R-2084-9-02RESOLUTION NO. 2084-9-02(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ADOPTING AMENDMENTS TO THE PERSONNEL POLICIES
AND PROCEDURES MANUAL; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council adopted the City of Allen Personnel Policies and Procedures Manual
("Manual') on June 20,1991; and,
WHEREAS, the Manual contemplates that changes should be made from time to time; and,
WHEREAS, the City Council desires to adopt amendments to the Manual pursuant to Section 1.03B of the
Manual.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City of Allen Personnel Policies and Procedures Manual is hereby amended by replacing
Chapter 12, Discipline, with new Chapter 12, Coaching and Discipline; by amending Chapter 11, Standards
of Conduct by replacing Section 11.03, Sexual Harassment, with new Section 11.03, Harassment; and by
replacing Chapter 14, Drug Free Workplace with a new Chapter 14 Thug Free Workplace all of which are
attached hereto as Exhibit "A" and incorporated herein.
SECTION 2. The City Manager is directed to cause the amendments to be printed and distributed to all
holders of the Manual as set forth herein for the benefit and understanding of all City employees.
SECTION 3. This resolution shall become effective immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 10 DAY OF SEPTEMBER, 2002.
ATTEST:
Jddy Morkso n, CMC/MMCA, CITY SECRETARY
I
APPROVED:
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EXHIBIT "A"
CHAPTER FOURTEEN
DRUG-FREE WORKPLACE
14.01 PURPOSE
A. The City Administration recognizes that drug-free, healthy employees are essential to
having a productive, service-oriented work force. Additionally, it is recognized that
happiness, mental health, and a stable family unit, is consistent with non -drug use.
To that end, Administration seeks to prevent drug use/abuse during employment with
the City of Allen. This policy is designed to eliminate drug and alcohol abuse and its
effects in the workplace. A second and equally important issue is the responsibility
of government to the taxpayers and citizens of Allen to ensure that there is not
deterioration of trust in public employees. While it is recognized that the
consequences of drug abuse are guided by the individual job classification, this policy
serves as an umbrella for all departments.
B. Drug and/or alcohol testing will be conducted based on reasonable suspicion,
following accidents, prior to employment and randomly for certain employees. The
purpose for drug and alcohol testing is to promote a DRUG-FREE WORK
ENVIRONMENT and to protect the employee who might be impaired by the use of a
controlled substance, his/her fellow employees, and the general public, from harm or
' tnlmY
C. The moderate use of alcoholic beverages as authorized by the City Manager at City -
sponsored social functions shall be permitted if such social functions do not occur in
the workplace, during working hours, in a City uniform, or in a City vehicle.
Employees me not allowed to use alcoholic beverages while in uniform after working
hours.
14.02 DEFINITIONS
In order to maintain a drug-free workplace, an employee may not manufacture, distribute,
dispense, possess, use or be under the influence of the following substances or drug
paraphernalia in the workplace, during working hours, otherwise discharging duties as an
employee, or in a City vehicle:
1. Illegal dings, controlled substances, or controlled substances analogues as
used in this policy is defined by Texas Health and Safety Code, as amended
Section 481.002 (5) and (6). Marijuana and abusable glues and aerosol paints
(inhalants) as defined in Vernon's Texas Codes Annotated Health and Safety
Code, as amended Section 485.001.
2. Alcoholic beverages means alcohol or any beverage containing more than
one-half of one percent of alcohol by volume alone or when diluted.
3. Drug paraphernalia means equipment, a product or material of any kind as
' defined in the Texas Health and Safety Code, Section 481.002 (17)
Resolution No. 20849-02(R)
Exhibit "A" — Page 1 of 7
Under the influence of illicit drugs shall mean having present in the body or urine a
quantity of an illicit drug sufficient to register a positive result on the drug screen utilized
by
the City, the testing parameters of which are set forth as follows:
CUT-OFF LEVELS
Blood/Urine
Substance Breath
a)
Cannabinoids (Marijuana) 50 NG/Ml.
b)
Amphetamines 1000 NG/ML
c)
Cocaine 300 NG/ML
d)
Opiates 2000 NG/ML
e)
Phencyclidine (PCP) 25 NG/ML
f)
Barbiturates 300 NG/ML
g)
Benzodiazepines 300 NG/ML
h)
Propoxphene 300 NG/ML
i)
Methadone 300 NG/Ml.
j)
Methaquale 300 NG/ML
Under the influence of alcoholic beverages is defined as follows:
a)
Not having the normal use of mental or physical faculties by reason of the
introduction of alcohol into the body; or
b)
Having an alcohol concentration equal to or greater than 0.04 grams of alcohol per
100 milliliters of blood; or
c)
Having an alcohol concentration equal to or greater than 0.04 grams of alcohol per
'
210 liters of breath.
14.03 TRAINING
EMPLOYEES
In an effort to promote this policy, managers will make their employees available for
training regarding substance abuse prevention. Employees will be required to attend
training, read and discuss the City of Allen's written substance abuse policy or
educational materials regarding substance abuse. Employees shall be required to sign a
statement that they have read and understand the City of Allen's written policy on
substance abuse. Employees and their family members will receive periodic brochures
and information about preventing substance abuse in their family. This may include
payroll stuffers, brochures mailed directly to the employees' homes, and information
about the prevention activities available in their community.
Resolution No. 20849-02(R)
Exhibit "A" — Page 2 of 7
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' Managers (mid-level and department heads) will receive training and information, which
will assist them in determining the presence of substance abuse, including, but not limited
to:
1. Attendance at work
2. Absences—leaving early from work, arriving late at their work site
3. Completion of assigned work
4. Use of sick leave
5. Punctuality in work and frequency of leaving work early or tendency to "disappear'
for periods during the day
6. Excessive use of health claims
7. Use of disability payments
8. Availability and willingness to perform work in an overtime status (if applicable)
i KIMIDMWOW
To insure compliance with the rules of this Substance Abuse Policy, the City may require
that an employee or job applicant submit to a blood, urine and/or breathalyzer to detect
the presence of illegal or alcohol and as a condition of employment or continued
employment under the following circumstances:
1. Prior to employment with the City of Allen, all persons shall be required to
' submit to a drug urine test as a part of the pre-screening process. An
unconditional job offer is extended when results are negative for the presence
of drugs at levels defined by Chapter 49 of the Texas Penal Code.
2. All employees who have sustained an injury or who are involved in an
accident while on duty, shall be required to submit to a drug and alcohol urine
test in the following situations:
A. When an employee sustains a job injury, which reasonably, may
require medical attention.
B. When an employee is involved in an accident in which safety
regulations, orders or protocol are violated or which results in damage
to equipment or property.
C. When an employee is involved in any vehicle accident.
Drug testing shall not be required if an employee sustains an injury due to the
intentional conduct or deliberate acts of another individual or the employee is
bitten or attacked by an animal.
3. All employees shall be required to submit to drug and alcohol testing via
blood, urine and/or breath alcohol tests, if one of their supervisors has a
reasonable suspicion. This suspicion most be based on specific, observable
facts that the employee is in violation of the rules of this policy or any other
disciplinary rule of the City of Allen relating to drug or alcohol use. The
Human Resources Director or designee must approve any drug and alcohol
' test ordered under reasonable suspicion. Reasonable suspicion may be based
on, but is not limited to the following criteria:
A. Direct observation of drug or alcohol use or possession; or
Resolution No. 20849-02tR1
Exhibit "A" - Page 3 of 7
B. Physical symptoms of being under the influence of a drug or alcohol
such as poor coordination or reflexes, significant confusion,
Refusal to be tested in any of the aforementioned circumstances may result in non -
selection for an applicant or discipline up to and including termination.
The City of Allen reserves the option to substitute a blood or urine test with a breath
alcohol test performed by local law enforcement officials or appropriately trained
medical personnel.
14.05 NOTIFICATION
Pursuant to the Drug -Free Workplace Act, The City of Allen requires employees to notify
his/her supervisor of any criminal State or Federal drug statute conviction for a violation
occurring in the workplace by the employee no later than five days after the conviction.
Resolution No. 20849-02(R)
Exhibit "A" — Page 4 of 7
disorientation, glassy or blood shot eyes and slurred speech; or
C. A pattern of abnormal or erratic behavior, including on the job
accidents; or
D. Any arrest or conviction for a drug or alcohol related offense or the
identification of an employee as the focus of a criminal investigation
into illegal drug possession, use or trafficking; or
E. Information provided by reliable and credible sources or information
which is independently corroborated; or
F. Any evidence that an employee has tampered with a previous drug
and/or alcohol test.
4. All employees who have been promoted within their division or promoted to
another department shall be required to submit to the drug and alcohol testing
part of routine physical examinations as a condition of the promotion.
5. Random testing will be directed by the Human Resources Director or
designee. If random testing occurs, it will be done consistently and
methodically without preference and partiality based on a random selection
method developed by the Human Resources Department, that insures
impartiality. All appropriate employees will be included in the random testing
program. All drug testing will be done in a manner that will minimize
inconvenience to employees, while maximizing its accuracy. Random sample
selection (employees and dates for test) will be done with a computer program
for statistical random validity monitored by the Human Resources
'
Department.
6. All employees who are subject to United States Department of Transportation
rules regarding safety sensitive positions shall be subject to breath test for
alcohol and urine test for the presence of illicit drugs at detectable limits
established by the Department of Transportation. Such employees may be
subject to the following types of tests pursuant to the Departinent of
Transportation rules: pre-employment tests, post -accident tests, random tests,
reasonable suspicion tests, return to duty tests and follow up tests.
Refusal to be tested in any of the aforementioned circumstances may result in non -
selection for an applicant or discipline up to and including termination.
The City of Allen reserves the option to substitute a blood or urine test with a breath
alcohol test performed by local law enforcement officials or appropriately trained
medical personnel.
14.05 NOTIFICATION
Pursuant to the Drug -Free Workplace Act, The City of Allen requires employees to notify
his/her supervisor of any criminal State or Federal drug statute conviction for a violation
occurring in the workplace by the employee no later than five days after the conviction.
Resolution No. 20849-02(R)
Exhibit "A" — Page 4 of 7
14.06 OVER-THE-COUNTER/ PRESCRIPTION DRUGS
' The City of Allen reserves the right at all times to determine the effect(s) that a
prescribed drug may have upon an employee's work performance and to restrict the
employee's work activity or presence at the work place accordingly. The City also
reserves the right to have a physician of its own choice determine if the medication at the
prescribed dosage produces hazardous effects, and may restrict the employee's work
activity or whether such use is for a non -therapeutic purpose.
It is the employee's responsibility to inform the Human Resources Department when s/he
is taking an over-the-counter or prescription medication the label of which cautions
against driving or operating heavy machinery or which produces adverse reaction that
could affect driving or operating heavy machinery. In this instance, employees will
temporarily be removed from driving or operation of heavy equipment status unless the
prescribing physician specifically permits driving. Failure to notify Human Resources
may result in discipline up to and including termination.
14.07 REHABILITATION
The City of Allen encourages employees and dependents to seek early voluntary
treatment for substance abuse problems through the City's Employee Assistance Program
(EAP), which provides counseling and referral services. However, those who are
discovered by drug testing, being intoxicated, being in possession of controlled
' substances or alcoholic beverages while on duty are subject to discipline will be held to
the full intent of this substance abuse policy and the law, when it exceeds this policy.
14.08 FOLLOW-UP
An employee who voluntarily entered a drug or alcohol rehabilitation program, including
EAP, approved by the City Manager, may be required to submit to additional drug tests at
any time for up to 60 months after successfully completing a drug or alcohol
rehabilitation program. If an employee who voluntarily entered an approved drug or
alcohol rehabilitation program subsequently tests positive for illicit drugs, s/he will be
subject to immediate discipline up to and including termination.
14.09 CONFIDENTIALITY
Laboratory reports or test results shall be maintained in the Human Resources
Department in a confidential medical file separate from the employee's official Personnel
files. The reports or test results may be disclosed to City management strictly on a need -
to -know basis and to the tested employee or applicant upon request. Disclosures, without
patient consent, may also occur when:
A. The information is compelled by law or by judicial or administrative process;
B. The information has been placed at issue in a formal dispute between the
employer and employee;
' C. The information is to be used in administering an employee benefit plan;
D. The information is needed by medical personnel for the diagnosis or treatment
of the patient who is unable to authorize disclosure.
Resolution No. 20849-02(R)
Exhibit "A" — Page 5 of 7
14.10 REFUSAL
Refusal to submit to drug and alcohol testing when required by the City of Allen will
result in automatic termination of an employee from employment or rejection of a job
applicant. Under the provisions of this policy, all employees of the City of Allen are
required to sign the `Notice of Administrative Inquiry."
14.11 POSMVE RESULTS
Termination of an employee or automatic rejection of a job applicant will also occur if
the employee or job applicant submits a urine, blood or breath sample which tests
positive for the presence of controlled substances.
It shall be an affirmative defense under this policy that the employee or job applicant has
a valid prescription from a licensed medical practitioner for the positively tested,
controlled substance, or has ingested an over-the-counter medication administered in
accordance with the manufacture's instructions. The controlled substance taken from a
therapeutic purpose prescription must be taken in the prescribed dosage by the employee
or job applicant and shall be prescribed for the employee or job applicant who tests
positive. The burden of proving such defense as provided herein shall rest on the
employee or job applicant.
All employees who are terminated for testing positive for illicit drugs or alcohol,
' tampering with a urine or blood sample or refusing to take a drug test shall be ineligible
for rehire with the City of Allen, unless such rehire is required by law.
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Resolution No. 20849-02(R)
Exhibit "A" — Page 6 of 7
NOTICE OF ADMINISTRATIVE INQUIRY
' Employee Name:
Position:
Department: _
Date:
The purpose of this inquiry is to investigate job-related matters. Information you give in
this inquiry will not be disclosed to any law enforcement agency and cannot be used in
any criminal proceeding or prosecution. Since this inquiry is job related, you are directed
to answer all questions truthfully. Failure to cooperate will be considered an act of
insubordination and may result in disciplinary action up to and including termination.
Information discussed in this inquiry is confidential but will be used by the management
of yaw department and by the City as necessary for the proper management of the City.
You are directed not to discuss these matters outside of this inquiry with any person,
including witnesses and potential witnesses. Violation of this order could result in
disciplinary action up to and including termination.
Your failure to make a written/oral statement in response to this inquiry may result in
' disciplinary action up to and including termination. Your statement, as well as any
information or evidence obtained via yaw statement, may not be used against you in any
criminal proceeding or prosecution; however, you maybe subject to criminal prosecution
for any false statements made by you in this administrative inquiry. A failure to
cooperate in this inquiry and a violation of this order by you will be considered
insubordination and may result in disciplinary action, including termination.
1
I acknowledge receipt of this Notice
(Employee's signature)
(Date)
Resolution No. 20849-02(R)
Exhibit "A" — Page 7 of 7