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HomeMy WebLinkAboutORD 1987-074 CITY OF GRAPEVINE, TEXAS ORDINANCE NO. 87-74 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AMENDING CHAPTER 18 OF THE GRAPEVINE CITY CODE BY THE ADDITION OF A NEW SUBSECTION 18-75(e) RELATING TO DIVISION OF RESPONSIBILITY; BY THE ADDITION OF A NEW SECTION 18-190 RELATING TO THE EMPLOYEE ASSISTANCE PROGRAM; BY AMENDING SECTION � 18-201 OF THE GRAPEVINE CITY CODE RELATING TO GROUNDS FOR EMPLOYEE DISCIPLINARY ACTION; PROVIDING A SEVERABILITY CLAUSE; DECLARING '��' AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . Chapter 18 of the Grapevine City Code is hereby amended by the addition of a new Section 18-75(e) , which shall read as follows : " (e) The City Manager may adopt reasonable rules and regulations relating to enforcing and implementing this Chapter . " Section 2 . Chapter 18 of the Grapevine City Code is hereby amended by the addition of a new Section 18-190 , which shall read as follows : "Sec . 18-190 . Employee Assistance Program. (A) There is hereby established the �. , Employee Assistance Program, which program is designed to assist employees who are experiencing personal problems $��� with drug or alcohol abuse, financial burdens, marital problems, or other family problems . The program shall be administered and under the supervision of the City Manager, or his duly authorized designee, and shall provide as follows : (1) The City Manager shall adopt reasonable rules and regulations relating to assisting employees with drug or alcohol problems, financial burdens, or other marital or family problems, which rules and regulations shall be designed to satisfy requirements of the federal and state constitu- tions, laws and regulations and city laws and regulations and shall constitute the Employee Assistance Program. A copy of the �>,,,� Employee Assistance Program shall be distributed to each city employee, and a copy shall remain on file with the City Personnel '�""° Director . (2) The rules and regulations adopted by the City Manager shall include procedures for drug testing of city employees upon reasonable suspicion of a violation of the drug use policy of the city. (B) Compliance with the Employee Assistance Program by all city employees is mandatory. " Section 3 . That Section 18-201 of the Grapevine City Code is hereby amended to read as follows : "Section 18-201 . Disciplinary action may be taken against an employee for � just cause. Just cause shall include, but not be limited to: ,� (a) illegal , unethical , abusive, or unsafe acts; (b) violation of city or departmental ordinances , rules, regulations, policies, or procedures; (c) insubordination; (d) inefficiency; (e) neglect or abandonment of duties; (f) abuse of illness, injury, disability, or other benefits; (g) tardiness or absence without leave or permission of a supervisor; (h) falsification of official documents or records; (i) use, possession, or being under the influence, while on the job or on city property, other than during official city functions where the use of � °� alcohol has been approved by the City Manager or City Council , of drugs or alcohol , except drugs �,� administered by a licensed physician or dentist; (j ) refusal to sign a Receipt of Employee Assistance Program Policy or a Performance Impairment Exam Consent Form; (k) waste, damage, or unauthorized use of city property or supplies; (1) unauthorized use or disclosure of official information; and (m) unauthorized or improper use of official authority. " Section 4 . If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect . � Section 5 . . The fact that the present ordinance and regulations of the City of Grapevine, Texas , are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business , property, health, safety and general 0 1 8 2 L -2- welfare of the public which requires that this Ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED the 17th day of November • 1987 � Mayor, City of rapevine, Tex �.,.� ATTEST: C y Secretary City of Grapevine, Texas [SEAL] AFiROVEL AS TO FORM: ___ ;--- �--� , -�\ , ��--' , r'`� � � � City Attorney, City of Grapevine, Texas �,.,;� � � . 0 1 8 2 L -3-