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<br />. <br /> <br />. <br /> <br />ORDINANCE NO. 1708 <br /> <br />AN ORDINANCE MAKING FINDINGS OF FACT ON THE EFFECTS OF SUBSTANCE <br />ABUSE; ADOPTING A DRUG AND ALCOHOL ABUSE POLICY AND PROCEDURES FOR <br />THE CITY OF LA PORTE; GONTAINING A REPEALING CLAUSE AND A <br />SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; <br />AND PROV.IDING AN EFFECTIVE DATE HEREOF. <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: <br /> <br />Section 1. The City Council of the City of La Porte hereby <br /> <br />makes the following findings of fact: <br /> <br />1. Drug use is having serious adverse effects upon a significant <br />proportion of the national work force and results in billions of <br />dollars of lost productivity each year. <br /> <br />2. The City of La Porte, as an employer, is concerned with the <br />well-being of its employees, the successful accomplishment of <br />its municipal government missions, and the need to maintain <br />employee productivity. <br /> <br />3. The City of La Porte, as an employer, can and should show the <br />way toward achieving a drug-free workplace through a progtam <br />designed to offer drug users a helping hand and, at the same <br />time, demonstrating to drug users and potential drug users that <br />drugs will not be tolerated in the City workplace. <br /> <br />4. The profits from illegal drugs provide the single greatest <br />source of income for organized crime, fuel violent street crime, <br />and otherwise contribute to the breakdown of our society; <br /> <br />5. The use of illegal drugs, on or off duty, by City employees is <br />inconsistent not only with the law-abiding behavior expected of <br />all citizens, but also with the special trust placed in such <br />employees as servants of the public. <br /> <br />6. City employees who use illegal drugs, on or off duty, tend to be <br />less productive, less reliable, and prone to greater absenteeism <br />than their fellow employees who do not use illegal drugs. <br /> <br />7. The use of illegal drugs, on or off duty, by City employees <br />impairs the efficiency of City government, undermines public <br />confidence in City government, and makes it more difficult for <br />other employees who do not use illegal drugs to perform their <br />jobs effectively. The use of illegal drugs, on or off duty, by <br />City employees also can pose a serious health and safety threat <br />to members of the public and to other City employees. <br /> <br />8. The use of illegal drugs, on or off duty, by City employees in <br />certain positions evidences less than the complete reliability, <br />stability, and good judgment that is consistent with access to <br />sensitive information and the responsibility of City employees <br />to protect the health and safety of its citizens, and creates <br />the possibility of coercion, influence, and irresponsible action <br />under pressure that may pose a serious risk to City security, <br />the public safety, and the effective enforcement of the law. <br /> <br />9. City employees who use illegal drugs must themselves be <br />primarily responsible for changing their behavior and, if <br />necessary, begin the process of rehabilitating themselves. <br /> <br />10. Congress has enacted the Federal Drug Free Workplace Act, <br />41 U.S.C.A. S611, et. seq., and Drug Free Workplace Requirements <br />for Federal Grant Recipients, 41 U.S.C.A. S702, et. seq., and <br />regulations have been promulgated pursuant thereto. The City of <br />La Porte is a recipient of federal grants, and is subject to the <br />requirements of the Federal Drug Free Workplace Act, as it <br />applies to Federal grant recipients. Among the requirements of <br />said Federal act, is the implementation and publication of a <br />drug-free awareness program for employees of the City of La <br />Porte. <br />