Sec. 2-87Management and supervisory guidelines

The guidelines in this section are for use by managers and supervisors at all levels and in all departments. They are intended to provide assistance in the administration of the drug testing program.

(1) The city encourages any employee who has a drug or alcohol problem to obtain assistance. Therefore, if such an employee has not been required to submit to a drug or alcohol test or has tested negative but in good faith requires assistance for his or her problem, the employee shall be referred to a treatment and counseling program. This voluntary admission shall not be used against the employee.

(2) Each supervisor is responsible for taking appropriate action whenever an employee's demonstrated judgment or performance seems to be impaired by the possible use of alcohol or drugs.

a. Supervisors who suspect that an employee is unfit for duty should arrange, if practical, for at least one supervisor to observe and evaluate the employee's behavior. The employee's supervisor should ask the employee to explain why he or she appears unable to perform the job duties.

b. Should the employee fail to explain the impaired condition to the supervisor's satisfaction and it is still the supervisor's determination that drugs or alcohol may be involved, the supervisor may, upon consultation with designated senior staff/management, accompany the employee or make necessary arrangements for the employee to be taken by another supervisor to the designated lab, physician, or certified intoximeter operator for testing.

c. If the employee refuses to go, the employee should be warned that he or she will be held accountable for unfit behavior. Additionally, the employee would be disciplined for insubordination. Depending upon the employee's condition, the employee should be taken home and told when to report back to work. The supervisor should exercise caution in committing to any specific disciplinary action prior to consultation with the department head and staff.

(3) Supervisors will document in writing all incidents, investigations, and actions regarding suspected drug or alcohol abuse. If disciplinary action occurs, a full report by the department head/director should be sent to the city manager.

(4) When a supervisor observes the manufacture, use, sale, dissemination, or possession of illegal drugs or alcoholic beverages by employees on the job, the supervisor should take the following steps:

a. Call the sheriff.

b. Separate all parties involved and take them to a location where they can be questioned by the sheriff department's personnel about the incident, in the presence of another supervisor.

c. Report the incident to the immediate supervisor.

d. Upon completing the pending investigation, take the employee home, if necessary.

Following any incident that might fall under these guidelines, it is essential that the immediate supervisor make a detailed record of all actions, observations, statements, and other pertinent facts, to include date, time, location, and witnesses to the incident. The supervisor should not record his or her opinion or conclusion (i.e., the employee appeared to be on drugs) but rather the supervisor should simply state his or her observations (i.e., the employee was hyperactive, argumentative, loud, obnoxious, sweating profusely, pupils were constricted, etc.). This report shall be forwarded to the city manager.

(5) If an employee has been arrested for a drug-related or alcohol-related offense while off duty, the employee will be required to report the arrest promptly to his or her immediate supervisor. Management should investigate the nature of the offense to determine if disciplinary action is necessary.

(6) If a supervisor reviews a report and finds that an employee has violated the city's drugs and alcohol abuse policy, the supervisor shall document all available information regarding the incident and shall forward it to the city manager. Documentation shall include, but is not limited to:

a. Suspected employee's full name.

b. Times of observed drug or alcohol usage.

c. Frequency of use, if appropriate (i.e., occasionally, in the parking lot after work).

d. Specific locations of use, such as in a specific house or car.

e. Other participants or witnesses.

f. Any unusual behavior that would indicate that the observed individual was intoxicated or under the influence of a controlled substance.

(7) The employees of the city police department, covered employees as defined by the Department of Transportation, 49 CFR 192, 193, or 195, any other person operating hazardous machinery, or anyone operating a vehicle in his or her official capacity shall be subject to additional rules and policies related to drug and alcohol testing, consistent with the general purposes of these rules and attached to Ordinance No. 00-05 and made a part of this antidrug program policies and procedures adopted August 21, 1990, and revised August 1999. Additional rules for certain employees are implemented due to the high levels of employee performance required, the public interest, and visibility of the employees, and responsibility for the protection of life and property. Additional rules and policies shall include unannounced random drug testing, including temporary employees in this category, to determine the presence of prohibited drugs.

(8) Records of all drugs/alcohol test analyses, observation records of supervisors, and any other administrative reports relating to drug and/or alcohol use or abuse by an individual employee shall be maintained in a separate locked file available only to the city manager or to the city manager's designee, or to any persons who have an official need-to-know basis for requesting these documents. This information shall not be released to any outside person, agency, or department.

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