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Resolution 2019-36 Resolution No. 2019-36 A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,APPROVING AN AMENDMENT TO THE UNITED CITY OF YORKVILLE EMPLOYEE MANUAL WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of this State; and, WHEREAS, the City desires to amend the portion of its Employee Manual which addresses the Drug Free Workplace Policy in order to come in compliance the Adult-Use Cannabis Regulation and Tax Act, which pertains to Illinois residents over 21 years of age; and, WHEREAS, it has been determined to be in the best interests of the City to amend Section 2.7 of the Employee Manual, in the form attached hereto in Exhibit"A". NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois that Section 2.7 of the United City of Yorkville Employee Manual in the form set forth on Exhibit "A" attached hereto and incorporated herein are hereby adopted. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 12th day of November, 2019. 010a- fj&elkelt City Clerk KEN KOCH AYE DAN TRANSIER AYE JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER ABSENT CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE SEAVER TARULIS AYE JASON PETERSON AYE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 1 day of J'/OVEMP€(L , 2019. Resolution No.2019-36 Page 1 MAYOR Attest: 01-42, e.aht City Clerk Resolution No.2019-36 Page 2 UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Section 2.7 Alcohol and Drug-Free Workplace Policy&Program ("Policy") a. Purpose of the Policy: United City of Yorkville has a strong commitment to its employees to provide a safe workplace and to establish health care programs that promote employee health and well-being. Consistent with the spirit and intent of this commitment, the City has established this policy regarding drug and alcohol abuse. Quite simply,the City's goal will continue to be one of establishing and maintaining a work environment that is free from the effects of alcohol and drug abuse. While the City has no intention of intruding into the private lives of its employees,the City does expect employees to report for work in condition to perform their duties.The City recognizes that alcohol and drugs can have an impact on the work place and our ability to accomplish our goal of an alcohol and drug-free work environment. b. Preliminary Information: 1. Be assured that we respect the rights of our employees who are registered patients with debilitating medical conditions who are engaging in the medical use of marijuana in compliance with the law. Therefore,this Policy will be construed in a manner consistent with our rights and obligations under the Illinois Medical Cannabis Program, including any applicable interpretative rules that may apply. While the City will not penalize an employee solely for his or her status as a registered qualifying patient under the Compassionate Use of Medical Cannabis Program Act, any employee who is a registered qualifying patient is nevertheless required to comply with this Policy and is subject to discipline up to and including discharge for violations of this Policy and Program. 2. We encourage any employee with a drug or alcohol abuse problem to voluntarily submit to available treatment, including through the City's Employee Assistance Program. In an effort to maintain the high standards of health and safety to which we are committed, we have defined our policy and rules of acceptable conduct in this sensitive area,consistent with the federal Drug-Free Workplace Act,41 U.S.C. §701 and the Illinois Drug Free Workplace Act, 30 ILCS 580, to the extent applicable. 3. Employees who hold safety sensitive positions and/or jobs that are covered by the Department of Transportation drug and alcohol guidelines ("DOT") will be required to adhere to all applicable laws and regulations related to drug and alcohol use, abuse and testing, etc. In the event of a conflict between a provision of this Policy and the DOT regulations,the DOT regulations will govern in all cases. 1 4839-8142-0713.v1-10/8/2019 12:21 PM UNITED CITY OF YORKVILLE EMPLOYEE MANUAL 4. Employees covered by a collective bargaining agreement("CBA") are required to comply with this Policy and the applicable terms of the CBA. In the event of a conflict between this Policy and the terms of the CBA, the CBA will govern for applicable employees. c. "Drugs"defined: The term "drug" as used in this Policy refers to both legal and illegal controlled substances unless the legal use is pursuant to the instruction of a medical professional licensed to prescribe or advise individuals on the use of drugs who has been informed of the employee's job duties and has advised that the substance does not adversely affect the employee's ability to safely perform his or her job. The term "drug" also includes,but is not limited to,cannabis,cocaine,PCP,heroin,morphine,amphetamines and barbiturates. d. Forms/Receipt/Other: Appendices A, B, and C are attached and have been incorporated into this Policy by reference for use by the City when applicable pursuant to this Policy and/or when otherwise required and consistent with our legal obligations. e. Policy Prohibitions (not an all-inclusive list): 1. The use, sale, purchase, manufacture, distribution, dispensation, transfer, or possession of any drug (as defined earlier) and/or alcohol, is prohibited on City premises, and is cause for immediate discharge. The phrase "City premises" includes (without limitation) all job sites, land, property, buildings, structures, installations, parking lots, machinery, vehicles or other means of transportation owned or managed by or leased to City or otherwise being utilized for the City business,and private vehicles while parked or operated on the City premises. Any illegal substances found on City premises will be turned over to the appropriate law enforcement agency and may result in criminal prosecution. 2. Employees are prohibited from working with a detectable amount of alcohol or drugs in their system. Employees are also prohibited from consuming any amount of alcohol or drugs during working time, on-call periods, or during breaks. Any employee violating this prohibition will be subject to disciplinary action up to and including immediate discharge. (Consequently, employees are not allowed to consume alcohol or cannabis during meals or breaks.) 3. Employees must not perform safety-sensitive duties, such as operating a motorized vehicle, if they are aware of any medical condition or have used alcohol or a drug (including prescribed medicine or cannabis)that may adversely affect their ability to perform such duties or that may affect safety,employees,or the public. Such an employee should notify his or her supervisor of the situation as soon as the employee becomes aware of the situation to determine if a reasonable accommodation may be necessary. Any employee violating this prohibition will be subject to disciplinary action up to and including immediate discharge. 2 4839-8142-0713.v1-10/8/2019 12:21 PM UNITED CITY OF YORKVILLE EMPLOYEE MANUAL 4. Under no circumstances may an employee operate an automobile(private,rental or City owned) for business purposes while intoxicated or under the influence of or impaired by alcohol or cannabis,even if outside of working hours. Any employee violating this prohibition will be subject to disciplinary action up to and including immediate discharge. 5. The City reserves the right to inspect packages, bags, briefcases, desks, lockers, automobiles, etc., where there is a reasonable belief that illegal drugs or alcohol may be present on City property. An employee's failure to cooperate with an investigation may result in disciplinary action, including but not limited to immediate discharge. 6. An employee suspected of being under the influence of alcohol or a drug due to specific articulable symptoms (e.g., symptoms of the employee's speech, physical dexterity, agility, coordination, demeanor, irrational or unusual behavior, negligence or carelessness in operating equipment or machinery, disregard for the safety of the employee or others, disruption of a production or manufacturing process, or carelessness that results in any injury to the employee or others), or an employee who is involved in an on-the-job accident which results in property damage or which requires medical treatment, may be required to take a medically approved test(s),to be given by authorized medical personnel,to determine whether this Policy and Program has been violated. e. Request to Submit to Testing for Alcohol and/or Drug Use or Abuse 1. The City reserves the right to consider any employee suspected of being impaired by or under the influence of cannabis during working hours or any on-call period to be in violation of this Policy. This determination will be determined based on when the employee manifests specific, articulable symptoms while working of decreased or lessened performance of the duties or tasks of the employee's job position, including (without limitation) symptoms of the employee's speech, physical dexterity, agility, coordination, demeanor, irrational or unusual behavior, or negligence or carelessness in operating equipment or machinery; disregard for the safety of the employee or others, or involvement in any accident that results in damage to equipment or property or medical treatment of someone involved; disruption of a production or manufacturing process; or carelessness that results in any injury to the employee or others. 2. The City also may require an employee to submit to a drug test if the City has a good faith belief that an employee is or may be under the influence of cannabis or impaired by cannabis during working time based on articulable symptoms such as those set forth in the preceding subsection of this Policy. Employees who are required to submit to a drug test pursuant to this subsection will be afforded a reasonable opportunity to contest drug test request or results. 3. The City also may require an employee to submit to a drug or alcohol test for other reasons where it has a reasonable suspicion that an Employee is or may be in 3 4839-8142-0713.v1-10/8/2019 12:21 PM UNITED CITY OF YORKVILLE EMPLOYEE MANUAL violation of this Policy,including(without limitation)after an employee is involved in an incident or accident that results in damage to property or equipment in excess of $1500 and/or that is sufficiently serious to require medical treatment to an employee or third party. These issues will be addressed on a case-by-case basis based on the circumstances involved to determine if a test is justified. 4. An employee's refusal to submit to a drug and/or alcohol test upon request may result in disciplinary action, up to and including immediate discharge. Refusal includes refusing to report immediately to the testing location upon request,refusal to sign a medical test authorization form as required by the City, refusal to provide specimens unless medically incapable of doing so, and/or attempts to falsify or interfere with the testing process, including failure to comply with instructions or attempting to substitute, dilute, or otherwise change specimens to be tested. Employee consent to testing under this Policy will not act as a waiver of disciplinary action, up to and including discharge for a Policy violation. 5. While the City awaits the results of a drug and/or alcohol test, the employee may be suspended without pay. In this situation, if the results of the test are negative, the employee normally will be reimbursed for regular working time lost due to taking the test(s). e. Convictions for Drug Related Activity Employees who are convicted for off-the-job drug-related activity may be considered to be in violation of this Policy and Program. Employees shall notify the City of any criminal drug statute conviction no later than five(5)days after such conviction. In deciding what action to take,the City will conduct an individualized assessment of the situation and consider the nature of the charges,the nature of the employee's present job assignment, the employee's record with the City, the impact of the employee's conviction on the City and any other factor the City may deem relevant. The City will only take employment actions related to convictions which are job related. Alternatively,and in keeping with the City's desire to encourage treatment and rehabilitation where possible, the City may require a convicted employee to successfully complete an approved drug rehabilitation program in lieu of other disciplinary action. f. Return to Work Testing An employee who returns to work after a leave of absence for any reason lasting longer than 365 consecutive work days, may be required to submit to a return to work drug screen evaluation to ensure the employee can safely perform his essential job functions either with or without a reasonable accommodation if medically necessary. 4 4839-8142-0713.v1-10/8/2019 12:21 PM UNITED CITY OF YORKVILLE EMPLOYEE MANUAL g. EAP or Other Reasonable Accommodations: Employees with an alcohol or drug use or abuse problem are encouraged to contact the City's Employee Assistant Program for possible referral for treatment. The City will not discipline an employee who voluntarily seeks treatment for a substance abuse problem if the employee is not in violation of this Policy and Program or other rules of conduct. The cost of such treatment is at the employee's expense (subject to possible coverage, if any, by group health insurance). Seeking such assistance will not be a defense for violating this Policy and Program nor will it excuse or limit the employee's obligation to meet the City's policies, rules of conduct, and standards, including but not limited to those regarding attendance,job performance,and safe and sober behavior on the job. h. Assurances against Retaliation Be assured that no employee who reports a possible Policy violation and/or who seeks a reasonable accommodation to deal with alcohol or drug use or abuse will not be subject to retaliation for that purpose. Of course, an employee who submits an intentionally false report of a possible policy violation will be subject to disciplinary action including immediate dismissal. Note: A report that is unsubstantiated but reported in good faith is not in violation of this Policy. 5 4839-8142-0713.v1-10/8/2019 12:21 PM UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Appendix A Acknowledgement of Receipt of Drug Free Workplace Policy and Agreement to Abide by Policy I, , hereby acknowledge that I have received a copy of the United City of Yorkville's("City")Drug Free Workplace Policy("Policy"). In conjunction with my receiving a copy of the Policy,I further acknowledge the following: 1. I have read the Policy and fully understand the terms contained therein and the consequences for violating any term of the Policy. 2. I understand that my compliance with all terms of the Policy is a condition of my employment with the City, and I agree to abide by all terms of the Policy. 3. As applicable, if a post-accident drug and/or alcohol (if job related)test is required under this Policy and I am seriously injured and unable to provide a specimen at the time of the accident, then this Acknowledgement shall be considered my authorization for the City to obtain hospital reports and other documents which would indicate whether there were any controlled substances and/or alcohol in my system. 4. I authorize the collection site, laboratory and/or medical review officer retained by the City to perform any and all functions which those entities and/or individuals may be required to perform pursuant to this Policy or applicable regulations. Such authorization shall include, but is not limited to, the release of test result information to the City, verification of the use of prescribed medications, obtaining information from the employee's physician, hospital, dentist or pharmacist and the reporting of negative test results with a qualifying statement in cases wherein an employee may be taking a legally prescribed drug. 5. I hereby release and hold harmless the City and its employees and agents from any liability whatsoever arising from the Policy. 6. The City reserves the right to amend or modify this Policy at any time. Employee's Signature Date 6 4839-8142-0713.v1-10/8/2019 12:21 PM UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Appendix B Drug Free Workplace Consent to Testing(Current Employee) I, ,acknowledge receiving written notice of the existence of the United City of Yorkville (the "City")Drug Free Workplace Policy(the "Policy"). As a condition of continued employment or service to the City, I understand and agree that I must not use,buy, sell,accept as a gift, experiment with,traffic in or be otherwise involved with illicit or inappropriate drugs or alcohol when it could affect the safe performance of my job. I understand that the Policy does not apply to medication properly taken as prescribed by a licensed physician, except as provided by the Policy. I further understand and agree that I may be required to submit to testing for the detection of prohibited substances or alcohol based upon suspicion, following an on-the-job accident or injury, or following a violation of this policy. I understand, further, that refusal to submit to testing when requested to do so by a supervisor will result in discipline up to and including termination. My signature below indicates my understanding of this Policy and what is expected of me, my consent to be tested and my authorization to release to any collection site personnel, medical review officer or City representative the information necessary to comply with this Policy. Employee's Signature Date Witness' Signature Date 7 4839-8142-0713.v1-10/8/2019 12:21 PM UNITED CITY OF YORKVILLE EMPLOYEE MANUAL Appendix C Drug Free Workplace Post-Offer Consent to Testing(Applicant) I, , understand and acknowledge the following: After an offer of employment has been extended by the United City of Yorkville ("the City"), I must undergo a drug screen designed to identify whether or not I use illegal drugs. This drug screen will be administered by a clinic or lab selected by the City. All offers of employment with the United City of Yorkville are contingent on a negative drug test. Should a positive test result exist, my offer of employment will be automatically rescinded by the City, unless I submit documentation supporting the legitimate use for a specific drug or the specific drug that resulted in a positive determination. This documentation must be made either prior to or within 24 hours after the positive drug result is communicated to me. If I test positive, I may re-apply for employment with the City after a time period of twelve(12) months. I also understand and agree that should I refuse to consent to a test or test positive for the use of an illegal controlled substance,I will not commence work for the City and the job offer will be automatically rescinded. My employment is expressly conditioned on the successful passage of the pre-employment drug screen. In recognition of the requirements of the Americans with Disabilities Act(ADA),the City will not discriminate against any applicant who has successfully completed a drug or alcohol rehabilitation program. However, the ADA does not prevent the City from refusing to hire any applicant who tests positive for illicit drug use prior to employment. I authorize the collection site,laboratory and/or medical review officer retained by the City to perform any and all functions which those entities and/or individuals may be required to perform pursuant to this Policy or applicable regulations.Such authorization shall include,but is not limited to, the release of test result information to the City, verification of the use of prescribed medications, obtaining information from the applicant's physician, hospital, dentist or pharmacist and the reporting of negative test results with a qualifying statement in cases wherein an applicant may be taking a legally prescribed drug. I understand and agree my employment with the City, if any, is for no definite period of time and that the City may elect to discontinue my employment relationship for whatever reason it considers proper and at any time. I, likewise, may leave the City for whatever reason I consider proper and at any time. 8 4839-8142-0713.v1-10/8/2019 12:21 PM UNITED CITY OF YORKVILLE EMPLOYEE MANUAL I hereby release and hold harmless the United City of Yorkville and its employees and agents from any liability whatsoever arising from this Policy. Employee's Signature Date Witness' Signature Date 9 4839-8142-0713.v1-10/8/2019 12:21 PM