§ 2-213. Rules and regulations.

The City of Cartersville is concerned with those situations where use of alcohol, intoxicating substances, or other drugs is detrimental to the public trust or to the safety of employees or citizens. The city is committed to the rehabilitation of employees who abuse drugs and alcohol by referral.

Early recognition and treatment of chemical dependency problems is important for successful rehabilitation to improve job performance and reduce personal, family, and social disruption. Employees who participate in a program for the purpose of treating alcoholism or drug addiction may do so without jeopardizing their employment with the city, provided they stop all involvement with alcohol or other drugs. Participation in such programs will not automatically prevent disciplinary action for incidents that have already occurred. Should a rehabilitation program be necessary, leaves of absence must be used in accordance with current policies.

To implement this policy, the following rules are established as conditions of employment with the city.

(1)

The city will not hire any applicant who tests positive on a detection test for illegal drugs or alcohol. Those individuals will be prohibited from employment with the city for one (1) year, unless they provide certified documentation of successful completion of a substance abuse rehabilitation program. Applicant who has completed a rehabilitation program will be subject to drug screening prior to being employed.

(2)

Any city employee who is involved in a reportable incident (see definitions) that results in injury to persons or property shall be subject to an investigation. Employees will be directed to undergo a drug or alcohol detection test to aid in determining fitness for duty if there is reasonable suspicion that the employee was under the influence of drugs or alcohol at the time of the incident. An employee who refused to participate in a required drug or alcohol detection test will be subject to disciplinary action, up to and including termination.

(3)

Based on the results of the investigation and drug or alcohol detection testing, the employee may be subject to disciplinary action in accordance with departmental or city guidelines, and established practices for various infractions.

(4)

If enrollment in a drug or alcohol rehabilitation program is required; employees will be referred to the city manager. An employee's fitness to continue in his or her current position while enrolled in such a rehabilitation program will be determined on a case-by-case basis. Employees who have completed a rehabilitation program will be subject to drug screening.

(5)

Any city employee at any level who reports for work on city premises or work sites will be directed to undergo a drug or alcohol detection test to aid in determining fitness for duty if there is reasonable suspicion that the employee is under the influence of drugs or alcohol. An employee who refuses to participate in such testing will be subject to disciplinary action, up to and including termination of employment.

(6)

All illegal drugs (see definitions) discovered during an investigation will be given to the appropriate law enforcement agency and may result in criminal prosecution. Drug or alcohol test results will be used for administrative purposes only and will be kept confidential, unless subpoenaed because of legal action or otherwise required to be released pursuant to the laws, rules and regulations of the State of Georgia.

(7)

The use, sale, possession, or distribution of a narcotic, an intoxicating substance or any illegal drug or alcohol while at work will subject an employee to disciplinary action, up to and including termination.

(8)

Supervisors shall take appropriate action to protect city personnel and city property by removing from the work premises or site any individual not in condition to perform assigned work in a normal and safe manner. An employee who appears to be under the influence of drugs or alcohol shall be taken to an authorized facility for drug and alcohol testing. Employees shall not be allowed to drive any vehicle if it appears that they are under the influence of drugs or alcohol.

(9)

If any employee has reasonable suspicion that a supervisor is under the influence of drugs or alcohol, his observations shall be reported to the supervisor's immediate superior. If the employee feels that reporting these observations in this manner would adversely affect his working conditions, the report may be made to the city manager.

(Ord. No. 94-05, § 1, 11-17-05)