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HomeMy WebLinkAboutResolution No. 91-C1850 0 RESOLUTION NO. 91-C185 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF AZUSA, CERTIFYING THAT THE CITY MAINTAINS A DRUG-FREE WORKPLACE WHEREAS, the Drug -Free Workplace Act of 1988 requires Federal Grant recipients (including the City of Azusa) to certify that they maintain a drug-free workplace; and WHEREAS, the City Council, of the City of Azusa, is desirous of providing a drug-free workplace environment for all its employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AZUSA AS FOLLOWS: Section 1. Drug -Free Workplace. The unlawful manufacture, distribution, dispensation, possession, consumption, or use of a "controlled substance" is prohibited in the work place. It is a condition of employment and continued employment in the City that each employee abide by the terms of this policy. Any employee convicted of any criminal drug statute for a violation occurring in the workplace shall advise the Human Resources Office of the conviction within five days after the conviction. Within 30 days of receiving such notification, the City may take appropriate disciplinary action as provided under the Personnel Rules; or require such employees to participate satisfactorily in a drug abuse assistance and rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency. Convicted employees who are allowed to enroll in a program may be required to do so under City -imposed conditions based on the nature and merit of the circumstances, and if the program is not completed successfully, then the employee may be subject to discipline according to this policy. For purposes of this policy the terms "controlled substance", "manufacture", "distribution", and "dispensation" are defined at 21 U.S.C. 802-812. It should be noted that the term "controlled substance" includes nearly all drugs commonly referred to as illegal and/or narcotic. However, the term does not include intoxicants such as distilled spirits, wine or malt beverages. An employee found to be under the influence or to be impaired by any intoxicant while on duty, stand-by duty, breaks or meal periods, shall be subject to the disciplinary provisions of this rule. For purposes of this section, a conviction includes a plea of "no contest" or "nolo contendre". For purposes of this policy, the term "workplace" includes all City property, facilities, vehicles, either City -owned or employee -owned vehicle used during work and for work purposes on a reimbursement basis, and any other place that a City employee is located while he/she is discharging or should be discharging his/her responsibilities as an employee of the City. Section 2. The Human Resources Division shall establish an ongoing drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The City's policy of maintaining a drug-free workplace; 3. Any available drug counselling, rehabilitation and employee assistance programs; and 0 0 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Section 3. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption of this Resolution; and the same shall thereupon take effect and be enforced in accordance with the terms and conditions thereof. ADOPTED AND APPROVED this 16thday of December , 19431: -A.4fir" A MAYOR r ATTE4T- I HEREBY CERTIFY that the foregoing reoslution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof on the 16th. day of December, 1991, by the following vote of the Council: AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE / � J C CLERK