§ 114-568. Employee reform.

(a)

The city recognizes that the work environment should be free from the effects of alcohol and drug abuse. To this end the city shall provide all of its employees an opportunity to voluntarily enter the city's employee assistance program (EAP) for substance abuse without being subjected to any disciplinary action based on substance abuse provided that the employee:

(1)

Voluntarily enters the EAP and adheres to its established guidelines and requirements.

(2)

Completes the primary and after-care elements of the rehabilitation program in strict accordance with the established guidelines as set forth by the EAP.

(3)

Is free of any criminal or administrative charges and has not been directed to be tested based upon reasonable suspicion prior to voluntary entry into the EAP substance abuse program.

(4)

Successfully completes the primary care portion of the EAP and abides by the elements of after-care treatment. Any employee who voluntarily enters the EAP and fails to abide by the established guidelines and requirements shall be subject to disciplinary action up to and including dismissal.

(b)

Notwithstanding anything in this section to the contrary, the appointing authority or designee may take appropriate personnel action to protect the affected employee, fellow employees and the public and to meet the needs of the service, necessitated by an employee's temporary or permanent inability to adequately perform the employee's job.

(Ord. No. 2007-22(06-O-2700), § 1, 3-27-07)