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CITY COUNCIL AGENDA PACKET
July 27, 1993
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AGENDA A21*I!
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CITY OF DENTON CITY COUNCIL Q
July 27, 1993
Special Call Session of the City of Denton City Council on Tuesday,
July 27, 1993 at 5:15 p.m. in the Civil Defense Room of City Hall,
215 E. McKinney, Denton, Texas at which the following items will be
considered:
5:15 p.m.
1. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S.
1. Consider claim against GTE franchise.
B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S.
C. Porsonnel/Board Appointments Undor Sec. 2(g), Art.
6252-17 V.A.T.S.
2. Consider adoption of an ordinance authorizing the Mayor to
execute an amendment to the existing street use agreement
between the City of Denton and Texas Utilities Electric
company.
3. Discussion regarding a proposed North Denton Center
Neighborhood Association/North Texas Fair Association Task
Force and give staff direction.
4. Receive a report and hold a discussion regarding the City0s
Anti-substance Abuse and Rehabilitation Policy (1108.12), Drug
and Alcohol Free Workplace Policy (1108.11), and drug
screening procedures and practices.
5. Discussion regarding the qualifications of members to serve on
the Sales Tax Task Force.
6. Miscellaneous matters from the City Manager.
7. New Business
This item provides a section for Council Members to suggest
items for future agendas.
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City of Denton City Council Agenda
July 27, 1993
Page 2
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas, on
the day of 1993 at o'clock a.m.
(p.m.) f )
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECTETARY?S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE.
ACCO0135
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CITY COUNCIL
AGENDA ITEM
TO. MAYOR AND CITY COUNCIL MEMBERS
FROM; LLOYD V. HARRELL, CITY MANAGER
SUBJECT; CONSIDER AN ORDINANCE AMENDING THE EXISTING STREET RENTAL
AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES
ELECTRIC COMPANY TO PROVIDE FOR A DIFFERENCE CONSIDER-
ATION) EXTENDING THE TERM OF SAID EXISTING STREET
AGREEMENT; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR
ACCEPTANCE BY TEXAS UTILITIES ELECTRIC COMPANY; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
IS PASSED IS OPL9 TO THE PUBLIC AS REQUIRED BY LAW; AND
DECLARING AN EMERGENCY.
RECOMMENDATION!
The staff recommends approval of this ordinance amending the
Street Use Agreement and increasing the payments from TU
Electric from 34 to 4 1 of gross electric retail sales.
SUMMARYY\BACKGROUNDi
James Loveday, TU Electric's Area Manager, has advised
that TU is offering to increase the Street Rental
Agreement for Denton from 31 to 43. TU Electric has
between 700 to 800 customers in Denton, mostly in mobile
home parks in eastern Denton, with total revenues of
approximately ;1,1501000 per year. The added 11 will
provide approximately an additional ;1,000/month of
revenue to cities' general fund. The present Street
Rental Agreement is a 10 year agreement aid expires in
1997. TU has also offered to pay the added 11 retro-
active to June 1, 19930 if Denton agrees to the new
agreement by July 31, 1993.
This ordinance amending the existing Street Use Rental
Agreement does not alter that agreement except that it
increases the fee from 31 to 41. Paragraph 3 of the amendment
relates to TU Electric obligation under the Public Utility
Regulatory Commission Act, Section 240 which requires the
regulated utility to reimburse the City for any costs the City
incurs while intervening in the rate review before the Public
Utility Commission.
tuelect.727
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Electric's This paragraph states that if Denton intervenes in TU rate cast Public Utility Commission Docket
11735, that Denton will pay it's own expenses for such
intervention. Further if Denton joins with several othor
cities now intervening in that rate (via their
Steering Committee) all expenses that TU Electric must
pay to that Steering Committee on behalf of Denton, will
be reimbursed to TU Electric. Since Denton does not plan
to intervene and has not and does not have any intention
of joining with the "Steering Committee", this paragraph
has no effect on Denton.
AGENCIES AFFECTEDi
The citizens of Denton served by TU Electric General Govern-
ment; TU Electric.
FISCAL IMPACTt
This added 14 in Street Rental use fees will add approximately
$12,000 to the 1994 General Government revenues and approxi-
mately $3,000 to the 1993 revenues.
Respec ully submitted,
L1 y V. Harrell
City Manager
Prepared byi
R. E. Nelson
Executive Director of Utilitiee
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ORDINANCE N0.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE
EXISTING STREET USE AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS
UTILITIES ELECTRIC COMPANY; AND PROVIDING AN EFFECTIVE DATE.
"TU Electric")T is engaged In the business of providing electric
utility service within the city of Denton (hereinafter called
"City") and is using the public streets, alle s
rights-of-ways within the City for that purpose under the termsaof
a Street Use Agreement, approved by ordinance heretofore duly
passed on October 20, 1987; and
WHEREAS, TU Electric has, pursuant to said Street Use Agree-
ment ordinance, been paying to the City a sum equal to three per-
cent (94) of its gross receipts from the retail sale of electric
power and energy within the City for the rights and privileges set
forth in said Street Use Agreement ordinance and, in addition
thereto, has offered reimbursement to the City for its ratemaking
expenses pursuant to Section 24 of the Public Utility Regulatory
Act; and
WHEREAS, the City and TU Electric desire to amend said Street
Use Agreement ordinance to provide for a different consideration to
consist of a ■um equal to four percent (0) of its gross receipts
from the retail sale of electric power and energy within the City,
which different consideration includes, among other things, TU
Electric's obligation to reimburse the City for its ratemaking and
other regulatory expenses to be incurred by the City involving the
regulation of TU Electric; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs
SEC'rON i• That the Mayor is hereby authorized to execute
Amendment Number One to the Street Use Agreement between the city
and TU Electric.
SECTIONII That this ordinance shall take effect immediately
upon its passage and approval.
SECTION III. That it is hereby officially found and deter-
mined that the meeting at which this ordinance is passed is open to
the public as required by law and that public notice of the time,
place and purpose of said meeting was given as required by law.
9ECTI_ 0_.N ?V That the City Secretary is hereby directed to
affix a copy of this ordinance to Ordinance Number 87-186 and
inscribe thereon the notation that the Agreement has been amended
with the adoption of this ordinance.
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PASSED AND APPROVED this the day of
1993.
BOB CASTLEBERRY, MAYOR
ATTESTi
JENNIFER WALTERS, CITY SECRETARY
BYt
APPROVED AS TO LEGAL FORMS
DEBRA A. DRAYOVITCH# CITY ATTORNEY
BYI
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AMENDMENT NUMBER ONE TO THE AGREEMENT BETWEEN
TEE CITY OF DENTON AND TExAB UTILITIES ELECTRIC COMFAVY
WHEREAS, Texas Utilities Electric Company (hereinafter called
"Company") is engaged in the business of providing electric utility
service within the City of Denton (hereinafter called "City") and
is using the public streets, alleys, grounds and rights-of-way
within the City for that purpose under the terms of an Agreement,
approved by ordinance heretofore duly passed on October 20, 1987,
by the governing body of the City and duly accepted by Company, a
copy of which is attached hereto as Exhibit "A"; and
WHEREAS, Company has, pursuant to said Agreement, been paying
to the City a sum equal to three percent (3%) of its gross receipts
from the retail sale of electric power and energy within the City
for the rights and privileges set forth in said Agreemc,.dt and, in
addition thereto, has offered reimbursement to the City for its
ratemaking expenses pursuant to Section 24 of the Public Utility
Regulatory Actf and
WHEREAS, the City and Company desire to amend said Agreement
ordinance to provide for a different consideration to consist of a
sum equal to four percent (0) of its gross receipts from the
retail sale of electric power and energy within the City, which
different consideration includes, among other things, Company's
obligation to reimburse the city for its ratemaking and other
regulatory expenses to be incurred by the City involving the
regulation of Company; NOW, THEREFORE, THE PARTIES AGREE AS
FOLIAWS 3
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SECTION I. That Section i of the Agreement between the City
and Company, dated October 20, 19070 is hereby amended to provide
that the consideration payable by Company for the rights and
privileges granted to Company shall be four percent (0) of its
gross revenues from the sale of electric power and energy within
the corporate limits of -the City, said changed percentage to be
appiied to said gross revenues beginning on June 1, 1993, and being
j payable as specified in said Agreement.
FECTION II. That Section 2 of the Agreement between the Ci*y
and Company is hereby amended to read as follows:
City agrees to accept such payment as full compensation
to be paid by Company for the privilege of using and oc-
cupying the streets, alleys, highways, easements, parks,
and other public places within the present and future
territorial limits of City, while this agreement is in
effect, in lieu of and shall be accepted as payment for
all of Company's obligations to pay occupation taxes,
assessments, municipal charges, fees, rentals pole ren-
tals, wire taxes, license and inspection fees or charges,
AcendaNo 434A -
Apeadaite`6 tl
Date
administrative and processing fees, utility easement
taxes, franchise taxes, street taxes, street or alley
rentals, certain regulatory expenses under section 24 of
the Public Utility Regulatory Act or any successor law,
and all other charges, levies, fees, rentals and taxes of
every kind, except the usual general or special ad
valorem taxes which the City is authorized to levy and
impose upon real and personal property, assessments for
public improvements, and sales taxes as allowed by State
or local law.
SECTION Ili. That Company shall make a one-time payment
hereunder for the purpose of making the changed consideration as
specified in Section I hereof effective on June 1, 1993, without
altering the payment dates specified in said Agreement, said one
time payment being due and payable thirty (30) days after the date
of execution of this agreement, and being a sum calculated as
follows:
(a) Company shall determine the monthly average of its gross
revenues from the retail sale of electric power and energy within
the City during the period upon which the most recent Agreement
payment made to the City prior to June 1, 1993, was based;
(b) the said monthly average of its said gross revenues shall
be multiplied by 11 (0.01)1 and
(o) the product so calculated shall be multiplied by the num-
ber of whole months from June 1, 1993, through the last day of the
last month of the period for which the most recent Agreement pay-
ment made to the city prior to June 1, 1993, was made.
SECTION IV. The parties agree that Company will continue to
reimburse the City's ratemaking expenses, if any, in connection
with the appeal and any remand of Public Utility Commission of
Texas Docket No. 11735 that are otherwise reimbursable under Sec-
tion 24 of the Public Utility Regulatory Act, and will continue to
reimburse the City's ratemaking expenses, if any, in connection
with Public Utility Commission of Texas Docket No. 11735 that are
otherwise reimbursable under Section 24 of the Public Utility Reg-
ulatory Act to the extent that said ratemaking expenses are incur-
red through the entry of the last action by the Public Utility
Commission of Texas (i.e., the said Commission's order overruling
the last motion for rehearing) in said Docket No. 11735. The City
hereby agrees that any ratemaking expenses incurred in connection
with said Docket No. 11735 that the City incurs on appeal of said
order will be the City's sole responsibility and further agrees
in the event that the City is a participant in the joint inter-
vention of cities managed by the Steering Committee of TU Electric
Company Service Area Cities intervening in Docket No. 11735, that
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the City decides to continue to participate with the Steering com-
mittee in such appeal of said order, and Company is required to
reimburse said Steering Committee for ratemaking expenses under
section 24 of the Public Utility Regulatory Act that are incurred
on appeal of said order in Docket No. 11735 to reimburse Company
the City's share of reimbursable expenses related to said appeal
and owed by Company to said steering Committee determined by the
methodology chosen by the said steering committee (the City to
notify Company of the method so chosen by the Steering Committee
prior to the submission of an invoice by the steering Committee for
the payment by Company of said reimbursable expenses related to
said appeal).
SECTION V. That 'n all respects, except as specifically and
expressly amended by this document, the said Agreement ordinance
heretofore duly passed by the governing body of this City and duly
accepted by Company shall remain in full force and effect according
to its terms until said Agreement terminates as provided therein.
SECTION VI. This amendment shall take effect July 27, 1993.
EXECUTED this the day of , 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORMt
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BYt `
TEXAS POWER i LIGHT COMPANY
a division of Texas Utilities
Electric Company
BY:
EXECUTIVE VICE PRESIDENT
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300 2039E Agenda No
EXHIBIT "A" Dole lie
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THE STATE OF TEXAS S AGREEMENT BETWEEN THE CITY
OF DENTON, TEXAS AND TEXAS
COUNTY OF DENTON I UTILITIES ELECTRIC COMPANY
This agreement, made and entered into by and between the City
of Denton, Texas, hereinafter called "city,,, and Texas Utilities
Electric Company, hereinafter called "Company".
WITNESSETH:
WHEREAS, Company is operating an electric distribution
system, including poles, wires, transformers, meters, and other
appurtenances within the City of Denton, Texas, and no
compensation has been paid, is presently being paid, or is
provided to be paid, to City for the use and occupancy of the
streets, alleys, highways, easements, parks, and other public
places within said City, or other charges in tonne
coon with such
uses and
WHEREAS, it is the desire of the City and Company to agree
upon the rental or compensation for such use and occupancy and
the parties hereto have agreed upon an amount to be paid annually ,
by company for such purpose;
NOW, THEREFORE, in consideration of the mutual covenants and
agreements hereinafter set forth, and the mutual benefits to be
derived therefrom, the parties hereto agree as follows:
1, That Company, its successors or assigns, shall pay annually
three percent (31) of its gross revenues from the sale of elec-
tric power and energy at retail in the City as full payment for
the right and privilege of using and occupying the present and
future streets, alleys, highways, easements, parks, and other
public places within the City. The first payment shall be due on
acceptance and subsequent payments shall be made on or before
October 1 of each year thereafter, Each payment shall be based
on the gross receipts from the retail sale of electricity within
the corporate limits of City during the twelve (12) month period
ending July 31 next preceding the payment and shall be payment
for the aforesaid right and privilege during the twelve (12)
month period beginning with October 1 of the year in which the
payment is made. The first payment on acceptance is based on the
revenue collected during the preceding twelve month period
heglnning August 1, 1986 and ending July 31, 1987. This payment
covers the street rental agreement period of October 10 1987,
through September 30, 1988, with subsequent payments to be
rendered as previously stated. Company shall provide a complete
report in support of its calculatl^gs with each such payment and,
upon request, shall provide and allow inspection of all necessary
books and records of Company.
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2, City agrees to accept such payment as full :ompensation to
be paid by Company for the privilege of using and occupying the
streets, alleys, highways, easements, parks, and other public
places within the present and future territorial limits of City,
while this agreement is in effect, in lieu of and shall be
accepted as payment for all of Company's obligations to pay
occupation taxes, assessments, municipal charges, fees, rentals,
pole rentals, wire taxes, license and inspection fees or charges,
administrative and processing fees, utility easement taxes,
franchise taxes, street taxes, street or alley rentals and all
other charges, levies, fees, rentals and taxes of every kind,
except the usual general or special ad valorem taxes which the
City is authorized to levy and impose upon real and personal
property, assessments for public improvements, and sales taxes as
allowed by State or local law.
3. That the Company shall indemnify and save whole and herm-
less the City and all of its officers, agents, and employees from
any and all claims for injury or damage to persons or property
occasioned by, or arising out of the construction, maintenance,
operation, or repair of the generation, transmission, or distri-
bution system, or by the conduct of business in the City provided,
however, nothing herein shall be construed to indemnify the City
against the City's own negligence or fault. It is understood
that it is not the intention of the parties hereto to create
liability for the benefit of third parties, but that this
agreement shall be solely for the benefit of the parties hereto.
4. That all poles to be placed shall be of sound material and
reasonably straight, and shall be so set that they will interfere
as little as practicable with the ordinary travel on alleys,
streets or sidewalks or with the flow of water to any gutter or
drain. The location and route of all poles, stubs, guys, anchors,
conduits and cables to be placed and constructed by the Company
in the construction and maintenance of its electric utility
distribution system in the City, shall comply with all pertinent
requirements of the National Electrical Safety Code and all rules
and guidelines that have been properly promulgated by the city
which are not inconsistent with this agreement and as may be
authorized by State or Federal law,
S. That in any future construction, in new developments,
lateral and service distribution lines and wires shall be placed
or constructed underground in all areas designated in advance of
construction by the City for all electric utilities in the plat
approval process or by zoning ordinances, provided that the
excess of the cost of underground facilities over the cost of
overhead facilities shall be paid to Company by the developer,
builder, users of such underground facilities or the City. In
such designated areas, distribution feeder lines may be overhead
and transformers and similar equ.pment may be pad mounted. The
PAGE 2
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AgendaFt
C~Se ~ City Council or the City Manager, acting or, their behalf, may,
the ion lE pany, waive the requirement of
underground 1oRastallat
exemption. As used in this section cause is shown for such
"Feeder lines" shall mean those electric lines that
emanate from substations to distribute power throughout
an area,
"Lateral lines" shall mean those electric lines that
emanate from a feeder line and are used to distribute
power to smaller areas of electric consumers. These
electric lines are normally connected to a feeder line
through a sectionalizing device such as a fuse or
disconnect switch.
"Service lines" shall mean those electric lines which,
through a transformer, connect a lateral line to a
customer's service entrance.
b. Company shall, on or before the 15th day of each month,
report to the City Engineer each opening or disturbance of the
paved surface of any street, alley, highway, public right-of-way
or public places by Company during the preceding month. The ,
surface of any street, alley, highway or public place within the
City disturbed by the Company in building, constructing, renewn
or maintaining its electric utility distribution systshallibe
restored within a reasonable time after the completion of the
work to the condition existing prior to such work and such repair
shall be maintained because of defective workmanship by Company
for one (1) year from the date the surface of said street, alley,
highway or public place is broken for such construction after which time such maintenance shall become the
responsibility of the City. Company shall be responsible for
promptly restoring, to as good condition as before the commence-
ment of the Company's work, all streets, alleys, sidewalks and
other paved areas covered by this agreement. No such street,
alley, highway, or public place shall be encumbered for a longer
period than shall be necessary to execute work. It is understood
that it is not the intention of the parties hereto to create any
liability for the benefit of third parties, but that this
agreement shall be solely for the benefit of the parties hereto.
7. Nothing herein shall enlarge, diminish, amend, affect or
otherwise prejudice any certificate of convenience and necessity
granted to either City or Company,
8. Company's property acid operations within the corporate
limits of City shall be subject to such reasonable rules and
regulations of City as may be a,-*horized by applicable law for
the protection of the general public. Company shall comply with
PAGE 3
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Agenda 11
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all subdivision rules and regulations of City generally in effect
to the extent that same are valid and authorized by applicable
state or federal law. Charges for installation or maintenance of
street lighting, including extension costs charged to developers,
shall be in accordance with Company's tariffs.
9. This agreement supersedes and cancels al'l prior agreements
between City and Company relating to matters herein set forth.
10. This agreement shall terminate September 30, 1997.
IN TESTIMONY WHEREOF, witness t e ..signatures o arties
hereto, in duplicate original, this day of ,
1987.
CITY OF DENTON, TEXAS
BY:
RAYS , MATUR
ATTEST:
APPROVED AS TO LEGAL FORM;
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY 4 LlJ
TEXAS POWER 8 LIGHT COMPANY,
a division of Texas Utilities
Electric Company
BY:
AKEY
EXECUTIVE VICE ESIDENT
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DATE: 07/27/93 /6T o
UTY COUNC]4 REPORT fQFMAT
WORK SESSION
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Update on City's Anti-Substance Abuse and Rehabilitation Policy,
Drug and Alcohol Free Workplace Policy, and Drug Screening
Procedures
RECOMMENOATION:
It is the staff's recommendation that the City Council authorize continued
use of the current policies and procedures related to maintaining a drug and
alcohol free work environment and methods used to drug screen applicants and
employees.
SUMMARY:
In June, 1991, the City Council adopted resolutions authorizing the City
Manager to Implement policies and procedures designed to comply with federal
laws to ensure a drug and alcohol free work place. The Drug and Alcohol
Free Workplace policy is designed to provide employees a working environment
free of the problems associated with the use of and abuse of alcohol and
controlled substances. The Anti-substance Abuse and Rehabilitation Policy
Is designod to provide procedures for managers and supervisors to prevent a
potential drug user from entering the organization and to deal
appropriately with a current employee who may develop a problem related to
drug or alcohol use or abuse. Conversely, the policies ensure that the City
Is not invading the privacy of the individual as a citizen.
Since July, 1991 (effective date of the policies), we have conducted
approximately 670 drug screens, using procedures recommended by the
National Institute of Drug Abuse (NIOA). Of those drug screens conducted,
we have experienced approximately 91% negative results and 3% positive
results. About 15 applicants have been rejected for employment and 9
employees have been disciplined and referred to an appropriate referral and
counseling source.
Overall, our program has been successful. Usually, once an employer
communicates that It is a drug and alcohol free work place and that we drug
screen for employment purposes, many current drug users simply do not apply
for employment.
We further believe that our policies and procedures regarding current
employees are fair and are administered equitably. We have several success
stories of employees who have developed on the job problems because of
chemical use or abuse, addressed and corrected both problems, and are
demonstrating productive, safe contributions in their jobs and home life.
6
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July 27, 1993
City Menager Report to City Council - Drug Screening Policies - Update
Page 2
PACKGROUND,.
Managers and supervisors within the City's departments requested that the
City providQ the tools and techniques to deal with drug and alcohol use and
abuse. In 1986, a federal law, the Drug Free Workplace Act was passed.
This law required all organizations that use federal funds to implement
policies and procedures to ensure a drug free workplace. This law was later
revised to Include a drug and alcohol free workplace.
The City reviewed and studied 10 - 15 policies from cities and counties
throughout the nation. An initial draft was developed in June, 1988. The
policles and procedures were reviewed and revised extensively, over a 2 112
year period, with input from managers, supervisors, employees, and the legal
staff.
The City Council was provided Indepth background materials, presentations,
and work study sessions in June, 1991. The City Council formally adoptad
the policies and procedures on July 2, 1991, for an effective date of July
15, 1991.
The City's Human Resources staff conducted two 1/2-day training session on
the new policies and procedures for all managers and supervisors on July 8th
and 9th. Managers and supervisors presented the policies and procedures to
employees, answered questions, and, in some cases, obtained additional
information for employee questions prior to Vie effective date. The Human
Resources Department also began notifying the public of our new policies
with newspaper advertising, newspaper and cable T.V. articles. we further
posted notices on all our job opportunity bulletin boards and in recruitment
advertising.
Our current practice is to advertise ourselves as a drug free work
environment and notify applicants for employment of our drug screening
requirements. The final applicant for a position is told that as a
condition of final appointment, they must pass a drug screen according to
the procedures recommended by NIOA. If they do not pass the screen (or
cannot satisfactorily provide evidence to justify a positive screen), they
are denied employment. A positive drug screen may be justified and explain
by a prescription verified by the applicant's physician, for example.
PROGRAM. DEPARTMENTS ORABOPS_AFFECTED:
The Drug and Alcohol Free Work Environment Policy, the Anti-substance Abuse
and Rehabilitation Policy and the drug screening procedures covers all
employees including regular full-time and part-time employees, seasonal, and
temrorary employees. It also covers all final applicants for any position
at the City.
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July 27, 1993
City Manager Report to City council - Drug Screening Policies - Update
Page 3
The City currently pays a $15 fee for each specimen collected to a NIDA
approved collection facility. We also pay a $1 drug screening fee to
a NIDA certified laboratory to ensure a NIDA approved chain-of-custody and
drug analysis and result on each specimen.
Respectfully submitted:
QLIoyd V. Harrell
City Manager
Prepared by:
Thomas N. K11nck, irector of Human Resources
Approved:
Betty McKean, Executive Director
Municipal Service- and Economic Development
ecrorlic.tk
Pr~A~r~d: O7/tf/ N
Open
CITY OF DENTON oacg
POLIOT/AD111NISIMAIM ►10030111VADIIINI1TRATlvi 0111071Yi
nEFEnEMa
sECrioa PERSONNEL/MPLOYEE RELATIONS auA+sea' 106.12
ausJECT: STANDARDS OF COADUCT FOR EMPLOYEES EFFECTIVE GATE
07/15/91
TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION REFCACES. ~
POLICY STATEMEM
The City of Denton recognizes that employee substance abuse can have a serious
adverse impact on its image as a mayor employer in Denton, its ability to
deliver quality services to its citizens, and the general health, welfare, and
safety of its employees and the public. The pervasive presence of substance
abuse in our society and the adverse effect on employee health, safety and
productivity in the work place requires the establishment of an Anti-substance
Abuse and Rehabilitation lrogr&.T,
The City, in considering its daily operations of providing quality services to
its citizens, recognizes its responsibility to implement appropriate measures
necessary to the safe, efficient, and effective use of its resources--people,
facilities, equipment, and finances. The City's responsibility requires the
public trust and demands comprehensive safety measures for the protection of
the well-being of our employees and the citizens we serve.
It is the policy of the City that employees are prohibited from manufacturing,
using, possessing, selling, distributing, consuming or transporting any
controlled substances as defined by the Federal Controlled Substances Act or
the Texas Controlled Substances Act, or any alcoholic beverages or
intoxicating substances on City property at any time when conducting City
business or performing their sob duties and responsibilities.
An employee is prohibited from performing his or her job duties while under
the influence of alcohol or drugs, or if performance is impaired, while under
the influence of lawfully prescribed or over-the-counter substances. An
employee shall not hive a detectable level of dangerous drugs, coatrolled
substances in his or her urine or blood stream except pursuant to a valid
personal prescription, An employee shall not use or possese alcohol outside of
work hours on City property where prohibited by state or local law. The
employee shall not use alcohol or drugs while wearing a City of Denton
uniform, irrespective of whether the employee is on duty.
It is the policy of the City to give the same consideration to applicants or
employees with chemical misuse patterns or dependencies as it does to
applicants or other employees having physical, medical or mental problems
which could preclude them from performing their fob duties and
responsibilities in a safe, efficient, effective and productive manner.
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POLICY/AlKINIMATITI PROCEDURE/AIM 31STRATITi DIRSOTIYE Continuu04
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TITLE: ANTI-SUBSTANCE ABUSE AND REHABILITATION N41 ns 108.12
There is no intent to intrude upon the private lives of employees or
applicants. However, the City is concerned with those job-related situations
where the use of illegal or illegally obtained drugs or the abuse of alcohol
interferes with the health and safety of employees and the public, affects the
employee's work performance during work hours, adversely affects the job
performance of other employees, or is considered serious enough to be
detrimental to the City s conduct of business.
To the case of employees who demonstrate chemical misuse patterns or
dependencies, it is the policy of the City to assist in rehabilitation efforts
through the City's Employee Assistance Program in an effort to return the
employee to a productive role in the organisation. However, such assistance
shall not excuse the employee from appropriate disciplinary action for
violation of the City's or a department's policies, procedures, rules, or
regulations, including termination of employment.
It is the policy of the City to deny employment to applicants who are
identified through drug testing and who demonstrate patterns of chemical abuse
or dependency,
This policy applies to all employees, regular full time, regular part-time,
temporary and seasonal, Civil Service employees are subject to the applicable
provisions of Chapter 143, Rules of the City of Denton Fire Fighters and
Police Officers Civil Service Commission, and the general and specific orders
of the Police and Fire Departments, which may include the provisions of this
policy.
1. ADMINISTRATIVE PROCEDURES
A. Prohibited Items. The manufacture, use, possession, sale,
distribution, consumption or transportation of any of the
following eubsta.ncee while on City property, conducting City
business, or performing job duties and responsibilities by
employees or others is prohibited:
1. Illegal drugs, controlled substances, marijuana, mood or mind
altering substances, simulated controlled sube'saces, designer
and synthetic drugs, and inhalants produoi p mood or mind
altering vapors.
2. Alcoholic beverages or other intoxicating subetsnceet provided
that an employee may possess, consume or transport alcoholic
beverages while off duty unless local or state law otherwise
prohibits the possession or coaa,.Lmption of alcoholic beverages.
3. Drug paraphernalia.
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+~enda No 9
Agenda IN" H
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POLICY/AtNtItSTRATIT1 P80CSDURE/AIMMSTBATITY DIRtCTIT= continued ~Q dr
TITM ANTI-SUBSTANCE ABUSE AND REHABILITATION gMBIOC
fWtBBRi 108.12
B. Prescriptions and Over-The-Counter medications,
Prescriptions and c%er-the-counter medications are also prohibited
except under the following conditioner
1. The drugs have been prescribed by a licensed physician for the
person in possession of the drugs= and
2. The prescription must be readily available for verifications
and
3. The prescription was filled by a registered/licensed
pharmacist within the last twelve (12) months for the person
possessing the drug or medications and
4. The drugs or medication are ingested or administered only in
the prescribed or recommended therapeutic doeageai and
5. The employee taking the drug or medication has informed hie
supervisor of any sifety hazard which scold result from taking
the drug or medication. An employee may, for example, be
taking medication which causes drowsiness and should not
operate roving machinery or equipment. This would not
preclude the employee from performing other fob duties but it
is the responsibility of the employee to notify his or her
supervisor if be or she is taking a medication which could
impair his or bar ability to perform his or her JoL duties;
6. The City at all times reserves the right to have a designated
City physician determine if a prescription drug or medication
produces hazardous effects and may restrict the fob duties
performed while using any drug or medication accordingly.
0. Definitions.
1. "Alcohol," is defined as ethyl alcohol. Alcohol, as used
herein, includes any beverage, mixture or preparation
containing ethyl alcohol,
2. "Illegal Drugs," for purposes of this policy, include drugs
which are not legally obtainable and drugs which are legally
obtainable but have been obtained illegally.
3. "Detectable Levels" or "Identifiable Trace Quantities"
Indicates the presence o: an illegal or prohibited drug or
substance found in the body fluids in amounts exceeding an
established cut-off level,
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POLICT/ADMOISTRATIVE PROCEDURE/AIRIVISTRATITE DIM TIR Continued to
RR1SIE7CE ^
TITLEt ANTI-SUBSTANCE ABUSE AND REHABILITATION IUMBn, 108,12
4. "Cut-off (Acceptable) Levels" are established by analytical
methods in the laboratory to determina a quantitative level of
a drug in the body. The specific cut-off level is a standard
selected by the testing laboratory and approved by the City to
detect recent drug use.
5. "City Property" or "Premises" for purposes of this policy,
includes ALL property, facilities, buildings, structures,
and vehicles owned, operatedr leased or under control of the
City. An employee to not considered in violation of this
policy by transporting or possessing alcoholic beverages on
City streets if be or she isi
a) off dutyi
b) not operating a City-owned vehicle; and
e) is in compliance with all applicable laws;
6. "Alcohol Testing" is testing for blood alcohol content by
drawing or collecting a blood or serum sample suitable for
laboratory analysis or by an intoralixer instrument device
operated pursuant to State law.
'1. "Drug" is a controlled substance, controlled substance
analogue, narcotic drug or opiate as defined in Schedules I-Y
of the Federal Controlled Substance Act, or the Texas
Controlled Substance Act, Tex. Health a Safety Code, Chapter
481, if obtained or used without a valid prescription for the
user or possessor. This definiti:n includes but is not
limited to marisuana, hashish, rocaine, heroin, morphine,
codeine, amphetamines, barbiturates, hallucinogens sad
substances chemically similar to these drugs.
8. "Drug Test" is the collection of a urine specimen by medical
personnel, laboratory analysis of that specimen by Easyme
Immunossay (EMIT) screening, and confirmation of drug-positive
EMIT taste using gas chromatography/mass, spectrometry (CC/MS)
methods and procedures, or other sedically acceptable
technology deemed appropriate by the City of Denton.
9. "Impaired" is as employee's diminished capacity to perform
duties of the sob as determined by the supervisor.
10. "Reasonable suspicion" is a suspicion based on some factual
foundation derived from the surrounding circuastances as
interpreted in light of pest experience and knowledge.
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?OLICT/AASIIIISTRATIR PBOCEDURB/AAIills TRAT14Y DIBaC3IR Continued Qete
VITLSi ANTI-SUBSTANCE ABUSE lAD REHABILITATION KUOIBEBNBn1r
R 109.12
11. "Safety Sensitive position" means a job where as employee's
use of drugs or alcohol could create a threat to safety
whereby the employees ability to perform assigned duties is
impaired and the performance of those duties in such mental or
physical condition creates or could create a safety hazard
that has caused, or could cause injury or barn to the employee
or other employees or citizens or damage to property.
D. Conferences.
Employees attending training and confereuces may participate in
social functions associated with the conference. This ,iay include
the consumption of alcohol, so long as the employee's conduct does
not reflect adversely upon the City, Employees who consume
alcohol at these functions shall follow the law and exercise
caution it driving personal vehicles and shall not operate a City
owned vehic.e.
E. Emergency Call-Back.
Employees subject to continuous emergency call-back are required
to declare to their supervisors the use of alcohol or controlled
substances including prescribed medication that might affect their
ability to perform under the emergency. The supervisor shell
determine if the employee is fit to work and in what capacity.
F. On Call.
Because employees with "on call" status are potentially required
to be actively working, an "on cell" employes is prohibited from
consuming alcoholic beverages or using drugs which may impair his
or her performance when called back to work to perform his or bar
duties,
0. Use of Substances Outside of York Hours,
An employee shall not use or possess drugs %r alcohol outside of
work hours on unauthorized City property. An employee shall not
use alcohol or drugs before or after work hours while wasring a
City of Denton uniform.
II, ENFORCEMENT
A, Criteria used in determining action wben drug or alcohol abuse is
suspected,
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Fy~TITM ANTI-SUBSTANCE ABUSE AND REHABILITATION no 108.12
1. Reasonable suspicion, Whether reasonable suspicion exists to
warrant the testing of a particular employee is of necessity
determined on a came by case basis.
2. Circumstances which may be used by management and supervisory
personnel to determine if a teat for an employee is necessary
include but are not limited to "a follovingi
s. Observed alcohol or drug use during working hours
b. Aplarent physical state of intoxication or drug induced
impairment of motor functions
c. Incoherent or irrational mental state
d. Barked changes in personal behavior, or attitude mot
attributable to other factors
e. Deteriorating work performance, attendance or tardiness
problems not attributable to other factors
f. Informetion received from reliable sources that indicates
the employee has been involved in alcohol or drug use
g. Other employee actions or conduct that leads to a
suspicion of drug or alcohol use such as presence of the
physical symptoms of glassy or blood shot eyes, alcohol
odor on breath, slurred speech, poor coordination or
reflexes, unsteady g4it, mood cb&nges, (including
inappropriate gaiety or lethargic bebavior), unpredictable
responses to ordinary requests, etc. to believe that the
employee is under the influence of alcohol or drugs,
suffers from substance abuse or is in violation of City or
departmental rules, regulations, or procedures concerning
the use of such aubetances.
h. Any violation of the City of Denton's Drug Pro* Workplace
Policy (109.11)
3, Post Accident
An employee involved in an accident during wort hours which
results in injury or death to any individual, more than $11000
damage to any City vehicle or other vehicle, or damage to
property if the employee appears to be partially, chiefly, or
totally responsible for causing the accident or has violated a
safety rule. For purposes of this policy only, in a motor
vehicle accident on a public street, if the police officer
determines on the accident report that an employee is
partially or totally responsible for causing the accident,
that employee must undergo a drug and/or alcohol test, For
other work-related accidental thi employee's supervisor shall
determine whether the employee to responsible in whole or in
part, for causing the accident or has violated a safety rule.
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POLICY/ADNIVISTRATIPE PROCEDURE/AIMINISTRATIn DIRECTITI (Con tI - /
iDBROCZ
TITLRt ANTI-SUBSTANCE ABUSE AND REHABILITATION Mon 1 108,12
It to the employee's responsibility to contact his or her
supervisor immediately after Gn accident has occurred so that
appropriate action can be taken. Failure to report an
accident may result in disciplinary action.
B. Job Applicant Testingi General Standard.
Upon an offer of employment, an applicant (including those
considered for temporary and seasonal positions) is required to
pass a drug screening teat prior to his or her final appointment.
An applicant will be notified of drug testing at the time of
application and will be allowed the opportunity to withdraw hit or
her application at that time.
C. Current Employee Testing= General Standard.
1. Reasonable Sueptoion
A supervisor may require an employee to undergo drug and
alcohol testing if the supervisor has reasonable suspicion
that the employee is under the influence of drugs or alcohol
during work hours as described in 11. A. 2, of this policy.
Supervisors are required to detail to writing the specific
facts, symptoms, or observations which formed the basis for
their determination that reasonable suspicion existed to
warrant the testing of an employee, This docuaentation shell
be forwarded to the Personnel /Employee Relations Department,
The facts underlying the determination of reasonable suspicion
should be disclosed to the employee at the time the demand is
made.
2, Final Promotable Candidates
Each candidate who is offered a promotion (internal employees)
to a safety sensitive position will be required to page a drug
and alcohol screen as a condition of final appointment.
Questions concerning whether a specific position is deemed
safety sensitive should be addressed to the Pe recta& I/ Employee
Relations Department.
D. Prior Notice of Testing Policy.
1. The Personnel/Eh ployea Relations Department shall provide
written notice of its drug and alcohol testing policy to all
employees. The notice shall contain the following informations
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POLICY/AtRill 3TRATIYE PROCEDURE/ AAIIlI9TflATITE DIRBCTITE (Conti 004 TITLEt AM-SUBSTANCE ABUSE AND REHABILITATION YYXMCE
IUNBEBA 108.12
a. The need for drug sad alcohol testingl
b. The circumstances under which testing say be requiredl
c. The procedure for confirming an initial positive drug test
resultl
d. The consequences of a confirmed positive toot result;
e. The consequences of refusing to undergo a drug and alcohol
test$
f. The appeal procedures available for a positive teat
result= and
S. The availability of drug abuse counseling and referral
services.
2. A supervisor may require an employee to undergo drug or
alcohol testing without prior notice during an evaluation or
treatment period and for a period of up to two years following
completion of any prescribed chemical dependency treatment
program or any disciplinary action for violation of this
policy.
3. Applicants will be notified of the City's policy to conduct
drug testing ae part of the employment process. Yhen an
a
shall first pplicant reports to a testing site for testing, he or she
present
Issued by the Departm Department of Public picture
Se ety fior taopasspo t to
the teeter.
E. Consent.
1. Before a drug or alcohol teat is administered, the employee or
fob applicant will be asked to sign a consent form authorising
the test and permitting release of test results to those City
officials with a need to know. The consent fors shall provide
space for employees and applicants to acknowledge that they
have been notified of the City's drug testing policy.
The consent form shall provide space for employees and
applicants to acknowledge that they have been notified of the
City's Drug Testing Policy.
a. The procedure for confirming an initial positive test
result;
b. The consequences of a confirmed positive test reeultt
o. The right to explain a confirmed positive test result and
the appeal procedures available= and
d. The consequences of refusing to undergo a drug and alcohol
test.
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POLICY/ADNINISTRATIVI PROCImURN/AtKINISTRATITS DIRICTIYI Continued
lITLEI ANTI-SUBSTANCE ABUSE AND REHABILITATION NU1lBRUM 108.12
2. Refusal to Consents
Applicantes A job applicant who refugee to consent to a drug
test vill be denied employment with the City,
Employeesi in employee vho refuses to consent to a drug and
alcohol test when reasonable suspicion of drug or alcohol use
has been identified is subject to disci linary action up to
and including termination. The ressomts) for the refusal
shall be considered in determining the appropriate
disciplinary action.
P. Employee's Right to Request Additional Test.
An employee may request to give a second sample of urine or blood
at the Dame time and at the acme collection site as the first
sample, and have the sample analyzed at the same or different
laboratory under the following conditionsi
1. The laboratory conducting the test must be approved by the
City of Denton, follow the external cbein-of-custody
procedures as required by this policy, and Is certified as set
forth by this policy.
2. All costs Par a second collection •.;d second analysis must be
paid by the em,toyes.
0. Confirmation of Test Results.
If the initial alcohol or drug screen is positive, a second test
of the same sample will be performed to confirm results, Az
employee who does not pass the drug or alcohol teat may request a
retest of the original sample within tea days of his or her
receipt of the drug test results. The employee may request
retesting by the same laboratory or by a second laboratory that is
certified to perform drug tests by the National lastitute on Drug
Abuse (NIDA). The originating laboratory must follow the external
chain-of-custody procedure outlines in the NIDA mandatory
guidelines for federal workplace drug testing programs whom
transferring the sample.
H. Consequences of a Confirmed Positive Toot Result,
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POLICT/mmiISTRATI4E PROCIDURE/AVAHISTRATIU DIRECTIn (Cootinui
RRY IICI
fITLEs ANTI-8LWTANCE ABUSE AHD REHABILITATION IUMBIIt 106.12
Applicantai A job applicant will be denied employment with the
City if his or her initial positive test results have been
confirmed. Applicants who are are denied employment due to a
positive drug test result must wait six months before applying for
another position with the City.
Employees I If an employee's positive test result has been
confirmed, the employee is subject to disciplinary action up to
and including termination, an outlined in the City's discipline
policy (109.01).
I. Mandatory EAP Referral..
Upon the first confirmed determination that a regular full-time or
regular p&.t-time employee is under the influence of drugs or
0tohol, the City shall refer the employee to an Employee
Assistance Program (PAP) for seseasment, counseling, and
rehabilitation. As outlined in the Employee Assistance Program
Policy (107.10) the City of Denton will provide counseling
resources assistance, and other support to employees and their
dependents vho may be etp,3rienoing on or off the job, personal
difficulties that may be affecting their work performance, work
productivity or ability adversely. Although the assessment is
mandatory, participation in a formal treatment program is
voluntary and no disciplinary action may be taken against on
employee for failure to begin or complete an EAP program.
Disciplinary action based on a violation of the City's drug and
alcohol policy is not automatically suspended by an employee's
participation in an EAP and may be imposed whoa warranted.
The EAP applies only to regular full-time and regular part-time
employees. Temporary and seasonal employees are considered
at-will. Therefurs, a confirmed positive teat will result in
termination.
J. PAP Self-referral
No disciplinary action may be taken against employees who
voluntarily identify themselves as drug users, obtain counseling
and rehabilitation through the City's Employee Assistance Program,
and thereafter refrain from violating the City's policy,
procedures and administrati%o direotives on drug and alcohol abuse.
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page 12 of 13 aQBndalt Oale
POLICL'/AmrxiSTRATITB PROCEDURE/ATlt1 aynTiVE DIRMOTIR Continued
!'ITLtit AY Tr-SUBSTANCE ABUSE AND REHABILITATION SE7' U
IMBRR t C= 108.12
N. Comfidea tialtty of Test Results.
All Information from an employee's or applicant's drug and alcohol
screen shall be disclosed only to those with s need to know of
test results. Disclosure of test results to any other person,
agency, or organization is prohibited to persons not eligible to
receive the teat results under any applicable law. The results of
a positive drug test shall not be released until the results are
confirmee.. The records of unconfirmed positive test results and
negative test results shell be destroyed by the testing laboratory.
L, laboratory Testing Requirements.
All drug and alcohol testing of employees and applicants shall be
conducted at medical facilities or laboratories selected by the
C
ity. To be considered as a testing site, a medical facility or
lab
will mbetused mto maintain meet a mples. Factors the procedures be considered
by the City in selecting a testing facility includes
1. Testing procedures which ensure privacy to employees and
applicants consistent with the prevention of tmperiagl
2, Methods of analysis which ensure reliable test results,
including the use of gas chromotograpby/mass spectrometry to
confirm positive test results=
3. Chain-of-custody procedures which eaeure proper
identification, labeling, and handling of test sampleat and
4, Retention and storage procedures which ensure reliable results
on confirmatory tests of original samples.
III. MANAOEMENT/SUPERVISION PROCEDURES
A, Initial Actions After Appropriate Reasonable Suapioioo Determined.
Once the deolsion, based upon reasonable auspieion, has been made
by the supervisor and In consultation with the Personnel
Department, to require as employee to submit to an alcohol and/or
drug screen, such screening sball be arranged as eipeditiously as
possible. The employee is to be clearly directed to submit to thr
alcohol and drug screening in the form of a direct order from a
superior as a condition of employment, with the warning tbAt
refusal to so comply can result In appropriate disciplinary action.
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Page 12 of 13 Agenda Item e~
FOLI WAIMINISTRATIT E PROCBDUAS/AIMIEISTRATIIE DIRBCTIR Continued' -
TITLEs ANTI-SUBSTANCE ABUSE AND REHABILITATION T1M s nnnC2
e
UMBBRt 108,12
The employee shell be further instructed to cooperate throughout
the alcohol and drug screening procedure, including following all
directions received from medical personnel at the alcohol and drug
screening collection site. The employee, in no cases shall be
Permitted to continue working or remain unattended while screening
approval or arrangements are being effected,
The department supervisor shall immediately, if during normal
weekda office hours (8:00 a,m. to 5100 p-m „ Monday through
Fridays, notify the Director of Personnel or designated
representative in the Personnel Department to arrange for the
appropriate alcohol and drug screening. If the necessity to
arrange for an alcohol and drug screening occurs outside these
business hours, the supervisor must contact a representative of
the Personnel/Fhlployee Relations Department at an assigned phone
number.
The employee shall always be escorted to the alcohol and drug
screening collection site by appropriate supervisory personnel, or
other departmental authority, The employee shall never be
permitted to operate a motor vehicle. A departmental
representative or appropriate medical personnel shall remain with
the employee at all times and shall take the necessary actions to
prevent the employee's alteration or falsification of the alcohol
and drug screen procedure.
An appropriate chain-of-custody procedure will be followed at the
collection site to ensure the accuracy and integrity of the
testing procedure and test results.
P. Actions Following Testing,
Once the alcohol and drug soreenir.q collection process ham been
properly completed, the Department Director or designee shall be
contacted by the departmental representative, The Department
Director or designee shall place the employee on administrative
leave with pay pending the results of the alcohol and drug
screening. The employee shall not be permitted to operate a motor
vehicle or any equipment that could present a danger to the
health, safety, or welfare of the public, co-workers or the
employee,
The Director of Personnel or designated representative of the
Personnel Department shell be responsible for notifying he
Department Director or designee of the alcohol and drug screening
results as soon as this information is available. The Personnel
Department shall also notify the appropriate Executive Direotor of
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POLICT/AIIIINISTRATITE PROCBDDRE/AINITISMTIYi DIBBCTII'! Cont Muuitd
TITLIII AKTI-suBSTANCt ABUSE AND REXABILITATIOU Cg ~
>IUMB>eBi 108,12
the screening results, Copies of the laboratory report reflecting
the alcohol end drug screening results shall be transmitted to the
aforementioned officials whoa the report is available.
The Department Director or his designee shall take the appropriate
administrative and disciplinary actions it accordance with the
City's discipline policy (109,01). Admiaistrative action may
include referral to an employee assistance rehabilitation program
and the imposition of other conditions of employment deemed
appropriate by the Department Director.
The supervisor may require an employee to undergo drug or alcohol
testing without prior notice during the evaluation or treatment
period and for a period of up to two years following completion of
any prescribed chemical dependency treatment program,
C. Supervisor Training,
The City shell train supervisory personnel in identifying drug and
alcohol use among employees, Such training will be directed
towards helping supervisors recognise the conduct and behavior
that give rise to a reasonable suspicion of drug or alcohol use.
Payload 09/11/91
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ATTACl04NT A -Venda No.
CITY or DENTON Aurdalia
CONSENT FORK FOR APPLICANT Inle
!'7a
I WERSTAND that according to City of Denton policy, I as required to submit
a sample of my urine for chemical analysis. I understand that a urine analysis
will be conducted by qualified laboratory personnel.
TITS PURPOSE of this analysis is to determine or rule out the presence of
certain non-prescribed or prohibited dangerous controlled substances in my body
and indicating the levels found. Cut-off levels (referred to as concentration)
detection limits for drug and drug metabolites to urine an listed below.
I CONSENT freely and voluntarily to this request for urine samples. Should 1
refuse to consent to and undergo this test, I understand I will be removed from
consideration for employment.
I WDERSTAND (1) s documented chain of specimen custody exists to ineure the
identity and integrity of my sample throughout the collection and testing
process, (2) should my sample test positive, a second, more comprehensive test
will be conducted to confirm the results of the first testy and (3) a
confirmation will eliminate me from consideration for employment with the City
of Denton for a period of six (6) months.
I MRTHER UNDERSTAND that results of testing are confidential medical records
which shall be revealed by the laboratory ONLY tot Director of Personnel for
the City of Denton, myself or my representative, other City officials wish a
need to know, and the City physioiea/clinic.
Witness Applicant Being Tested
Date
List of Druas Tested for Emit Detection Limit to Urine
sAmphstsmines 10000 na/al
Barbitustes 300 na/al
Bensodia:spines 300 na/s1
e0plates 300 ag/al
sCannabinoids SO ng/al
sCoesine 300 ng/al
Methadone, 300 ng/al
Nothaqualone 300 ng/al
sphencyclidine 2S ng/al
Propoxyphens 300 ng/al
'Deteotion limit in a given specimen will vary within the listed range and will
depend on which class members and/or metabolites are present.
sDetection limits have been set per the National Institute on Drug and Alcohol
Abuse (NIDA).
2St2s/2
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f
3
ATTAMMNT 1 4QdRd2 N0.
CITY OF DENTON Apeaddlid -
CONSENT FORM FOR VVLOng OWS
I UNDERSTAND that according to City of Denton policy, I am required to submit a
sample of my blood and/or urine for chemical analysis. I understand that a blood
and/or urine analysis will be conducted by qualified laboratory personnel,
THE PURPOSE of this analysis is to determine or rule out the presence of
certain non-prescribed or prohibited dangerous controlled substances in my body
and Indicating the levels found. Cut-off levels (referred to to concentration)
detection limits for drug, drug metabolites, and/or alcohol in blood and/or urine
are listed below.
As an employee of the City of Denton, I hereby CONSENT to giving specimens and
having those specimens tested for the purpose of drugs and/or alcohol pursuant to
toeandtundergonthisDtests I underatudeiin co 1d ibe reemfuse consent
the City of Denton. I am aware that I am being tested for drugs and/oorr alcohol
for the following purpoee(s)s (Place a check mark beside applicable category,)
Reasonable Suspicion
A required physical for a safety-sensitive position.
Use of City vehicle or equipment resulting in serious injury to me or
another person, $1,000 or more in damage, and where it has been Indicated
that I am in part or totally responsible for causing the accident or
violating a safety rule.
I UNDERSTAND that I have the right io give a second specimen under the
collectioncsite test
the) orithe ginals specimen and the provided at the same time and some
procedure is followedl 2) the specimen must be analyzed by a laboratory thatois
certified by the National Institute for Drug Abuse (NIDA) and approved by the
City of Denton; 3) all costs for the second collection and second analysis are
paid by the employee,
i UNDERSTAND (1) a documented chain of specimen custody exists to insure the
Identify and integrity of my suaplo throughout the collection and testing
process; (2) should my sample test positive, a second, more comprehensive test
will be conducted to confirm the results of the first test; (3) a confirmation
could result in termination from my continued employment with the City of Denton;
and (1) I will have the right to appeal any disciplinary action taken as a result
of a confirmed positive test in accordance with the Appeal Polity (109.03).
I UNDERSTAND that if my confirmed test results are
to, within ten (10) days of receiving sy test results$ request aaretest of gOr
original sample by the same or different laboratory that is certified by NIDA and
approved by the City of Denton. The cost for the retest will be paid by the
employee.
I FURTHER UNDERSTAND that results of testing are confidential medical records
which shall be revealed by the laboratory ONLY toi Director of Personnel for
the City of Denton, me or my representative, other City officials with a need to
know, and the City physiol Wei Into.
witneae
ADDlicen! Being Tested
23121/2 Date
VnCaNo L
Agendallem
gmployee Consent Poems
Page 2 Oele
I
List of Druae Tested For Wt Detection Limit in Drina
eAmphetamines 1,000 ng/01
Barbiturates 300 ng/ml
Benzodiazepinse 300 ng/ml
e0piates 300 ng/ml
eCannabinoids SO Mg/ml
ecocaine 300 ng/ml
Methadone 300 ng/ml
Methaqualone 300 ng/ml
'Phencyclidine 25 na!ml
Propoxyphene 300 ng/ml
Alcohol .1
eDetection limit in a given specimen will vary within the listed range and will
depend on which class members and/or metabolites are present.
eDetection limits have been set per the National Institute on Drug and Alcohol
Abuse (NIDA).
i
25428/4
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CITY OF OENTON l o, 6 re -
PArI-
PAOI FOL10TIADIIIMIITIiATIVI1'IOCID -131ADIIINISTfAT1VV Dlll0Ttr1
AVIAINCI
s(CTION, PERSONNEL/EMPLOYEE RELATIORS 1 Nu*ws0. IIIII
!08.11
S~6J(CT: (P►(CTIV( OAT(
STANDARD OF CONDUCT FOR EMPLOYEES 06120189
TITLE DRUG AND ALCOHOL FREE YOA1fPLACE PEPLw4ieed r
07/15/91
POLICY STATEMENTi
It is the policy of the City of Dentua to provide employees with a working
environment that is free of the problems associated with the use and abuse of
alcohol and controlled substances. The use of alcohol and controlled
substances to inconsistent with the behavior expected of employees and
subjects the City to unacceptable risks of workplace accidents or other
failures that would undermine the City's ability to operate effectively and
efficiently, Noncompliance with the policy set forth below will result in
disciplinary action,
I, The non-prescriptive use, sale, possession, distribution, dispensation,
manufacture, or transfer of controlled substances on City property or
other work ,item where employees may be assigned or eleewbere during
work hours is strictly prohibited, Further prohibited is the uses
sale, possession, distribution, dispensation, manufacture, or transfer
of controlled substances on non-working time to the *stoat such
activity impairs an employee's ability to perform his or her Job or
where such use, sale, possession, distribution, manufacture, or
transfer effects the reputation of the City to the general public or
threatens its integrity. Persons violating the City policy will be
subject to disciplinary action, wbich may include teraination for a
first offense,
Its Employees are prohibited from possessing, consuming or transporting any
alcoholic beverages or other intoxicating substances on City property
at any time when conducting City business or whoa performing their job
duties and responsibilities or otherwise violating policy 109,12,
tit. Employees who are convicted of controlled subs tances-role tsd violations
or alcohol related violations in the workplace under state or federal
law or who plead guilty or solo contenders to such ebarges must inform
the Director of Personnel/L+lmployse Relations or designated
representative and Department Director or designated representative
within five (5) days of such conviction or plea, Failure to do so will
result in disciplinary action, including termination from omploymsat
for a first offense, Employees convicted or pleading guilty or polo
contenders to such drug-related violations must successfully complete a
drug abuse rehabilitation or similar, program as a condition of
continued employment or re-employment,
r,
i
~endaNo -
Page 2 of 4 Agendalten
~kte _ -rrJJ -
POLICY/ADKINI3TRATITS PROCEDUWAMINISTgATIvE DIRECTIYI (Continued) d 1
2ITLIN DRUG AND ALCOHOL FREE WORXPLACS >iBFnnCE
NUil868: 108,11
"Controlled Substance" is defined to mean those drugs listed in Schedules I
through Y of Section 202 of the Federal Controlled Substances Act, 21 U.S.C.
1912, and includes, but is not limited to, marijuana, iocains (including
"crack" and other cocaine derivatives), morphine, heroin, ampbstaminess and
barbiturates. When used in this policy, the term "drugs" means "controlled
substances." The term does not include those controlled substances used
pursuant to and in accordance with a valid prescription.
A.DKINISTRATIYE PROCEDURES:
1. GENERAL
The City of Denton shall, in compliance with the Omnibus Drug
Initiative Act of 1988) take those steps required by the Act to ensure
that its workplace is drug and alcohol free. All employees shall
receive a copy of the City's "Drug and Alcohol Free Workplace" policy,
Appendix I. Upon approval of this policy, current employees shell be
isned a copy of the policy and all persons newly hired by the City
shall receive a copy of the policy during the new employee orientation"
process. Any employee found in violation of this policy shall be
disciplined and such discipline may include termination or tLe
successful completion of a drug rehabilitation program, The City
provides an Employee, Assistance Program which is designed to assist
employees and their families with personal and behavioral problems that
bays or could adversely affect fob performance.
II. DRUo FREE AWARENESS PROGRAM
A. The Personnel%Employee Relations Department shall publish a policy
statement notifying all employees that the City is committed to
maintaining a drug and alcohol free workplace. This policy
statement shall be given to all persons newly hired by the City
during new employee orientation,
B. The City shall establish a drug and alcobol free workplace
awareness program to make employees aware of the dangers of drug
and alcohol abuse and the assistance that is available to combat
these problems. This program shell include an educational
component designed to inform employees of the dangers of drug and
alcohol abuse in the workplace. This program shall inform all
employees of the City's commitment to maintaining a drug and
alcohol free workplace. The program shell direct employees to seek
assistance through the City's Employs* Assistance Program and
inform employees of other community resources available, The
program will further alert employees to the penalties for, and
consequences of violating the law or this policy.
r
AGendaN093 `d49 7
Page ! of Agenda Ilem
POLICY/AWINISTRATIVI PROCEDURE/ADNIJISTRATIVI DIRECTIVE Continu"
RUIREICE
TITER DRUG AND 1LCOHOL FREE WORKPLACE E
Ul n, 108,11
C. Employees must, 541 a condition of employment)
1. Abide by the terms of the City's "Drug and Alcohol Tree
Workplace" policy, attached as Appendix I= and,
2. Notify their supervisor or Department Director and Director of
Personnel/Employee Relations or designee of any criminal drug
or alcohol statute conviction for a violation (or a plea of no
contest) occurring at the workplace to later than five (5) days
after such conviction.
D. A Department Director, upon receiving notification of an employee's
conviction of a violation (or plea of guilty or no contest), must
notify the Director of Personnel/Employee Relations immediately.
The Director of Personnel/Employee Relations will in turn notify
the affected Department Director if he becomes aware of a
conviction. The Director of Personnel/Employee Relations must
ensure that the appropriate federal funding agency to notified of
tse conviction within ten (10) days after the City was notified of
tba conviction.
E. The Omnibus Drug Initiative Act of 1988 requires the City to take
appropriate disciplinary action within thirty (30) days after
receiving notice of an employee's conviction (or a plea of guilty
or no contest) of a violation of a criminal drug or alcohol statute
occurring at the workplace. The disciplinary action may include
termination or a requirement that the employee satisfactorily
participate in and complete a drug or alcohol assistance or
rehabilitation program, or both, as a condition of continued
employment. The action taken will be considered on a case-by-case
basis. Such decisions shall include the advice and counsel of the
Personnel/Employee Relations Department and the Legal Department,
and the City's disciplinary and appeals policies and procedures
shall be followed.
F. Supervisors who suspect an employes is involved in some illegal
drug related activity will notify their Department Director and
Director of Personnel/Employee Relations, or designee, immediately
to determine appropriate actions, All supervisory personnel shell
read and be familiar with this policy and the City's Employee
Assistance Program.
1305•
A
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y
f .
AgV 'N0~or i
POLICY/~MIEiSTRAtIVE PROCEDURE/AD4111STRATIVE DIRECTIVE (CootiauJ4)i act----- L
EAR'-"I ~Z3
TITLEt DRUG AND ALCOHOL FREE WORKPLACE
APPENDIX I
CITY OF DENTON
DRUG AND ALCOHOL FREE WORKPLACE POLICY
It is the policy of the city of Denton to provide employees with a working ooviroameot
that is free of the problems associated with the use and abuse of alcohol and controlled
the
The use of alcohol and controlled substances is inconsistent wit
substances,
behavior expected of employees and subjects the City to unacceptable risks of workplace
accidents or other failures that would undermine the City's ability to operate
effectively and efficiently. The City considers employees who use such substances to be
leas reliable and stable sod lacking in good judgment. Noncompliance with the policy
set forth below will result in disciplinary action.
1. The non-preacriptive use, sale, possession, distribution, dispenaatior.,
manufacture, or transfer of controlled substances on City property or otter
work sites where employees may be assigned or elsewhere during work hours is
strictly prohibited. Further prohibited is the use, sale, possession,
distribution, dispenestions manufacture, or transfer of controlled substances
on non-vorking time to the extent such activity impairs an employee's ability
to perform his or her job, or where such use, sale, possession, distribution,
manufacture, or transfer effects the reputation of the City to the general
public or threatens its integrity. Persona violating the City policy will be
subject to disciplinary action, which may include termination for a .first
offense.
II. Employees are prohibited from possessing, consuming or transporting amy
alcoholic beverages or other intoxicating substances on City property at any
time when conducting City business or rhea performing their job duties asd
respoosibilIties (see policy 108.12).
III. of controlled
be workplace under stateloredfederaltlaws, or
who plead guilty or polo contenders to such charges, must inform the Director
of Personnel/Employee Relations, or designated representative, and tke
employees Department Director, or designated representative, within five (5)
days of such conviction or plea. Failure to do so will result is
disciplinary action, including termination from employment for a first
offense. Employees convicted or pleading guilty or polo contenders to suck
drug-related violations must successfully complete an approved drug abuse
rehabilitation or similar program as a condition or continued employment or
re -employment,
I have read and understand the foregoing policies and agree to abide by the torts
and conditions set forth.
Employee Signature Dat;
"Controlled Substaace" is defined to mean those drugs listed in Schedules I through T of
Section 202 of the Federal Controlled W stances Act, 21 U.S.C. 1 812, and includes, but
is not limited to, marijuana, cocaine (including "crack` sea'other•coc61ns derivatives),
morphine, heroin, amphetamines, and barbiturates. Yben used in this policy, the term
"drugs" means "controlled substances-" The term does not include those controlled
substances used pursuant to and in accordance with a valid prescription.
"Alcohol" is defined as ethyl alcohol. Alcohol, as used herein, includes any beverage,
mixture or preparation containing ethyl alcohol.
i
CITY
MCOUNCIL
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GTY of DENTON, TEXAS MUNICIPAL SUILDlNO / DENTON, TEXAS 76201 / TELEPHONE (817) 386.8307
Offloe of the Oty Manager
MEMORIINDLJM
TO: Mayor and Members of the City Council
FROM., Lloyd V. Harrell, City Manager
DATE: July 22, 1993
SUBJECT: Appointment of Sales Tax Task Force
You are reminded that nominations for the Sales Tax Task Force are
to be submitted at the Council meeting of August the 3rd, and the
official appointments will take place on August the 10th. It is
important that we try to keep to this schedule, if at all possible,
so that the time line outlined by the City Council can be followed.
In preparation for your nominations, there are several questions
which probably should be discussed and concluded as follows:
1) Some discussion should occur regarding the residency
requirement for task force members. Our other Boards and
Commissions require that individuals be residents of the
city and discussion should occur whether that same
requirement will apply to the task force members.
2) Hopefully, the Sales Tax Task Force will include a good
cross section from the community. Especially important
should be a diversification of representatives from the
industrial, retail and residential sectors of the
community.
3) Hopefully, individuals appointed to the committee will be
respected and fairly well known within the city. The
City Council and, ultimately the citizens of Denton, will
be asked to accept the judgement of these individuals
regarding this important issue. Therefore, it will be
helpful if individuals with that type of credibility can
be appointed.
R
RS••MMvendaNo.
aenda~t ~
Mayor and Members of the City Council 2
July 22, 1993
Page 2
There may be other qualification issues which the Council would
like to discuss, but these are a f w which have come to mind.
Loyd V. Harrell
City Manager
LVH:bw
AMM00311
e:\w,Tdoce\ree\saletax.r gendaNo q
+gendaltem, S
ate 7 :
30 l
RESOLUTION N0.
A RESOLUTION ESTABLISHING AND CRFATING A SPECIAL CITIZENS ADVISORY
COMMITTEE TO PROVIDE RECOMMENDATIONS REGARDING A POSSIBLE ADDITION-
AL SALES TAX TO REDUCE THE PROFERTY TAX; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, recently, the Governor signed House Bill 384 into
law, allowing a city not included within the boundaries of a
transit authority to adopt an additional sales and use tax to
reduce the property tax with the positive vote of its citizens; and
WHEREAS, the City Council has determined that it would be ad-
visable to create a Special Citizens Advisory Committee to study
and provide recommendations regarding a possible additional sales
tax to reduce the property tax; and
WHEREAS, the City Council desires that the Special Citizen Ld-
visory committee make a report regarding the results of its study
and a recommendation for a course of action; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Council shall create and appoint a
Special Citizens Advisory Committee to study and make recommenda-
tions to the City Council, regarding a possible additional sales
tax to reduce the property tax. The Special Citizens Advisory Com-
mittee shall utilize the findings of outside experts to analyze the
economic impact of such a tax on the various economic groups of
Denton citizens. The Committee sh 11 submit its report to the
Council no later than _ OLV-M A• / , 1993.
SECTION II. That the special citizens Advisory Committee
shall be composed of ~s- persons of the community and shall
perform its functions in accordance with the intent of this reso-
lution, as directed by the Co ncil. Furthermore, each member of
the Council will nominate- individuals to serve on the
Committee and the Council shall designate the chairperson of the
Committee.
SECTION III. That this resolution shall become effective imm-
ediately upon its passage and approval.
PASSED AND APPROVED this the CV! day of , 1993.
AL &AL2~1 -
BOB CASTLEBERRY, MAYO
I
i
r1 ~•~,~h Fa i
4geada No 91,3.2=-
Agenda!tem
]ate ? -
~~Fy
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR VED JTO LEGAL FORM:
DEBRA A. DRAYOVITCB, CITY ATTORNEY
BY4
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