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