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Section 12 Voluntary Rehabilitation Program <br /> An employee may voluntarily enter rehabilitation without a requirement for prior testing. <br /> Employees who enter the program on their own shall not be subject to random retesting by the <br /> City. Employees may, with prior approval, use their accrued and earned leave for the necessary <br /> time off involved in the rehabilitation 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, <br /> not 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 <br /> rehabilitation program, and the employee successfully completes his/her rehabilitation program, <br /> the employee may be returned to the regular duty assignment. Once treatment and follow-up <br /> care is completed, and two (2) years have passed with no further violations of this article, test <br /> results will be purged from the personnel 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 <br /> request a retest at the employee's expense. The employee has the right to grieve any discipline <br /> imposed by the City pursuant to a positive drug or alcohol test in the same manner that the <br /> employee may grieve any other 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 <br /> committing a gross misdemeanor or greater violation related to driving under the influence of <br /> 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 Health Professional Services Program for a <br /> period 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 <br /> termination of 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 <br /> arrests and/or conviction under any criminal drug or alcohol statute prior to their next work day <br /> and within 72 hours following the arrest charge and/or conviction. <br /> 57 <br />