Ordinance No. 6,491930114 -6
ORDINANCE NO. 6491
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AMENDING THE CITY OF BAYTOWN PERSONNEL RULES RELATING TO
THE REHABILITATION SECTION OF THE CITY'S DRUG TESTING
POLICY; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City of Baytown Personnel Rules are
hereby amended by the repeal of Section 11 of Chapter 9, as
presently constituted and substituting in its place new Section 11
which shall read as follows: .
CHAPTER 9
Section 11. Rehabilitation Programs
The City of Baytown recognizes that alcohol and drug
abuse can be successfully treated. Therefore, the City
provides a confidential Employee Assistance Program (EAP)
for its employees and their dependents that have personal
problems including, but not limited to, illegal usage of
drugs or alcohol. The City of Baytown encourages the
usage of the EAP as a referral source to assist the
employee /dependents in identifying resources to resolve
their problems. The Human Resources Department has
further specific information on the EAP.
Participation in a program does not limit the City of
Baytown "the right to seek reasonable assurances that no
illegal use of drugs is currently occurring. The
reasonable assurances that [the City of Baytown] may ask
applicants or employees to provide include evidence that
the individual is participating in a drug treatment
program and /or evidence, such as drug test results, to
show that the individual is not currently engaging in the
illegal use of drugs (29 CFR part 1630.3)." In simpler
terms, the employee is subject to continued drug and
alcohol screening at the discretion of the City.
If an employee elects to self- identify as having an
alcohol or drug related problem and is willing to
immediately participate in a treatment program and agrees
to being monitored through drug tests at the discretion
of the City, the City will make reasonable accommodations
to assist the employee and will not take disciplinary
action based on the self - identification. The City will
request periodic proof of participation and drug - testing.
930114 -6a
Failure to comply with the provision or a positive test
result indicating illegal drugs or alcohol in the system
shall result in immediate termination.
Section 2: All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby
repealed; provided however, that such repeal shall be only to the
extent of such inconsistency and in all other respects this
ordinance shall be cumulative of other ordinances regulating and
governing the subject matter covered by this ordinance.
Section 3: If any provisions, section, exception,
subsection, paragraph, sentence, clause or phrase of this
ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional,
void or invalid, such invalidity shall not affect the validity of
the remaining provisions of this ordinance or their application
to other persons or sets of circumstances and to this end all
provisions of this ordinance are declared to be severable.
Section 4: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 14th day of
January, 1993.
BOBBY J. CREOILLE, Mayor
ATTEST.
EILEEN P. HALL, City Clerk
ACIO RAMIRE , R. City Attorney
legal / council /1- 14- 93aoendPERSONNELrranua1
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