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05-91-Ordinance-Establishing a Substance Abuse and Drug Testing Policy-04/20/1991CITY SECRETARY ORIGINAL COPY CITY OF SANGER PACKET DRUG TESTING April 29, 1991 CITY SECRETARY ORIGINAL COPY CITY OF SANGER, TEXAS ORDINANCE #05-91 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, MAKING FINDINGS ON THE EFFECTS OF SUBSTANCE ABUSE IN THE PUBLIC SECTOR, PROVIDING FOR DRUG TESTING PROCEDURES AS A CONDITION PRECEDENT TO ALL PROSPECTIVE EMPLOYEES OF THE CITY OF SANGER, PROVIDING FURTHER FOR SUCH TESTING TO ALL PUBLIC SAFETY PERSONNEL, THE CITY COUNCIL, THE CITY MANAGER, DEPARTMENT HEADS, OPERATORS OF CITY OWNEI) VEHICLES AND TO PERSONNEL INVOLVED IN ON -DUTY ACCIDENTS RESULTING IN INJURY OR DAMAGE TO EMPLOYEES OR CITY PROPERTY, ESTABLISHING PROCEDURES TO ASSURE THE INTEGRITY OF THE DRUG TESTING PROFESS, PROVIDING FURTHER FOR DISCHARGE FROM PUBLIC SERVICE ANY PERSONNEL TESTING POSITIVE FOR SUCH CONTRABANIi SUBSTANCES, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. WHEREAS, public service is a trust which requires unconditional adherence to principles of honesty and integrity, and a constant state of readiness to serve the public in discharging one's duties, and, WHEREAS, the prevalence of drugs in our society permeates into the leadership and work force of civil government and, WHEREAS, medical research has empirically established that substance abuse has a deleterious effect on an individual's performance of his duties, and, WHEREAS, the result of substance abuse is impaired judgment, lessened work performance and increased exposure to accidents in the work area, and, WHEREAS, it is the duty of the Sanger City Council to promulgate policies reasonably necessary to exclude and remove from public service and/or employment persons wrongfully using controlled substances and engaging in alcohol abuse, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: CITY SECRETARY ORIGINAL COPY Ord. #05-91 Drug Testing Page 2 1. The Sanger City Council does hereby adopt comprehensive substance abuse policies and testing procedures therefore to assure as fully as possible to the citizens of Sanger public servants who shall be free of such abusive practices. A copy of these policies are attached hereto as Exhibit I. 2. Be it further ORDAINED that any public servant including, but not limited to members of the Sanger City Council and all employees testing positive for unauthorized controlled substances and/or intoxicating beverages shall be subject to removal from such public service. Be it further ORDAINED that all prospective employees and members of the City Council of the City of Sanger shall be refused consideration for such employment or appointment if they also test positive from such screening. 3. All ordinances in conflict herewith are hereby repealed. 4. In the event any section, subsection, sentence, clause, or phrase of this Ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no means affect any other section, subsection clause or phrase of this Ordinance, but all the rest thereof shall be in full force and effect just as though the section, subsection, sentence or clause so declared or adjudged invalid or unconstitutional was not originally a part thereof. PASSED AND APPROVED this 1st day of April 1991. Mayor Nel Armstrong ATTEST: I•i'os'alie Garcia, City Secretary CITY SECRETARY ORIG►NAL COPY SANGER SUBSTANCE ABUSE TESTING FOLLOWING ACCIDENTS OR PREDICATED UPON INDIVIDUALIZED SUSPICION OF INDIVIDUALS Definitions: 1. "Alcohol" means ethyl alcohol (ethanol). References to use or possession of alcohol include use of possession of any beverage, mixture or preparation containing ethyl alcohol. 2. "Drug" means any substance other than alcohol that has known mind or function - altering effects on a human subject, namely, all controlled substances enumerated in Article 4476-15 V. A. C. S., including, but not limited to Marijuana (cannabinoids), Cocaine, Opiates, Amphetamines, and Phencyclidine. 3. "Medical Facility" means a hospital, clinic, physician's office or laboratory where toxicological samples can be collected according to recognized professional standards. 4. "Possess" means to have on one's person or in one's personal effects or under one's control. However, the concept of possession as used in this part does not include control by virtue of presence in the employee's personal residence or other similar location off city property. 5. "Supervisory Employee" means a department head or his immediate assistant who is not a co-worker and who is responsible for supervising or monitoring the conduct or performance of one or more employees. Coercion Prohibited Nothing in this policy shall be construed to authorize the use of physical coercion or any other deprivation of liberty in order to compel breath or body fluid testing. CITY SECRET4/b, OR/G/NAL COPy Alcohol Alcohol concentrations in blood and breath A. In this part, Blood Alcohol Concentration (BAC) is expressed as a "percentage" weight to volume. For example, a SAC of ". 04%" means that there is .04 grams (4/ 100ths of one gram) of alcohol in 100 milliliters of whole blood. This is the same quantity as "40 milligrams percent" (40 milligrams and 100 milliliters). B. For the purpose of determining Blood Alcohol Concentration through an analysis of the breath, the amount of alcohol and one part of blood shall be presumed to equal the amount of alcohol in 2100 parts of an expired breath sample (by volume). Prohibitions Alcohol and drug use prohibited A. Members of the City Council, appointed city officials, or members of any city board or commission may not use or possess alcohol or any controlled substance while performing his or her duties. B. No such person may report for duty or go or remain on duty while 1. under the influence of or impaired by alcohol; 2. having .04% or more alcohol in the blood; 3. under the influence of or impaired by any controlled substance. Controlled substance is defined to mean the following drugs: All controlled substances enumerated in Article 4476-15 V.A. C. S., including, but not limited to: Marijuana (cannabinoids), Cocaine, Opiates, Amphetamines, and Phencyclidine CITY SECRETARY ORIGINAL COPY City Personnel Rules Nothing in this section prohibits the city through its personnel rules from imposing an absolute prohibition on the presence of alcohol or any drug in the body fluids of persons in its employ whether in furtherance of the purpose of this part or for other purposes. All municipal employees of the City of Sanger shall notify their immediate supervisors if they are taking prescribed medicines or over the counter drugs which adversely affect or impair the performance of their duties. This section does not prohibit the use of a controlled substance prescribed or authorized by a medical practitioner, or possession incident to such use, if - A. the treating medical practitioner or a physician designated by the City of Sanger has made a good faith judgment., with notice of the employees assigned duties and on the basis of the available medical history, that use of the substance by the employee at the prescribed or authorized dosage level is consistent with the safe performance of the employee's duties; and, H. the substance is used at the dosage prescribed or authorized. Post -Accident Toxically Testing Events for which testing is required From and after the passage of the City of Sanger's Drug Testing Screening Program, and except as provided for herein, post -accident toxicological test shall be conducted after any event that involves one or more of the circumstances described below: A. Any vehicular or occupational accident that involves one or more of the following: 1. a fatality 2. release of a hazardous material accompanied to buy an evacuation or a reportable injury resulting from the hazardous material release (e.g. from fire, explosion, inhalation or skin contact with the material) or CITY SECRETARY ORIGINAL COPY 3. damage to city property of more than $500.00. Good Faith Determinations A. The city representative responding to the scene of the accident/incident shall determine whether the accident/incident falls within the requirements of this section. It is the duty of the city's representative to make reasonable inquiry into the facts as necessary to make such determinations. In making such inquiry the city's representative shall consider the need to obtain samples as soon as practical in order to determine the presence or absence of impairing substances reasonably contemporaneous with the accident/incident. The city's representative satisfies the requirement of this section if, after making reasonable inquiry, the representative exercises good faith judgment in making the required determinations. B. The city is not in violation of this subpart if its representative has made such reasonable inquiry and exercise such good faith judgment but nevertheless errs in determining that post - accident testing is not required. C. The city does not act in excess of its authority under this subpart if its representative has made such reasonable inquiry and exercise such good faith judgment, but it is later determined, after investigation, that one or more of the conditions thought to have required testing were not, in fact, present. Responsibilities of the City and Employees A. Employees tested 1. Following each accident and incident described above the city shall take all practicable steps to assure that all city employees involved in the accident or incident provide blood and urine samples for toxicological testing. 2. Such employees shall specifically include each employee who may have been assigned or a passenger to any vehicle involved in such accident. CITY SECRETARY ORIGINAL COPY 3. An employee is excluded from testing in case of any accident/incident if the city's representative can immediately determine from the basis of specific information that the employee had no role in the cause(s) of the accident/incident. Place of Sample Collection Employees shall be transported to an independent medical facility where the sample shall be obtained. In all cases blood shall be drawn only by a qualified medical professional or by a qualified technician subject to the supervision of a qualified medical professional. Sample Collection and Handling A. (General). Samples shall be obtained, marked, preserved, handled, and made available to authorized representatives of the City of Sanger consistent with the requirements of this section. B. Information Requirements. In order to process samples, analyze the significance of laboratory findings and notify the city and employees of test results, it is necessary to obtain basic information concerning the accident/incident and any treatment administered after the accident/incident. Accordingly, the city representative shall, wherever necessary, complete the information required by such medical treatment facility so far as may be practicable. C. In the case of an employee fatality in an accident or incident described above, the city's representative shall make every effort to cooperate fully with the Denton County Medical Examiner towards the end that appropriate body fluid and/or tissue samples shall be obtained from the remains of the employee for toxicological testing. Report of Test and Refusals If, as the result of the non -cooperation of an employee, the city is unable to obtain an appropriate body fluid and/or tissue sample from an employee for toxicological testing, such refusal shall be grounds for the removal of such employee from the public service of the City of Sanger. CITY SECRETARY ORIGINAL COPY Follow—up It is in the public interest to insure that any city disciplinary actions that may result from accidents and incidents for which testing is required be disposed of on the basis of the most complete and reliable information available so that responsive action will be appropriate. This provision shall not be construed to excuse the city from any obligation to timely charge an employee where the city obtains sufficient information relating to alcohol or drug use, impairment or possession or other rule violations prior to receipt of toxicological analysis. Each sample provided under this subpart shall be retained by the appropriate medical facility for at least six (6) months following the date of the accident or incident and may be made available to the city's representative upon request or to a party in litigation upon service of appropriate compulsory process. Unlawful Refusals; Consequences A. An employee who refuses to cooperate in providing a blood or urine sample following an accident or incident specified in these regulations shall be subject to removal from public employment. Procedures A. Prior to or upon suspending an employee from public employment, the city shall provide notice of the reason for this action and an opportunity for hearing before a presiding official other than the charging official. This hearing may be consolidated with any other disciplinary hearing arising from the same accident or incident (of conduct directly related thereto), but the presiding officer shall make separate findings as to the disqualification required by this section. CITY SECRETARY ORIGINAL COPY Subject of Hearing The hearing required by this section shall determine whether the employee refused to submit to testing, having been requested to submit under the authority of this subpart, by a representative of the City of Sanger. In determining whether an employee should be terminated or suspended, the hearing official shall, as appropriate, also consider the following. A. Whether the city made a good faith determination, based on reasonable inquiry, that the accident or incident was within the mandatory testing requirements of this subpart; and, B. In case where a blood test was refused on the ground it would be inconsistent with the employee's health, whether such refusal was made in good faith and based on medical advice. Authorization to Test for Cause Testing for reasonable cause A. Authorization. The city may, under the conditions specified In this subpart, require any employee, or public official serving the City of Sanger in any capacity, to cooperate in breath or urine testing, or both, under the following circumstances. 1. Reasonable Suspicion. A supervisory employee of the city has a reasonable suspicion that the employee or public official is currently under the influence of or impaired by alcohol, or alcohol in combination with a controlled substance, based upon specific, personal observations that the supervisory employee can articulate concerning the appearance, behavior, speech or body odors of the employee: a. Accident/Incident. The employee or public official has been involved in an accident or incident reportable under these regulations, and the city's supervisory employee has reasonable suspicion that the employee or officials, acts or omissions contributed to the occurrence or severity of the accident or incident; or, CITY SECRETARY ORIGINAL COPY b. Rule Violation. The employee or public official has been directly involved or charged with violating any city policies, rules or regulations dealing with his duties of office or city personnel policies and regulations. The above circumstances shall also be justification and shall constitute reasonable cause for breath testing. Reasonable Suspicion Reasonable cause also exists where a supervisory employee of the city has a reasonable suspicion that the employee or public official is currently under the influence of or impaired by alcohol or a controlled substance, based upon specific, personal observations that the supervisory employee can articulate concerning the appearance, behavior, speech, or body odors of the employee or official, subject to the following limitations: A. An employee or official may be required to submit to urine testing for reasonable suspicion only if the determination is made by at least two (2) supervisory employees or a collateral official of equal dignity and, B. If the determination to require urine testing is based upon suspicion that the employee or official is under the influence of or impaired by a controlled substance, at least one (1) supervisory employee responsible for the decision to require urine testing must have received minimal training in the signs of drug intoxication consistent with a law enforcement program. Preference for Breath Test where Alcohol is Suspected. If an employee or official is specifically suspected only or being under the influence of or impaired by alcohol, breath testing is a preferred means of confirmation. The city shall conduct a breath test before requiring a urine test unless to do so would not be feasible because of unavailability of a testing device or other considerations of safety or efficiency. CITY SECRETARY ORIGINAL COPY Time Limitation Nothing in this section shall authorize testing of an employee with the breath test after the expiration of an eight (8) hour period from the time of the observations or other events described in this section. Construction Nothing in this subpart requires the city to undertake breath testing as a requisite to any disciplinary action or restricts the discretion of the city to proceed based solely on evidence of behavior, personal observations, or other evidence customarily relied upon in such investigations or disciplinary hearings. Breath Test Procedures and Safeguard A. Breath testing tests shall be administered by a competent peace officer, schooled and authorized to administer the breathalizer test to any arrested suspects believed to be driving motor vehicles under the influence of intoxi Wing beverages. If an initial test is positive, the employee or public official shall be tested again after the expiration of a period of not less than fifteen (15) minutes in order to confirm that the test has properly measured the alcohol content of deep lung air. B. Because of the inherent limitations of the instrumentation, any indicative breath test result of less than .82% shall be deemed a negative test. DRUG SCREENING PROGRAM 1. Purpose CITY SECRETARY ORIGINAL COPY The purpose of this directive is to establish City of Sanger policies and procedures under which the drug screening program will be implemented. 2. Background The reason for initiating a drug screening program in the City of Sanger is that public service is a trust which requires unconditional adherence to principles of honesty and integrity, and a constant state of readiness to serve the public in discharging one's duties. Unfortunately illicit drug use has entered into every segment of our society including civil government and medical research has determined that substance abuse has a harmful effect on an individual's performance of his duties. Substance abuse results in impaired judgment, lessened work performance and increased exposure to accidents to fellow workers and the individuals concerned. For these reasons the City of Sanger has a special responsibility to insure that members of its city council, appointed public officials and members of the various city boards and commissions, the city manager, department heads and their supervisory employees, all operators of city owned vehicles, all public safety employees and members of the police reserve force and the fire department volunteers, and all others occupying sensitive positions in the city's work force remain drug free. Drug screening has proven to be an excellent deterrent to the use of Illegal drugs. Further, when sophisticated laboratory methods are used, drug screening is technically valid and accurate. 3. Policy A. Drug screening through urinalysis is a condition of employment for placement into positions covered by the program. Candidates with confirmed positive test results from drug screening shall be subject to loss of consideration for the position applied for, CITY SECRETARY ORIGINAL COPY B. Confirmed positive test results from drug screening demonstrate use of illegal drugs. Consistent with the City's Personnel Policies public servants who improperly use illegal drugs may be subject to removal from the public service. 4. Scope The drug screening program outlined in this directive is limited to drug testing through urinalysis for all prospective applicants for city employment, members of the City Council, appointed city official's and members of city boards or commissions, the city manager, department heads and their supervisory assistants, members of the fire and police departments, their reserve or auxiliary components and all other employees holding sensitive positions with the City of Sanger. Also included within this drug screening program are the animal control officer, and all city personnel who operate city owned or leased vehicles. This drug screening program shall also extend to city personnel involved in accidents resulting in injury to persons or damage to property, to all other employees whose duties are such that lessened work performance because of substance abuse would have a substantial adverse impact on the community and shall be further administered to all persons serving the City of Sanger whether in an appointed, managerial or employee capacity whenever circumstances indicate individualized suspicion which would warrant a reasonably prudent person to believe that such person is under the influence of controlled substances or alcoholic beverages. 5. Definitions A. Immunizing: A technique commonly used in drug screening to detect the presence of drugs in urine. This test uses drug - specific antibodies to discriminate between positive and negative samples. B. Gas Chromatovrat)hv/Mass Sl)ectrometry (GC/MS): An analytical technique which may be used as a confirmation test in urinalysis. GUMS confirms the identity and concentration level of a compound by comparing its unique fragmentation spectrum and response to that of an analytical standard. CITY SECRErAPV OF"GINAL COpV C. Vehicle: Vehicle means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. D. Motor Vehicle: Motor vehicle means every vehicle is self- propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. H. Responsibilities A. The city manager with the assistance of department heads has overall program responsibility for the drug screening program, which includes: (1) determining positions which are covered by the program; (2) authorizing the collection of urine specimens for individuals tentatively selected for screening; (3) obtaining technical interpretations of positive test results; 7. Procedures A. Notification for prospective employees, newly appointed city officials and members of boards of city commission. At the time of notification of tentative selection for a position covered by the program, tentative selectees will be advised that their final Selection and placement into a position is contingent upon successful completion of drug screening through urinalysis (and nay other pre-employment/placement conditions such as medical examination, background investigation, etc.) H. Notification for all other public officials and employees. (1) The city manager or his nominee will generate a "blind" scheduling list of four (4) persons quarterly for drug screening program examinations. CITY SECRETARY ORIGINAL COPY (2) The list of names will be certified to insure no impropriety in selecting personnel. (3) Departments heads will determine if the selected employees are on duty. (4) If employees are on vacation, off -duty or scheduled to appear in court, their names will be rescheduled for future selection. Personnel relieved of duty with pay or on light/limited duty will be required to take the drug screening test. Personnel on disability will be scheduled after consultation with their physicians. (5) The city manager will provide the names of those personnel selected to the appropriate department heads. The city manager's office will notify department heads and appointed city officials and boardmembers of their scheduled times for the drug screening test. (6) All personnel will report immediately to the medical/testing facility after being notified by the appropriate person. All testing must be completed before the end of the examinee's tour of duty, but not later than the day of such notification. C. Sample Collection The guidelines described below will be used in the collection process: (1) The subject (tentative selectee) may be asked to report to a collection location. However, if the collector is not located within reasonable geographic proximity to the subject, or for other reasons the collector may come to the subject's location, or the collector may arrange an alternate location for sample collection. C17Y SECRET RY ORIGINAL COPY (2) When met by the collector, the subject will be asked to show a photo identification. If the applicant does not have one of the types of identification listed below, he/she will be asked to reschedule the appointment. Drug screening will not take place without proper identification. Acceptable I. D.'s are.- * Driver's License with photo * Employee I. D. with photo * Social Security Card with signature, if no photo identification is available No other types of I. D. are acceptable. (3) After identification is made, the subject will be required to provide the following information which will be recorded on a pre -test form. - Name Address Current Job Title/Employer of appointed position Social Security Number Age/Sex Date of Birth Telephone Number The subject will then be asked to fill our a second form which requests the following information: Name Social Security Number Medications taken within the last thirty days (the disclosure of this information is voluntary) The subject will also be asked to explain any circumstances in which he/she may have been in legitimate contact with illegal substances over the last thirty days. , CITY SECRETARY ORIGINAL COPY The subject will be asked to sign a statement which indicates that he/she understands the ramifications of drug screening positive results. (4) Once the pre -test form has been completed, the subject will be asked to remove his/her outer garments (coats, jackets, etc.). In addition, all personal belongings must remain with the outer garments. The subject may retain his/her wallet. No outer garments or personal belongings (purses, bags, etc.) can be taken into the restroom while the subject voids. (5) When the testing takes place, the following procedures will be used. Observation will be "close" but not "direct. " That is, the contractor shall not directly observe the voiding "body to bottle. " Instead, at the collector's location, precautions will be taken to prevent sample adulteration. (6) Upon receiving the specimen bottle back form the subject, the collector will insure it contains sufficient urine volume. If there is not enough urine volume in the bottles, additional urine will need to be collected. (7) If the subject is unable to void at the appointment time, or if the amount of urine voided is not sufficient: a. The subject will be given coffee or water to drink. The subject should void within the hour. b. If he/she is unable to void, the subject will be asked to return within a reasonable period of time during the same day. c. If, after this period of time, the subject still cannot void, the inability to produce a sample will result in loss of consideration for the position applied for. Public officials and employees will be scheduled for a subsequent test. CITY SECRETARY ORIGINAL COPY D. Chain of Custody (1) After the urine specimen is collected, the subject must immediately hand the specimen to the collector. If the specimen is unusually hot or cold, another specimen will be collected. (2) A tamper -proof custody seal will be affixed over the top of the bottle cap and down the opposite sides of the bottle. A urine identification label will be completed and placed around the base of the bottle, making certain it covers both ends of the tamper -proof custody seal. (3) The subject will be asked to read a certification statement, certifying that the urine in the bottle came from his/her body, and then sign his/her signature on the chain of custody forth. (4) The subject is asked again to show proof of identification to insure that the signature matches. (5) The collector witnesses the initial on the tamper- proof seal, and the signature on the custody form, by signing his/her name and professional credentials. (6) All urine specimens will be placed in plastic bags. The bags will be sealed tightly and placed in mailing envelopes. The completed chain of custody form will be folded in quarters and wrapped around the plastic bags. The form will be secured to the bottle. (7) The Drug Screening Pre -test Form will be placed in a sealed envelope. The subject's social security number will be written on the outside of the envelope. The envelope will be sent to the coordinator. This envelope will not be opened unless there is a positive finding, in which case, any information provided on the Pre -test Form (such as prescription drugs taken, or legitimate contact with illegal substances), will be analyzed to CITY SECRETARY ORIGINAL COPY determine its impact on the test results. The envelope containing the Pre -test Form will be destroyed by the Drug Screening Coordinator if the drug screening test is negative. (8) The specimen will be delivered to the laboratory or its authorized representative at the collection location. E. Laboratory Procedures/Laboratory Reporting (1) The contractor uses a combination form which includes both custody documentation and acts as a laboratory requisition. This ensures that all of the necessary information about a particular specimen arrives at the laboratory at the same time as a urine specimen. (2) The laboratory will follow appropriate chain of custody procedures throughout the period the sample is being tested. (3) After testing, negative samples will be discarded by the laboratory. Only samples testing positive after both the screening and confirmation tests will be considered positive. Positive samples will be retained at the laboratory in a frozen state, until the Drug Screening Coordinator directs there to be destroyed. (4) The laboratory shall report the results of the testing to the Drug Screening Coordinator. B. Technical Methodology A. Range of Drugs Drugs which will be tested for are as follows; Marijuana (cannabinoids), Cocaine, Opiates, Amphetamines, and Phencyclidine. B. Technical Protocol CITY SECRETARY ORIGINAL COPY The technical Protocol for the drug screening program is a screening test using immunoassay. Samples testing positive will undergo a confirmation test using gas chromatography/mass spectrometry. C. Quality Assurance Program Blind quality assurance samples will randomly be Intermingled with the specimen samples and analyzed in the same manner as actual specimens. Blind samples will be provided by the laboratory to monitor the performance of the contractor. 9. Personnel Policies A. Advance Notification Whenever possible, vacancy announcements and other recruiting notices will state if a position requires the successful completion of drug testing prior to final placement in the position. An applicant who is tentatively selected for a position will be notified in advance in writing of the drug testing requirement. B. Sample Adulteration Any attempt to substitute another person's urine for one's own, to adulterate a sample, or fraudulently affect reported results will result in disciplinary/adverse action. C. Negative Findings Negative findings (no illegal drugs in the urine) will be reported telephonically or by mail by the city manager or his nominee to the tentative selectee. D. Positive Findings (1) Post -Test Follow-up a, The Drug Screening Pre -test Form of any subject testing positive will be reviewed to determine if CITY SECRETARY ORIGINAL COPY the use of prescription drugs was indicated. If the information on the Pre -test Form is sufficient to determine that the test results are consist with the ingestion of the prescription drugs as described by the subject, rather than the use of illegal drugs, the technical assessment will be documented accordingly, and the tentative selectee will be notified that the results were negative for drug screening purposes. If the information on the Pre -test Form is relevant but insufficient to determine the impact of the medications upon the test results, the subject will be notified in writing by the city manager or his nominee and asked to provide additional information. In such instances, the subject will have five work days to provide evidence of prescriptions taken (i.e., prescription number, prescription date, and/or a Doctor's certificate stating that the subject was taking the medication). b. The Pre -test Form of any subject testing positive will be reviewed for information concerning legitimate contact with illegal drugs. If the subject indicated on the Pre -test Form that he/she was in legitimate contact with illegal drugs within the last 30 days, the subject will be asked to submit documentation from his/her supervisor which verifies this contact. Once this documentation is received the city manager or his nominee may request the chief of police to verify the information. C. An evaluation will be made, with appropriate assistance from technical experts of all information provided in connection with the ingestion of prescription drugs and/or legitimate contact with illegal substances in order to interpret the test results. Candidates will be notified in writing of all interpretations. CITY SECRETARY ORIGINAL COPY (2) Notification of Positive Findings As indicated above, appointed officials and employees who test positive and whose Pre -Test Form contains relevant information on the use of prescription drugs and/or the legitimate contact with illegal substances, will be notified in writing of the technical interpretation of their test results. In addition, officials and employees who test positive but whose Pre -Test Form does not contain relevant information will receive written notification of the positive finding. (3) Independent Testing - Positive Findings A public official or employee who tests positive through drug screening may designate a laboratory for independent testing of a portion of the sample collected at the time of drug screening. In such instances, the laboratory used by the City of Sanger will send a portion of the original sample to a laboratory designated by the employee. Such requests must be made in writing and should be submitted to the city manager. (4) Actions Taken; Prospective Employees and Public Officials Tentative selectees who test positive through drug screening will be referred to the city manager for a suitability determination as appropriate. If found unsuitable, they will lose consideration for the position applied for. (5) Actions Taken: Public Officials and Employees Public officials and employees who test positive through drug screening consistent with these policies, are subject to removal from public employment and/or service. A city employee or public official who does not wish to challenge a positive finding may voluntarily resign. If the employee or official submits a resignation before receipt of an adverse action proposal, the standard form documenting the employee's or official's resignation will indicate the employee resigned for personal reasons and CITY SECRETARY ORIGINAL COPY no additional findings relating to the reason for resignation will be included on the form. E. Refusals Any tentative selectee who refuses to undergo drug screening in conjunction with an employment opportunity will not be considered for that position. Subsequent applications will not be affected by a refusal. Adverse actions will be taken against an employee who refuses drug screening tests and any documentation adversely affecting subsequent applications. 10. System of Records/Privacy Records generated by the drug screening program will be maintained in a system of records and no unauthorized disclosures shall be made to third persons except in accordance with the Texas Open Records Act. The results of drug screening tests shall not be submitted to authorities for use in criminal proceedings. C17Y SECRETARY ORIGINAL Copy SAMPLE DRUG SCREENING PRE -TEST FORM - THE CITY OF SANGER Name (Print) Social Security Number 1. Have you taken any medications in the last thirty days? (You do not need to list any commonly used over-the-counter medications such as aspirin or cold preparations). List types of medications and dates taken: 2. Have you been in direct contact with controlled substances (illegal drugs) in the performance of official duties during the past thirty days? No Yes Please explain the circumstances under which direct contact was made, and the date(s) of such contact(s). 3. My signature below indicates that I understand the following: (1) satisfactory completion of drug screening is a condition of employment/placement in the position applied for; (2) if the results of this test indicate use of illegal drugs, I am subject to loss of consideration for the position applied for, (3) if I am currently a member of the Sanger Council, a city employee, an appointed city official or member of any city board or commission, and the results of this test indicate use of illegal drugs, I am subject to removal from the public employment for service; and, (4) if I refuse to undergo drug screening I will lose consideration for the position applied for, or will be subject to removal as a member of the city council, from public employment, or from my position as a public official or member of a board or commission. signature of subject date signature of witness date CITY SECRETARY ORIGINAL COPY SAMPLE COPY: WHEN TENTATIVELY SELECTED, CANDIDATES WILL RECEIVE THIS FACT SHEET CONTAINING PERTINENT INFORMATION ABOUT THE TESTING PROCESS DRUG SCREENING FACT SHEET PURPOSE: The purpose of the drug screening program is to help insure that Sanger public officials and its work force are drug -free. Since public service requires the highest integrity and readiness, the use of illegal drugs by public officials and employees cannot be tolerated, Drugs which are included under the Sanger drug screening program: All controlled substances enumerated in Article 4476-15 V.A. C. S., including, but not limited to: marijuana, cocaine, amphetamines, opiates (includes heroin and morphine) and PCP. Arranging an appointment: After receiving advice that you have been tentatively selected by the City of Sanger, you will be contacted by a local collection company representative who will set up an appointment with you for your drug test. The time and place of the drug test will be worked out between you and the company representative. Normally, you will be asked to report to a clinic located near your residence or place of business. In some cases, especially if you live in a remote geographic location and if a company representative is not located near you, the representative will travel to your location for the purpose of ,your drug test. In those cases, you and the representative will work out a meeting place of mutual convenience, such as a local hospital, clinic, or a public building such as a police station. What to bring to your appointment: 1. Be sure to bring one of the following types of identification: • Driver's License with photo • Employee I. D. with photo • Social Security Card with signature, if no photo identification is available No other types of I. D. are acceptable. CITY SECRETARY ORIGINAL COPY 2. You should also bring any information relating to any prescription medications you are currently taking or have taken during the past thirty days such as a note from a doctor indicating such medications, or other prescription information including date of prescription, type of medication prescribed, medication concentration, frequency of use, date medication was last taken, prescription number, name of the physician prescribing the medication, and date of prescription. CITY SECRETARY ORIGINAL COPY C I TY OF SANGER EMPLOYEES' DRUG TESTING HANDBOOK Acknowledgment I , , do hereby certify that I have read and do understand the drug testing rules and regulations as established by the City of Sanger, Signature Date PLEASE RETURN TO CITY SECRETARY'S OFFICE WITHIN TEN (10) DAYS OF RECEIPT CITY SECRETARY ORIGINAL COPY Appendix i Drug Screening Program Positions Covered The following positions will require drug screening as a condition of appointment/employment and continued retention into the position except as provided otherwise. specific Positions All Prospective Employees and/or Appointed City Officials or Members of Boards or Commissions Members of the City Council Appointed City Officials City Manager Department Heads Supervisory Employees of each City Department Members of the Sanger Police Reserve Force Members of the Fire Department Members of the Sanger Volunteer Fire Department The Animal Control Officer All City Employees who operate City Owned or Leased Vehicles or Motor Vehicles All other Employees Holding Sensitive Positions CITY OF SANGER P. O. Box 578 Sanger, Texas 78208 Dear CITY SECRETARY 00I6INAL COPY We are pleased to advise you that you have been tentatively selected for employment or appointment to a city position as. f.pllows : Position Title: Salary: At this time, your selection is considered tentative since the position offered or appointment is contingent upon your meeting the applicable requirements designated below: DRUG SCREENING TEST Continued consideration for this position is contingent upon satisfactory completion of a drug screening test. Drug screening will be performed through laboratory analysis of a sample of your urine. Since satisfactory completion of drug screening is a condition of employment/appointment, candidates with positive findings indicating the use of illegal drugs are subject to loss of consideration for this position.