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A RESOLUTION TO INCORPORATE THE DRUG-FREE WORKPLACE AND NON-DOT DRUG TESTING POLICY FOR THE CITY OF JONESBORO INTO EXISTING PERSONNEL POLICIES AND TO AMEND ANY PERSONNEL POLICY PROVIDING FOR CONDITIONS OF EMPLOYMENT; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
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WHEREAS, the City Council of the City of Jonesboro is committed to maintaining a safe workplace for all its employees that is free from illegal drug use and the misuse of alcohol, and
WHEREAS, all City of Jonesboro employees, who are not subject to DOT Drug Testing Rules and Regulations, will now be subject to the Drug-Free Workplace And Non-DOT Drug Testing Policy For The City of Jonesboro.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JONESBORO:
SECTION 1: That all personnel policies of the City of Jonesboro are hereby revised and amended to incorporate the Drug-Free Workplace And Non-DOT Drug Testing Policy For The City of Jonesboro.
SECTION 2: That this resolution specifically amends any personnel policy providing for conditions of employment.
SECTION 3: Any Resolution, Rule, Regulation or any part of any Resolution, Rule, or Regulation now in effect which conflicts with the Drug-Free Workplace And Non-DOT Drug Testing Policy For The City Of Jonesboro is hereby repealed.
SECTION 4: The Human Resources Director is hereby directed to establish procedures to ensure compliance with the Non-DOT Drug Testing Policy, including the assignment of a designed representative responsible for the execution of the procedures.
SECTION 5: Drug and alcohol testing will be administered to all Non-DOT Regulated Employees, in the circumstances and in the manner mandated by the Non-DOT Drug Testing Policy.
SECTION 6: The penalty for refusal to take a mandated test for drugs or alcohol is immediate discharge.
SECTION 7: The penalty for a positive drug test result, once the time limit for requesting a second test of a split sample has expired, or upon receipt of a positive drug test result from the second test, is immediate discharge.
SECTION 8: The penalty for a positive alcohol test result is immediate discharge.
SECTION 9: Employees whose initial drug test results are positive and who request a test of the second portion of the split sample will be suspended without pay until such time as the designated representative receives the results of the second (split sample) test. Such second test will be the employee's expense.
SECTION 10: A negative result from the second (split sample) drug test will render the first test invalid, and the employee will be reinstated with back pay and reimbursed for the cost of the second test.
SECTION 11: If any provision of this Resolution is held invalid by a court of law or subsequent legislative action, such holding shall in no way affect the validity of the remaining provisions or sections of this Resolution, which shall remain in full force and effect.
SECTION 12: The need to adopt the Drug-Free Workplace and Non-DOT Drug Testing Policy for the City of Jonesboro is necessary for the effective, efficient, and safe operation of the City of Jonesboro, and to protect the health and welfare of its citizens and the employees in the workplace. THEREFORE, an emergency is hereby declared to exist and this Resolution shall be in full force and effect from and after its passage and approval.
PASSED AND ADOPTED this 21st day of December, 1998.