91-017 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY REVISING CHAPTER 2 ARTICLE IX BY ADDING SECTION TO PERSONNEL REGULATIONS
ORDINANCE N0. 91..017
AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS,
PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE
AMENDED BY REVISING CHAPTER 2, ARTICLE IX BY ADliING A SECTION
TO THE PERSONNEL REGULATIONS OF SAID CODE; PROVIDING FOR A
DRUG FREE WORKPLACE POLICY; REPEALING ALL ORllINANCES OR PARTS
UF aRDINANCES IN CONFLICT' HEREWITH; AND PROVIDING FOR AN
EFFECT I VE DATE OF r1AY 13, 19 91 .
BE IT ORDAINED BY I'HE CITY CUUNCIL OF THE CITY OF' PARIS:
Section 1. That Chapter 2, Article IX of the Code of
Ordinances of the City of Paris, Paris, Texas, be amended by
adding a section to the Personnel Kegulations so that such
shall read as follows:
"Sec. - Drug and A:lcohol Testing Policy and
Procedures
A. Policy
(1) The City of Paris (City) does not tolerate
illegal drug usage and drug or alcohol abuse.
(2) Applicants tor and transfers to safety-
sensitive positions will be required to undergo a drug
screening/ confir,nation [est and alcohol test, upon
selection, unless exempt under F(6).
(3) An employee will be required to take a drug
screening/confirmation test and/or alcohol test,
administered in accordance with this policy when there
is reasonable suspicion to believe that the employee
has ingested, inhaled or injected a drug or ingested
alcohol in violation of 1aw or policy prior to or while
on duty.
(4) An employee may be required to take such
tests when use of City equipment results in serious
injury to himself or another person or damages are
$1,000.00 or more.
(5) An employee in a satety-sensitive position
will be required to take such tests at the time of any
required physical.
(6) 'Those employees whose duties regularly
involve repetitive exposure to drugs may be required to
take such tests on a periodic, unannounced basis.
Employees may also be required to take such tests where
there is an allegatiun involving the excessive use of
force or when a firearrn is nischarged resulting in
bodily injury, property damage or violation of general
orders.
B. PURPOSE
This policy uutlines the program by which policy
goals and objectives will be met. It specifies and
defines methods and procedures for testing and
rejecting applicants and testing, assisting and/or
ciisciplining employees.
C. SCOPE
This policy applies to all empioyees in all
departments ot the City, and all applicants tor safety-
seiisitive positions.
D. DEFINITIONS
(1) Alcohol means any beverage containing more
than one-half ot one percent of alcohoi by volume which
is capable of use {or beverage purposes, either when
alone or when diluted.
(2) Drug means a controlled substance, controlled
substance analogue, narcotic drug or opiate as defined
in Schedules 1 through V and Penalty Groups 1 through 4
oi the Texas Controlled Substances Act, and/or Section
202, Schedules I through V of the Federal Controlled
Substance Act, and/or dangerous drug as defined by
Section 483.001 of the Heal.th and Safety Code if
obtained and/or used without a valid prescription for
the user. These include but are not limited to
marijuana, hashish, cocaine, heroin, morphine, codeine,
amphetamines, barbiturates and hallucinogens and
substances chemically similar to these drugs.
(3) Drug testing means collection cf a urine
specimen by medical personnel and a laboratory analysis
of that specimen by Enzyme Immunoassay (EMIT) screening
and if the results are positive, confirmatory testing
using the Gas Chromatography/Mass Spectrometry (GC/MS)
methods and procedures, or other medically acceptable
technology dzemed appropriate by the City of Paris.
(4) Alcohol testing means testing for blood
alcohol content by a breathalyzer instrument device or
drawing or collectirg a blood or serum sample suitable
for laboratory analysis.
(5) Employee shall mean a11 regular, full-time,
part-time, seasonal, and temporary employees and
reserve fire and peace officers.
(6) Department Head, Assistant Department Head or
Division Manager means those classifications in the
City organization listed iri Appendix A.
(7) Reasonable suspicion means:
(a) a conclusion based on good information
and belief produced by a credible and reliable
person with knowledge ot an employee's possession
or use of drugs or alcohol in violation of law or
policy, or
(b) a conclusion based on personal
observation that an employee's conduct is such
that his ability to satisfactorily perform his job
duties is or may be impaired, due to use of drugs
or alcohol. Such inability to perform may
include, but is not- limited to, a noticeable
change in the employee's performance level,
impdired judgment or reasoning, a noticeable
change in his level of attention, behavioral
changes or decreased ability of the senses.
Physical characteristics indicating reasonable
suspicion may be, among others, a pattern of abnormal
or erratic behavior, physical symptoms (i.e., glassy or
bloodshat eyes, slurred speech, unsteady gait, poor
caordination or reflexes) or direct observation of drug
or alcohol use.
8. Safety-sensitive positioris means jobs where an
employee's use of drugs or alcohol could create a
threat to safety whereby the employee's ability to
perform assigned duties is impaired and the performance
of those duties in such mental or physical condition
creates or could create a safety hazard that has
caused, or could cause injury or narm to the employee
or other employees or citizens or damage to property.
9. Serious injury ineans any injury which results
in a death, or an injury to an employee, passenger, or
other person which requires professional medical
treatment or which renders the employee unfit to
perform routine duties.
E. APPLICANTS ANU EMPLOYEES SUBJECT TO 1ESTING
(1) The following classes of applicants will be
subject to drug and alcohol testing:
(a) Applicants applying for employment in a
safety-sensitive position as indicated on the job
description, upon seLection.
(b) Any current employee seeking a transfer
or promotion into a safety-sensitive position,
upon selection, unless exempt under F(6).
(2) The following employees will be subject to
drug arid/or alcohol testing:
(a) Those who fall within the definition of
reasonable suspicion in Section D(7).
(b) Those who did not pass a drug and/or
alcohol test and whc are eligible otherwise to
return to work.
(c) Those in safety-sensitive positions
required to take a physical.
(3) The following employees may be subject to
drug and/or alcohol testing:
(a) whose use of City equipment results in
serious injury to himself c,r another person or
damages of $1,000.00 or more,
(b) whose duties regularly involve
repetitive exposure to drugs, (testing will be
conducted on a periodic, unannounced basis,)
(c) where there is allegation involving
excessive use of force,
(d) who discharge a firearm resulting in
badily injury, property damage or violation of
general orders.
F. APPLICANT PROCEDURES AND NOTIFICATION
(l) Applicants tor safety-sensitive positions
will be notified of drug and alcuhol testing at time of
application. Applicants will be given the opportunity
to withdraw their applications at that time.
(2) Applicants will be notified that if hired,
they will be requireci ta submit to drug and/or alcohol
testing as set forth in Section E.
(3) Refusal of applicants to submit to drug and
alcohol testing will bar employment with the City for a
period of one (1) year from the date ot the refusal.
(4) Applicants whose drug and/or alcohol test
results in a positive finding will riot be eligible for
employment with the City for a period of one (1) year
from the date of the confirmation test results.
(5) Applicants taking a prescribed medication
within the last six weeks prior to the drug and alcohol
test must furnish a medical statement from a physician
specifying the drug(s) being taken. Applicants taking
over-the-counter medicine within the last six weeks
prior to the drug and alcohol test will be required to
provide a list of the over.-the-counter niedicine(s). If
this statement or list is submitted in advance of the
drug and alcohol test, the City will not reject an
applicarit solely because of a positive drug or alcohol
test result due to the use of the prescribed medication
or over-the-counter medicine and reserves the right to
reschedule the applicant for retesting and
consideration of employment until 6 weeks after the
ingestion of a prescribed medication.
(6) Employees already occupying satety-sensitive
positions wha seek prumotiuns ur transfers into other
safety-sensitive positions will be required to submit
to drug and alconol testing as a condition of transfer
or promotion upon selectian. An empluyee whose drug
and/or alcohol test results in a positive finding will
not be el.igible to be selected for promotiori or
transfer for one (1) year from the date of the conrir-
mation test results. (The employee may, however,
participate in the promotion eligibility screening and
ranking process.) An employee who has been tested
within the last 12 months prior to the promotion or
transfer will not be required to be tested.
(7) Employees not occupying safety-sensitive
pusitions who seek promot.ions or transfers (including
reclassifications) into safety-sensitive positions wi11
be required to submit to drug and alcohol testing upon
selection. An employee whose drug and/or alcohol test
results in a positive firiding will not be eligible to
be selected for promotion or transfer for one (1) year
trom the date of the confirmation test results. (The
employee may, however, participate in the promotion
eligibility screening and ranking process.)
U. EMPLOYEE NOTIFICATION
(l) City Personnel Policies and Procedures
"Conduct Relating to Substance Abuse" states:
(a) Use of Alcohol on Duty:
(1) An employee shall not drink alcoholic
beverages while on duty, or in uniform, or
while or duty or in uniform in any City
facility or on City property.
(2) An emp:ioyee shall not report for work or
be on duty whiie under the influence of
alcohol.
(3) An employee shall not have an odor of
alcohol on his breath.
~b) Use of Alcohol off Duty: An employee
while off duty shall refrain from consuming
alcoholic beverages to the extent that it results
in obnoxious or offensive behavior which tends to
discredit the City or render him unfit to report
for his next assigned work day.
(c) Alcoholic Beverages on City Premises:
An employee shali not bring into or store
alcoholic beverages in any City premises or
vehicle except where authorized.
(d) Use or Possession of Dru s: An employee
shall not use or possess angerous drugs,
controlled substances, narcatics or hallucinogens
except when prescribed in the treatment of the
employee by a ph.ysician or dentist. When
dangerous drugs, controlled substances, narcotics
or hallucir,ogens are prescribed for use during
work hours, the employee shall notify his
sUpervisor. Employees takirig over-the-counter
medicines which niay interfere with the s a f e
performance of their job must notity their
supervisor.
(e) Detectable Level of Dru s: An employee
shall not have a etectable level of dangerous
drugs, controlled substances, narcotics or
hallucinogens in his urine or blood stream, except
pursuant to a valid personal prescription.
Violation of these Personnel Policies and
Procedures will subject the employee to disciplinary
action, which could include dismissal.
(2) An employee identif.ied under Section E,
except for those taking required physicals or seeking a
promotion or transter into a safety-sensitive position,
will be immediately removed from his position, placed
on administrative leave with pay pending the outcome of
the investigation, and required to submit to testing
tor drug and alcohol use. Prior to the testing, the
employee will be required to sign a consent form.
(3) An employee who reiuses to consent or submit
to testing, makes himself unavailable for testing or
disobeys an order related to testing will be subject to
discipiinary action, which could include dismissal.
(4) If an employee's drug or alcohol test results
in a positive finding, he will be:
(a) Referred to the Employee Assistance
Program and placed on Administrative Leave With
Pay for the initial EAP visit(s), and
(b) Allowed to use accrued paid leave to
seek medical treatment approveci by the Director of
Personnel. If needed, a leave of absence may be
granted at the discretion of the Bepartment Head.
Supervisors may take disciplinary action where
appropriate.
(5) If an employee's drug or alcohcl test results
in a positive finding, and he refuses to seek help and
follow the recommendations of the Employee Assistance
Program or medical treatment approved by the Director
of Personnel, he will be subject to disciplinary
actioii, which would include dismissal.
(6) If an employee's drug or alcohol test results
in a positive finding, he will not be allowed to returri
to his position until he has passed a return-to-work
drug and alcohol test.
(7) Ari employee who is required to take a drug or
alcohal test will have access to his test results.
(8) Employees who are taking prescribed
medication which may interfere with the safE
performance cf the job just furnish proof of a valid
personal prescription to their supervisor. Employees
taking over-the-counter medicines which may interfere
with the safe performance of the job must provide a
list of these over-the-counter medicines to their
supervisor. It the prescription or list has been given
to the employee's supervisor in advance of a drug or
alcohol test, the City wi11 not take any action solely
because of a positive test: result due to the prescribed
medication(s) or over-the-counter medicine(s) referred
ta above.
H. SUPERVISOR AND EMPLOYEE TRAINING
(1) Supervisors will be trained:
(a) T'o recognize employees who appear unfit
for duty because of drugs or alcohol and
become familiar with the elements of a
determination ot reasonable suspicion.
(b) To effectively and appropriately
intervene based on reasonable suspicion.
(c) To identify basic categories of drugs
and their effects.
(d) To understand the methods of drug and
alcohol testing procedures.
(e) 'To effectively and appropriately
document reasonable suspicion cases.
(t) To appropriately refer employees to the
Employee Assistance Program.
(g) In the City of Paris Personnel Policies
and Procedures Manual related to discipline.
(2) Employees will be trairied:
(a) In how to access the Employee Assistance
Program.
(b) In how the City of Paris policies
regarding drug and alcohol use are applied in
the workplace.
(c) In the effects and consequences of drug
or alcohol use on personal health, safety and
work environment.
(d) In the recognition of behavioral cues
that may indicate drug or alcohol use and
abuse.
1. PROCEDURES FOR TESTING EMPLOYEES
(1) A supervisor who concludes the testing is
appropriate under Section E will:
(a) Prohibit the employee from working or
continuing to work.
(b) Notify a Department Head, the City
Attorney or the City Manager. The employee
may riot be subject to testing without
confirmation by one of those listed above.
(c) Have employee sign consent form and
transport the employee to the designated
medical facility identified by the City of
Paris for drug or alcohol testing. After
testing, arrangements should be made for
transporting the employee to his residence or
a place selected by a relative or friend of
the employee. The supervisor must not allow
the employee to drive or operate any motor
vehicle at any t:ime herein.
(d) Refer the employee to the Employee
Assistance Program, if the drug test or
alcohol test is positive.
(e) Contact the Director of Personnel,
prepare the appropriate documentation, and
take appropriate disciplinary action, if
tacts and circumstances warrant.
(2) An employee who does not pass a confirmation
drug or alcohol test may request a retest of the
original sample. The employee's request must be in
writing to his Department Head within thirty (30) days
ot his receipt of the dr.ug or alcohol test results.
The employee may specify retesting by the same
laboratory or by a second laboratory that is certified
to perform drug or alcohol tests by the National
Institute on Drug Abuse. The originating laboratory
must follow the external chain-of-custody procedures
outlined in the National Institute on Drug Abuse's
mandatory guidelines for iederal workplace drug testing
programs when transferring the saaiple.
J. RESPQNStBILIT'IES
(1) Department Heads are respansible for:
(a) Coordinating with the Director of
Persotinel the identification of jobs under
Section E where applicants are subject to
testing for drug and alcohol use.
(b) Notiiication to employees as specified
in Sec.tion G and tor training of supervisors
and employees as outlined in Section H.
(2) Supervisors and managers are responsible for
documenting poor performance, concluding whether
testing is appropriate under Section E(2) and (3), and
carrying out the procedures outlinecl in Section I
above.
Supervisors and managers are prohibited from
demanding or encouraging drug or alcohol testing
outside ot the parameters as set forth in Section E.
Ariyone who violates these prohibitions wi11 be
subject to discipliriary action which could include
dismissal.
(3) The Persorinel Director is responsible for
turnishing professional assistance to departments for
Section J(1) activities, receiving all test resuits
from the designated laboratory and communicating the
test results to the employee's Department Head.
(4) The Employee Assistance Program is
responsible for providi.rig counseling and referral
services as outlined in the City of Paris Personnel
Policies and Procedures Manual.
(5) T'he City of Paris designated medical tacility
is responsible for obtaining a signed consent form from
the applicant or employee, for medical examination and
coilection of specimens necessary for drug and alcohol
testing in a designated laboratory, for arranging
transportation of the specimeri to the laboratory and
for receiving test results in accordance with legally
and medically approved procedures, methods and
techniques. The medical faciiity will communicate the
test results to the Director of Personnel upon receipt
froni the laboratory.
(6) The City of Paris designated medical facility
is resporisible for maintaining records of all
examinations, tests and results in employee and
applicant medical files and for ensuring privacy and
confidentiality.
K. DISCLOSURE OF TEST RESULTS
All persons associated with the City's drug
testing policy are prohibited from willfully disclosing
test results to City employees who cio not have a need
to know or persons not eligible to receive test results
under applicable law. Persons who violate these
prohibitians will be subject to disciplinary action
which could include dismissal."
Section 2. All ordiriances or parts of ordinances in
contlict herewith are hereby expressly repealed.
Section 3. This arciinance shall become effective on
Ma y 13, 19 91 .
Passed and adopted this 13th day of May, 1991.
~
c
orge Fisher, Jr., Niayor
ATTEST:
L ~
Mattie unningham, Cit lerk
APPROVED AS TO F'ORM:
/
d;
T. K.+ 'flaynqg', City Attorney
L1ST OF CITY OF PARIS llEPAKTNiENT HEADS
1. Michael E. Nralone, City Manager
2. T. K. Haynes, City Attor.ney
3. Warren (Gene) Anderson, Director of Personnel
4. Steve Burgin, Fire Chief'
5. Karl Louis, Chief of Police
6. Earl Srnith, City Enginet,r
7. Herbert Campbell, Director of Utilities
8. Joe McCollum, Director uf Community llevelopment
9. Dick Boots, Director of Facilities
10. Ballard A. Huddleston, Director of Public Works
11. Beverly Lewis, Library Director
12. Anthony Bethel, Health Uepartment Financial
Administrator
APPENDIX A