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O-91-2532 - 4/11/1991ORDINANCE NO. -� 3 0 AN ORDINANCE AMENDING CHAPTER 7, CODE OF ORDINANCES, 1990 EDITION, CITY OF ROUND ROCK, TEXAS BY ADDING A NEW SECTION 7.500, DRUG FREE WORKPLACE POLICY; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: Q That Chapter 7, Code of Ordinances, 1990 Edition, City of Round Rock, Texas is hereby amended by adding a new Section 7.500, which shall read as follows: SECTION 7.500 DRUG FREE WORKPLACE POLICY 7.501 PURPOSE This policy is designed to be both firm and fair. It signals the City's commitment to provide a drug-free workplace --- a commitment which the City believes is in the best interest of employees, the City and the community. This policy is designed to prohibit and prevent the use of drugs and alcohol by employees while on the job and to encourage employees to be free of drugs and encourage those who have substance abuse problems to get help and to promote a healthy, safe work environment for all employees. All conduct and disciplinary action will comply with City of Round Rock Personnel Policy dated April 22, 1987, as amended, a copy of which is on file with the City Secretary. 7.502 POLICY (1) The City of Round Rock has a responsibility to provide a safe and productive workplace for all employees. Unfortunately, the actions of a few employees -- those who abuse drugs, including alcohol -- can have a direct impact on our ability to meet that goal. Therefore, the City of Round Rock has established a substance abuse policy within the guidelines of the Drug -Free Workplace Act. (2) The City recognizes that most substance dependence can be treated successfully. City provided health care benefits for the treatment of substance abuse problems are available to the extent provided in the applicable benefit plans. The City's health plan does have an Employee Assistance Program ORDRUGFR 7.503 established to all covered members. The EAP is to encourage individuals with personal problems, including substance abuse, to seek help. Although an employee's rehabilitation efforts will be strongly supported, participation in EAP is no protection against the normal disciplinary process associated with unsatisfactory job performance or behavior. (3) While on City property or during the conduct of City business, the use, possession, manufacture, sale or transfer of an illegal drug or alcohol is strictly prohibited. (4) City employees who are impaired, while on City premises or during the conduct of City business, will be subject to discipline up to and including dismissal. (5) It is the responsibility of an employee to inform their immediate supervisor of any use of prescription or over-the-counter medication that contains mood/mind altering drugs which may alter their job performance. (6) Employees convicted of or pleading guilty or no contest to criminal offenses involving the manufacture, use, possession, sale or transfer of illegal drugs, the illegal transfer of prescription drugs, or driving while intoxicated shall report the same to their supervisor five days after entry of judgment against them. The supervisor must immediately report this information to the Department Head and Personnel Manager. If employee fails to report, they shall be subject to disciplinary action up to and including dismissal. (Rule 14.1 Personnel Policy) DRUG PROGRAM COORDINATOR (1) The Personnel Manager shall be designated the Drug Program Coordinator and assigned to carry out the purposes of this plan. The Drug Program Coordinator shall be responsible for implementing, directing, administering, and managing the drug program within the operating elements. In carrying out the responsibilities, the Drug Program Coordinator shall, among other duties: (a) Publicize and disseminate drug program education materials, and oversee training and education sessions regarding drug and alcohol use and rehabilitation. 2. (b) Ensure that training is provided to assist supervisors in the recognition and documentation of facts and circumstances that support a reasonable suspicion that an employee may be using illegal drugs or alcohol. (c) Maintain a list of rehabilitation or treatment organizations which provide counseling and rehabilitative programs, which include: a. Name, address, and phone number. b. Types of services provided. C. Contact person's name and phone number. d. Fee structure, including insurance coverage. (2) Visit rehabilitative or treatment organizations to meet administrative and staff members, and ascertain the experience, certification, and education level of staff, and the organization's Policy concerning progress reports on clients and Post-treatment follow-up. 7.504 GENERAL NOTICE (1) A general notice from the City of Round Rock announcing the Drug Free Workplace Policy will be provided to all employees. The notice shall explain: (a) The purpose of the Drug -Free Workplace Plan. (b) The availability and procedures necessary to obtain counseling and rehabilitation through EAP. (c) That opportunity will be afforded to submit medical documentation by lawful use of an otherwise illegal drug. 7.505 SIGNED ACKNOWLEDGMENT Each employee shall be asked to acknowledge in writing the receipt of the City's proposed drug-free program. If the employee refuses to sign the acknowledgment form, the employee's supervisor shall note on the acknowledgment form that the employee received the notice. This acknowledgment, which is advisory only, shall be centrally collected for easy retrieval by Department Heads. An employee failure to sign the notice shall not affect the implementation of the order since the general notice will previously have notified all City employees of the requirement to be drug-free. 3. 7.506 PROCEDURES/RULES (1) If an employee is reasonably suspected of using or being under the influence of illegal drugs or alcohol at the workplace, the appropriate supervisor will gather all information, facts and circumstances leading to and supporting the suspicion and inform the Department Head and Drug Program Coordinator (Personnel Manager) of the findings of reasonable suspicion of using or being under the influence of illegal drugs or alcohol at the workplace. "Hunches" are not considered reasonable suspicion. (2) When the Department Head and Drug Program Coordinator concur that reasonable suspicion determination has been made, the appropriate supervisor will promptly prepare a written report detailing the circumstances which formed the basis of such suspicion. This report should include the related incidents, reliable credible sources of information, and rationale leading to the action taken. (3) The supervisor must then notify the Department Head/Personnel Manager for a review of the evidence. The employee should be interviewed to determine if there is an alternative explanation for their condition, behavior or actions. (4) Employees who are found to possess illegal drugs or alcohol will be subject to disciplinary action, up to and including dismissal (Rule 14.1 Personnel Policy). In addition, the prohibited substances will be confiscated, and if the situation warrants, the matter will be referred to the Police Department for further investigations. (5) If the Drug Program Coordinator or Department Head determines that the employee is in need of treatment, the Drug Program Coordinator or Department Head shall make such recommendation to the employee in writing. Refusal to seek help through the City's EAP or some other recognized treatment program will be subject to disciplinary action up to and including termination. (6) Employees that participate in a rehabilitative program will remain employed with the City of Round Rock contingent upon work performance, compliance with City rules and regulations, and active participation in and compliance with the rules of the rehabilitation program. 4. (7) The City of Round Rock reserves the right to inspect an employee's work station (including all city vehicles and/or work area or locker area) in order to verify compliance with the policy. 7.507 DISCIPLINARY ACTION Employees who successfully complete treatment for substance abuse and subsequently are found to be in possession of, under the influence of alcohol or drugs on the job, will be subject to disciplinary action up to and including termination. 7.508 VACANCY ANNOUNCEMENTS Every vacancy announcement for positions shall state: (Employment Application Form) "All applicants tentatively selected for this position will be required to comply with the City of Round Rock Drug Free Workplace Policy." II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. READ,. PASSED, and ADOPTED on first reading this tf day of , 1991. Alternative 2. READ and APPROVED on first reading this the day of , 1991. READ, APPROVED and ADOPTED on second reading this the day of , 1991. 5. DATE: April 9, 1991 SUBJECT: City Council Meeting, April 11, 1991 ITE{N: 8.0 Consider an ordinance providing for a Drug Free Workplace for city employees. (First Reading) STAFF RESOURCE PERSON: STAFF RECO 44MATION: Linda Gunther The new Texas Workers Compensation Law requires the adoption of a drug abuse policy by each employer with 15 or more employees. The policy must be adopted by the City by April 15, 1991. The policy shall include: A statement of purpose and scope of the policy. A notice of all employees that the distribution, possession or use of a controlled substance is prohibited in the workplace. A description of the consequences of violating the policy. A description of any available treatment programs offered by the City and other resources, and how they may be requested. A description of the availability and requirements of participation in drug and alcohol abuse education and training programs. The statute and regulations do not require an employer to adopt drug testing at this time. Drug testing is without potential legal consequences under both state and federal law; the program must be carefully tailored to provide notice, consent, confidentiality and quality assurance. At this time, the City is proposing a policy which would not include drug testing, but a policy which will be firm and fair. It will signal the City's commitment to provide a drug-free workplace -- a commitment which the City believes is in the best interest of employees, the City and Community.