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1486 _ ' RESOLUTION NO. I~ gIp A RESOLUTION TO AMEND THE CITY OF WEST MEMPHIS, ARKANSAS, DRUG TESTING POLICY AND PROCEDURES AND ADOPTED BY RESOLUTION NO. 1398, AND FOR OTHER PURPOSES. WHEREAS, by resolution no. 1398 the City of West Memphis adopted a drug testing policy and procedures applicable to all employees and applicants for employment; and WHEREAS, by ordinance 1728 the City of West Memphis adopted the Federal Department of Transportation's 1994 final rules for controlled substances and alcohol testing updating the Omnibus Transportation Employee Act of 1991 and established a "zero tolerance" policy applicable to holders of commercial drivers' licenses; and WHEREAS, the City of West Memphis, Arkansas, Drug Testing Policy and Procedures should be amended to make the "zero tolerance" policy applicable to all city employees; NOW, THEREF01tE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT the City of West Memphis, ~: Arkansas, Drug Testing Policy and Procedures as adopted by ,, resolution no. 1398 is hereby amended as follows: 1. Section VI(f) of the Drug Testing Policy and Procedures is hereby deleted in its entirety; 2. Section VII(c) of the Drug Testing Policy and Procedures is hereby deleted in its entirety; 3. Section VIII(b)of the Drug Testing Policy and Procedures is hereby amended to read as follows: The consequence for any employee who refuses to consent to a drug or alcohol test when reasonable suspicion of drug or alcohol use has been F V identified, or any employee who refuses a random test shall be immediate discharge. 4. Section X of the Drug Testing Policy and Procedures is hereby amended to read as follows: SPONSORED BY: Any job applicant whose positive test result has been confirmed will be denied employment with the City of West Memphis. ~ When a demand is made of an employee for drug and/or alcohol testing under reasonable suspicion, the employee shall not return to work after being tested until the results have been received by the city official requesting the testing. When the results are received, the employee will be notified and requested to attend a conference with the employee's supervisor. Should the test results be negative, the employee may or may not be allowed to return to work, depending on other factors involved. The consequence for any employee whose positive test has been confirmed shall be immediate discharge. 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed. ADOPTED this ~_ day of }tORlL ~ 19~• C,~,~ AL BOALS, Mayor ATTEST. D C lerk RECEIVED CITY CLERK OFFICE DATE Q.rn, p. I ~ ! Q'9 ~ - P ! : oS~,,,` ~- P~.p.Q.vs~ -2- 0