HomeMy WebLinkAboutORDINANCE 1670-1995
. Suggested by: Administration
CITY OF KENAI
ORDINAHCB W0. i670-95
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KMC SECTION 23.35.020 TO SUBJECT EMPLOYEES TO
DISCII~LINARY ACTION FOR FAILURE TO COMPLY WITH THE CITY~S DRUG
AND ALCOHOL ABUSE AND TESTING POLICY OR FAILURE TO COMPLY WITH
CITY, STATE OR FEDERAL SAFETY AND HEALTH LAW, REGULATIONS AND
POLICY.
WHEREAS, the Cfty of Kenai has a public trust to provide a
variety of services to the community. An efficient and
productive work force is vital to carry out that trust. The
public has a reasonable right to expect persons employed by the
City of Kenai to perform their duties free from the effects of
drugs, including alcohol; and
WHEREAS, the City has an obligation to seek public safety through
the actions of its employees. Furthermore, employees of the City
have a reasonable right to work in a safe environment free from
the effects of drug use, including alcohol. The City has a
.N~-~ reasonable right to expect employees to report for work fit for
duty free from the effects of drugs, including alcohol• and
WHEREAS, the City has an obligation to ensure employee and public
safety through the actions of its employees. Furthermore, the
City has the right to ensure that its employeesDwill comply with
City, State, and federal occupational safety and health
regulations, law and policy.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that KMC 23.35.020 is amended as follows:
23.35.020 Causes for Warnina. Suspension, o~_Dtsmissal: (a)
When an employees conduct falls below desirable standards, he
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) Illegal possession of any controlled substance on
the job.
(3) Ingestion, either on the job or within eight 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 inform®d has the
potential to impair job performance. The employee shall advise
the supervisor of the known side effects of such medication, as
well as the prescribed period of use. No employee shall ingest
any prescribed or over-the-counter medication in amounts beyond
the recommended dosage.
(4) Violation of a lawful duty.
(5) Insubordination.
(6) Breach of discipline.
(7) Being absent from work without first notifying and
securing permission from the employee's supervisors.
(8) Being habitually absent or tardy for any reason.
(9) Misconduct.
(10) Conviction of a felony or a misdemeanor involving
moral turpitude.
(11) Using religious, political, or fraternal
influence.
(12) Accepting fees, gifts, or other valuable things in
the return for performance of the employee's official duties for
the City.
(13) Inability to perform the assigned job.
(14) Political activity as restricted by the Charter.
15 Failure to follow the City's alcohol and
controlled substance abuse and testing nolicv as set forth in the
City of Kenai Emvloyee Handbook.
16 Knowinalv or negligently failing to follow federal
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day
(12/15/95)kh
Introduced: December 20, 1995
Adopted: January 3, 1996
Effective: February 3, 1996
CITY OF KENAI
L
-, l~~l o~ ~,q~a~~,~
~ 210 FIOALGD AVE., SUITE 200 KENAI. ALASKA 998117794
TELEPHONE807.283-7535
FAX 807.283.3014
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MEMORANDIIM
Tos Kenai City Council
8roms Thomas J. Manninen, City Manager~/w
Dates December 15, 1995
RE: Introduction of an ordinance Dealiaq with the
Regulation oa the uas o! Aicohoi and Drugs; City
Empioymsat Poiiay Developmeat Mili be Included in the
. City o! lcenai Employee Handbook and City o~ lcsnai
supervisor's Handbook
Attached for Council consideration at the December 20, 1995
Council meeting is an ordinance defining, limiting and
restricting the use of alcohol and drugs and providing penalties
and testing procedures for the same.
• Once adopted, the City Administration will promulgate rules and
distribute them in the City's EEmployee Handbook and Supervisor's
Handbook as well as incorporated in Chapter 23 of the Kenai
Municipal Code dealing with general conduct, discipline,
termination, and appeal.
•