The URL can be used to link to this page

Home My WebLink AboutR-1428 - Amending the personnel rules of the City of Marysville by adding a policy concerning the Drug-Free Work Place Act of 1988CIT Y 0 F MAR Y S V ILL E Marysville,Washington RESOLUTION NO.14;;J.Jl- A RESOLUTION OF THE CITY OF MARYSVILLE AMENDING THE PERSONNEL RULES OF THE CITY OF MARYSVILLE BY ADDING A POLICY CONCERNING THE DRUG-FREE WORK PLACE ACT OF 1988. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: 1.A new chapter is hereby added to the Personnel Rules of the City of Marysville as follows: CHAPTER XV DRUG-FREE WORK PLACE POLICY SECTION 1.PURPOSE: The City of Marysville recognizes that its employees are an important resource.The purpose of this Chapter is to outline the city's policy regarding drug and alcohol abuse,to meet the certification requirements of the Drug- Free Work Place Act of 1988,and to provide guidance to supervisors in addressing issues concerning substance abuse. SECTION 2.SCOPE: This policy applies to all city of Marysville employ- ees.This policy shall be in addition to any other policies of the City of Marysville concerning the use and abuse of alcohol and/or drugs. SECTION 3.STATEMENT OF CITY POLICY: a.No employee of the City of Marysville shall unlaWfully manUfacture,distribute,dispense,possess or use on or in the work place any narcotic drug,hallucinogenic drug,amphetamine,barbiturate,marijuana,alcohol or any other controlled substance as defined in RCW 69.50.101 and/or Schedules I through V of Section 202 of the Control Substances Act (21 USC 812)and as further defined by regu- lation at 21 CFR 1300.11 through 1300.15. Any possession or use of alcohol or drugs that could Resolution - 1 "it'f -, ,• impair work performance is strictly prohibited and may result in disciplinary action. b.No employee is permitted to report to work or perform any city business while under the influence of alcohol or any drug,including medically authorized or over- the-counter drugs,that could impair work performance. Employees must report the medical use of drugs or other substances which can impair job performance to supervision and provide proper written medical authorization to safely perform work from a licensed practitioner,physician or dentist.It is the employee's responsibility to determine from the licensed practitioner,physician or dentist whether the prescribed drug would impair job performance.Failure to report the medical use of such drugs or other substances, or failure to provide proper evidence of medical authoriza- tion,can result in disciplinary action,including possible termination. SECTION 4.RESPONSIBILITY: a.Management.Management personnel for the city are responsible for taking immediate and consistent action in compliance with this policy and applicable procedures. b.Employees.Because of the major public service, health and safety and disciplinary concerns presented by the problem of substance abuse,employees are responsible for compliance with this policy as a condition of employment. c.The City.The City is responsible for instituting and maintaining a program designed to achieve a drug-free work place and complying with all appropriate laws and regulations. SECTION 5."WORK PLACE"DEFINED: "Work place"is defined as any city building or any city-owned premises and all public property; any city-owned vehicle or any other city-approved vehicle used to perform any city function, including travel to and from the work place or any break observed during the work day.The work place shall also include any activity performed by an employee,whether on city property or not, which is on city time and where the employee is performing any task or activity on behalf of the city. Resolution - 2 SECTION 6.PROCEDURE: a.In the event there is reasonable cause to believe that an employee's job performance may be impaired by drugs or alcohol,the employee's supervisor shall question the employee with regard to the behavior.The supervisor shall directly observe the employee's behavior and document the behavior in writing.Indications of impaired behavior include,but are not limited to,the following:staggering or irregular gait,the odor of alcohol on the breath, slurred speech,dilated or constricted pupils,inatten- tiveness,listlessness,hyperactivity,performance problems, illogical speech and thought process,poor judgment,or unusual or abnormal behavior. b.When possible,a second managerial employee shall also observe the employee to verify that there is reasonable cause to believe that drug or alcohol consumption may be involved.A determination shall be made as to whether or not the employee's behavior is impaired to the point of being unable to perform his duties effectively and safely. The employee shall be relieved of his duties and shall immediately be evaluated by a qualified evaluator as to the abuse or non-abuse of drugs or alcohol. c.The City shall conduct such other investigation as is necessary to verify the use of drugs or alcohol and the nature of the impairment of the employee's job performance. Such investigation may inclUde,but is not limited to, interviews with co-employees,citizens,inspection of the work place,and Where appropriate,an interview of the employee.Such investigation may include the performance of drug tests where there is reasonable suspicion that drugs or alcohol have been used.Employees shall be fully advised in writing of the nature and procedures for administering the test.Refusal to take a drug test will result in immediate termination. d.As a result of the investigation of the employee, the City shall determine if disciplinary action is ap- propriate.If the disciplinary action to be taken is a suspension without payor termination,an informal,pre- disciplinary hearing shall be conducted pursuant to Chapter VIII,section 6 of these Rules. e.Any disciplinary action taken by the city under this procedure shall be taken in accordance with applicable provisions of the City Personnel Rules,Civil Service Rules and Collective Bargaining Agreements. Resolution -J '.'k: .);.-.f f.The city Administrator shall develop such ad- ministrative procedures or programs as necessary to im- plement and administer this resolution,Such procedures or programs shall be consistent with this resolution. SECTION 7.REPORTING REQUIREMENTS: As a condition of continued employment,each employee shall notify his or her supervisor of his or her conviction under any criminal drug/alcohol statute or ordinance for a. violation occurring in the work place as defined above. Such notification shall be provided no later than five days after such conviction.For purposes of this policy,the term "conviction"shall mean a finding of guilt,including a plea of nolo contendere,or imposition of sentence,or both,by any jUdicial body charged with the responsibility to determine violations of federal,state or municipal drug/ alcohol statutes or ordinances."Criminal drug statute or ordinance"means any federal,state or municipal criminal statute involving the manufacture,distribution,dispensing, use or possession of any controlled substance.' SECTION 8.REINSTATEMENT: As a condition of eligibility for reinstatement where an employee has been suspended or discharged,an employee may be required to satisfactorily complete a drug or alcohol rehabilitation or treatment program approved by the city,at the employee's expense.Nothing in this policy shall be construed to guarantee reinstatement of any employee,nor does the City incur any financial obligation for treatment or rehabilitation ordered as a condition of eligibility for reinstatement. 2.Effective Date.This policy shall be effective immediately upon passage and approval by the City Council and Mayor. CITY OF MARYSVILLE BL&hL~SMaYOr Attest: ~~/Clerk Resolution - 4