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HomeMy WebLinkAboutResolution #3252'~. ~, ,' . - RESOLIITION N0. 3252 A RESOLIITION TO ADOPT A POLICY ESTABLISHING A DRIIG FREE WORffi'LACE FOR THE CITY OF CANTON WHEREAS, Legal and Ordinance Committee has determined that it is necessary and in the best interest of the City of Canton to adopt a policy establishing a drug free workplace for the City of Canton; and, WHEREAS, the Canton City Council has made a similar determination; and, WHEREAS, the City of Canton, Fulton County, Illinois (the "City") receives grant funds from the State of Illinois and the United States of America; and, WHEREAS, pursuant to State and Federal law, the City is required to establish and maintain a drug free workplace in order to receive such State and Federal funds; and, WHEREAS, the City desires to maintain a drug free workplace and to advise and educate its employees on such policy and of the requirements of the law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COIINCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Canton City Council hereby finds the foregoing recitals to be fact. 2. That the policy regarding the establishment and maintenance of a drug free workplace by the City, which is attached hereto and made a part hereof as Exhibit A, is hereby adopted and shall be incorporated into the City Personnel Manual. 3. That the Statement of Policy attached hereto and made a part hereof as Exhibit B is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute and deliver said policy on behalf of the City of Canton. !~. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 20th day of September, 1994 upon a roll call vote as follows: AYES: Aldermen Coay, MQlleck, Phillips, Sarff, Meade, Bohler, May, Chapman, NAYS: None, ABSENT: None, APPRO D; onald E. Edwards, Mayor. ATTEST: ®~A ~~,~ G/~ , Nancy Whit , City Clerk. CITY OF CANTON 210 East Chestnut, Canton, Illinois 61520 ~ Telephone 309/647-0020 Donald E. Edwards, Meyo- Nancy S. Whites, crrycrerk Patricia A. Wright, crry measurer James J. Elson Chartered, crryarrorney Robert W. Anderson, crry Engrnee- Christopher M. Spears, t)rrecro-orAdmrnrsrrerron DftIIG-FRSB WORgPLACE Section 1. Intent and policy. The City of Canton is committed to the safety and well-being of its employees and the public; and accordingly, it is the City's intent to maintain a work environment which is free from drug use and unlawful possession of controlled substances on municipal premises. Section 2. Procedures and regulations. (a) Employees are expected to report to work on time and in appropriate mental and physical condition for work. Employees are not to report to work under the influence of intoxicants (alcoholic beverages or illegal drugs) and shall not consume, use, or possess intoxicants at any time during their scheduled workday, on City property, or in any City vehicle (while travelling to or from City property while on duty). The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance on municipal premises or while conducting City business off premises is absolutely prohibited. Violations of this policy will result in disciplinary action, up to and including termination, and may have legal consequences. (b) If a supervisor has reasonable cause to believe that an employee has reported to work under the influence of intoxicants, the supervisor, with the approval of the Mayor or Department head, has the right to request the employee submit to an alcohol or drug screening test at the City's expense. The failure of an employee to submit to an alcohol or drug screening test shall be grounds for discipline which may include termination. The results of the alcohol or drug screening test shall not be used by the City for any purpose other than to determine adherence to City policy, to discipline an employee whenever necessary, and to comply with the applicable terms of this policy. (c) The City recognizes drug dependency as a major problem. The City also recognizes drug abuse as a potential health, safety and security problem. Employees needing help in dealing with such problems are encouraged to seek help with or without the City's assistance. In furtherance of this policy the City shall develop and maintain one or mare trained referral teams to assist employees with drug dependency problems in locating and obtaining help. Conscientious efforts to seek such help will not jeopardize any employee's job and will not be noted in any personnel record except where action follows a supervisory-initiated referral. Page 2 Drug-Fee Workplace (d) No employee shall be subject to discipline for the appropriate use of legal nonprescription or prescribed legal drugs for the treatment of illness or injury. However, if the employee knows or should know that use of nonprescription or prescribed drug does or could impair the employee's ability to operate a City vehicle or equipment, or otherwise perform his or her job duties, the employee shall share this information with his or her immediate supervisor. Violation of this section of the policy may subject the employee to disciplinary action. (e) Employees must, as a condition of employment, abide by the terms of this policy and report any conviction under the criminal drug statute for violations occurring on or off City premises while conducting Cit business. A report of conviction must be made within five (5~ days after the conviction to the Mayor. Within ten (10) days of learning of an employee's criminal conviction for illegal drug activity within the workplace, the City will notify the federal government of such conviction. Within thirty (30) days of learning of employee's criminal conviction for illegal drug activity within the workplace, the City will take appropriate personnel action. ' ~ ` CITY OF CANTON 210 East Chestnut, Canton, Illinois 61520 • Telephone 309/647-0020 Donald E. Edwards, Meyor Nancy S. Whites, crryclerk Patricia A. Wright, crry treasurer James J. Elson Chartered, c/ryarrorney Robert W. Anderson, Clty Engineer Christopher M. SpAarS, DlrectorolAdminlstretion CITY OF CANTON, ILLINOIS STATEMENT OF POLICY DRIIG-FREE WORgPLACE Purpose: This statement is made and provided pursuant to the Drug-Free Workplace Act of 1988 (L,.1 USC Sec. 701 et. seq.) and the Illinois Drug Free Workplace Act (Illinois Revised Statutes, Ch. 127, Para. 132.311 et. seq.) Statement: The City of Canton seeks to have a drug-free workplace. In accord with the Drug-Free Workplace Act of 1988 and the Illinois Drug Free Workplace Act and to promote drug-free awareness among employees, the City of Canton, through posting of notices and discussions with employees regarding this policy will inform employees that: 1. Drug abuse in the workplace creates a dangerous environment in the workplace for the employee using drugs and endangers the health, safety and welfare of all employees and other persons in the workplace. 2. It is the policy of the City of Canton to maintain a drug-free workplace. The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in this workplace is strictly prohibited. 3. Information will be available on a confidential basis on public and private drug counseling, rehabilitation, and employee assistance programs. 1,,. Penalties may be imposed upon employees for drug abuse violations up to and including termination of employment. Policy and Procedures: The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited on any premises occupied or controlled by the City of Canton. Appropriate disciplinary actions, which may include termination, will be taken against City of Canton employees for violations of this prohibition. Exhibit B ~~ r Page 2 Statement of Policy "Controlled substance" for purposes of this Statement means a controlled substance listed in schedules I through V of Section 202 of the Controlled Substance Act (21 IISC Sec. 812), and as further defined by federal regulations (21 CFR Secs. 1200.11-15). In addition the term controlled substance also includes any substance as defined by the Illinois Controlled Substances Act (720 Illinois Compiled Statutes 570/203 through 570/212) and the Illinois Cannabis Control Act (720 Illinois Compiled Statutes, 550/3). This list includes, but is not limited to, marijuana, heroin, PCP, cocaine, LSD, and amphetamines. A condition of employment for work under any grant received by the City of Canton from the federal or state government, is that each employee directly engaged in the performance of work funded by such grant will: 1. Abide by the terms of this Statement. 2. Notify the City of Canton of his or her criminal drug statute conviction for any violation occurring in the workplace no later than five (5) days after such conviction. a. "Conviction" means a finding of guilt, including a plea of nolo contenders, or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statute. b. "Criminal drug statute" means a criminal statute involving the manufacture, distribution, dispensation, possession, or use of any controlled substance. If the criminal drug statute violation occurred during the employee's working hours with the City of Canton, a sanction will be imposed on the employee so convicted. Within thirty (30) days after receiving notice of the conviction: 1. The City of Canton will take appropriate disciplinary action against such employee, up to and including termination; or 2. The City of Canton will require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purpose by a Federal, State or local health, law enforcement or other appropriate agency; and, 3. The City of Canton will assist employees in selecting a course of action in the event that drug counseling, treatment, and rehabilitation is required and in furtherance of that objective will see that a trained referral team is available. The notice supplements, and does not .place, the City of Canton Personnel Policy provisions on this subject. Donald wards, Mayor A copy of this Statement was received by this day of , 19 on