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HomeMy WebLinkAbout6359RESOLUTION NO. 6359_ A RESOLUTION APPROVING A CERTIFICATION REGARD- ING DRUG -FREE WORKPLACE REQUIREMENTS AT THE PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Certificate Regarding Drug -Free Workplace Requirements dated April 10, 1989 relating to the Pueblo Memorial Airport and City employees directly engaged in the performance of work pursuant to the provisions of any grant or cooperation agreement with the U.S. Department of Transportation, Federal Aviation Administration, a copy of which is attached hereto and incorpor ated herein, having been approved as to form by the City Attorney, is hereby approved and the President of the City Council is hereby authorized to execute same on behalf of the City. SECTION 2. This Resolution shall become effective upon final passage. INTRODUCED: April 10, 1989 B MIKE OCCHIATO Councilman ATTEST: APPROVED: C y Clerk President of the City Council CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS A. The sponsor, City of Pueblo, Colorado certifies that it will provide a drug -free workplace for employees of the City directly engaged in the performance of work pursuant to the provisions of any grant from or cooperation agreement with the U.S. Department of Transportation, Federal Aviation Administration by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the sponsor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug -free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The sponsor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and, (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. C. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the state- ment required by paragraph (a); d. Notifying the employee in the statement required by paragraph (a), that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. e. Notifying the FAA within ten days after receiving notice under subparagraph d(2) from an employee or otherwise receiv- ing actual notice of such conviction; f. Taking one of the following actions within 30 days of receiving notice under subparagraph d(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such employees, up to and including termination; or (2) Requiring such employee to participate satisfacto- rily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; g. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a) through ( f) . B. The sponsor shall insert in the space provided below the site(s) for the performance of the work done in connection with the specific grant: Place of Performance: Name of Recipient: Street Address: City: County: State: ZIP Code: Pueblo Memorial City of Pueblo Pueblo Memorial Pueblo Pueblo Colorado 81001 Airport Sigria?ture of AiSthorized Sponsor Utticia President, City Council Title Airport April 10, 1989 Date The undersigned, as attorney for the City of Pueblo hereby states that the City of Pueblo has authority under state and local law to undertake implementation of the matters contained in the above certification; that the President of the City Council has been duly authorized to execute the above certification on behalf of the City of Pueblo; that he is unaware of any legal prohibition or restriction to implementation of the above certification by the City of Pueblo except to the extent existing collective bargaining agreements are not superseded and may be required to be amended to accomplish the matters set forth in the above certification; and, that paragraph A(g) of the above certification constitutes a continuing obligation of the City of Pueblo. Signature 419"__�Pft5nsor's Attorney -2- US Department of Transportation Federal Aviation Administration MAR 23 9N To: All Sponsors Denver Airports District Office 10455 East 25th Aronuo suite 301 Auro.a, Colo—do 80010 (303) 340 -5538 The Drug -Free Workplace Act of 1988 requires that, effective March 18, 1989, all sponsors receiving grants from any Federal agency must certify that they will maintain a drug -free workplace. In paragraph 605(b)(4) of the Act, this is described as "...a site for the performance of work done in connection with a specific grant at which employees of the grantee are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance." Therefore, any Application for Federal Assistance dated after March 18, 1989, must include a copy of the enclosed certificate, signed by an authorized representative of the grantee. If you have any questions, please call this office. Sincerely, Alan E. Wiechmann, Manager ) enver Airports District Officer $nclosure