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HomeMy WebLinkAbout05702ORDINANCE NO. 5702 AN ORDINANCE ESTABLISHING A DRUG SCREEN POLICY FOR EMPLOYMENT WITH THE CITY OF PUEBLO FOR NEW HIRES WHEREAS, the City Council has demonstrated its commitment to a drug free workplace for employees of the City of Pueblo by its previous adoption of the requirements of the Drug Free Workplace Act of 1988, and WHEREAS, although the use of illicit drugs is not a significant problem within the established workforce of the City of Pueblo, a number of persons who are current drug users have attempted to obtain employment with the City of Pueblo; and WHEREAS, the City of Pueblo is currently in the process of recruiting and appointing nine (9) persons for initial hire in October 1991 as Police Patrol Officers; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO that: Section 1. Chapter 8 of Title VI of the 1971 Code of Ordinances of the City of Pueblo is hereby amended by the addition of a new section 12 to read as follows: (Brackets indicate material being deleted; underscoring indicates new material being added.) 6-8-12: DRUG SCREENING (a) DEFINITIONS For purposes of this section unless the context otherwise requires: (1) "Positive evidence" means the presence of a drug or drug metabolite in a urine sample at or above the test levels listed in the United States Department of Transportation Procedures for Transportation Workplace Drug Testing Programs 49 C.F.R. Part 40 (2) "Prohibited drug" means marijuana, cocaine. opiates, Phencyclidine (PCP). amphetamines, or a substance specified in Schedule I or Schedule II of the Controlled Substances Act, 21 U.S.C. 811, 812, unless the drug is being used as authorized by a legal Prescription or other exemption under Federal, State, or local law. (3) "Passi.na a drug test" means that not show positive evidence of the presence of the test a prohibited result does dru,a or drug metabolite in an applicant's system. (4) "Failing a dru,a test" means that Positive evidence of the presence of a prohibited metabolite in an applicant's system. (5) "Refusal to submit" means refusal the test druo by an result shows or drug individual to Provide a urine sample after he or she has received notice of the requirement to be tested in accordance with this Section. (b) All persons who become . eligible for initial hire into any position in the classified service or any other position listed in Section 6 -5 -16 of the Code of Ordinances shall be required as a part of the final selection process and as a condition employment with the City of Pueblo to pass a of drug screen initial conducted in compliance with federal regulations and guidelines for workplace drug testing programs under 49 C.F.R. Part 40 and 14 C.F.R. Part 121 Appendix I. (c) Any person who refuses to submit to such drug screen or who fails such drug screen shall be removed from forthwith and shall be ineligible for employment the eligible by the list City of Pueblo for a period of one year from the date of removal. (d) The drug screen procedures shall be approved by the City Manager, the Director of Personnel and the Civil Service Commission (e) The City of Pueblo shall include written notice on all employment application forms that preemployment testing under this Section will be conducted to determine the presence of controlled substances, including mariivana, cocaine, opiates, phencyclidine (PCP) and amphetamines or a metabolite of those applicant's system. (f) Any person removed from an elioible drugs list under in the this Section may appeal such determination to the Civil Service Commission under Civil Service Rule 31. W Nothing contained in this Section shall be construed to limit the authority of the City of Pueblo to require drug testing as a condition of continued employment. nor to limit the authority of the City of Pueblo to discipline or discharge employees for drug usage or for refusal to submit to drug testing. Section 2. This Ordinance shall become effective immediately upon final passage. ATTEST: INTRODUCED: August 12, 1991 By SAMUEL CORSENTINO Councilperson APPROVED: President of the City Council