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(3) complete the course of treatment prescribed, including an "after-care" group for a <br /> period up to twelve (12) months; <br /> (4) submit to random testing during working hours during the period of "after-care" <br /> treatment. <br /> Employees who do not agree to or who do not act in accordance with the foregoing, or <br /> who test positive a second or subsequent time shall be subject to discipline, up to and including <br /> discharge. <br /> (b) Second Positive. Employees who test positive in the confirmatory test of drugs or <br /> alcohol on a second occasion shall be subject to discharge. If the employer is then undergoing <br /> treatment, as provided in (a) (1) and (3) of Section 10 above, or if there are other mitigating <br /> circumstances (such as the absence of any adverse effect on job performance), the discharge <br /> penalty may be commuted to a suspension not to exceed thirty (30) calendar days. <br /> (c) Third Positive. Employees who test positive on the confirmatory test of drugs or <br /> alcohol on a third occasion shall be subject to discharge without possibility of mitigation or <br /> commutation. The Fire Chief is hereby empowered by contract to impose such penalty, and <br /> neither the Civil Service Commission nor an arbitrator shall have jurisdiction to review, set aside <br /> or modify such penalty. This Section 10 shall in no way limit discipline for other offenses arising <br /> out of, related to or aggravated by alcohol or drug abuse, including but not limited to discipline <br /> or discharge because the employee's condition is such that he is unable to properly perform his <br /> duties due to the effects of drugs or alcohol, nor shall it limit the discipline to be imposed for <br /> selling, purchasing or delivering any illegal drug during the work day or while off duty or for <br /> using any i�legal drug while on duty. In cases of misconduct arising out of, related to, or <br /> aggravated by alcohol or drug abuse, the discipline imposed shall be based upon the extent, <br /> severity, and/or consequences of the misconduct (including whether such misconduct is a <br /> violation of public law) or inability to perform (including the risk of damage to public or Fire <br /> Department life, limb or property). <br /> Section 11. Confidentiality of Test Results. The results of drug and alcohol tests will be <br /> dis�losed to the person tested, the Fire Chief, the Human Resources Manager, the designated <br /> representative of the Union, and such other officials as may be mutually agreed to by the <br /> parties. Such designations will be made on a need-to-know basis. Test results will not be <br /> disclosed externally except where the person tested consents. Any employee whose <br /> drug/alcohol screen is confirmed positive shall have an opportunity during the disciplinary <br /> process to refute said results. <br /> Section 12. Insurance Coverage. The employee may utilize the City's EAP, but if <br /> further treatment is necessary, coverage or lack of coverage will be determined by the <br /> employee's individual health plan. <br /> �� <br /> CITY MANAGER PRES ENT <br /> For the City of Decatur, Illinois For t e Union, I.A.F. . Local 505 <br /> � .� <br /> DATED this � day of , 2005. DATED this ,;� ` day of , 2005. <br /> 33 <br />