2014/05/21 Council Agenda Packet

r5 care is completed, and two (2) years have passed with no further violations of this article, test results will be purged from the personnel file. Section 14 Right of Appeal The employee has the right to challenge the results of a City-ordered drug or alcohol test and request a retest at the employee's expense. The employee has the right to grieve any discipline imposed by the City pursuant to a positive drug or alcohol test in the same manner that the employee may grieve any other City action. Section 15 Off Duty Driving Under the Influence of Drugs or Alcohol The parties agree that all of the following penalties will be imposed upon any employee committing a gross misdemeanor or greater violation related to driving under the influence of drugs or alcohol off duty: 1. First conviction or Deferred Prosecution A. Mandatory inpatient treatment and counseling. The employee will be allowed to use accrued sick leave, if available, for treatment. B. Voluntary entry into the Washington Health Professional Services Program for a period of no fewer than five (5) years. C. Employees with a restricted driver's license requiring an ignition interlock device will be prohibited from driving any City-owned vehicle as long as the license restriction applies. D. A last Chance Agreement of 60 months which will include a suspension and/or demotion at the sole discretion of the City. 2. Second conviction while working under a Last Chance Agreement will result in termination of employment. 3. Any third conviction will result in immediate discharge. Employees must notify the Assistant Chief of Operations or the on-duty Battalion Chief of any arrests and/or conviction under any criminal drug or alcohol statute prior to their next work day and within 72 hours following the arrest charge and/or conviction. Existing employees who have a single DUI or deferred prosecution on record prior to January 1, 2012, shall be subject to the first conviction criteria above. Existing employees who have two DUls on record prior to January 1, 2012, will have their current Last Chance Agreements sunset when they have met both of the following conditions: 1. The employee regains an unrestricted driver's license from the State of Washington Department of Licensing, and 2. The employee completes his/her voluntary Washington Health Professional Services Program. Section 16 City Responsibility This drug and alcohol testing program was initiated at the request of the City. The City assumes the responsibility for the administration of the Drug and Alcohol Testing Program. 2(i 4l 59