§ 1. Statement of policy; employee assistance program.

(a)

The city recognizes that alcoholism and drug abuse are treatable diseases that can cause personal problems. The city also recognizes that employees may have other personal problems which impair their ability to perform satisfactorily in their jobs. Such problems may include emotional behavioral disorders, financial worries or marital and family conflicts. Any one of these problems can result in poor interpersonal relations, excessive absenteeism, deteriorating work performance and lowered productivity.

(b)

The city shall assist in finding help for the employees. Since experience and studies indicate that employee assistance programs that are jointly administered by labor and management constitute an effective means of attacking alcoholism, drug abuse and other employee problems, it is desirable that city departments participate in a united program with AFSCME Local 1644 to provide employee assistance through a joint committee.

(c)

It is expected that such a jointly administered program will enlighten employees and management to the fact that the social stigma of alcoholism and drug addiction is without foundation and that these conditions are treatable as are most other disorders.

(d)

The city shall, whenever feasible, give employees an opportunity to use the employee assistance program before taking the disciplinary action of suspension or discharge. However, the final decision of whether to discipline such employees or to refer them to the program must be made by the department head. This decision should be based on the same factors that govern other decisions concerning disciplinary matters - gravity of the offense, previous record of disciplinary action and action taken in similar cases.

(e)

For the purpose of this order, alcoholism and drug abuse are defined as illnesses in which an employee's consumption of alcoholic beverages or drugs definitely and repeatedly interferes with job performance, health and/or attendance.

(f)

The bureau of personnel operations is responsible for working with the AFSCME Local 1644 to implement this order, and to follow procedures which ensure that no employee with an alcohol, drug or other personal problem will have his or her job security or promotional opportunities jeopardized by his or her referral or request for consultation or treatment.

(g)

It is recognized that supervisors, directors and commissioners do not have the professional qualifications to judge whether or not an employee has an alcoholic or drug problem. Referral to the program for consultation and any subsequent offer of assistance will be based strictly upon unsatisfactory work performance that has been clearly documented by the supervisor.

(h)

It will be the responsibility of the employee to seek and accept medical and professional help if advised to do so. If the employee refuses to follow the recommendations of the designated resource person, and job performance or attendance continues to be unsatisfactory, normal disciplinary measures will be taken.

(i)

It is expected and hoped that employees who suspect that they have a medical, alcohol or drug related problem, even in its early stages, will be encouraged to seek consultation voluntarily and, when indicated, comply with the prescribed treatment.

(j)

All records will be preserved in the highest degree of confidence. The confidential nature of medical records of employees with alcohol or drug related problems will be preserved to ensure privacy in the same manner as other medical records. Under no circumstances shall materials relating to the employee's participation in the employee assistance program be made a part of the employee's personnel file.