§ 78-151. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City premises means all city property, including vehicles, lockers, parking lots, city offices, and buildings, including but not limited to city hall, police station, fire station, public library, city warehouses, the civic center, water treatment plant, wastewater treatment plants, city parks and community forest.

City property means all city-owned or city-leased property used by employees, such as vehicles, lockers, desks, closets, etc.

Controlled substance means any substance listed in schedules I through V of section 202 of the Controlled Substance Act (21 USC 812), as amended.

Drug means any chemical substance that produces physical, mental, emotional or behavioral change in the user.

Drug paraphernalia means equipment, a product or material that is used or intended for the use in concealing an illegal drug or for use in injecting, ingesting, inhaling or otherwise introducing into the human body an illegal drug or controlled substance.

Fitness for duty means to work in a manner suitable for the job. To determine fitness, a medical evaluation may include drug or alcohol testing.

Illegal drug means any drug or derivative of a drug for which the use, possession, sale, transfer, attempted sale or transfer, manufacture or storage is illegal or regulated under any federal, state or local law and any other drug, including but not limited to a prescription drug, used for any reason other than a legitimate medical reason and inhalants used illegally. Included is marijuana or cannabis in all forms.

Negative test results means results that indicate no alcohol or drugs in the employee's system other than properly used prescription medication.

Reasonable cause or reasonable suspicion means supported by evidence strong enough to establish that a policy violation has occurred.

Testing means a urine, blood, or breath test to determine chemical or drug content. Testing results will remain confidential. Testing can occur in the following instances:

(1)

Preemployment process.

(2)

Routine physical examination as required by the city.

(3)

Reasonable cause to suspect use.

(4)

Injury involving an employee's causing or contributing to the injury.

(5)

On-the-job accident.

Under the influence means a state of having a blood alcohol concentration of 0.10 or more, where alcohol concentration has the meaning assigned to it in Vernon's Ann. Civ. St. art. 6701l-1, or the state of not having the normal use of mental or physical faculties resulting from the voluntary introduction into the body of an alcoholic beverage or a controlled substance.

(Code 1968, § 2-163)

Cross reference

Definitions generally, § 1-2.