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HomeMy WebLinkAboutMO # 1403MUNICIPAL ORDER NO. 1403 A MUNICIPAL ORDER ESTABLISHING A DISCIPLINE POLICY FOR THE EMPLOYEES OF THE CITY OF PADUCAH FOR DRIVING UNDER THE INFLUENCE WHILE OFF DUTY AND REPEALING MUNCIPAL ORDER NO. 1398 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. BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY: 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 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 may be grounds for termination. 3. 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 pending 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 day of suspension, 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 employed in a safety sensitive position, as defined herein, the employee shall be offered a suspension for a period of (30) calendar days without pay (which shall include time off up to that point). ii. If the employee is employed in a safety sensitive position (defined as police officers, firefighters employees who routinely operate City vehicles and employees whose responsibilities include supervising the safety of citizens or other emplo ewes), 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 employee's second conviction within a period of five (5) years during his/her employment with the City of Paducah, the conviction shall be grounds for termination. The Department Head shall immediately file charges to terminate the 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 policy 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 City Manager, depending on the length of the license suspension and the availability of jobs for which the employee is qualified. vii. During the suspension, the employee 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. vii. 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 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 the employee is not employed in a safety -sensitive position, as that term is defined herein; B. For a period of ninety (90) calendar days if the employ employed in a safety -sensitive position, as that term is defined herein; 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 termination, depending upon the circumstances, which shall be at the discretion of the Department Head and City Manager. E. If the DUI conviction is such employee's second conviction within a period of five (5) years during his/her employment with the City of Paducah, 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 City Manager, depending on the length of the license suspension and the availability of other jobs for which the employee is qualified. G. During the suspension, the employee 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. 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 any other 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. If an employee receives a suspension of more than 30 days, the employee may, after 30 days of suspension, choose to be paid one day of accrued vacation leave for each subsequent day the employee is on suspension. This provision allows the employee to receive I - ,- � :-Tr.,_, ,, r-,;-,- ,r 7 ------ ----- --,-, I;,-;rr-h- r�-'r' -I 7- =r- ,- - T -r , --m.�--a ,-r..-r .... .. ... ..., :.:, ,... ....1..—L,.1—„y.,l.-. .,, ,..,:. ,. .,: -i- .-1 c.. ,. .... _. --I—L -'_- ..---- -- — ' _ __. I — i — A _ L__ I I income from accrued vacation, but does not allow the employee to reduce the number of dam or she is suspended and barred from his or her work site. 6-.7 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. 8. This Municipal Order shall become effective upon the '�Iay of fidb&4, 200 -9. 9. Municipal Order No. 1398 is hereby repealed. ATTEST: ` l Tammara S. Brock, City Clerk Adopted by the Board of Commissioners October 14, 2008 Recorded by the City Clerk October 14, 2008 \mo\dui policy 2008 amend 105949