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HomeMy WebLinkAboutResolution 1396t i A Resolution ~~o~Ullo~ Ho~~ f WHEREAS, on December 15, 1981, the City Council of the City of Fort Worth passed Ordinance No. 8486, which provided for the establishment, regulation and maintenance of a merit system now contained in Article V of Chapter 2, of the Code of the City of Fort Worth (1986) as amended; and WHEREAS, Article V of Chapter 2 provides that the Personnel Director shall prepare personnel policies which shall provide for such rules, practices and procedures as may be necessary for the effective administration of the City's Merit System; and WHEREAS, such personnel policies, when approved by the City Manager, shall be proposed to the City Council, and the Council may, by resolution, adopt them with or without amendment; and WHEREAS, the Personnel Director has prepared the attached addition to the City's personnel policies now entitled "Personnel Rules and Regulations," which volume is available for inspection and on file as a public record in the Office of the City Secretary; and WHEREAS, the attached revision to such policies has been approved by the City Manager and is hereby proposed to the City Council as an amendment to the City's "Personnel Rules and Regulations"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: That the City Council hereby adopts, without amendment, the attached addition to the personnel policies as an amendment to the "Personnel Rules and Regulations" to facilitate administration of the City's Merit System, as provided in Article V of Chapter 2 of the code of the City of Fort Worth (1986) as amended. Adopted this ~" -day of 1989. CTrY OP PORT ~IIORTH APPROVED BY CItY COl}NClL MAR 16 1999 Ctty $ec~etary o4 the 6itq. ai Fort ~iotth; ?eA'AW SUBJECT DRUG-FREE WORKPLACE SECTION - NUMBER 10 PAGE 1 OF 2 SATE APPROVED BY COUNCIL ~ ~ APPROVED BY CITY MANAGER 1 1.0 Purpose: This policy presents the essential provisions contained in the Omnibus Drug Initiative Act of 1988 which was signed into law on November 18, 1988 and became effective on March 18, 1989. This Act requires recipients of federal contracts for over $25,000 and all grantees to certify that they maintain a drug-free workplace. 2.0 Deyartments Affected: All departments. 3.0 Policy: 3.1 The City of Fort Worth shall, in compliance with the Omnibus Drug Initiative Act of 1988, take those steps required by the Act to ensure that its workplace is a drug-free workplace. 3.2 All employees shall receive a .copy of the City's "Policy Regarding Controlled Substance Abuse" (Appendix 5.1). With the approval and enactment of this policy, current employees shall be issued a copy of the policy, and all persona newly hired by the City shall receive a copy of the policy during the new employee orientation process. 3.3 Any employee found in violation of this policy shall be disciplined, and such discipline may include termination or the successful completion of a drug rehabilitation program. 3.4 The City provides an Employee Assistance Program which is designed to assist employees and their families with personal or behavioral problems that have or could adversely affect fob performance. 4.0 Procedures/Rules: 4.1 The City of Fort Worth shall issue a policy statement to all employees notifying them that the City is committed to maintaining a drug-free workplace. This policy statement shall be given to all persons newly hired by the City during new employee orientation (See Appendix 5.1). 4.2 The City shall establish a drug-free workplace awareness program to make employees aware of the dangers of drug abuse and the help that ie .available to combat this problem. EL REGULA71~ REVISION NO. EFFECTIVE DATE 4.2.1 This program shall include an educational component designed to inform employees of the dangers of drug abuse in the workplace. 4.2.2 This program shall inform all employees of the City's commitment to maintaining a drug-free workplace. 4.2.3 Thia program shall direct employees to seek help through the City's Employee Assistance Program. 'r" `_ - CfTY OF FORT SUBJECT REVISION NO. 10 DRUG-FREE 4i0RKPLACE EFFECTNEDATE PAGE2 OF 2 ATE APPROVED BY COUNCIL APPROVED BY CITY MANAGER 4.2.4 Thia program shall alert employees to the penalties and consequences they will incur for drug abuse violations at the workplace. 4.3 Under the Omnibus Drug Initiative Act, employees must as a condition of employment: 4.3.1 Abide by the terms of the City's "Policy Regarding Controlled Substance Abuse"; and, 4.3.2 Notify their supervisor or Division Read of any criminal drug statute conviction (or a plea of no contest) for a violation occurring at the workplace no later than 5 days after such conviction. 4.4 A Department Head, upon receiving notification of an employee's conviction (or a plea of no contest), must notify the Personnel Director immediately. The Personnel Director must ensure that the appropriate federal funding agency is notified of the conviction (or a plea of no contest) within 10 days after the City was notified of the conviction (or a plea of no contest). Failure to do so could jeopardize the City's receipt of federal monies. 4,5 The Omnibus Drug Initiative Act requires the City to take appropriate disciplinary action within 30 days after receiving notice of an employee's conviction (or a plea of no contest) of a criminal drug statute for a violation occurring at the workplace. 4.5.1 The disciplinary action may include termination or require the employee to satisfactorily participate and complete a drug assistance or rehabilitation program as a condition of continued employment. 4.5.2 The action taken will be considered on a case-by-case basis, and such decisions shall include the advice and counsel of the Personnel, Puhlic Health and Law Departments. 4.6 Supervisors who suspect an employee is involved in some illegal drug- related activity should notify departmental management and consult with the Personnel Director to determine what course of action will be taken. 4.7 All supervisory personnel should familiarize themselves with the City's "Employee Assistance Program Policy" (I- ) and the "Handling Intoxicated Employees at the F/orkplace" policy (F-lI). 5.0 Appendix/Appendices: 5.1 Policy Regarding Controlled Substance Abuse. SECTON POLICY REGARDING CONTROLLED SUBSTANCE ABUSE . It is the policy of the City of Fort Worth to provide employees with a working environment that is free of the problems associated with the use and abuse of controlled substances.* The use of controlled substances is inconsis- tent with the behavior expected of employees and subjects the City to unaccept- able risks of workplace accidents or other failures that would undermine-the City's ability to operate effectively and efficiently. The City considers employees who use such substances to be leas reliable and stable and lacking in good judgment. Noncompliance with the policy set forth below will result in disciplinary action. I. The non-prescriptive use, sale, possession, distribution, dispensation, manufacture, or transfer of controlled substances on City property or other work sites where employees may be assigned or elsewhere during work hours is strictly prohibited. Further prohibited is the use, sale, possession, distri- bution, dispensation, manufacture, or transfer of controlled substances on nonworking time to the extent such use impairs an employee's ability to per- form his/her job or where such use, sale, possession, distribution, manufac- ture, or transfer affects the reputation of the City to the general public or threatens its integrity. Persons violating the City Policy will be subject to disciplinary action, which may include termination for a first offense. II. Employees who are convicted of controlled substances related violations in the workplace under state or federal law or who plead guilty or nolo conten- ders to such charges must inform the Personnel Director/Department Head within five days of such conviction or plea. Failure to do sa will result in disci- plinary action, including termination from employment for a first offense. Employees convicted or pleading guilty or nolo contenders to such drug-related violations must successfully complete a drug abuse assistance or similar pro- gram as a condition of continued employment or reemployment. I have read and understand the foregoing Policy and agree to abide by its terms. Date Employee *"Controlled substances" is defined to mean those drugs listed in sched- ules I through V of section 202 of the federal Controlled Substances Act, 21 U.S.C. 3 812, and includes, but is not limited to, marijuana, cocaine, (includ- ing "crack" and other cocaine derivatives), morphine, heroin, amphetamines, and barbiturates. When used in this policy, the term "drugs" means "controlled substances." The term does not include those controlled substances used pursuant to and in accordance with a valid prescription.