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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