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RESOLUTION NO. 82015 -027
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A REVISED CITY
STANDARDS OF CONDUCT POLICY FOR EMPLOYEES REGARDING USE OF
TOBACCO PRODUCTS AND ELECTRONIC CIGARETTES; AND DECLARING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTIONmm1'. Policy numbered 108.03 "Use of Tobacco Products and Electronic
Cigarettes" of the Personnel Policies and Procedure Manual of the City of Denton attached
hereto and incorporated by reference herein, is hereby approved as official policy of the City of
Denton, Texas, and replaces former policy 108.03.
SECTION 2. The foregoing policy is attached hereto and made a part hereof and shall
be filed in the official records with the City Secretary.
SECTION 3. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 15 day of 2015
Lei IRAI �"t'"A1 1 ""' �,�r� �.. _..
°" MA`OR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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POLICY STATEMENT
The City of Denton desires to conduct its operations with the utmost regard for the safety of its
employees, its customers, and the public. One of the most valuable assets of the City of Denton is
its employee workforce. In recognition of that belief, the City promotes the health, safety, and
well -being of each individual through progressive health and benefit programs.
The City's obligations include concern for all employees in all areas of known hazards as well as
promoting a professional image. Environmental tobacco smoke is a carcinogen shown to cause
disease, including cancer, in healthy non - smokers, as well as aggravate allergic reactions including
watery eyes, coughing and headaches in susceptible individuals, all of which lead to impaired
performance and increased health care costs. The use of smokeless tobacco is offensive to many
people, citizens and co- workers alike. It is unknown how much nicotine or other potentially
harmful chemicals are being inhaled with electronic cigarettes; therefore, their safety is
unknown. A work environment in which employees are allowed to use smokeless tobacco
products and /or electronic cigarettes promotes an image that many regard as unsanitary and /or
unprofessional. It is therefore the policy of the City of Denton to prohibit the use of smoking
tobacco products, smokeless tobacco products, and electronic cigarettes by City employees at all
City worksites and on all City property while on duty, including buildings, vehicles, and
equipment.
II. ADMINISTRATIVE PROCEDURES
A. Definitions:
"City Building" means any building or structure owned, leased, rented or operated by the City
of Denton.
"City Property" means all property owned, rented or leased by the City. This shall include open
areas surrounding City buildings (e.g. parking lots, storage yards, etc.).
"City Worksite" means any location, not on City Property, where City employees are
performing duties on behalf of the City (e.g. street, right -of -way, easement, citizen's property,
etc.).
POLICY /ADMINISTRATIVE PROCEDURE /ADMINISTRATIVE DIRECTIVE (Continued
TITLE, USE OF TOBACCO PRODUCTS AND ELECTRONIC REFERENCE NUMBER;
CIGARETTES 108.03
"Electronic cigarette" (e.g. e- cigarette) is an electronic inhaler meant to simulate and be a
substitute for tobacco smoking. For purposes of this policy, it also includes electronic vaping
devices, personal vaporizers (PV), or electronic nicotine delivery systems (ENDS).
"Equipment" means mobile equipment other than cars, trucks, buses or vans (e.g. mowers,
compactors, scrapers, front -end loaders, backhoes, trenchers, augers, rollers, bulldozers, etc.).
"Smoking" means the combustion of any product or material containing tobacco as well as
herbal cigarettes.
"Smokeless Tobacco Products" means any product or preparation containing tobacco,
including, but not limited to, chewing tobacco, snuff, and smokeless tobacco, as well as any
product that imitates types of smokeless tobacco (e.g., herbal dip or snuff).
"Vehicle" means any car, truck, bus, or van owned or operated by the City of Denton, used for
conveying persons, supplies, equipment, etc.
B. Smoking and the use of all smokeless tobacco products, as well as electronic cigarettes, is
prohibited within any City building, on any City property or City worksite, or in any City
vehicle or equipment at all times, including during breaks and lunches, if said break or lunch is
conducted on City property or on a City worksite. This prohibition extends to employees
smoking or using tobacco products or electronic cigarettes in their personal vehicle if it is
parked on City property or at a City worksite.
Exceptions will be made in designated areas of the Police Department for suspects and
witnesses during interviews and interrogations, and for individuals confined to the City jail.
Employees may not smoke, use smokeless tobacco, or electronic cigarettes in these areas at any
time.
C. The Facilities Manager, or designee, shall conspicuously place "No Smoking, Use of Smokeless
Tobacco, or Electronic Cigarettes" signs at the entrances of all City buildings and shall
additionally place signs designating authorized tobacco and electronic cigarette use in the Police
Department.
D. Employees will have 12 months from the date of this policy revision to completely comply with
the prohibition on smoking and using smokeless tobacco products, as well as electronic
cigarettes, as outlined in section "B" above. However, employees are still expected to fully
comply with provisions of the previous policy that prohibit smoking and the use of smokeless
tobacco in City buildings and City vehicles.
POLICY /ADMINISTRATIVE PROCEDURE /ADMINISTRATIVE DIRECTIVE ('Confinti e
TITLE: USE OF TOBACCO PRODUCTS AND ELECTRONIC REFERENCE NUMBER:
CIGARETTES 108.03
E. Any employee who violates this policy is subject to disciplinary action as outlined in Policy
109.01 Disciplinary Action.
F. Smoking Cessation Programs: City employees who need or desire assistance with overcoming
a nicotine addiction may seek help through the City's health insurance program or Employee
Assistance Program (EAP), outlined in Policy 107.10 Employee Assistance Program. Interested
employees or supervisors may contact a representative of the Human Resources Department for
assistance.
G. Supervisors are responsible and accountable for communicating this policy to, and enforcing
the policy upon, their employees.
H. Employees are expected to report violations of this policy to their immediate supervisor or
someone in the chain of command. Employees reporting such violations shall not be subjected
to retaliation.
HR/POLICY /I08.03A