R2026-82 Resolution Authorizing the Approval of an Agreement with I.A.F.F. Local 505, from January 1, 2025 through December 31, 2028

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employee is then unfit for duty in this current assignment,the City may authorize sick leave or another assignment if it is available in which the employee is qualified and/or is able to perform. The City shall make available through its Employee Assistance Program (EAP) a means by which the employee may obtain referrals and treatment. All such requests shall be confidential. When undergoing treatment and evaluation, employees shall be allowed to use accumulated sick and/or paid leave and/or be placed on unpaid leave pending treatment. Such leave cannot exceed one (1) calendar year. Section 10. Discipline. All discipline in situations involving a positive drug/alcohol test shall be administered as specified below: (a) First Positive. In the first instance that an employee tests positive on the confirmatory test for drugs or is found to be under the influence of alcohol, the employee may be subject to a suspension not to exceed five (5) calendar days. The foregoing limit on suspension is conditioned upon the employee agreeing to: (1) undergo appropriate treatment as determined by the physician(s) involved; (2) discontinue use of illegal drugs, or abuse of alcohol; (3) complete the course of treatment prescribed, including an "after-care"group for a period up to twelve (12) months; (4) submit to random testing during working hours during the period of "after- care" treatment. Employees who do not agree to or who do not act in accordance with the foregoing, or who test positive a second or subsequent time shall be subject to discipline, up to and including discharge. (b) Second Positive. Employees who test positive in the confirmatory test of drugs, or alcohol on a second occasion shall be subject to discharge. If the employer is then undergoing treatment, as provided in (a) (1) and (3) of Section 10 above, or if there are other mitigating circumstances (such as the absence of any adverse effect on job performance), the discharge penalty may be commuted to a suspension not to exceed thirty (30) calendar days. (c) Third Positive. Employees who test positive on the confirmatory test of drugs, or alcohol on a third occasion shall be subject to discharge without possibility of mitigation or commutation. The Fire Chief is hereby empowered by contract to impose such penalty, and neither the Civil Service Commission nor an arbitrator shall have jurisdiction to review, set aside or modify such penalty. This Section 10 shall in no way limit discipline for other offenses arising out of, related to or aggravated by alcohol, or drug abuse, including but not limited to discipline or discharge because the employee's condition is such that he is unable to properly perform his duties due to the effects of drugs or alcohol, nor shall it limit the discipline to be imposed for selling, purchasing or delivering any illegal drug during the work day or while off duty or forusing any illegal drug while on duty. In cases of misconduct arising out of, related to, or aggravated by alcohol, or drug 43