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A RESOLUTION APPROVING AND ADOPTING JONESBORO POLICE DEPARTMENT POLICY NUMBER 20.013.00, RELATING TO A DRUG-FREE WORK FORCE
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BE IT RESOLVED by the City Council of the Municipal Corporation of the City of Jonesboro:
SECTION 1: The provisions of this article shall apply equally to all employees of the Jonesboro Police Department.
SECTION 2: Purpose drug abuse is a subject of immediate concern in our society. These problems are extremely complex and ones for which there are no easy solutions. As employees of the Jonesboro Police Department; you are not only responsible for enforcing the laws which deal with drug abuse problems, but also are required to abide by them. From a society perspective, law enforcement officers should be the forerunners in setting the examples for the public which they serve. In addition, armed police officers have to be alert enough to make instantaneous judgments with lives at stake. Moreover, drug users within the ranks would endanger lives of police officers themselves who depend upon fellow officers to back them in emergencies. A police officer who uses drugs cannot possibly be effective in the interdiction of some of the same drugs, and could easily be subject to bribery and blackmail. There is nothing to indicate at this time that any of the officers of this Department are abusing drugs. Unfortunately, the potential for catastrophe created by even one drug user in the ranks mandates that the following policies be implemented.
It us the policy of the Jonesboro Police Department to forbid the use, possession, sale, transfer, or transportation of illegal drugs during tenure of employment; except under circumstances when the possession, transfer, and/or transportation are required for the purposes of fulfilling a law enforcement function. Generally, "illegal drugs" are described as drugs which have a high potential for abuse. Such drugs include but which are not limited to, Heroin, Marijuana, Cocaine, PCP, and "Crack". They also include pharmaceuticals for which the user has no prescription or medical need.
SECTION 3: PROCEDURE:
(A) Each employee is required to inform the Chief of Police within five (5) days after he or she has been found guilty of or has pled guilty to any violation(s) of any Federal or State criminal drug statute(s).
(B) The Jonesboro Police Department will begin testing of its employees for illegal substance usage after April 16, 1990. It will be the policy of the Department to require urine testing of employees under the following circumstances:
1. As part of a random drug testing program of the current work force.
2. Following an accident or incident where safety precautions were violated or careless acts were performed.
3. When an employee is fund to be in possession of suspected drugs.
4. Routinely to all job applicants.
5. When any employee's supervisor has a reasonable suspicion that an employee is under the influence of drugs.
(C) All urine tests shall be at the expense of the Department and conducted by qualified personnel of a Pathologist Lab following their procedures and guidelines. Failing to follow their guidelines and procedures in obtaining a satisfactory sample for analysis shall be considered as a refusal to submit to testing. Employees testing positive for drugs shall; within 72 hours, be required to be retested following the same procedures. In the event that the subsequent test results are also positive, the employee shall be suspended with pay pending a hearing conducted by the Department Efficiency Board.
(D) Test results may not be turned over to any other agency; including criminal prosecutors, without the employee's written consent.
(E) All employees have the right to refuse testing; however; refuse to take the test or tests will be justification for disciplinary action.
(F) All employees and job applicants must sign a certification that they have read and understand the above ordinance and that any violation of the above ordinance may result in disciplinary action, up to and including termination of employment, if any employee, or refusal to hire, if a job applicant.
SECTION 4: All rules and regulations in conflict herein are hereby repealed.
PASSED and ADOPTED this 16th day of April, 1990.