HomeMy WebLinkAboutMO # 977558 11 1i
MUNICIPAL ORDER NO. 977
A MUNICIPAL ORDER ESTABLISHING A DISCIPLINE
POLICY FOR THE EMPLOYEES OF THE CITY OF PADUCAH
FOR DRIVING UNDER THE INFLUENCE WHILE OFF DUTY
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:
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 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 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.
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 the DUI charge is still
pending or on appeal, the Department Head shall file administrative charges with the City
Clerk and a hearing is to be held no later than sixty (60) days following the employee's
first day of suspension. The foregoing notwithstanding, the employee may at any time
during the forty-five (45) day period voluntarily enter into agreed punishment in the form
set forth in paragraph B, even if a conviction has not occurred.
B. If the employee is found guilty of the DUI before the forty-
five (45) day deadline, and has fully complied with paragraphs 1 and 2 above, the
Department Head shall offer the employee a suspension for a period of ninety (90)
calendar days without pay (which shall include time off up to that point). The employee
will be required to complete an alcohol and/or drug counseling program, at the expense of
the employee, to be approved by the Department Head and City Manager. The employee
may have additional restrictions placed on his authorization to operate a City vehicle. The
559
employee shall have two (2) business days in which to accept the offer or request a
hearing. In the event there exists aggravating circumstances relating to the DUI
conviction, such as failure to cooperate with the arresting officer, 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.
If there are serious aggravating circumstances such as resisting arrest, fleeing the scene,
or a vehicle accident in which serious damages, 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. If the off-duty DUI conviction is such person's
second conviction within a period of five (5) years, the conviction shall be grounds for
termination. The Department Head shall immediately file charges to terminate the
person's employment.
4. Any person 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 for a period of ninety (90) calendar days or one hundred eighty calendar
(180) days, if aggravating circumstances exist. If serious aggravating circumstances exist
the Department Head and the City Manager may subject the employee to longer
suspension or recommendation for discharge as described in Paragraph 3 above. The
employee shall complete an alcohol and/or drug counseling program, at the expense of
the employee, as approved by the Department Head and City Manager. The employee
may have additional restrictions placed on his authorization to operate a City vehicle. In
the event the employee is convicted of a DUI and it is such person's second conviction
within a period of five (5) years, the employee shall be immediately terminated. The
Department Head shall immediately file charges to terminate the person's employment
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.
6. This Municipal Order shall become effective upon the 17TH day of
December, 2002.
7. Municipal Order No. 765 and Municipa Order No. 845 are hereby
repealed.
X
William Paxt n, Mayor
ATTEST:
Tammara S. Brock, City Clerk
Adopted by the Board of Commissioners December 17, 2002
Recorded by Tammara S. Brock, City Clerk December 17, 2002
36614