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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' ~ ATTEST: - ~"-\y,-~ ~""'~ 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.