Ord. 0456-03 03-04-91ORDINANCE NO. 456-3
AN ORDINANCE OF THE CITY OF PEARLAND APPROVING AND
AUTHORIZING THE CITY OF PEARLAND POLICY ON THE USE OF DRUGS
AND ALCOHOL BY CITY EMPLOYEES AND JOB APPLICANTS FOR CITY
POSITIONS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT
"A"; CONTAINING A REPEALER CLAUSE AND A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council recognizes that by Executive Order No.
12564 issued on September 15, 1986, President Reagan mandated that the
head of each federal agency develop a plan to achieve a drug -free
workplace; and
WHEREAS, the City Council of the City of Pearland, Texas (the
"Council") recognizes that drug and alcohol abuse currently ranks as
one of the most serious problems in the United States; and
WHEREAS, Council finds that the prevalence of drugs and alcohol
permeates into the work force of civil government; and
WHEREAS, Council recognizes that the National Institute on Drug
Abuse estimates that one in every five workers ages 18-25 and one in
every eight workers ages 26-34 use drugs on the job; and
WHEREAS, Council further recognizes that the Alcohol, Drug Abuse,
and Mental Health Administration has estimated that alcohol and drug
abuse costs nearly $100 billion in lost productivity each year; and
WHEREAS, Council recognizes that the Bureau of Alcohol, Tobacco
and Firearms has established rules requiring that a warning be placed
on containers of beer, wine and liquor stating that the consumption of
alcoholic beverages impairs an individual's ability to drive a car and
to operate machinery and may cause health problems; and
WHEREAS, Council has determined that action must be taken to
lessen the costs of drug and alcohol abuse in the workplace; and
WHEREAS, Council recognizes that medical research has empirically
established that drug and alcohol abuse adversely affects an
individual's ability to perform certain duties; and
WHEREAS, Council further recognizes that drug and alcohol abuse
may increase the potential for accidents, absenteeism, and substandard
performance, may undermine the efficiency of the work force, and may
impair employee judgment; and
WHEREAS, Council is committed to providing safe and efficient
delivery of services to the citizens of the City of Pearland; and
WHEREAS, Council finds that a City employee's use of illegal
drugs or alcohol can pose a serious health and safety threat to
members of the public and other City employees; and
WHEREAS, Council is committed to maintaining a safe, healthful,
and productive work environment for all employees; and
WHEREAS, Council finds that a City employee's use of illegal
drugs is inconsistent with the law-abiding behavior expected of all
citizens and the special trust placed in City employees as servants of
the public; and
WHEREAS, Council is committed to preserving and protecting the
integrity of the City and its employees; and
WHEREAS, the Council has determined that it is necessary to
preserve and maintain a high degree of public confidence in those
employees charged with upholding public order and public safety; and
WHEREAS, Council finds that successful performance of duties by
law enforcement personnel depends uniquely on their judgment and
dexterity; and
WHEREAS, Council further finds that extraordinary safety hazards
attach to a position that requires the carrying of a firearm; and
WHEREAS, Council finds that in the performance of their duties
law enforcement personnel operate motor vehicles upon the streets of
the City on a daily basis; and
WHEREAS, Council recognizes that law enforcement personnel often
have significant and substantial contact with drug -related crimes; and
WHEREAS, Council further recognizes that the crimes of vice --
prostitution, pornography, gambling and the like -- are frequently in
tandem with the vice of illegal drug use; and
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WHEREAS, Council recognizes that it is necessary to guard against
the harmful consequences to the public good occasioned by the
unauthorized or unlawful use of drugs or alcohol by law enforcement
personnel; and
WHEREAS, Council finds that the abuse of drugs or alcohol by law
enforcement personnel bears directly on their fitness for duty; and
WHEREAS, Council recognizes that the possibility of a trench or
excavation cave-in poses a grave threat to the safety of the workers;
and
WHEREAS, Council recognizes that a large number of deaths have
occurred in Texas as a result of trench/excavation cave-ins; and
WHEREAS, Council recognizes that the Occupational Safety and
Health Administration ("OSHA") has promulgated safety standards and
regulations pertaining to trench shoring and excavating; and
WHEREAS, Council further recognizes that the State of Texas has
passed legislation requiring certain OSHA standards in projects
involving trench excavations exceeding a depth of five feet; and
WHEREAS, Council declares that it has a compelling interest in
the safe transportation of its employees and members of the public;
and
WHEREAS, Council recognizes that one chemically -induced accident
could result in death or serious injury to numerous employees and
passengers transported by City employees in City vehicles; and
WHEREAS, Council finds that the following employees occupy safety
sensitive positions within the City: (i) employees who carry firearms
while on duty; (ii) operators of machinery with rotating blades; (iii)
operators of excavating and lifting equipment; (iv) sanitation truck
drivers and chunkers; (v) employees assigned to work in the field in,
on or about trenches or other excavations with a depth of five feet
(5') or more; (vi) certified peace officers within the Police
Department; and (vii) employees assigned to drive buses, vans or other
vehicles that transport members of the public; and
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WHEREAS, Council desires to establish standards and procedures to
achieve fairness in achieving a drug -free workplace and to protect the
privacy of City employees; and
WHEREAS, Council finds that the adoption of the attached Policy
on the Use of Drugs and Alcohol by City Employees and Job Applicants
for City Positions will be in the best interest of the public health
and safety, law enforcement, and the efficiency of the workplace;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND:
Section One. That the City Council hereby approves and
authorizes the City of Pearland Policy on the Use of Drugs and Alcohol
by City Employees and Job Applicants for City Positions which is
attached hereto as Exhibit "A" and incorporated herein by reference.
Section Two. That all ordinances in force when this ordinance
becomes effective and which are inconsistent or in conflict with this
ordinance are hereby repealed to the extent of any such inconsistency
or conflict.
Section Three. That the City Council hereby declares that if any
section, subsection, paragraph, sentence, clause, phrase, word or
portion of this ordinance is declared invalid or unconstitutional by a
court of competent jurisdiction, the City Council would have passed
and ordained any and all remaining portions of this ordinance without
the inclusion of that portion or portions which may be so found to be
unconstitutional or invalid, and declares
no portion of this ordinance dependent upon
portion thereof, and that all the remaining
full force and effect.
that its intent is to make
the validity of any other
portions shall continue in
Section Four That the City of Pearland Policy on the Use of
Drugs and Alcohol by City Employees and Job Applicants for City
Positions shall take effect thirty (30) days after final passage of
this Policy by City Council; provided, however, that this Policy as
applied to classified personnel under Chapter 143 of the Texas Local
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Government Code employed as certified peace officers within the
Pearland Police Department shall not be effective until it is approved
by the Police Chief and the Civil Service Commission.
PASSED on First Reading this s day of ✓4-1ua� , A. D.,
1991.
C. V. COP
MAYOR
ATTEST:
PAT JONES
CITY SECRETARY
PASSED and APPROVED on Second Reading, this 7 day of
A. D., 1991.
ATTEST:
PAT JONES
CITY SECRETARY
APPRDYED AS TO FORM:
LESTER G. RORICK
CITY ATTORNEY
C. V. COPP
MAYOR
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