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HomeMy WebLinkAboutOrdinance No. 2816-2015CITY OF KENAI ORDINANCE NO. 2816 -2015 Sponsored by: City Attorney AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 23.35.020- CAUSES FOR WARNING, SUSPENSION, OR DISMISSAL, TO ADDRESS NEW STATE LAWS ON MARIJUANA. WHEREAS, Ballot Measure 2 - An Act to Tax and Regulate the Production, Sale and Use of Marijuana was passed by voters in the last state election and provides in part for limited legalization of personal use and possession of marijuana; and, WHEREAS, use and possession of marijuana is still prohibited by federal law and the City has obligations to prohibit marijuana use and possession in the workplace for federal funding requirements and certain licensed positions; and, WHEREAS, based on recent state legislative proposals it is unclear if marijuana will continue to be listed as a controlled substance under state law; and, WHEREAS, for purposes of safety and due process it is the best interest of the City to amend its code to clarify that with very limited exceptions, marijuana use, consumption, impairment and possession is prohibited in the workplace. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 23.35.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 23.35.020- Causes for warning suspension or dismissal, is hereby amended as follows: 23.35.020 Causes for warning, suspension, or dismissal. (a) When an employee's conduct falls below desirable standards, he or she may be subject to disciplinary action. (b) General reasons for which an employee may be disciplined include: (1) Drinking intoxicating beverages on the job or arriving on the job under the influence of intoxicating beverages. [OR SUCH DRUGS]. (2) Use, consumption, or possession of marijuana, (including every compound, manufacture, derivative, mixture, or preparation of the plant, its seeds or its resin, including mariivana concentrate,) on the iob or arriving on the job impaired by the same, unless the employee has a medical prescription for New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2816 -2015 Page 2 of 3 mariivana from a licensed medical practitioner as a part of a medical treatment and can perform work unimpaired. (3) Illegal use, consumption or possession of any controlled or illegal substance on the job or arriving on the Job impaired by the same. (4) Ingestion, of any prescription or over the counter medication in amounts beyond the prescribed or recommended dosage on the Job, or arriving on the Job impaired by the same. [EITHER ON THE JOB OR WITHIN EIGHT (8) HOURS BEFORE REPORTING TO WORK, OF ANY CONTROLLED OR OTHER DANGEROUS SUBSTANCE, UNLESS PRESCRIBED BY A LICENSED MEDICAL PRACTITIONER.] Employees shall notify their immediate supervisor when required to use prescription medicine that they have been informed has the potential to impair job performance. [NO EMPLOYEE SHALL INGEST ANY PRESCRIBED OR OVER- THE - COUNTER MEDICATION IN AMOUNTS BEYOND THE RECOMMENDED DOSAGE.1 (5) Violation of a lawful duty. (6) Insubordination. (7) Breach of discipline. (8) Being absent from work without first notifying and securing permission from the employee's supervisors. (9) Being habitually absent or tardy for any reason. (10) Misconduct. (11) Conviction of a felony or a misdemeanor involving moral turpitude. (12) Using religious, political, or fraternal influence. (13) Accepting fees, gifts, or other valuable things in the return for performance of the employee's official duties for the City. (14) Inability to perform the assigned job. (15) Political activity as restricted by the Charter. (16) Failure to follow the City's Drug, A[A]lcohol, and Marijuana [SUBSTANCE ABUSE AND TESTINGI policy as set forth in the City of Kenai Employee Handbook. (17) Knowingly or negligently failing to follow Federal and State occupational safety and health regulations and City law and policy regarding the same. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2816 -2015 Page 3 of 3 Section 4. Effective Date: That pursuant to KMC 1.15.070(1), this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of March, 2015.,E r (T/ PAT PORTER, MAYOR A San&kokigh,-C'i0 Clerk Introduced: February 18, 2015 Enacted: March 4, 2015 Effective: April 3, 2015 New Text Underlined; [DELETED TEXT BRACKETED] M 'Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 MEMORANDUM TO: Mayor Porter and Council Members FROM: Scott Bloom, City Attorney SS DATE: February 12, 2015 SUBJECT: Ordinance 2816 -2015, Amending KMC 23.35.020 This Ordinance amends KMC 23.35.020- Causes for Warning, Suspension or Dismissal, to recognize the new status of marijuana under state law. Proposition 2, which was passed by Alaskan voters at the last election, specifically allows for employers to regulate marijuana in the work place. Under federal law, marijuana remains an illegal substance. Many of the City's federal grants require the City to maintain a drug free workplace. For this reason, as well as employee and public safety concerns, I think it is in the City's best interest to prohibit use, consumption or possession of marijuana at the work place or while on the job as well as being impaired on the job. The amendment to Subsection (b)(1) of KMC 23.35.020 removes the language "or such drugs" because "drugs" are discussed in more detail in later sections of the ordinance. Additionally without a definition which is not provided, the phrase is of little value as used in its current context. The amendment to Subsection (b)(2) specifically addresses the workplace prohibition on use, consumption, possession of marijuana and impairment by marijuana except when it is prescribed by a licensed medical practitioner as part of a medical treatment and does not cause impairment. The amendment to Subsection (b)(3) addresses the prohibition with regard to "drugs" described as controlled or other illegal substances. Subsection (b)(4) is amended to address prescription and over the counter drug use. The amendments primarily address the City's concern with behavior at work, deleting references to employee behavior outside of work hours. Subsection (b)(16) is amended to reference the City's new "Drug, Alcohol and Marijuana" policy, as opposed to the old "Drug and Alcohol" policy.