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59 <br /> <br />Any additional split-sample testing costs at the request of the employee shall be borne by the employee. <br /> <br />Section 12 Voluntary Rehabilitation Program <br />An employee may voluntarily enter rehabilitation without a requirement for prior testing. Employees who enter the <br />program on their own shall not be subject to random retesting by the City. Employees may, with prior approval, use <br />their accrued and earned leave for the necessary time off involved in the rehabilitation program. <br /> <br />If an employee tests positive during the one (1) year period following completion of voluntary rehabilitation, the <br />employee will be re-evaluated by a SAP to determine if the employee requires additional counseling and/or <br />treatment. The employee will be solely responsible for any costs, not covered by medical insurance, which arise <br />from counseling or treatment. <br /> <br />Section 13 Duty Assignment <br /> <br />If the duty assignment for an employee is modified or changed as a result of a voluntary rehabilitation program, <br />and the employee successfully completes his/her rehabilitation program, the employee may be returned to the <br />regular duty assignment. Once treatment and follow-up care is completed, and two (2) years have passed with no <br />further violations of this article, test results will be purged from the personnel file. <br /> <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 retest at <br />the employee’s expense. The employee has the right to grieve any discipline imposed by the City pursuant to a <br />positive drug or alcohol test in the same manner that the employee may grieve any other City action. <br /> <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 gross <br />misdemeanor or greater violation related to driving under the influence of drugs or alcohol off duty: <br /> <br />1. First conviction or Deferred Prosecution <br />A. Mandatory inpatient treatment and counseling. The employee will be allowed to use accrued <br />sick leave, if available, for treatment. <br />B. Voluntary entry into the Washington Recovery and Monitoring Program for a period of no <br />fewer than five (5) years. <br />C. Employees with a restricted driver's license requiring an ignition interlock device will be <br />prohibited from driving any City-owned vehicle as long as the license restriction 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 and/or <br />conviction under any criminal drug or alcohol statute prior to their next work day and within 72 hours following <br />the arrest charge and/or conviction. <br /> <br />Existing employees who have a single DUI or deferred prosecution on record prior to January 1, 2012, shall be <br />subject to the first conviction criteria above. <br /> <br />Existing employees who have two DUIs on record prior to January 1, 2012, will have their current Last Chance <br />Agreements sunset when they have met both of the following conditions: <br />1. The employee regains an unrestricted driver’s license from the State of Washington <br />Department of Licensing, and