0911
17
ORDINANCE 911
NO. 12-89
AN ORDINANCE iO ESiABLISH A DRUG FREE
WORKPLACE POLICY FOR CI1Y EMPLOYEES OF 1HE
CI1Y OF JACKSONVILLE, DECLARING AN EMERGENCY
AND FOR 01HER PURPOSES.
WHEREAS, it is the purpose of this Ordinance to enable the
City of Jacksonville, Arkansas (the "City") to establish a Drug
Free Workplace policy for City Employees of the City of
Jacksonville.
NOW ~HEREFORE, BE 11 ORDAINED by the City Council of the City
of Jacksonville, Arkansas:
SEC1ION 1: 1he City Council of the City of Jacksonville,
Arkansas hereby adopts the following Drug Free Workplace policy
to be added to the City of Jacksonville Employee personnel
Handbook (adopted by Ordinance No. 901):
DRUG FREE WORKPLACE POLICY
(A) It is the policy of the City of Jacksonville to maintain
a work environment free from the unlawful manufacture, distribu-
tion, dispensationf possession, or use of a controlled substance
(as defined by the Federal Control Substance Act or similar state
statutes) and free from the use, possession, and effect of alco-
holic beverages. 1he City of Jacksonville recognizes that drugs
and alcohol impair employee judgment, which may result in
increased safety risks, hazards to the public, employee injuries,
faulty decision-making, and reduced productivity. 1herefore, the
City of Jacksonville expects all employees to be in a state of
mind and physical condition fit to complete their assigned duties
safely and competently during work hours.
(1) 1he unlawful manufacture, distribution, dispen-
sation, possession, or use of a controlled substance or the
possession or use of an alcoholic beverage by an employee while
on duty or during lunch or other breaks or at any time while the
employee is on a City work site or on City working time or at any
time while using a City vehicle or other motorized equipment is
absolutely prohibited and constitutes cause for immediate ter-
mination of employment.
(2) Any employee convicted (a finding of guilt,
including a plea of guilty or nolo contendere, or imposition of
sentence or both, by any judicial body charged with the respon-
sibility to determine violations of federal or state criminial
statutes) of violating criminal statutes pertaining to controlled
substances or alcohol occurring on or off City property, or on a
City work site or on City working time while conducting City busi-
ness, must immediately (no later than 5 days from the date of the
conviction) report the conviction to their supervisor or be sub-
ject to disciplinary action up to and including termination of
employment. Such conviction may itself also constitute grounds
for disciplinary action up to and including termination of
employment.
(3) All employees using a prescription or non-
prescription drug which may in any way affect their job perfor-
mance must promptly notify their supervisor in writing as to the
possible effects of such medication on the performance of their
1~
assigned duties and related physical mental capability. A
City Department Head or supervisor may require a physician's
statement if the employee indicates that there is a need to use a
prescription or non-prescription drug for four days or longer.
(B) Effective September 21, 1989, if a City Department Head
or Supervisor has reasonable suspicion that an employee, at work
or when reporting to work, appears to be under the influence of a
controlled substance or an alcoholic beverage and therefore
appears to be impaired and unfit for duty, the employee will be
required to consent to a drug/alcohol test. If an employee re-
fuses to consent to an immediate drug/alcohol test, this shall be
grounds for disciplinary actin, up to and including termination
of employment.
(1) Reasonable suspicion is a belief based on objec-
tive facts sufficient to lead a reasonably prudent person to
suspect that an employee is under the influence of a controlled
substance or an alcoholic beverage so that the employee's ability
to perform the functions of the job is impaired or so that the
employee's ability to perform the job safely is reduced.
(2) Observations which constitute a factual basis for
determining reasonable suspicion may include, but are not limited
to: the odor of an alcoholic or intoxicating beverage, erratic
behavior; violent mood swings; excessive absenteeism, including
tardiness; a medical emergency which could be attributed to
substance or alcohol abuse; physical on-the-job evidence of
substance or alcohol abuse; documented deterioration in job per-
formance; apparent lack of motor skills or lack of physical coor-
dination; or an accident which is caused by the apparent action
or inaction of the employee.
(3) ihe Department Head or Supervisor will describe the
incident in writing, documenting the circumstances leading to the
conclusion that a drug/alcohol test is necessary. Such document
will include the date, time, place, description of the incident,
and statements of any witnesses. Any other evidence such as
drugs, drug paraphernalia, containers, etc. will be collected.
(4) After documenting the incident, the Department Head
will contact the Mayor, or his designated representative, to
determine if drug/alcohol testing is appropriate and, if
appropriate, will arrange for testing, immediately if possible.
If drug/alcohol testing is appropriate the Department Head or
Supervisor will transport the employee to a drug/alcohol test
collection facility. ihe drug/alcohol test may be a type based
on urine, breath or other type of sample as appropriate. After
testing, the employee will be transported home by his Supervisor
or relative and told not to report to work until the results of
the test are known. If the employee's Supervisor reasonably
determines that the employee is incapable of being managed, the
Police Department or other government agency may be contacted for
assistance.
(C) Effective September 21, 1989, in the event of a
workplace accident, not necessarily resulting in an on-the-job
injury, a City Department Head or Supervisor may require those
employees in the work group experiencing the accident to submit
to a drug/alcohol test under the guidelines set forth above for
reasonable suspicion testing.
(1) Additionally, a City Department Head or Supervisor
may conduct a thorough search of any City property at any time
and especially when employees in a work group experience an acci-
dent. City property includes, but is not limited to, City owned
or leased buildings, parking facilities, City vehicles or
motorized equipment, containers located in or on City vehicles or
motorized equipment, as well as lockers and desks.
-2-
10(
(2) ihe personal property of City employees may also be
searched if the employee's personal property is on City property.
City employees are hereby notified of such provision and are
hereby deemed to consent to the search of any items or personal
property brought upon City property. Whether or not a consent
form is signed, any information obtained which may relate to vio-
lations of federal or state criminal statutes will be transmitted
to the appropriate law enforcement agency.
SECiION 2: A copy of this Ordinance shall be posted at all
City offices and facilities.
SECiION 3: Although this Ordinance deals primarily with on-
the-job violations, nothing in this ordinance shall be deemed to
allow off-duty use of drugs or alcohol in an illegal manner, and
any such illegal use may result in disciplinary action, including
termination.
SEC1ION 4: If any provisions, work, clause, sentence, or
paragraph of this Ordinance is held void or unconstitutional, such
holding shall in no way affect the validity of the remaining pro-
visions or sections of this Ordinance, which shall remain in full
force and effect.
SECiION 5: Emergency Clause. Because of the serious impli-
cations of the presenc'e or'. effect of the use of controlled
substances or alcoholic beverages in the workplace and its
resulting risks to the City of Jacksonville and its employees of
injury to life or property, as well as the increased risks to the
general health, safety and welfare of the City's inhabitants, an
emergency is deemed to exist so that the provisions of this
Ordinance upon approval shall be effective as of September 21,
1989.
APPROVED:
,..,/ ~ i>,^
~~~CL~
MAYOR (
A'IiES'I~
/f . '7
( ",// ;/ (' ( /
, ' " ~ \. -
\. ,/ /' f. ."' .../. ".--.-
/"- .._"
/--~.~'<. (I C /j j )-) /"',< e ^.!- -7\, ../-...
" ..... 'A~/ -:'"...:::-___::..~~_.___._i.__::....._..2.._.__L<~-. \< ../ .._ ._.._._
C IT'Y"-CLERK "
-3-