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HomeMy WebLinkAboutMO # 1398MUNICIPAL ORDER NO. 1398 A MUNICIPAL ORDER ESTABLISHING A DISCIPLINE POLICY FOR THE EMPLOYEES OF THE CITY OF PADUCAH FOR DRIVING UNDER THE INFLUENCE WHILE OFF DUTY AND REPLEALING MUNICIPAL ORDER NO. 977 PURPOSE: The purpose of this Policy is to supplement the City's Controlled Substance Abuse Policy by requiring the City's workforce to not engage in certain off-duty conduct which would threaten the reputation of both the employer and employee. IT IS HEREBY ORDERED THAT: 1. Any person employed by the City of Paducah who is charged with driving under the influence as defined under KRS Chapter 189A or an equivalent charge under the laws of any other state (hereinafter "DUI"), while off duty, shall report the charge to such person's Department Head by no later than forty-eight (48) hours after such charge was issued. Failure to comply with this provision shall may be grounds for termination. 2. Any person employed by the City of Paducah who is convicted of an off-duty DUI shall report the conviction to such Person's Department Head by no later than forty-eight (48) hours after the conviction occurred. Failure to comply with this provision shall may be grounds for termination. Any firefighter and police officer, protected by the provisions of KRS Chapter 95, and civil service employee, protected by the provisions of KRS Chapter 90, who is charged with an off-duty DUI shall be automatically and immediately suspended without pay by the Department Head pendia administrative charges and a hearing before the Board of Commissioners or the Civil Service Board, whichever is applicable. Subject to the following, the suspension shall continue until the employee's DUI charge has been disposed of by the Court or sixty (60) calendar days, whichever is shorter: A. If after forty-five (45) calendar days following the employee's first da ofsuspension, the DUI charge is still pending or an appeal has been taken, the Department Head shall file administrative charges with the City Clerk and a hearing in compliance with KRS 95.450 KRS 15.520, or KRS 90.360 (whichever is applicable) is to be held no later than sixty (60) calendar days following the employee's first day of suspension unless the employee waives the applicable sixty (60) day rule in writing. The foregoing notwithstanding, the employee may at any time during the forty-five (45) day period voluntarily enter into an agreed punishment in the form set forth in paragraph B. B. If the employee is deemed guilty of the DUI before the forty-five (45) day deadline, addressed in Paragraph A, and has fully complied with paragraphs 1 and 2 above, the Department Head shall offer the employee a period of suspension without pay as follows: i. If the employee is not required to operate a motor vehicle as an essential function of his or her job, the employee shall be offered a suspension for a period of (30) calendar days without pgy (which shall include time off up to that point). ii. If an essential function of the employee's job is to operate a motor vehicle, the employee shall be offered a suspension for a period of ninety (90) calendar days without pay (which shall include time off up to that point); iii. In the event there exists aggravating circumstances relating to the DUI conviction, such as resisting arrest, fleeing the scene, a motor vehicle accident in which no one was injured, or other conduct which is unbecoming, the offer of suspension shall be for a period of one hundred eighty (180) calendar days without pay. iv. If the aggravating circumstances include a vehicle accident in which serious damage, injury, or death occurred, the offer of suspension shall be greater than one hundred eighty (180) calendar days, or the chance to resign, depending upon the circumstances, which shall be at the discretion of the Department Head and City Manager. V. If the off-duty DUI conviction is such per -sea's employ second conviction within a period of five (5) years er during his/her employment with the City of Paducah, w, iehever- is longer-, the conviction shall be grounds for termination. The Department Head shall immediately file charges to terminate the per -son's employee's employment. vi. If the employee's license is suspended for a period longer than the suspension from work as set forth in this nolicv and an essential function of the employee's job is to operate a motor vehicle, the offer shall be in the form of a demotion to a job for which operating a motor vehicle is not an essential function or the chance to resign, which shall be at the discretion of the Department Head and CitesManager, depending on the length of the license suspension and the availability of jobs for which the employ. e�qualified. vii. During s„�h time the suspension, the employee e requ4edte shall complete an alcohol and/or drug counseling program, at the expense of the employee, to be approved by the Department Head and City Manager. viii. Once an offer is made, the employee shall have two (2) business days in which to accept the offer or request a hearing. 4. Any per -sen employee not protected by the provisions of KRS Chapter 95 or KRS Chapter 90, who is charged with an off-duty DUI shall be immediately suspended without pay as follows: A. For a period of thirty (30) calendar days if an essential function of the employee's job does not include operating a motor vehicle; B. For a period of ninety (90) calendar days if an essential function of the employee's job includes operating a motor vehicle; C. In the event there exists aggravating circumstances relating to the DUI conviction, such as resisting arrest, fleeing the scene, a motor vehicle accident in which no one was injured, or other conduct which is unbecoming, the period of suspension shall be for a period of one hundred eighty (180) calendar days without pay; D. If the aggravating circumstances include a vehicle accident in which serious damage, injury, or death occurred, the period of suspension shall be greater than one hundred eighty (180) calendar days, or the chance to resign, depending upon the circumstances, which shall be at the discretion of the Department Head and City Manager. E. If the eff DUI conviction is such persen''s employ, a'ssecond conviction within a period of five (5) years of during his/her employment with the City of Paducah, ••,,,;,.hevef is !eager, the employee shall be terminated. F. If the employee's license is suspended for a period longer than the suspension from work as set forth in this policy and an essential function of the employee's job is to operate a motor vehicle, the discipline shall be in the form of a demotion to a job for which operating a motor vehicle is not an essential function or termination, at the discretion of the Department Head and Cily Manager, pending on the length of the license suspension and the availability of other jobs for which the employee is qualified. G. During sueh timesue the suspension, the employee will be required to shall complete an alcohol and/or drug counseling program, at the expense of the employee, to be approved by the Department Head and City Manager. 5. If during the suspension, the employee is deemed not guilty of the DUI by the Court, the employee shall be allowed to return to work upon presenting a certified copy of the not guilty verdict to the employee's Department Head. If, however, the employee is nevertheless subject to a license suspension due to a violation of the implied consent law or for anyother reason and an essential function of the employee's job is operating a motor vehicle, Paragraphs 3(B)(vi) or 4(F) shall be applicable. 6. Notwithstanding the foregoing provisions, any person affected hereunder shall nevertheless have all rights such person is entitled to under any statute, ordinance, or collective bargaining agreement, including any right to a hearing. 7. This Municipal Order shall become effective upon the 23rd day of September, 2008. 8. Municipal Order No. 977 is hereby repealed. William Paxton, AT EST: S &f7eL Tammara S. Brock, City Clerk Adopted by the Board of Commissioners September 23, 2008 Recorded by the City Clerk, September 23, 2008 \mo\dui policy 2008 105144 --- -- _.. -.-.r r- -_"t'i"ir- 1­-ri -- -'r. ,..:q -- T- .... -... �`- 1's ......,...