Common use of RANGE OF CONSEQUENCES Clause in Contracts

RANGE OF CONSEQUENCES. 1. Employees who violate this policy will be subject to a range of disciplinary consequences depending upon the severity of the infraction and/or the employee’s past performance record. In all cases, the City reserves the right to determine the appropriate disciplinary measures, which may be more or less severe than those included in this guideline. The following list of actions and the related consequences is intended as a guideline only, and further, is not intended to be an all-inclusive list of possible disciplinary consequences. 2. If an employee has an alcohol concentration of 0.02 or greater in any authorized alcohol test, and/or tests positive for drugs and/or their metabolites in any authorized drug test and it is the employee’s first offense, then s/he shall be referred to the EAP for counseling and/or completion of a substance abuse treatment or rehabilitation program. However, if an employee violates a work rule in conjunction with failing a drug and/or alcohol test, then s/he may be subject to disciplinary action. The City shall have the right to take disciplinary action, up to and including discharge, based on the severity of the incident and/or the employee’s past record. 3. Employees will be subject to disciplinary action, up to and including discharge, for any of the following infractions: a) Refusal to submit to an authorized drug and/or alcohol test. Refusal to submit to testing means that the employee fails to provide an adequate urine or breath sample for testing without a valid medical explanation after s/he has received notice of the requirement to be tested, or engages in conduct that clearly obstructs the testing process. Refusal to submit to testing includes, but is not limited to, refusal to execute any required consent forms, refusal to cooperate regarding the collection of samples, refusal or failure to provide necessary documentation to the MRO when requested, and/or submission or attempted submission of an adulterated or substituted urine sample. b) Drinking alcoholic beverages or using drugs while on duty, on City property, in City vehicles, or during breaks and/or meal periods during work hours. c) Unlawful manufacture, distribution, dispensation, possession, concealment or sale of any controlled substance, including an alcoholic beverage, while on duty, on City property, in City vehicles, or during breaks and/or meal periods during work hours. d) Any criminal drug statute conviction and/or failure to notify the City of such conviction within 5 days. e) Failure to complete a counseling, treatment, or rehabilitation program as prescribed by the SAP. f) Testing positive on a return to duty. g) Any two failures on follow up drug and/or alcohol testing during the 24 month following rehabilitation. h) Failure to report to a collection site within two (2) hours of notification for return to duty or follow up testing. i) Second offense – alcohol concentration of 0.02 or greater in any reasonable suspicion authorized alcohol test, and/or testing positive for drugs and/or their metabolites in any authorized reasonable suspicion drug test. j) Employee’s failure to participate in the temporary and/or final releases for duty testing in a timely manner. 4. Although the foregoing infractions will ordinarily result in discharge regardless of the employee’s position, the City reserves the right to consider extenuating circumstances and to impose lesser discipline when such action is deemed appropriate.

RANGE OF CONSEQUENCES. 1. Employees who violate this policy will be subject to a range of disciplinary consequences depending upon the severity of the infraction and/or the employee’s past performance record. In all cases, the City reserves the right to determine the appropriate disciplinary measures, which may be more or less severe than those included in this guideline. The following list of actions and the related consequences is intended as a guideline only, and further, is not intended to be an all-inclusive list of possible disciplinary consequences. 2. If an employee has an alcohol concentration of 0.02 0.04 or greater in any authorized alcohol test, and/or tests positive for drugs and/or their metabolites in any authorized drug test and it is the employee’s first offense, then s/he shall be referred to the EAP for counseling and/or completion of a substance abuse treatment or rehabilitation program. However, if an employee violates a work rule in conjunction with failing a drug and/or alcohol test, then s/he may be subject to disciplinary action. The City shall have the right to take disciplinary action, up to and including discharge, based on the severity of the incident and/or the employee’s past record. 3. Employees will be subject to disciplinary action, up to and including discharge, for any of the following infractions: a) a. Refusal to submit to an authorized drug and/or alcohol test. Refusal to submit to testing means that the employee fails to provide an adequate urine or breath sample for testing without a valid medical explanation after s/he has received notice of the requirement to be tested, or engages in conduct that clearly obstructs the testing process. Refusal to submit to testing includes, but is not limited to, refusal to execute any required consent forms, refusal to cooperate regarding the collection of samples, refusal or failure to provide necessary documentation to the MRO when requested, and/or submission or attempted submission of an adulterated or substituted urine sample. b) b. Drinking alcoholic beverages or using drugs while on duty, on City property, in City vehicles, or during breaks and/or meal periods during work hoursperiods. c) c. Unlawful manufacture, distribution, dispensation, possession, concealment or sale of any controlled substance, including an alcoholic beverage, while on duty, on City property, in City vehicles, or during breaks and/or meal periods during work hoursperiods. d) d. Any criminal drug statute conviction and/or failure to notify the City of such conviction within 5 days. e) e. Failure to complete a counseling, treatment, or rehabilitation program as prescribed by the SAP. f) f. Testing positive on a return to duty. g) duty g. Any two failures on follow up drug and/or alcohol testing during the 24 month months following rehabilitation. h) Failure to report to a collection site within two (2) hours of notification for return to duty or follow up testing. i) Second offense – alcohol concentration of 0.02 or greater in any reasonable suspicion authorized alcohol test, and/or testing positive for drugs and/or their metabolites in any authorized reasonable suspicion drug test. j) Employee’s failure to participate in the temporary and/or final releases for duty testing in a timely manner. 4. Although the foregoing infractions will ordinarily result in discharge regardless of the employee’s position, the City reserves the right to consider extenuating circumstances and to impose lesser discipline when such action is deemed appropriate.

RANGE OF CONSEQUENCES. 1. Employees who violate this policy will be subject to a range of disciplinary consequences depending upon the severity of the infraction and/or the employee’s past performance record. In all cases, the City County reserves the right to determine the appropriate disciplinary measures, which may be more or less severe than those included in this guideline. The following list of actions and the related consequences is intended as a guideline only, and further, is not intended to be an all-inclusive list of possible disciplinary consequences. 2. If an employee has an alcohol concentration of 0.02 or greater in any authorized alcohol test, and/or tests positive for drugs and/or their metabolites in any authorized drug test and it is the employee’s first offense, then s/he shall be referred to the EAP for counseling and/or completion of a substance abuse treatment or rehabilitation program. However, if an employee violates a work rule in conjunction with failing a drug and/or alcohol test, then s/he may be subject to disciplinary action. The City County shall have the right to take disciplinary action, up to and including discharge, based on the severity of the incident and/or the employee’s past record. 3. Employees will be subject to disciplinary action, up to and including discharge, for any of the following infractions: a) Refusal to submit to an authorized drug and/or alcohol test. Refusal to submit to testing means that the employee fails to provide an adequate urine or breath sample for testing without a valid medical explanation after s/he has received notice of the requirement to be tested, or engages in conduct that clearly obstructs the testing process. Refusal to submit to testing includes, but is not limited to, refusal to execute any required consent forms, refusal to cooperate regarding the collection of samples, refusal or failure to provide necessary documentation to the MRO when requested, and/or submission or attempted submission of an adulterated or substituted urine sample. b) Drinking alcoholic beverages or using drugs while on duty, on City County property, in City County vehicles, or during breaks and/or meal periods during work hours. c) Unlawful manufacture, distribution, dispensation, possession, concealment or sale of any controlled substance, including an alcoholic beverage, while on duty, on City County property, in City County vehicles, or during breaks and/or meal periods during work hours. d) Any criminal drug statute conviction and/or failure to notify the City County of such conviction within 5 days. e) Failure to complete a counseling, treatment, or rehabilitation program as prescribed by the SAP. f) Testing positive on a return to duty. g) Any two failures on follow up drug and/or alcohol testing during the 24 month following rehabilitation. h) Failure to report to a collection site within two (2) hours of notification for return to duty or follow up testing. i) Second offense – alcohol concentration of 0.02 or greater in any reasonable suspicion authorized alcohol test, and/or testing positive for drugs and/or their metabolites in any authorized reasonable suspicion drug test. j) Employee’s failure to participate in the temporary and/or final releases for duty testing in a timely manner. 4. Although the foregoing infractions will ordinarily result in discharge regardless of the employee’s position, the City County reserves the right to consider extenuating circumstances and to impose lesser discipline when such action is deemed appropriate.

RANGE OF CONSEQUENCES. 1. Employees who violate this policy will be subject to a range of disciplinary consequences depending upon the severity of the infraction and/or the employee’s past performance record. In all cases, the City reserves the right to determine the appropriate disciplinary measures, which may be more or less severe than those included in this guideline. The following list of actions and the related consequences is intended as a guideline only, and further, is not intended to be an all-inclusive list of possible disciplinary consequences. 2. If an employee has an alcohol concentration of 0.02 or greater in any authorized alcohol test, and/or tests positive for drugs and/or their metabolites in any authorized drug test and it is the employee’s first offense, then s/he shall be referred to the EAP for counseling and/or completion of a substance abuse treatment or rehabilitation program. However, if an employee violates a work rule in conjunction with failing a drug and/or alcohol test, then s/he may be subject to disciplinary action. The City shall have the right to take disciplinary action, up to and including discharge, based on the severity of the incident and/or the employee’s past record. 3. Employees will be subject to disciplinary action, up to and including discharge, for any of the following infractions: a) Refusal to submit to an authorized drug and/or alcohol test. Refusal to submit to testing means that the employee fails to provide an adequate urine or breath sample for testing without a valid medical explanation after s/he has received notice of the requirement to be tested, tested or engages in conduct that clearly obstructs the testing process. Refusal to submit to testing includes, but is not limited to, refusal to execute any required consent forms, refusal to cooperate regarding the collection of samples, refusal or failure to provide necessary documentation to the MRO when requested, and/or submission or attempted submission of an adulterated or substituted urine sample. b) Drinking alcoholic beverages or using drugs while on duty, on City property, in City vehicles, or during breaks and/or meal periods during work hours. c) Unlawful manufacture, distribution, dispensation, possession, concealment or sale of any controlled substance, including an alcoholic beverage, while on duty, on City property, in City vehicles, or during breaks and/or meal periods during work hours. d) Any criminal drug statute conviction and/or failure to notify the City of such conviction within 5 days. e) Failure to complete a counseling, treatment, or rehabilitation program as prescribed by the SAP. f) Testing positive on a return to duty. g) Any two failures on follow up drug and/or alcohol testing during the 24 month following rehabilitation. h) Failure to report to a collection site within two (2) hours of notification for return to duty or follow up testing. i) Second offense – alcohol concentration of 0.02 or greater in any reasonable suspicion authorized alcohol test, and/or testing positive for drugs and/or their metabolites in any authorized reasonable suspicion drug test. j) Employee’s failure to participate in the temporary and/or final releases for duty testing in a timely manner. 4. Although the foregoing infractions will ordinarily result in discharge regardless of the employee’s position, the City reserves the right to consider extenuating circumstances and to impose lesser discipline when such action is deemed appropriate.