Sec. 2-82Policy

(a) Purpose.

(1) The city is concerned for the well-being of all city employees. That concern has led the city to take a strong stand on drug abuse. There is ample evidence that drug use is bad for employee performance. Simply stated, drugs have no place in the city's employ.

(2) The city believes it has a responsibility to provide a safe, healthy, and productive working environment for all city employees. To accomplish this goal the city must rely on a close manager/employee relationship to surface problems.

(3) The city endorses efforts to devise high quality standards for drug testing. Such standards will reassure the public and city employees and help reinforce overall the quality of drug testing which impacts the city's ongoing program to address the problems of drug use in the workplace.

(4) The United States Congress has enacted the Drug-Free Work Place Act of 1988. The purpose of this law is to ensure that work done under federal contract or federal grants is performed in a drug-free environment.

(5) Drug abuse and use at the workplace are subjects of immediate concern in society. From a safety perspective, users may impair the well-being of all employees, the public at large, and result in damage to city property. Therefore, in addition to prohibiting employees from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of illegal drugs in the workplace, the city prohibits its employees from engaging in such illegal activities at all times and at all places. Such activities, even during nonworking hours, clearly affect an employee's ability to perform his or her public duties.

(b) Conditions. The city adopts the following as its drug free policy:

(1) No employee of this city may illegally engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance at any time or place, including while at his or her workplace. Such unlawful activity will be considered sufficient grounds for an adverse personnel action, up to and including dismissal from employment.

(2) Any employee who gives or in any way transfers a controlled substance to another person or sells or manufactures a controlled substance while on or off the job will be subject to discipline up to and including termination.

(3) The term "controlled substance" means any drug listed in 21 USC 812 and other federal regulations. Generally, these are drugs which have a high potential for abuse. They also include legal drugs which are not prescribed by a licensed physician. Drugs that are legally prescribed but are being abused are also included.

(4) Each employee is required to inform his or her department head within five days after he or she is arrested or convicted for violation of any criminal drug statute of any jurisdiction, regardless of whether the alleged violation occurred at the workplace or elsewhere. The employee must notify his or her department head and the city manager, in writing, of each conviction. A conviction means a finding of guilt, including a plea of nolo contendere, or the imposition of a sentence by a judge or jury in any federal or state court.

(5) Failure to comply with any part of this policy will result in serious adverse personnel action, including possible dismissal from employment.

(6) Any questions that any employee may have concerning this policy should be directed to the city clerk.

History: (Ord. No. 00-05, § 1, 8-3-2000)