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Section 12 Voluntary Rehabilitation Program <br /> An employee may voluntarily enter rehabilitation without a requirement for prior testing.Employees who <br /> enter the program on their own shall not be subject to random retesting by the City.Employees may,with <br /> prior approval,use their accrued and earned leave for the necessary time off involved in the rehabilitation <br /> program. <br /> If an employee tests positive during the one(1)year period following completion of voluntary <br /> rehabilitation,the employee will be re-evaluated by a SAP to determine if the employee requires <br /> additional counseling and/or treatment.The employee will be solely responsible for any costs,not <br /> covered by medical insurance,which arise from counseling or treatment. <br /> Section 13 Duty Assignment <br /> If the duty assignment for an employee is modified or changed as a result of a voluntary rehabilitation <br /> program,and the employee successfully completes his/her rehabilitation program,the employee maybe <br /> returned to the regular duty assignment. Once treatment and follow-up care is completed,and two(2) <br /> years have passed with no further violations of this article,test results will be purged from the personnel <br /> file. <br /> Section 14 Right of Appeal <br /> The employee has the right to challenge the results of a City-ordered drug or alcohol test and request a <br /> retest at the employee's expense. The employee has the right to grieve any discipline imposed by the City <br /> pursuant to a positive drug or alcohol test in the same manner that the employee may grieve any other <br /> City action. <br /> Section 15 Off Duty Driving Under the Influence of Drugs or Alcohol <br /> The parties agree that all of the following penalties will be imposed upon any employee committing a <br /> gross misdemeanor or greater violation related to driving under the influence of drugs or alcohol off duty: <br /> 1. First conviction or Deferred Prosecution <br /> A. Mandatory inpatient treatment and counseling. The employee will be allowed to use <br /> accrued sick leave,if available,for treatment. <br /> B. Voluntary entry into the Washington Recovery and Monitoring Program for a period <br /> of no fewer than five(5)years. <br /> C. Employees with a restricted driver's license requiring an ignition interlock device will <br /> be prohibited from driving any City-owned vehicle as long as the license restriction <br /> applies. <br /> D. A last Chance Agreement of 60 months which will include a suspension and/or <br /> demotion at the sole discretion of the City. <br /> 2. Second conviction while working under a Last Chance Agreement will result in termination of <br /> employment. <br /> 3. Any third conviction will result in immediate discharge. <br /> Employees must notify the Assistant Chief of Operations or the on-duty Battalion Chief of any arrests <br /> and/or conviction under any criminal drug or alcohol statute prior to their next work day and within 72 <br /> hours following the arrest charge and/or conviction. <br /> 57 <br />