Sec. 2-86Disciplinary actions

(a) The following employment actions apply when an applicant or employee tests positive pursuant to this division:

(1) Applicants. Applicants testing positive shall not be employed at the time. Applicants who are denied employment for this reason may reapply for employment after six months from the date of the positive drug test.

(2) Employees. Employees testing positive shall be subject to one or more of the following employment actions: suspension without pay and/or termination of employment and/or mandatory participation in a drug or alcohol rehabilitation program. All employees not terminated following a positive test shall be placed on probation for one year following the date of testing. All positive results from a drug test will be verified by a confirmation test using the GCMS test.

(b) Any personnel action taken under this drug testing policy shall be reviewed by the city council and with the advice and counsel of the city attorney at the option of the city manager.

(c) Failure to comply with any part of the city drug testing program will result in serious adverse personnel action, including possible dismissal from employment.

(d) Termination will be automatic in the following cases:

(1) Selling drugs on or off the job.

(2) A positive drug test while on probation under the city drug testing policy.

(3) Nolo plea, guilty plea, or conviction of a second DUI offense.

(4) DUI while operating a city vehicle.

(5) Two misdemeanor violations (nolo, guilty plea, or conviction) of the controlled substance laws within a three-year period.

(6) Felony violations of drug laws.

(e) While dismissal from employment will occur in most cases, the following factors must be considered prior to taking any personnel action. Strong, mitigating circumstances may provide an opportunity for disciplinary action other than dismissal. The following guidelines shall apply:

(1) Public safety personnel will be held to a higher standard.

(2) Position within the department (supervisory personnel will be held to a higher standard).

(3) Gravity of liability and workers' compensation exposure to city.

(4) Prior violations of drug or alcohol laws.

(5) Prior violations of the city drug policy.

(6) Any other occurrences where the circumstances indicate disciplinary actions may be required.

(f) Failure to appear at the designated collection site when directed or other failure to take the test shall subject the employee or applicant to the same sanctions as if the test had been positive. Supervisors must notify the city manager immediately when an employee fails to show for drug testing.

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