accidents or other
failures that would undermine the City's ability to operate effectively
and effi ciently. The Ci ty considers employees who use such substances
to be less reliable and stable and lacking in good judgment.
Noncompliance with the policy set forth below will result in
disciplinary action.
I. The non-prescriptive use, sale, possession, distribution,
dispensation, manufacture, or transfer or controlled
substances on City property or other work sites where
employees may be assigned or elsewhere during work hours is
strictly prohibited. Further prohibited is the use, sale,
possession, distribution, dispensation, manufacture, or
transfer of controlled substances on non-working time to the
extent such activity impairs an employee's ability to perform
his/her job or where such use, sale, possession, distribution,
manufacture, or transfer affects the reputation of the City to
the general public or threatens its integrity. Persons
violating the City policy will be subject to disciplinary
action, which may include termination for a first offense.
II. Employees who are convicted of controlled substances-related
violations in the workplace under state or federal law or who
plead gui lty or nolo contendere to such charges must inform
the Director of Personnel or designated representative and
Department Director or designated representative within five
(5) days of such conviction or plea. Failure to do so will
result in disciplinary action, including termination from
employment for a first offense. Employees convicted or
pleading guilty or nolo contendere to such drug-related
violations must successfully complete a drug abuse assistance
or simi 1ar program as a condition of continued employment or
re-employment.
I have read and understand the foregoing policies and agree to abide by
the terms and conditions set forth.
Employee Signature
Date
"Controlled Substance: is defined to mean those drugs listed in
Schedules I through V of Section 202 of the Federal Controlled
Substances Act, 21 U.S.C. 812, and includes, but is not limited to,
marijuana, cocaine (including "crack" and other cocaine derivatives),
morphine, heroin, amphetamines, and barbiturates. When used in this
policy, the term "drugs" means "controlled substances." The term does
not include those controlled substances used pursuant to and in
accordance with a valid prescription.