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HomeMy WebLinkAboutResolution No. 92-09 � �' � � / ... �� RESOLUTION NO. R92-� A RESOLUTION AMENDING THE CITY OF FRIENDSWOOD, TEXAS, ALCOHOL AND DRUG FREE WORKPLACE POLICIES AND PR(�CEDURES HERETOFORE ADOPTED PURSUANT TO RESOLUTION NO. 91-41, PASSED AND APPROVED THE 9TH DAY OF SEPTEMBER, 1991. * �x * * * BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. The City of Friendswood, Texas, Alcohol and Drug Free Workplace Policies and Procedures, heretofore adopted pursuant to City of Friendswood Resolution No. 91-41, passed and approved the 9th day of September, 1991, are hereby amended by striking all of paragraphs 12 and 13 of Subsection A of Section VII thereof and substituting therefor the following: "12 . During the period of such further inquiry, the employment process for applicants will be placed on hold and the employment status of an employee or designated contractor may be suspended. An employee who is suspended pending such further inquiry will be permitted to use any available leave in order to remain in an active pay status. If the employee has no annual leave or chooses not to use it, the suspension will be without pay. "13 . If such further inquiry upholds or confirms the employee's position, the employee may be reinstated with back pay and reimbursed for any independent drug testing costs that may have been incurred incident to the inquiry. Provided, however, nothing contained herein shall be construed to extend to any such employee a property interest in employment, it being specifically recognized hereby that employees of the City serve at the will and pleasure of the City Manager and may be discharged at any time, with or without cause. " Section 2. Said City of Friendswood, Texas, Alcohol and Drug Free Workplace Policies and Procedures are hereby further amended by striking therefrom the "General Consent to Drug Testing" form found on page ii thereof and substituting therefor the following: "GENERAL CONSENT TO DRUG AND ALCOHOL TESTING "I have read and I understand the City of Friendswood, Texas, Alcohol and Drug Free Workplace Policies. "I understand that my employer reserves the right to require me to submit to certain tests, such as tests that analyze urine and/or blood plasma, and that a positive finding as a result of such tests indicating the presence of drugs or alcohol in my body system may subject me to disciplinary action, up to and including discharge. "I understand that T cannot be compelled to give a specimen of my urine and/or blood plasma for the purpose of determining the presence of drugs or alcohol in my body system. I also understand that if I refuse to provide such a specimen or fail to cooperate with such tests, I may be subject to disciplinary action, up to and including discharge. "I hereby agree to provide urine and/or blood plasma specimens when requested to do so by the City, and further authorize the testing agency to disclose to my employer the results of tests made of my urine and/or blood plasma specimens. "I further hereby agree that in the event of my disability this document shall constitute full and sufficient authority for the collection of urine and/or blood plasma specimens and the conduct of drug and/or alcohol tests by the institution providing my care, or by such other agency duly authorized for such purpose by the City. "I acknowledge that, if I continue to work for the City and accept the benefits of that employment, the City will construe my continued employment as my consent to the terms of the City's Alcohol and Drug Free Workplace Policies and my agreement to have these Policies become part of the terms and conditions of my continued employment. I understand that if I do not wish to be subject to the Alcohol and Drug Free Workplace Policies, I can resign my employment. -2- . � � � . (Signature of Witness) (Signature of Yndividual) (Date) (Printed Name of Individual) " Section 3 . Said City of Friendswood, Texas, Alcohol and Drug Free Workplace Policies and Procedures are hereby further amended by striking all of Subsection C of Section VII and substituting therefor a new Subsection C to provide as follows: "C. Testing of 5uccessful Job Applicants "1. Al1 persons selected for employment with the City shall, prior to assuming such position of employment, be subject to alcohol and drug testing as part of the routine employment selection process. "2 . A successful job applicant who declines to undergo such initial employment testing or who declines to cooperate in the administration of testing shall have his or her appointment withdrawn. "3 . A successful job applicant who fails the initial employment alcohol or drug test shall have his or her appointment withdrawn. "4. Prior to collection of a specimen, the successful job applicant shall be notified that the specimen will be tested for the presence of controlled substances. " Section 4. Said City of Friendswood, Texas, Alcohol and Drug Free Workplace Policies and Procedures are hereby further amended by striking therefrom the "Consent to Pre-Employment Drug Test" form found on page iii thereof and substituting therefor the following: "CONSENT TO INITIAL EMPLOYMENT DRUG AND ALCOHOL TEST "I understand it is the policy of the City of Friendswood, Texas, to conduct urine and/or blood plasma tests of successful job applicants for the purpose of detecting drug and/or alcohol abuse. I further understand that one of the requirements for confirmation of employment with the City is the satisfactory passing of the City's drug and alcohol tests. I agree to take -3- urine andJor blood plasma tests as part of the regular employment screening conducted by the City. "I agree to take such initial drug and alcahol tests as described herein and to take such further tests whenever requested by the City, and I understand that the taking of said tests is a condition of my continued employment. I also give consent to the testing agency to release to the City the results of any such tests made of my urine and/or blood plasma specimens. "At this time I do hereby specifically consent to an initial employment drug and/or alcohol test and to the release by the testinq agency of the results of such tests to the City. Signed: Printed Name: Date: Witness: " Section 5. Said City of Friendswood, Texas, Alcohol and Drug Free Workplace Policies and Procedures are hereby further amended by striking all of the third paragraph of the "Test Consent In Reasonable Belief and Post-Accident Situations" form found on page v and substituting therefor a new third paragraph to provide as follows: "I hereby consent to a urine and/or blood plasma test, and give consent to the collecting and testing agencies to disclose to the City Manager or his designee the results of such tests as they relate to me. I further agree to hold the City and its officers and employees harmless from any and all liability in connection with such tests. " Section 6. Said City of Friendswood, Texas, Alcohol and Drug Free Workplace Policies and Procedures are hereby further amended by striking the one paragraph text of the "Consent To Release Test Results" form found on page vii thereof and substituting therefor the following: "I authorize the officers, employees and agents of the drug testing laboratory, specimen collecting -4- agency, and my employer to communicate among themselves for official purposes my drug and/or alcohol test results, both orally and in writing. I also authorize the officers, employees and agents of the drug testing laboratory, specimen collecting agency, and my employer to have continued access to my urine and/or blood plasma specimen for the purpose of any further analysis or studies that may be necessary. " Section 7. Said City of Friendswood, Texas, Alcohol and Drug Free Workplace Policies and Procedures are hereby further amended by striking the fourth paragraph of the "Waiver" form found on page ix thereof and substituting therefor the following: "For myself and my successors, assigns, heirs, and executors and administrators, I hereby release, absolve, remise, agree to save harmless, forever discharge and hold free and harmless from all injury, damage, or liability of whatsoever nature to me, the City, its officers and employees, from and against any and all suits, actions, or causes of actions at law, claims, demands, or liability which I have now or may ever have resulting directly, indirectly, or remotely from my providinq a urine and/or blood plasma specimen so that it may be analyzed for the presence of drugs or alcohol. " Section 8. Said City of Friendswood, Texas, Alcohol and Drug Free Workplace Policies and Procedures are hereby further amended by adding to each form, contained on paqes i through xii, a signature line and line for the printed name of the parent or guardian of any minor required to execute any such form, with a notation thereon that no minor shall be employed in the service of the City whose parent or legal guardian does not fully execute each form required to be executed by such minor employee. PASSED, APPROVED, AND RESOLVED this �rd day of February, 1992. -5- . n � ' i I Paul W. rader Mayor ATTEST: Delo is Arche , CMC City Secretary R92-9 -6-