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HomeMy WebLinkAboutResolution No. 91-41 y � k .. .. RESOLUTION NO. 91-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, APPROVING AND ADOPTING THE CITY OF FRIENDSWOOD, TEXAS, ALCOHOL AND DRUG FREE WORKPLACE POLICIES AND PROCEDURES. * * * * * BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. That the City Council of the City of Friendswood, Texas, hereby approve and adopt the City of Friendswood, Texas, Alcohol and Drug Free Workplace Policies and Procedures. A copy of said Policies is attached hereto and made a part hereof for all purposes. PASSED, APPROVED, AND RESOLVED this 9th day of September , 1991. � Paul W. chrader Mayor ATTEST: Del ris Arc er CMC City Secretary ___ _� ___ _ r � .. ' � ....... ,. ,. � . 1 CITY OF FRIENDSWOOD, TEXAS, ALCOHOL AND DRUG FREE WORKPLACE POLICIES AND PROCEDURES I. Policy Statement In order to effectuate an alcohol and drug free workplace, the following general policy statements are hereby adopted: A. Employees shall not be permitted to report to work while under the influence of alcohol or drugs, or to possess or transfer drugs or alcohol to any person while on duty. Provided however, this policy statement shall not be construed to apply to members of the City Police Department or Emergency Medical Technicians when their duties require the lawful possession or transfer of alcohol or drugs. B. Employees who are reasonably suspected of being under the influence of alcohol or drugs shall be prohibited from engaging in further work, and shall be subject to immediate testing in accordance with the procedures herein established. C. In recognition of the serious duties and responsibilities entrusted to employees of the City and that use of alcohol or drugs hinder one's ability to perform and fulfill such duties and responsibilities, these policies are adopted to establish guidelines for the detection and deterrence of alcohol and drug abuse. D. When applying the policies contained herein, management should always focus on the ability of the employee to prosecute his work. Tests and procedures outlined herein are only intended as tools to assist management, not as a replacement of management's responsibilities over employees in the performance of their duties. II. Purpose of Policies The purpose of the alcohol and drug free workplace policies contained herein are as follows: A. To promote and maintain a safe, healthy, and productive work environment for all City employees; B. To ensure the safe and efficient delivery of services to the citizens of the City; C. To eliminate the abusive use of alcohol, illegal drugs, prescription drugs, or any other substance which could impair an employee's ability to perform safely and effectively the functions of any given job; and D. To establish compliance by the City with any and all state and federal rules and regulations relating to the , , establishment and maintenance of an alcohol and drug free workplace. III. Definitions For the purposes of these policies the following words, terms, and phrases shall have the meanings ascribed thereto: A. "Alcohol" means any beverage that contains ethyl alcohol (ethanol) , including, but not limited to, beer, wine, and distilled spirits. B. "Biological testinq" or "chemical testing" or "drug testing" means the scientific analysis of urine, blood, breath, saliva, hair, tissue, and other specimens of the human body for the purpose of detecting an alcohol or drug. C. "Chain of custodv" means procedures to account for the integrity of each urine specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. These procedures shall require that an approved chain of custody form be used from time to collection to receipt by the laboratory and that upon receipt of the laboratory an appropriate laboratory chain of custody form(s) account for the sample or sample aliquots within the laboratory. Chain of custody forms shall, at a minimum, include an entry documenting date and purpose each time a specimen or aliquot is handled or transferred and identifying every individual in the chain of custody. D. "Collection site" means a place where individuals present themselves for the purpose of providing body fluid or tissue samples to be analyzed for specified controlled substances. A collection site will have all necessary personnel, materials, equipment, facilities, and supervision to provide for the collection, security, temporary storage, and transportation or shipment of the samples to a laboratory. E. "Collection site person" means a person who instructs and assists individuals at a collection site and who receives and makes an initial examination of the specimens provided by those individuals. A collection site person shall have successfully completed training to carry out this function. F. "Contract vendor" means an independent testing or administrative agency engaged for the purpose of implementing one or more procedures in the collection or testing of employees or contract employees for alcohol or drug use. G. "Citv premises or City facilities" means all property of the City including, but not limited to, buildings and surrounding areas on City-owned or leased property, parking lots, and storage areas. The term also includes City-owned or leased -2- � r ' � .. vehicles and equipment wherever located. It also includes premises where the City performs contract services. H. "Confirmatory test" means a second analytical procedure to identify the presence in a urine specimen of a specific drug or metabolite which is independent of the initial test and which uses a different technique and chemical principal from that of the initial test in order to ensure reliability and accuracy. Gas chromatography/mass spectrometry (GC/MS) is the only authorized confirmatory test method. I. "Contraband" means any article, the possession of which on City premises or while on City business, causes an individual to be in violation of a City work rule. Contraband includes illegal drugs and alcoholic beverages, and drug paraphernalia. J. "Controlled substances" means all substances listed on Schedules I through V of the Controlled Substances Abuse Act as those schedules may be revised from time to time. K. "Drua" means any substance that is a controlled substance. L. "Employee" means an employee, contractor, subcontractor, agent, officer, or representative of the City. M. "Illegal druq" means any drug which is not legally obtainable; any drug which is legally obtainable but has not been legally obtained; any prescribed drug not being used for the prescribed purpose; and over-the-counter drug being used at a dosage level different than recommended by the manufacturer or being used for a purpose other than intended by the manufacturer; and any drug being used for a purpose not in accordance with bona fide medical therapy. Examples of illegal drugs are Cannabis substances, such as marijuana and hashish, cocaine, heroin, phencyclidine (PCP) , and so-called designer drugs and look-alike drugs. N. "Initial test" or "screening test" or "preliminary test" means in the context of drug detection an immunoassay screen to eliminate negative urine specimens from further consideration. In the context of alcohol detection, these terms mean an analysis of breath or saliva specimens for the purpose of eliminating negative specimens from further consideration. O. "Legal drug" means any prescribed drug or over-the- counter drug which has been legally obtained and is being used for the purpose for which prescribed or manufactured. P. "Medical practitioner" means a licensed physician. Q. "Medical review officer" means a licensed physician with knowledge of alcohol and drug abuse disorders. The MRO has the knowledge and medical training to interpret and evaluate an -3- individual's positive test result together with his/her medical history and any other relevant biomedical information. R. "Possession" is meant to also include the presence in the body system of any detectable amount of any drug. S. "Reasonable belief" means a belief that the actions or appearance or conduct of a person are indicative of the use of a controlled substance or alcohol. Such a belief is based on objective, articulable facts. A reasonable belief or "for cause" situation is any situation in which an individual's job performance is in conflict with established job standards relating to safety and efficiency. The term includes accidents, near accidents, erratic conduct suggestive of alcohol or drug use, any unsafe performance behaviors, and unexplained deviations from productivity. T. "Under the influence" means a condition in which a person is affected by a alcohol or drug in any detectable manner. The symptoms of influence are not confined to those consistent with misbehavior, nor to obvious impairment of physical or mental ability, such as slurred speech or difficulty in maintaining balance. A determination of being under the influence can be established by a professional opinion, a scientifically valid test, such as urinalysis or blood analysis, and in some cases by the opinion of a layperson. U. "Contract employee in a designated position" means a person who performs safety-sensitive or security-sensitive duties or who is hired to perform duties that are expected to extend beyond ten (10) working days. Examples of safety-sensitive duties include operation of motor vehicles, heavy equipment and machinery, and any duty that involves risk of injury to the employee, co-workers, or the public. Examples of security- sensitive duties include handling or having access to money, negotiable instruments, sensitive information, and similar assets that require a high degree to protection. IV. Applicability A. These Policies apply to all employees, including part- time and seasonal employees, in all departments, and volunteer police and members of the volunteer fire department; contract employees in designated positions; and all job applicants. B. Responsibility for carrying out these procedures rests with managers and supervisors. C. Nothing contained in these Policies shall be construed to limit members of the City's Police Department or City Emergency Medical Corp from possessing, transporting, or administering drugs or alcohol when the lawful performance of their duties require it. -4- V. Prohibited Activities A. Undisclosed Use of a Legal Drug 1. The undisclosed use of a potentially impairing legal drug by any individual while performing City business or while on City premises is prohibited. However, an individual may continue to work, even though using a legal drug if City management has determined, after consulting with appropriate health and/or personnel representatives, that such use does not pose a threat to safety and that the using individual's job performance will not be significantly affected. Otherwise, the individual may be required to take leave of absence or comply with other appropriate action as determined by City management. 2. An individual whose medical therapy requires the use of a potentially impairing legal drug must report such use to his or her supervisor prior to the performance of City business. The supervisor who is so informed will contact the appropriate health and/or personnel representative for guidance. Many legal drugs, although prescribed, are not potentially impairing, e.g. , birth control pills. 3. The City at all times reserves the right to judge the effect that a potentially impairing legal drug may have upon work performance and to restrict the using individual's work activity or presence at the workplace accordingly. 4. An individual using a potentially impairing legal drug is required to inquire of his or� her physician as to the effect that such a drug may have upon the individual's ability to perform, and to report to the individual's supervisor the use of any legal drug that has been determined by the individual's physician to be potentially impairing. B. Illegal Drugs and Alcohol 1. The use, sale, purchase, transfer, or possession of an illegal alcohol or drug by any individual while on City premises or while performing City business is prohibited. VI. Discipline A. Any individual who possesses, distributes, sells, attempts to sell, or transfers illegal drugs on City premises or on City business will be discharged. B. Any individual who shows positive for an illegal alcohol or drug in a biological test conducted under the provisions of these procedures will be subject to discipline up to and including discharge. C. Any employee who is administered for the first time a biological test that shows positive may be allowed, at the -5- , ' . _�, .�. , , discretion of the City Manager, an opportunity to enter and complete a City-approved rehabilitation maintenance program. Failure to enter or complete the program when directed will result in discharge. D. Any individual who shows positive for an illegal drug after having tested positive for an illegal drug in a previous test will be discharged. E. Any individual who refuses to undergo health evaluation and/or biological testing as required herein when requested to do so by the City Manager will be subject to discipline up to and including discharge. F. Any individual who is found to be in possession of contraband will be subject to discipline up to and including discharge. G. Any individual who fails to cooperate during an investigation of a positive test result will be subject to discipline up to and including discharge. H. Any individual who attempts to substitute or contaminate his or her specimen to be presented for testing will be discharged. I. Nothing contained herein shall be construed to limit law enforcement agencies, including that of the City, from investigating and prosecuting criminal conduct as may otherwise be authorized or required by law. VII. Biological Testing Procedures A. General 1. Prior to being tested, the applicant or individual to be tested will be informed in writing of the: - City's Alcohol and Drug Free Workplace Policies, including the testing policies and procedures contained therein; - The individual's right to refuse to undergo testing; - Consequences of refusal to undergo testing; and - Consequences of failure to pass testing. 2 . The person to be tested will be asked to acknowledge receipt and understanding of the notice. 3 . No individual may be compelled to provide specimens for alcohol or drug testing. However, refusal to -6- provide specimens can result in discipline, up to and including discharge for employees or contractors, and termination of the employment process for applicants. 4 . A failure to cooperate in the drug testing process will be regarded as a refusal to provide a specimen and may result in discipline up to and including discharge. 5. Any individual who is found through drug testing to have in his or her body system a detectable amount of an illegal drug will be subject to discipline up to and including discharge. 6. Any applicant who is found through drug testing to have in his or her body system a detectable amount of an illegal drug will be dropped from further consideration as a job candidate. 7. Individuals and applicants who are referred to testing will be provided instructions for reporting to the designated site for collection of specimens. The collection site in most instances will be the collection vendor's clinic. In some instances the collection site may be at a City work location. 8. Individuals who are referred to testing will be given instructions to be prepared to produce at the collection site a form of photographic personal identification (such as a State of Texas driving license) , and to name or describe any medication or potentially cross-reacting food substances ingested in the previous thirty (30) days. 9. The specimen collection vendor and/or drug testing laboratory will be instructed to release test results to designated City officials and/or agents of the City. 10. All information relating to alcohol or drug testing or the identification of persons as users of drugs and alcohol will be protected as confidential unless otherwise required by law, overriding public health and safety concerns, or authorized in writing by the person in question. 11. Any person whose alcohol or drug test is reported positive will be offered the opportunity of a private meeting to offer an explanation. The principal purpose of the meeting will be to determine if there is any reason that a positive finding could have resulted from a cause other than alcohol or drug use. The City, through its health and/or personnel officials, will judge whether an offered explanation merits further inquiry. 12 . During the period of an appeal and any resulting inquires, the pre-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 -7- suspended pending appeal 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 an employee's appeal is upheld, the employee may be reinstated with back pay and reimbursed for any independent drug testing costs that may have been experienced incident to the appeal. 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. 14. An employee whose alcohol or drug test is reported positive will be offered the opportunity to obtain and independently test, at the employee's expense, the remaining portion of the urine specimen that yielded the positive result. Provided, however, the agency conducting any such independent test shall be as approved, in writing, by the City Manager. 15. Records pertaining to the City's drug testing program will be maintained by the contract vendor that provides collection and testing services. 16. The specimen collection vendor will: - Make a positive identification of each person to be tested; - Obtain from the person to be tested a written consent for drug testing; - Obtain information pertaining to medications or possible cross-reacting food substances that were recently ingested by the person to be tested; - Initiate chain of custody documentation for the collected specimen and forward the specimen to the drug testing laboratory for analysis. 17. If an applicant attempts to substitute or contaminate his or her specimen to be tested, the employment process will be terminated. Discipline up to and including discharge will apply to an individual who attempts to substitute or contaminate his or her specimen. 18. Each individual required to submit to drug testing shall, as soon as practicable, provide the required biological specimens for testing. Failure to meet this responsibility is an offense subject to discipline up to and including discharge. -8- B. Testing Criteria 1. The City will perform biological testing of job applicants as part of the routine pre-employment process. Biological testing may also be required of employees and designated contract employees: - In reasonable belief situations; - In post-accident situations; - Upon return of an individual to work following suspension, layoff, or leave of absence; and - Anytime during or following alcohol or drug rehabilitation. 2. An individual's consent to submit to biological testing is required as a condition of employment and the individual's refusal to consent when directed as herein provided may result in disciplinary action, including discharge. C. Testing of Job Applicants 1. All applicants for employment are subject to alcohol and drug testing as part of the routine pre-employment selection process. 2 . An applicant who declines to undergo testing or who declines to cooperate in the administration of testing will be dropped from consideration as a job candidate. 3 . An applicant who fails the pre-employment alcohol or drug test will be dropped from consideration as a job candidate. 4 . Prior to collection of a specimen, an applicant will be notified that the specimen will be tested for the presence of controlled substances. D. Reasonable Belief Testing of Individuals 1. A reasonable belief situation occurs when a supervisor is required by these Policies to make a decision to test an individual whose on-duty conduct indicates impairment by a alcohol or drug. 2 . A supervisor may not make a decision to refer an individual for testing in a reasonable belief situation unless the supervisor, in accordance with these Policies, has completed training in: -9- - Detecting the signs and behavior of persons who may be using drugs or alcohol in violation of these Policies; - Intervening in situations that may involve violations of these Policies; and - Recognizing these activities as a direct job responsibility. 3 . Two (2) supervisors, both of whom are trained in alcohol and drug use detection and intervention, shall substantiate and concur in the decision to test an individual who is reasonably suspected of alcohol or drug use. This paragraph should not be construed to mean that both, or even one, of the two concurring supervisors must have witnessed the behavior which gives rise to the reasonable suspicion. The requirement is for two (2) trained supervisors to evaluate all of the available facts. 4. The decision to proceed with testing will be reported to the City Manager for approval. An exception to the City Manager approval requirement is granted when the approval cannot be obtained within the time parameters for testing, as set forth elsewhere herein. 5. A reasonable and articulable belief that the individual is using a alcohol or drug must be present. The belief must be supported by specific, contemporaneous physical, behavioral, or performance indicators of probable alcohol or drug use. 6. A supervisor participating the joint decision to conduct reasonable belief testing will ensure that the facts of the situation are: - Capable of explanation and substantiation; - Specific, tangible, and contemporaneous; and - Indicative of probable alcohol or drug use by the individual. 7. The evidence of probable current alcohol or drug use could include any of the common indicators of impairment, e.g. , stupor, excitation, slurred speech, staggering gait, loss of psychomotor control, marked changes in behavior, or the smell of alcohol. 8. Examples of unacceptable conduct that suggest alcohol or drug impairment include, but are not limited to: - Being at fault in an accident; -10- - Engaging in violent or disruptive behavior; - Being absent from the job excessively without explanation; - Engaging in unexplained erratic behavior; - Making mistakes in judgment or reasoning; and - Deviating from productivity norms and safe working practices. 9. Unacceptable conduct can take many forms, but must be accompanied by indicators of impairment for it to be considered indicative of alcohol or drug use. 10. The reasonable belief determination will be made and tests for alcohol and drugs will be conducted as soon as possible following the conduct which gave rise to the reasonable belief, and in no case longer than twenty-four (24) hours for indicated drug use and no longer than four (4) hours for indicated alcohol use. il. In testing for alcohol use, the individual will be administered a preliminary test that is based on the analysis of saliva or breath specimen. This preliminary test may be conducted by a contract vendor trained in the administration of preliminary alcohol tests, or by another City employee trained and certified to administer same. 12 . If the preliminary test for alcohol is positive, a blood specimen will be drawn by a contract vendor who is trained and certified in the collection of blood specimens. 13. In testing for drug use, a urine specimen will be collected from the individual. 14. The supervisor(s) involved in the reasonable cause determination will ensure that the individual is transported immediately to a collection site for collection of the necessary breath, saliva, urine, or blood specimens. 15. An individual being processed for testing under these procedures will not be allowed to: - Operate a motor vehicle to or from the specimen collection site or from the place of work. Transportation for the individual will be provided by the City at the direction of the supervisor involved; or - Engage in any safety sensitive activities unless and until negative test results have been received. -11- � , �, ,,,a. , � , . 16. If the individual refuses to comply with the supervisor's prohibition against operation of a motor vehicle, he will be subject to immediate discharge. 17. The supervisor(s) who decides to administer reasonable belief testing shall prepare an after action report that includes the facts that led to the decision to test, the steps taken to obtain testing, the names of persons who have knowledge of the situation, and other related details. 18. The documentation of the individual's conduct will be prepared and signed by the supervisor(s) within twenty-four (24) hours of the observed behavior or before the results of the tests are released, whichever is earlier. 19. An individual who is tested as the result of involvement in a reasonable belief situation may be suspended without pay pending completion of whatever inquiries may be required. E. Post-accident Testing 1. Post-accident testing is warranted following any accident in which violations of safety procedures occur, resulting in either property damage or personal injury. 2 . The individuals to be tested in a post-accident situation include any individual directly involved in the accident whose order, action, or failure to act is determined to be or cannot be ruled out as a causative factor in the events leading to or causing the accident. 3. The supervisor having functional responsibility for investigation of the accident shall make a timely, good faith determination as to whether the accident meets the requirements of these procedures, and if so, to take all practicable steps to have each directly involved individual tested for evidence of alcohol and drug use. 4. As soon as practicable following an accident, the supervisor shall make arrangements for the directly involved individual to provide specimens. 5. The timeframe for obtaining specimens related to drug impairment is twenty-four (24) hours, and for alcohol impairment, four (4) hours. 6. An individual who because of injury cannot provide a specimen at the time of the accident shall provide the necessary authorization for obtaining hospital reports and other documents that would indicate involvement of drugs and alcohol. —12— 7. An individual being processed for testing under these procedures will not be allowed to: - Operate a motor vehicle to or from the specimen collection site or from the place of work. Transportation for the individual will be provided by the City at the direction of the supervisor involved; or - Engage in any safety sensitive activities unless and until negative test results have been received. 8. If the individual refuses to comply with the supervisor's prohibition against operation of a motor vehicle, the supervisor shall report such fact immediately to the City Police Department, and such conduct shall further render such individual subject to immediate discharge. 9. The supervisor having responsibility for investigating the accident shall prepare a post-accident report that includes the facts that led to the identification of the directly involved individuals, the steps taken to obtain testing, the names of persons who have knowledge of the situation, and other related details. VIII. Collection and Analysis Procedures A. Specimen Collection 1. Any collection site designated for use in the City's drug testing program shall have all necessary personnel, materials, equipment, facilities, and supervision to provide for the collection, security, temporary storage, and shipping or transportation of specimens to a certified drug testing laboratory. 2 . Procedures shall provide for the designated collection site to be secure. If a collection site facility is dedicated solely to urine collection, it shall be secure at all times. If a facility cannot be dedicated solely to drug testing, the portion off the facility used for testing shall be secured during drug testing. 3. Chain of custody standardized forms shall be properly executed by the authorized collection site personnel upon receipt of specimens. Handling and transportation or urine specimens from one authorized individual or place to another shall always be accomplished through chain of custody procedures. Every effort shall be made to minimize the number of persons handling specimens. -13- 4. No unauthorized personnel shall be permitted in any part of the designated collection site when urine specimens are collected or stored. 5. Precautions shall be taken to ensure that a urine specimen not be adulterated or diluted during the collection procedure and that information on the urine bottle and in the records can identify the individual from whom the specimen was collected. The following minimum precautions shall be taken to ensure that unadulterated specimens are obtained and correctly identif ied: - To deter the dilution of specimens at the collection site, toilet bluing agents shall be placed in toilet tanks wherever possible, so the reservoir of water in the toilet bowl remains blue. There shall be no other source of water (e.g. , no shower or sink) in the enclosure where urination occurs; - When an individual arrives at the collection site, the collection site person shall request the individual to present photo identification. If the individual does not have proper photo identification, the collection site person shall contact the supervisor of the individual, the coordinator of the drug testing program, or any other City official who can positively identify the individual. If the individual's identity cannot be established, the collection site person shall not proceed with the collection; - If the individual fails to arrive at the assigned time, the collection site person shall contact the appropriate authority to obtain guidance on the action to be taken; - The collection site person shall ask the individual to remove any unnecessary outer garments such as a coat or jacket that might conceal items or substances that could be used to tamper with or adulterate the individual's urine specimen. The collection site person shall ensure that all personal belonging such as a purse or briefcase remain with the outer garments. The individual may retain his or her wallet; - The individual shall be instructed to wash and dry his or her hands prior to urination; - After washing hands, the individual shall remain in the presence of the collection site person and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent, or any -14- other material which could be used to adulterate the specimen; - The collection site person shall make written note of any unusual behavior or appearance; - Upon receiving the specimen from the individual, the collection site person shall determine that it contained at least sixty (60) milliliters of urine. If there is less than sixty (60) milliliters of urine in the container, the specimen will be discarded. The individual may be given a reasonable amount of liquid to drink (e.g. , a glass of water) and will be asked to make a second attempt when ready. If the individual fails for any reason to provide sixty (60) milliliters of urine, the collection site person shall contact the appropriate authority to obtain guidance on the action to be taken; - After the specimen has been provided and submitted to the collection site person, the individual shall be allowed to wash his or her hands; - Immediately after the specimen is collected, the collection site person shall measure the temperature of the specimen. The temperature measuring device used must accurately reflect the temperature of the specimen and not contaminate the specimen. The time from urination to temperature measurement is critical and in no case shall exceed four (4) minutes; - If the temperature of a specimen is outside the range o 32 .5 to 37.7 degrees Centigrade or 90.5 to 99.8 degrees Fahrenheit, that is reason to believe that the individual may have altered or substituted the specimen. An individual may volunteer to have his or her oral temperature taken to provide evidence to counter the reason to believe the individual may have altered or substituted the specimen caused by the specimen's temperature falling outside the prescribed range; - Immediately after the specimen is collected, the collection site person shall also inspect the specimen to determine its color and look for any signs of contaminants; - Specimens suspected of being adulterated shall be forwarded to the laboratory for testing; - Whenever there is reason to believe that a particular individual may alter or substitute the -15- specimen to be provided, a second specimen shall be obtained as soon as possible under the direct observation of a same gender collection site person; - Both the individual being tested and the collection site person shall keep the specimen in view at all times prior to its being sealed and labeled. The collection site person and individual shall be present at the same time during the collection procedures; - The collection site person shall place securely on the bottle an identification label which contains the date, the individual's specimen number, and any other identifying information; - The individual shall initial the identification label on the specimen bottle for the purpose of certifying that it is the specimen collected from him or her; - The collection site person shall complete the chain of custody form; - The urine specimen and chain of custody should now be packaged for shipment. If the specimen is not immediately packaged for shipment, it shall be appropriately safeguarded; and - While any part of the above chain of custody procedures is being performed, it is essential that the urine specimen and custody documents be under the control of the involved collection site person. If the involved collection site person leaves his or her work station momentarily, the specimen and custody form shall be taken with him or her or shall be secured. After the collection site person returns to the work station, the custody process will continue. If the collection site person is leaving for an extended period of time, the specimen shall be packaged for mailing before he or she leaves the site. 6. To the maximum extent possible, collection site personnel shall keep the individual's specimen bottle within sight both before and after the individual has urinated. 7. After the specimen is collected, it shall be properly sealed and labeled. 8. An approved chain or custody form shall be used for maintaining control and accountability of each specimen from the point of collection to final disposition of the specimen. -16- The date and purpose shall be documented on an approved chain of custody form each time a specimen is handled or transferred and every individual in the chain shall be identified. Every effort shall be made to minimize the number of persons handling specimens. B. Transportation to Laboratory 1. Collection site personnel shall arrange to ship the collected specimens to the drug testing laboratory. 2 . The specimens shall be placed in containers designed to minimize the possibility of damage during shipment, such as specimen boxes or padded mailers. Containers shall be sealed to eliminate the possibility of undetected tampering. On the tape sealing the container, the collection site supervisor shall sign and enter the date specimens were sealed in the containers for shipment. 3 . The collection site personnel shall ensure that the chain of custody documentation is attached to each container sealed for shipment to the drug testing laboratory. 4. Blood specimens must be shipped in a cooled condition by any means adequate to ensure delivery within twenty- four (24) hours of receipt by the carrier. Urine specimens shall be shipped by an expeditious means, but need not be shipped in a cooled condition for overnight delivery. C. Analysis at the Laboratory 1. The laboratory shall test for the following major drug classes: - Cannabinoids (marijuana) - Cocaine - Opiates - Phencyclidine (PCP) - Amphetamines - Barbiturates - Methaqualone - Methadone - Benzodiazepines - Propoxyphene -17- 2. In examining specimens for the presence of the designated drug classes, the laboratory shall use cutoff levels that conform to recommendations of the testing systems manufacturers and/or standards of the National Institute on Drug Abuse (NIDA) . 3 . The initial test shall use an enzyme immunoassay, such as the enzyme multiplied immunossay technique (EMIT) . 4. All specimens identified as negative in the initial test will be not further tested and will be reported by the laboratory as negative. 5. All specimens identified as positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MS) techniques. 6. Any specimen identified as negative in the confirmatory test will be reported by the laboratory as negative. 7 Only those specimens that have been confirmed as positive will be reported by the laboratory as positive. 8. Any observation or finding from urinalysis that is unrelated to the detection of drugs will not be recorded or reported by the laboratory. D. Reporting Results. 1. The laboratory will report drug test results to the contract vendor. The contract vendor will refer each positive test result to the contract vendor's Medical Review Officer (MRO) for the purpose of determining if an alternate medical explanation exists for the positive finding. 2 . The contract vendor shall report to the City negative test results within an average of five (5) working days after receipt of the specimen by the laboratory. Positive test results may require ten (10) working days. 3 . The contract vendor shall report to the City as negative all specimens which are negative on the initial test or negative on the confirmatory test. Only specimens confirmed positive shall be reported positive for a specific drug. E. Long-term Storage 1. Unless otherwise authorized in writing by the City, the drug testing laboratory shall retain and place in properly secured long-term frozen storage for a minimum of one (1) year all specimens confirmed positive. 2 . Within this one-year period the City may request the laboratory to retain the specimen for an additional period of -18- time, but if no such request is received the laboratory may discard the specimen after the end of one (1) year, except that the laboratory shall be required to maintain any specimens under legal challenge for an indefinite period. F. Retesting Specimens 1. Because some analytes deteriorate or are lost during freezing and/or storage, quantitation for a retest is not subject to a specific cutoff requirement but must provide data sufficient to confirm the presence of the drug or metabolite. G. Laboratory Facilities 1. Laboratory facilities shall comply with applicable provisions of any state licensing requirements and shall have the capability, at the same laboratory premises, of performing initial and confirmatory tests. IX. Recordkeeping Procedures A. The contract vendor will maintain records of test results on behalf of the City and will ensure that all records related to the administration and results of the drug testing program are maintained for a minimum period of five (5) years except that individual negative test results will be maintained for a minimum of twelve (12) months. B. The contract vendor will retain information that will indicate only the following: - That the individual submitted to a testing; - The date and location of such testing; - The identity of the drug testing laboratory which performed the testing; and - Whether the test findings were "positive" or "negative. " C. The contract vendor shall produce upon demand and will permit the City to examine all records related to the administration and results of testing performed on behalf of and at the direction of the City. X. Confidentialitv A. The contract vendor will ensure that no person will obtain individual test results retained by the contract vendor and will not release individual test results of any individual to any person, without first obtaining written authorization from the tested individual. Statistical information relating to test results of City employes or job applicants may not be released -19- without express written permission of City and the individual tested except when required by law. Nothing in this paragraph will prohibit the contract vendor from releasing individual test results and related information to the City. B. This section does not release an individual from the requirement to notify the City of therapeutic drug use. C. Information obtained by the City from the contract vendor relating to an employee's or applicant's drug test shall be deemed confidential and only those with a need to know are to be informed of the test results. Disclosure of test results to any other person, agency, or organization is prohibited unless written authorization is obtained from the employee or applicant. All records relating to the taking of a drug test or the order to take a drug test shall be deemed confidential unless written authorization has been obtained from the employee or applicant or the records become the subject of a personnel grievance proceeding or a judicial proceeding. XI. Medical Review of Positive Test Results A. An essential part of the drug testing program will be a medical review of positive test results. A positive test result will not automatically identify an individual/applicant as having used drugs or alcohol. An individual with a detailed knowledge of possible alternate medical explanations is essential to the review of positive test results. B. The contract vendor shall retain a licensed physician to serve as a medical review officer (MRO) for the provision of MRO services as part of the City's drug testing program. C. The MRO will have knowledge of substance abuse disorders and will evaluate and interpret each positive test result for determining the possible existence of an alternate medical explanation. In carrying out this function, the MRO may conduct a medical interview with the individual, review the individual's medical history, or review any other relevant biomedical factors. The MRO will review all medical records made available by the tested individual when a confirmed positive test could have resulted from legally prescribed medication. D. Before the MRO verifies a confirmed positive result for opiates, he or she shall determine that there is clinical evidence - in addition to the urine test - of illegal use of any opium, opiate or opium derivative (e.g. , morphine/codeine) . However, this requirement will not apply if the GC/MS confirmation testing for opiates confirms the presence of 6- monoacetylmorphine. E. Should any question arise as to the accuracy or validity of a positive test result, the MRO will order a reanalysis of the original specimen. -20- F. If the MRO determines there is a legitimate medical explanation for the positive test result, the contract vendor will report the test result to the City as negative. G. Prior to making a final decision to verify a positive test result, the MRO will offer the individual an opportunity to discuss the test result either telephonically or in person. Following verification of a positive test result by the MRO, the contract vendor will report the result to the City. H. If the individual is desirous of a second opinion, he or she may request a retest by an alternate laboratory, which alternative laboratory must be approved by the City Manager, of the same specimen at the individual's expense. XII. Employee Assistance Program (EAP� A. Education and Training 1. The City will: - Provide education for employees which addresses the safety and health risks associated with alcohol and drug use; - Provide training for managers and supervisors which addresses the City's intervention tactics for controlling alcohol and drug use in the workplace; and - Document the education and training given to employees, managers, and supervisors. B. Referral and Treatment 1. Employees who have demonstrated unacceptable job performance/conduct which may relate to alcohol or drug use may, in lieu of discharge, be referred to an external EAP contractor for diagnosis, counseling, or treatment. Depending on the diagnosis, an employee may be further referred by the EAP contractor to a City-approved rehabilitation program. 2 . Employees who have been identified through drug testing as users of drugs or alcohol may, in lieu of discharge, be provided a one-time opportunity for rehabilitation. C. Rehabilitation 1. An approved rehabilitation program will be one that: -21- - Requires total abstinence from illegal drugs or alcohol for a period of not less than twelve (12) months; - Includes frequent, unannounced biological testing to determine adherence to the total abstinence requirement; and - Provides services on an outpatient basis in a manner that will allow the employee to maintain a normal work schedule. D. Medical Insurance Benefits 1. An employee referred to diagnosis, counseling, treatment, or rehabilitation may utilize the City's medical insurance benefits to the extent that such benefits provide coverage for the services obtained. XIII. Inspections and Searches A. Search of an individual and/or his or her personal property may be made only when there is reasonable belief that the individual is in violation of these Policies. B. An individual's consent to a search is required as a condition of employment and the individual's refusal to consent may result in disciplinary action, including discharge. C. Illegal drugs, drugs believed to be illegal, and drug paraphernalia found on City property will be turned over to the appropriate law enforcement agency and full cooperation given to any subsequent investigation. Substances which cannot be identified as an illegal drug by a layman's examination will be turned over to a drug testing vendor for scientific analysis. D. Other forms of contraband, such as firearms, explosives, and lethal weapons, will be subject to seizure during an inspection or search. An individual who is found to possess contraband on City property or while on City business will be subject to discipline up to and including discharge or disbarment from the work place. E. Searches of City property such as City vehicles, desks, and lockers may be conducted without express consent but may be made only when there is reasonable belief that an individual using such property is in violation of these Policies. F. Searches will be conducted as follows: l. Each person who agrees to the search will be asked to signify consent by signing a written form prepared for this purpose. Implicit in the consent is agreement by the individual to facilitate access to the interior of the individual's personal -22- vehicle, locker, purse, lunch box, packages or other areas or containers; 2 . After the consent is obtained, the actual searching will begin. The searchers will focus on three places of interest: (1) the person, (2) the person's work station, locker, and other City property used by the employee, and (3) the person's private vehicle, if it is on City premises at the time the search is announced. A search of City property and private vehicles on City property may be conducted with the aid of a canine; 3. The search of the person will be done in a private place. The individual will be asked to remove everything from pockets, purse, billfold, footwear, etc. When these have been checked, the person will be asked to raise trouser legs and roll down socks. Under no circumstances, will there be any touching of the person's body. If a female is to be searched, it will be mandatory to have a female conduct the search, and vice versa; 4. After the personal search is finished, the work station and private vehicle can be searched; 5. The searchers shall: - Act courteously and not subject anyone to accusations or defamatory remarks before, during or after the search; - Avoid any form of touching; - Keep a written record of who was searched; - Document in detail every incident that may lead to disciplinary action. This includes discovery of prohibited items, refusal to participate, suspicious actions, and disturbances; - Photograph the prohibited items discovered. Mark the photographs as to what they show and make them a part of a written report; and - Place prohibited items in containers that are labeled or tagged so as to identify where they were found and by whom. 6. A written report of the search and its findings will be prepared. The report will as least contain: - Date, time, and place of search; -23- - Names of person found to possess or own prohibited items, specific descriptions, and places where found; - Descriptions of incidents pertaining to search refusals, disturbances, and suspicious actions; - Photographs of materials seized; and - Names of searchers. G. Any type or form of search not explicitly described in these procedures is prohibited. Provided, however, nothing in these Policies shall be construed to limit any law enforcement agency, including that of City, from employing such otherwise lawful forms of inquiry or search as may be employed in the investigation and prosecution of criminal conduct. XIV. Employment Status These policies shall not be construed to change or affect the "at-will" employment status of City employees, which means that the employment relationship can be ended by either the City or the employee at any time, with or without cause, and with or without notice. Further, these policies shall not be construed as granting to any employee of the City a property right in such employment, or any expectation of continued employment with the City. The provisions of these policies and the attendant procedures are not intended to be, nor shall they be construed as, contractual in nature. That is, these provisions do not form the basis of any contract between the City and any employee. -24- NOTICE OF LEGAL DRUG USE In accordance with the City of Friendswood, Texas, Alcohol and Drug Free Workplace Policies, please be advised that I am currently taking and possessing at work the following prescription drug which has been prescribed for a valid medical purpose: Name of drug: Prescription number: Prescription date: Prescribing physician's name: This drug produces the following side effects: [ ] Dizziness [ � Drowsiness [ ] Nausea Other: My use of this drug is: [ ] temporary and is expected to end on or about [ J indefinite [ ] permanent I hereby give my consent for the above name prescribing physician to answer questions about my use of this drug. (Individual Name) (Individual Signature) (Date) -i- GENERAL CONSENT TO DRUG 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 conduct drug tests, such as tests that analyze urine, and that a positive finding of such a test may subject me to disciplinary action, up to and including discharge. I understand that I cannot be compelled to give a specimen of my urine for the purpose of determining the presence of drugs 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 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 specimens. 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. (Signature of Witness) (Signature of Individual) (Date) (Printed Name of Individual) -ii- CONSENT TO PRE-EMPLOYMENT DRUG TEST I understand it is the policy of the City of Friendswood, Texas, to conduct urine tests of job applicants for the purpose of detecting drug abuse. I further understand that one of the requirements for consideration of employment with the City is the satisfactory passing of the City's urine drug test. I agree to take a urine test as part of the regular pre- employment screening conducted by the City and understand that a favorable test result does not necessarily guarantee that I will be employed by the City. If I am accepted for employment, I agree to take urine 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 drug testing agency to release to the City the results of any drug tests made of my urine specimens so that I may qualify for employment. At this time I hereby consent to a drug test. Signed: Printed Name: Date: Witness: -iii- TEST CONSENT FOR NON-EMPLOYEES Part I. NOTICE TO SPECIMEN DONOR The City of Friendswood, Texas, Alcohol and Drug Free Workplace Policies state that contractors, subcontractors, vendors, and other non-employees working on City premises may be asked in certain situations to provide urine or blood specimens for drug testing purposes. At this time you are being asked to provide a urine or blood specimen relating to the situation checked below: [ ] Accident [ ) Cause Based on Reasonable Belief [ ] Return to Employment [ ] Other Part II. ACKNOWLEDGMENT AND CONSENT OF SPECIMEN DONOR In the past thirty (30) days, I have taken medications that treat: [ ] Pain [ ] Muscle spasms [ ] Allergies [ ] Nervousness [ ] Nausea, vomiting, diarrhea [ ] Asthma, wheezing [ ] Coughing, sneezing, congestion [ ] Heart problems [ ] Weight problems [ ] Sleeping problems [ ] Depression [ ] Other My employment status is: [ ] Contractor [ ] Subcontractor [ ] Vendor [ ] other I am employed by I understand the City is now asking me to provide a specimen of my urine or blood for drug testing. I hereby agree and also authorize the specimen collecting and testing agencies to furnish the results of the test to the City and to my employer. (Signature of Specimen Donor) (Signature of Witness) (Printed Name of Donor) (Date) -iv- TEST CONSENT IN REASONABLE BELIEF AND POST-ACCIDENT SITUATIONS The City of Friendswood, Texas, Alcohol and Drug Free Workplace Policies provide that an employee may be required to submit to a urine drug and/or blood plasma test (1) when the employee's performance or behavior on the job would cause a reasonable person to believe that the employee is under the influence of a chemical substance, such as drugs or alcohol, or (2) when an employee has been directly involved in an accident resulting in property damage or personal injury. EMPLOYEE: I am aware of the City's Alcohol and Drug Free Workplace Policies referred to above. I understand that I cannot be compelled to submit to a urine or blood plasma test, but that if I refuse I may be subject to disciplinary action, including discharge. I understand that if the results of such tests reveal an unexplained presence of a chemical substance in my body I may be subject to disciplinary action, including discharge. 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. If due to disability I am unable to give further evidence of such consent, I hereby declare that this document shall constitute sufficient authority for the conduct of such test by the institution providing my care, or such other agency duly authorized for such purpose by the City. I further agree to hold the City and its agents harmless from any and all liability in connection with such tests. To assist in the analysis of my urine and/or blood, please be informed that I have used on the dates indicated the following named chemical substances, legal or illegal drugs, prescription or non-prescription medicines, synthetic or look-alike drugs, or alcohol. NAME OF SUBSTANCE TAKEN: DATE LAST USED: (Date) (Signature of Employee) (Signature of Witness) (Printed Name of Employee) -v- TEST CONSENT IN RETURN TO DUTY SITUATION The City of Friendswood, Texas, Alcohol and Drug Free Workplace Policies provide that an employee suspended for having in his or her body system an unexplained presence of a prohibited substance, such as drugs or alcohol, may be required as a condition of reinstatement to enter the City-approved rehabilitation maintenance program. An element of the program may require the suspended employee to undergo, cooperate with, and successfully complete an approved course of therapy as a condition of reinstatement. Further, if reinstated, the employee may be required to remain enrolled in the program for the purpose of receiving follow-up, reinforcing, or maintenance therapy. If you are reinstated, you will be expected to remain free of those substances prohibited by the City's Alcohol and Drug Free Workplace Policies, and you may from time to time be asked on an unannounced basis to provide specimens of your urine and/or blood plasma for laboratory analysis. If you refuse to provide such specimens when requested to do so or if such specimens reveal an unexplained presence of the prohibited substances, you may be subject to disciplinary action, including discharge. RESPONSE: I have read and understand the provisions regarding reinstatement following a violation of the City's Alcohol and Drug Free Workplace Policies. I agree to comply with those provisions. I specifically consent at this time to give a specimen of my urine and/or blood plasma for drug testing purposes. I also give consent to the collecting and testing agencies to disclose to the City Manager or his designee the results of such testing. I further agree to hold the City and its agents harmless from any and all liability in connection with such testing. (Date) (Signature of Consenting Person) (Signature of Witness) (Printed Name of Consenter) -vi- CONSENT TO RELEASE TEST RESULTS I authorize the officers, employees, and agents of the drug testing laboratory, specimen collecting agency, and my employer to communicate among themselves for official purposes my drug test results, both orally and in writing, and to communicate such test results at any judicial or administrative proceeding when authorized by the City of Friendswood, Texas, Alcohol and Drug Free Workplace Policies. 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 specimen for the purpose of any further analysis or studies that may be necessary. (Date) (Signature of Consenting Person) (Signature of Witness) (Printed Name of Consenter) -vii- DISCLOSURE OF MEDICATION AND INGESTED SUBSTANCES I understand that the drug test results pertaining to the analysis of a urine specimen I am about to voluntarily give can be affected by prescription medication, non-prescription medication, and some chemical and food substances such as poppy seeds. I now wish to take this opportunity to identify any substances that could affect the proper analysis of my urine specimen. In the past thirty (30) days, I have taken the following named prescription or non-prescription medications: The above medications were taken in order to treat: [ ] Pain [ ] Muscle spasms [ ] Allergies [ ] Nervousness [ ] Nausea, vomiting, diarrhea [ ] Asthma, wheezing [ ] Coughing, sneezing, congestion [ ] Heart problems [ ] Weight problems [ ] Sleeping problems [ ] Depression [ ] Other In the past five (5) days, I have ingested the following chemical or food substances: At this time I am not aware of any medications or other substances that may be in my body system which would affect the drug test I am about to take. (Date) (Signature) -viii- WAIVER Place: Date: I voluntarily agree to provide a specimen of my urine so that it may be analyzed for the presence of drugs. I understand that collection of the urine specimen may be witnessed. I hereby authorize the officers, employees, and agents of the collecting and testing agencies to disclose, both orally and in writing, the test results to the City Manager or his designee. 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 from all harm, liability, or damage to me, the officers, employees, and agents of the collecting and testing agencies and the City from any and all suits, actions, or causes of action at law, claim, demand, or liability which have now or may ever have resulting directly, indirectly, or remotely from my providing the said urine specimen so that it may be analyzed for the presence of drugs. (Printed Name) (Signature) (Date) (Signature of Witness) IDENTIFICATION OF THE PERSON GRANTING THE WAIVER: Type of Picture ID Card Presented: Serial Number of ID Card: If no ID, Name of Person Who Vouched: -ix- . _ ° � .�. , , � � REHABILITATION PROGRAM AGREEMENT Under provisions of the City of Friendswood, Texas, Alcohol and Drug Free Workplace Policies and as a condition of my continued employment with the City, I agree to enter a City- approved program of rehabilitation. I understand that the rehabilitation program will: - Require me to totally abstain from the use of illegal drugs or alcohol for a period of not less than twelve (12) months; - Include frequent, unannounced biological testing to determine adherence to the total abstinence requirement; and - Provide services on an outpatient basis in a manner that will allow me to maintain a normal work schedule. My agreement to enter this rehabilitation program has been made of my own free will and has not been influenced by threat or promise of reward. I have read, fully understand, and accept the above terms. (Employee Name) (Name of Witness) (Employee Signature) (Signature of Witness) (Place Signed) (Date Signed) -x- CONTRACTOR'S CERTIFICATION FOR COMPLIANCE TO THE CITY OF FRIENDSWOOD ALCOHOL AND DRUG FREE WORKPLACE POLICIES This is to certify that the officers and operating management of have read and acknowledge understanding of and agreement with the provisions of the City of Friendswood, Texas, Alcohol and Drug Free Workplace Policies, and the implementing procedures related thereto. This certification confirms our obligation to comply with the above-name policies and we further acknowledge and agree that our failure to comply with the provisions thereof shall constitute a material breach of that certain contracted dated , , by and between the aforedescribed and the City of Friendswood, Texas. (Date) (Contractor�s signature) -xi- GENERAL CONSENT TO SEARCH 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 conduct searches of individual employees in accordance with such Policies and that a positive finding of alcohol or drug possession may subject me to disciplinary action, up to and including discharge. I understand that I cannot be compelled to grant permission for a search of my person for the purpose of determining possession of drugs or alcohol. I also understand that if I refuse to grant permission for such search or fail to cooperate with such search, I may be subject to disciplinary action, up to and including discharge. I hereby agree to grant permission to be searched when requested to do so 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. (Signature of Witness) (Signature of Individual) (Date) (Printed Name of Individual) . . , . RESOLUTIONS �... Resolution R91-40: Replacing an order authorizing the city to abandoned a portion of Old Choate Road. The State Department of Highways and Public Transportation has requested the city adopt an amended resolution abandoning the portion of Old Choate Road adjacent to FM-2351. This is in conjunction with the Bridgestone Development Company's development of the property for the Shamrock Station. A copy of the proposed resolution as well as the letter of request from the Department of Highways and Public Transportation is enclosed for your review. You adopted the original resolution at your May 20, 1991, meeting. Resolution R91-41: Friendswood Drug Policy. We are presenting to you for your adoption through the adoption of this resolution the Friendswood Drug Policy for all employees and others who may at some time take responsibility for city-owned property. This would include Friendswood Volunteer Fire Department. This policy does not include the City Council. Recently there has been evidence presented that a policy requiring the Council ,,r., to submit to and pass a drug test would be an additional condition to meet in order to become a City Councilmember. Therefore the added condition is prohibited unless it is a provision of the City Charter. This policy is includes the procedures we are to follow in both testing and dealing with a drug user. It is very comprehensive and was written after much study and discussion. We acquired similarly adopted policies from a number of cities, including samples from the Texas Municipal League, and had discussions with other city administrative staff in our area. A draft was initially prepared by Roger Roecker, reviewed extensively by staff, and then revised by John Olson. We believe this is a policy that treats all employees fairly and, at the same time, complies with our obligations with State Workers' Compensation law, which requires a drug policy to be adopted, and meets our obligation to provide a safe environment in the work place. We believe it also to be fair to the employees of our city. It is one more step in the "zero tolerance" policy established by this community. Attachments "'� 1) Proposed Resolution R91-40. 2) Letter of request from the Department of Highways and Public Transportation. 3) Proposed Resolution R91-41.