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I � aRi <br />ITEM 5.14. <br />MEMORANDUM <br />verTO: Mayor and City Council <br />FROM: Sandra Thackeray - City Clerk <br />DATE: December 18, 1995 <br />SUBJECT: Drug and Alcohol Testing Policy <br />INTRODUCTION: <br />The Council currently reviewed a draft Drug and Alcohol Policy for Driver's <br />of Commercial Vehicles. No action was taken on this policy due to the issue <br />of discipline. The discipline issue relates to drivers that have tested positive <br />a second time within a five year time period. <br />BACKGROUND: <br />• The policy that was reviewed by the Council is consistent with the city's <br />personnel policy. The City Attorney felt that there may be instances where a <br />second positive test does not warrant dismissal of the driver. Therefore, he <br />suggested following the personnel policy which would leave the Council some <br />discretion in its discipline of a second offense. <br />After reviewing policies from the Association of Minnesota Counties, <br />Hennepin County, Brooklyn Park, and St. Paul, it was found that three out <br />of four of these policies were in concurrence with the City of Elk River's <br />policy in terms of discipline for a second positive test. Three out of four of <br />these policies suggested "discipline up to and including termination" for <br />drivers who tested positive a second time. The fourth policy, which did not <br />concur with the other three policies, handled its discipline of drivers who <br />tested positive in the following manner: <br />"A driver who tested positive for the first time would be suspended <br />without pay for three days. A driver who tested positive a second time <br />would be suspended without pay for ten days, any driver who tested <br />positive for a third time would be discharged." <br />The draft drug and alcohol policy is attached for your convenience. Please <br />refer to Section IX, Number 5, page 11, of the policy. Section number five is <br />red -lined to show the revision as requested by the Council. This revision <br />states that a driver shall be terminated from employment when the driver <br />has a subsequent violation of any prohibited alcohol or controlled substance <br />13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441 -7420 • Fax: (612) 441 -7425 <br />