The text
FOOTNOTE(S):
--- (1) --- refcharter or refcross or refstatelaw Cross reference— Licenses and miscellaneous business regulations, Ch. 6; parks and recreation, Ch. 9; planning, Ch. 10; land trust, § 10-57 et seq.; police department, Ch. 11.
refcharter or refcross or refstatelaw State Law reference— Towns and cities, G.L. 1956, Title 45.
ARTICLE I. - IN GENERAL#
Sec. 2-1. - Access to public records.#
(a)
Any person seeking access to any public record which is required to be made available by General Laws section 38-2-1 et seq. shall make a written, signed request to the custodian of such records stating specifically which records are sought for inspection and/or copying.
(b)
The custodian shall within ten (10) business days of such request either permit or deny such request; provided, however, that failure to take any action within such ten (10) days, shall be deemed to be a denial. Furthermore, the person to whom the request is made may, for good cause, extend the period for permitting or denying a request to thirty (30) days.
(c)
The custodian shall designate the time and place at which records may be inspected or copied. In no case shall records be required to be removed from the town offices and in no case shall records be required to be made available outside normal business hours.
(d)
As provided in General Laws section 38-2-4 all reasonable expenses involved in retrieval and/or copying of records shall be levied as a charge to the person requesting such printout or copy.
(e)
The person making the request shall be informed at the time the request is received of the charges and shall be furnished an estimate of the costs which will be incurred. Before any copies are made, the person making the request shall pay the estimated cost, and before any copies are delivered, the person making the request shall pay any balance due after credit for estimated costs paid.
(f)
Any person denied the right to inspect may, within twenty (20) days of the date of denial, petition the town council for a review as provided in General Laws section 38-2-8, and the town council shall make a decision within ten (10) days after the submission of the review petition.
Comment Text (parent not a footnote)(Ord. of 9-13-79)
Sec. 2-2. - No smoking policy.#
(a)
Effective October 9, 1986, there shall be no smoking in facilities occupied by the town, except in areas specifically designated by the town council.
(b)
Smoking is not permitted at meetings or conferences held in any town facilities.
(c)
There shall be no smoking in private offices. Visitors to private work areas must honor this policy.
(d)
Consistent with state law, smoking is not permitted, except as specifically provided in this policy, and "no smoking" signs shall be posted in all departments and buildings in the town.
(e)
Police dispatchers, working eight-hour shifts, are allowed to smoke at their desks during mealtime and when no other personnel or member of the public are in the department. Smoking will not be allowed in any other part of the police department. A smoke filter must be in operation while the dispatcher is smoking and all ashtrays must be put away when not in use.
(f)
Enforcement of the town smoking policy shall be placed as a responsibility on all employees in order to make the policy most equitable and effective.
(g)
Unresolved complaints or problems related to employee smoking practices must be referred to the department head or the town council. All complaints to the town council must be filed with the town clerk and must be submitted in writing.
(h)
The department heads and town council will continue to monitor nonsmoking situations in the town buildings and make additional recommendations as appropriate to promote and protect the health of the town employees.
(i)
The town nonsmoking policy and a copy of the state law relating to the "Rhode Island Workplace Smoking Pollution Control Act" shall be distributed to all town employees.
(j)
This policy shall take effect upon its passage.
Comment Text (parent not a footnote)(Ord. of 10-9-86, §§ 1—10)
Editor's note— An ordinance adopted October 9, 1986 did not specifically amend the Code. Therefore, inclusion of §§ 1—10 as § 2-2 was at the discretion of the editor.
Secs. 2-3—2-25. - Reserved.#
ARTICLE II. - TOWN COUNCIL#
FOOTNOTE(S):
--- (2) --- refcharter or refcross or refstatelaw State Law reference— Town councils, G.L. 1956, § 45-5-1 et seq.
Sec. 2-26. - Designation of council as statutory body.#
(a)
Whenever any public law, general law or regulation of the state shall require action by or confer jurisdiction upon a "board of police commissioners," "police commission," "bureau of licenses", "license board", or similarly named body, the town council hereby designates and constitutes itself as such body.
(b)
In any proceeding before the town council in any of its aforesaid capacities, it shall not be necessary for it to specifically convene in any of such capacities, as convening as a town council shall be deemed to include convening as the appropriate board or bureau, etc.
Comment Text (parent not a footnote)(Ord. of 2-12-81)
Sec. 2-27. - Rules of conduct for council meetings.#
(a)
The order of procedures herein contained shall govern deliberations and the conduct of meetings of the town council.
(b)
The regular meeting of the town council shall be conducted on the second Thursday of each month. The fourth Thursday of each month shall serve as a council work session when so designated by the town council president. Unless otherwise designated all meetings of the council shall begin at 7:30 p.m.
(1)
The council will hold regular "work sessions" for the purpose of developing policy, gaining information; and/or recommendations from staff, committees or commissions; addressing citizens' concerns or suggestions brought to their attention through correspondence, meetings or comments to councilors; and regular review of financial status.
(2)
Work sessions will be less formal than regular meetings; however, the public should understand that work sessions are primarily for the purpose of information gathering by the council and public comment will be allowed as long as it does not interfere or untimely delay council business.
(3)
No action will be taken on items brought before the council for "work sessions" consideration other than action to place an item on a future agenda for action or to direct further study as the council may consider necessary.
(c)
Special meetings may be called at any time by the president of the council or by four (4) or more members, subject to availability of a quorum and with notice to each member at least forty-eight (48) hours in advance (except in the case of an emergency).
(d)
At all meetings of the council, a majority of its members shall constitute a quorum for the transaction of business. Votes made by a quorum at any meeting shall be recorded by the clerk or clerk pro tempore, by name and vote of council members. No action of the town council, shall be valid or binding unless adopted by the affirmative vote of the majority of council members in attendance.
(e)
All meetings of the council shall be presided over by the council president, or in his or her absence, by the council vice-president; in the absence of both, a president pro tempore may be appointed by the council president from among the remaining members.
(f)
The town clerk shall serve as the clerk of the town council, or his or her absence, the deputy clerk. In the absence of both, the council shall appoint a clerk pro tempore for the official recording of council business at all meetings of the council.
(g)
The order of business for all regular council meetings and for those special meetings open to the public, shall be as follows:
(1)
Call to order by the presiding officer;
(2)
Roll call recorded;
(3)
Reading and approving of minutes of previous meetings (or resolution to dispense with such and approve as submitted by the town clerk);
(4)
Consent agenda (Note: all items with an (*) are considered to be routine by the town council and will be enacted by one motion. There will be no separate discussions of these items; however, upon request of a council member an item will be removed from the consent agenda and considered in its normal sequence on the agenda. No item delaying with appointments, expenditure or receipt of funds shall be part of the consent agenda.);
(5)
Public hearings;
(6)
Old business;
(7)
New business;
(8)
Correspondence;
(9)
Council remarks;
(10)
Public comment;
(11)
Bills;
(12)
Adjournment.
(Public hearings shall be held in the sequence in which they appear on the agenda).
(h)
No person, not a member of the council, shall be allowed to address the same while in session without permission of the presiding officer. Public comment on any matter shall generally be limited in the discretion of the presiding officer to the comment period (set forth below) reserved for interested citizens.
(1)
A period for "public comment" shall be reserved prior to adjournment at which time the public may bring issues to the council's attention which are not on the evening's agenda and may request that the council consider the issue at a future meeting or work session. Presentation should be limited to a reasonable time.
(2)
The council reserves the right to limit the total time devoted to any issue; and will, by vote of the council, agree to continue a discussion to a "time specific" in order to give everyone a reasonable time to be heard.
(i)
Motions made at any session shall be reduced to writing if so requested by any other council member. Resolutions shall be reduced to writing in all cases and entered into the official minutes of the meetings kept by the clerk of the council.
(j)
Motions to reconsider any matter previously resolved by vote shall be entertained only from a council member who voted with the majority at the time of the initial decision at the next scheduled council meeting.
(k)
The clerk shall keep a correct record of all proceedings of regular and work session meetings, in accordance with section 42-46-7(b) and (c) of the General Laws.
(l)
All questions of order shall be decided by the presiding officer, with the right of appeal to the council as a body for vote upon the issue by any member.
(m)
The presiding officer may, at his or her discretion, call upon any member to take the chair temporarily for the purpose of allowing such former presiding officer to address the council and make a motion on any issue.
(n)
The period reserved on the agenda for council remarks shall be for the purpose of allowing council members to request that an item be added to a future agenda, offering general comment on a matter or sharing information which may not have been brought to the attention of the council. Matters previously discussed during the meeting shall not be brought up during council remarks and debate shall not take place.
(o)
All meetings of the council, except those exempted by the open meetings law, shall be conducted publicly, and no ordinance, resolution, rule, regulation, order or directive shall be adopted at the same session that it is introduced unless the council finds, by a two-thirds (2/3) vote, that public health and safety is in imminent danger. A special meeting held under the provisions of subsection (c) of this section, and for the purpose clearly stated of conducting official business, shall be considered a regular meeting under this section.
(p)
The rules and procedures of this resolution may be altered, amended or temporarily suspended by the affirmative vote of two-thirds (2/3) of the majority present.
(q)
The council, through its president, shall be authorized to request the presence of any town official at any and all regular meetings of the council; such officials shall honor such requests in all cases, or show cause why they should not be required to do so. The following town officials, or their designee should be in attendance: town solicitor, tax assessor, town treasurer, chief of police, zoning board member, planning board member, building official, director of public works, town clerk.
(r)
The town clerk shall forward the council meeting agenda and packets to all council members and town solicitor each Friday preceding a regular council meeting for review. The police will act as courier for the delivery of such packets.
(s)
The agenda of all council meetings shall be set by the town clerk and council president. The agenda will be considered closed at the end of town hall workday on the eighth (8th) day preceding the scheduled meeting (except in the case of "special" meetings or work sessions as may be necessary). Agendas will be posted at the following locations: Town Hall, Police Department, N. Scituate Library, Hope Library, Clayville Post Office, N. Scituate Post Office and the Hope Post Office.
A council member may move to add an item to the current agenda for council consideration. Such motion shall be voted upon by roll call of the council. A council member may request that an item be placed on a future council agenda by notifying the town clerk. Any citizen may request that a subject be brought to a council agenda by contacting the town clerk.
(t)
It shall be the duty of the presiding officer at any council meeting to:
(1)
Call the meeting to order;
(2)
Keep the meeting to its order of business;
(3)
Restate each motion made and require a second to that motion before allowing discussion;
(4)
Control discussion to assure order by:
a.
Enforcing the provisions of this section;
b.
Allowing all council members wishing to speak the opportunity to do so, one at a time;
c.
Giving pro and con speakers alternating opportunities to speak;
d.
Controlling public participation in accordance with subsection (h) hereof;
e.
Closing the discussion and putting the issue to a vote when it is clear the matter has been adequately addressed by all council members;
f.
Permitting audience participation when appropriate;
g.
Keeping discussions to the question or issue only;
h.
Suggesting, but not making, motions for recess or adjournment.
(u)
The council president shall serve as an ex-officio member of all council committees.
Comment Text (parent not a footnote)(Res. of 2-13-97, §§ 1—21)
Secs. 2-28—2-45. - Reserved.#
ARTICLE III. - OFFICERS AND EMPLOYEES#
FOOTNOTE(S):
--- (3) --- refcharter or refcross or refstatelaw State Law reference— Election and qualification of officers, G.L. 1956, § 45-4-1 et seq.
DIVISION 1. - GENERALLY#
Sec. 2-46. - Residence in town required.#
(a)
All employees of the town, other than employees of the school department, law enforcement officers of the police department and except as otherwise provided herein, shall reside in the town.
(b)
All employees of the police department as of the date of enactment of this section shall be exempt from its provisions.
(c)
In the event the town council determines that to obtain an employee with the required skills for a particular job it is necessary to hire a nonresident, the town council may by majority vote do so.
(d)
The town council may grant an exemption to this section to any town employee who has worked for the town for a period of at lest ten consecutive years and who has moved out of town for good cause.
Comment Text (parent not a footnote)(Ord. of 8-8-96(1))
State law reference— Comment Text (parent not a footnote)Residency of police officers and firefighters, G.L. 1956, § 45-2-15.
Sec. 2-47. - Policy on town vehicles.#
The following guidelines shall apply to the use of town vehicles assigned to specific personnel on a "take-home" basis: (1)
Town vehicles shall be used only for town business. They shall not be used for personal convenience or personal business. If you are called out in the evening or on a weekend, you should use your assigned vehicle. Employees who are not assigned a town vehicle shall be compensated at the rate of thirty cents ($0.30) per mile when they are required to use their private vehicle for town business, unless a flat rate of compensation has been negotiated prior to the adoption of this policy. Department heads will develop appropriate forms for reporting such business use.
(2)
Fuel is available for town assigned vehicles at the police station or public work's complex.
(3)
Maintenance and repair of town vehicles will be the responsibility of the public work's department.
(4)
In return for the privilege of using the vehicles for transportation to and from work, it will be your responsibility to keep the interior and exterior of the vehicle clean and washed.
(5)
Optional equipment requires prior approval by the appropriate department head. If approved, you may, at your option and personal expense, add accessories to the vehicle (radio, tape player, etc.). Once added, however, they will become the property of the town unless they can be removed from the vehicle at the time of disposal without causing a reduction in the disposal or resale value of the vehicle. Should one of these items be stolen, the town will not reimburse you or replace the item.
(6)
If you are to be away from the office for more than three (3) days for personal reasons, vacation, prolonged sickness, etc., your keys should be left with the department so the vehicle can be assigned if needed to another employee.
(7)
Do not take the vehicle out of town for more than one (1) night without first receiving proper authorization from the town council.
Comment Text (parent not a footnote)(Ord. of 7-11-96)
Secs. 2-47—2-65. - Reserved.#
DIVISION 2. - INDEMNIFICATION#
Sec. 2-66. - Authority.#
This division is enacted pursuant to General Laws section 45-15-16.
Comment Text (parent not a footnote)(Ord. of 2-12-87, § 1)
Sec. 2-67. - Definition.#
For purposes of this division, the words "employees and officials" shall not include employees of the town whose terms and conditions of employment are the subject of a collective bargaining agreement; otherwise, "employees and officials" shall include for coverage under this division any and all public employees, officials, members of boards, agencies and commissions and also to town council members, and school committee members. Indemnification shall be provided hereunder whether or not such employees, officials or members are paid.
Comment Text (parent not a footnote)(Ord. of 2-12-87, § 3)
Sec. 2-68. - Generally.#
Except to the extent that an employee is covered by either his own insurance or by insurance purchased by the town, the town shall defend and indemnify any and all public employees and officials from all reasonable loss, cost, expense and damage, including legal fees and court costs, if any, not to exceed the sum of one hundred thousand dollars ($100,000.00), exclusive of legal fees and court costs, for any one (1) employee or official arising out of any claim, action, compromise, settlement or judgment by reason or any intentional tort or by reason of any alleged error or misstatement or act or omission, or neglect or violation of the rights of any person under any federal or state law, including misfeasance, malfeasance or nonfeasance or any act, omission or neglect contrary to any federal or state law which imposes personal liability on any such employee or official, if such employee or official, at the time of such intentional tort or act, omission or neglect, was acting within the scope of his official duties or employment. The town council may decline to indemnify any such employee or official for any misstatement, error, act, omission or neglect if the same resulted from wilful, wanton or malicious conduct on the part of such employee or official.
Comment Text (parent not a footnote)(Ord. of 2-12-87, § 2)
Sec. 2-69. - Control of case.#
The town shall have the right to settle any claim or suit as the town council in its sole and absolute discretion deems appropriate. The town shall have the right to assert, or not to assert any defense, as it deems advisable. Payment by the town of the liability limit set forth in this division ends its duty to defend or settle.
Comment Text (parent not a footnote)(Ord. of 2-12-87, § 4)
Sec. 2-70. - Duties of employees and officials.#
Employees or officials who claim coverage under this division have the duty: (1)
To promptly notify the town council of any accident or claim.
(2)
To cooperate with the town council and its attorney in the investigation, settlement or defense of any claim or suit.
(3)
Immediately deliver to the town council or its attorney copies of any notices or legal papers received in connection with any claim or suit.
Failure to comply with any of these conditions shall be sufficient grounds for the town council to withdraw and terminate its obligations under this division.
Comment Text (parent not a footnote)(Ord. of 2-12-87, § 5)
Sec. 2-71. - Right to recover from others.#
If the town makes any payment pursuant to this division, it is entitled to recover what it paid from other parties. Any employee or official for whom the town makes payment must transfer to the town his right of recovery against any other party, and shall have been deemed to have done so by electing to be defended pursuant to the terms of this division. Such employee or official must do everything necessary to secure these rights and must do nothing that would jeopardize them.
Comment Text (parent not a footnote)(Ord. of 2-12-87, § 6)
Sec. 2-72. - Other insurance.#
Where an official or employee is covered by other insurance the liability of the town under this division shall be limited to the difference between the amount covered by the other insurance and the sum of one hundred thousand dollars ($100,000.00). This division shall not create any obligation on the part of the town to indemnify any insurer, guarantor, collective bargaining unit or its parent organization, or any other person who shall have paid or assumed the obligation to pay, indemnify or insure any employee or official for any claim of the type covered by this division.
Comment Text (parent not a footnote)(Ord. of 2-12-87, § 7)
Sec. 2-73. - No right to sue directly.#
This division shall not be deemed to create any right in any person having a claim against any employee or official to sue the town directly, nor shall any person obtaining a judgment against any employee or official have any right to sue the town directly to recover such judgment or any part thereof.
Comment Text (parent not a footnote)(Ord. of 2-12-87, § 8)
Sec. 2-74. - Legal counsel.#
The town solicitor shall act as counsel in the defense of all claims covered by this division at no cost to the employee or official. The town council, in its sole discretion, may decide in a particular case to engage the services of outside counsel at no cost to the employee or official. The town shall not be liable for the fees of counsel engaged by the employee or official nor shall the town be liable to indemnify the employee or official for any loss, cost, expense or damage where the official or employee declines the services of counsel provided by the town.
Comment Text (parent not a footnote)(Ord. of 2-12-87, § 9)
Sec. 2-75. - Indemnification fund, source of funds.#
The town council may establish a fund into which it may deposit monies appropriate from time to time to carry out the purposes of this division. The amounts in any such fund at the end of the fiscal year may be carried forward to subsequent fiscal years without any reappropriation unless the town council in a particular fiscal year affirmatively votes to do otherwise. Except to the extent paid from the indemnification fund, all amounts paid pursuant to this division on account of claims against school department officials or employees shall be paid from school department funds and all other claims shall be paid from the general funds of the town.
Comment Text (parent not a footnote)(Ord. of 2-12-87, § 10)
Sec. 2-76. - Right to indemnify other officials and employees.#
The town council reserves the right with respect to officials and employees who are not covered by this division to decide on a case-by-case basis whether or not, and to what extent and on what terms and conditions to cover them. Such decision shall be within the sole and absolute discretion of the town council. Furthermore, the town council may, in the exercise of its sole and absolute discretion, on a case-by-case basis decide whether or not to provide indemnity above the limit of one hundred thousand dollars ($100,000.00) established by section 2-68.
Comment Text (parent not a footnote)(Ord. of 2-12-87, § 11)
Secs. 2-77—2-90. - Reserved.#
DIVISION 3. - DIRECTOR OF PUBLIC WORKS#
FOOTNOTE(S):
--- (4) --- refcharter or refcross or refstatelaw Cross reference— Parks and recreation, Ch. 9; streets and sidewalks, Ch. 13.
Sec. 2-91. - Office created.#
There is hereby created the office of director of public works in and for the town.
Comment Text (parent not a footnote)(Ord. of 4-13-78(2), § 1)
Sec. 2-92. - Appointment, term.#
The director of public works shall serve at the pleasure of the town council and shall be appointed annually for a term of one (1) year. Such appointment shall be made in January of each year.
Comment Text (parent not a footnote)(Ord. of 4-13-78(2), § 3)
Sec. 2-93. - Duties.#
The duties of the director of public works shall be to: (1)
Supervise the highway department.
(2)
Be in charge of the care and maintenance of all town parks and recreational facilities.
(3)
Be in charge of the maintenance of all other town properties and buildings.
(4)
Perform all the duties of highway surveyor.
Comment Text (parent not a footnote)(Ord. of 4-13-78(2), § 2)
Secs. 2-94—2-110. - Reserved.#
ARTICLE IV. - DEPARTMENTS#
DIVISION 1. - GENERALLY#
Secs. 2-111—2-125. - Reserved.#
DIVISION 2. - HIGHWAY DEPARTMENT#
FOOTNOTE(S):
--- (5) --- refcharter or refcross or refstatelaw Cross reference— Streets and sidewalks, Ch. 13.
Sec. 2-126. - Authority.#
This division is enacted pursuant to Chapter 279 of Public Laws 1974.
Comment Text (parent not a footnote)(Ord. of 6-13-74, § 1)
Sec. 2-127. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Continuous employment shall mean full-time employment for a period of two (2) years with time out for vacations, holidays and normal sick leave.
Full-time employee shall mean an employee who regularly works at least a thirty-hour workweek.
Comment Text (parent not a footnote)(Ord. of 6-13-74, § 3)
Cross reference— Comment Text (parent not a footnote)Definitions and rules of construction generally, § 1-2.
Sec. 2-128. - Appointment as permanent employee; tenure.#
Full-time employees of the highway department who satisfactorily complete two (2) years of continuous employment shall be eligible, upon appointment by the town council, to become permanent employees of the highway department and shall thereafter hold a job in such department until vacated by death, disability, or retirement except as hereafter provided. All employees of the department who are not permanent employees shall serve at the pleasure of the town council.
Comment Text (parent not a footnote)(Ord. of 6-13-74, § 2)
Sec. 2-129. - Transitional provision.#
All full-time members of the highway department who have been employed for at least two (2) years immediately preceding June 13, 1974, shall immediately become permanent employees. Except as provided in this section no person shall become a permanent employee unless the town council shall appoint him as such.
Comment Text (parent not a footnote)(Ord. of 6-13-74, § 4)
Sec. 2-130. - Residence of employees.#
All employees of the highway department, whether permanent employees or not, shall, except as otherwise provided in this section, reside in the town. Any employee of the highway department who ceases to reside within the town shall be deemed by reason of such removal from the town to have resigned as an employee of the highway department, except that the town council may by special resolution continue his employment for such time as may be required to obtain a replacement.
Comment Text (parent not a footnote)(Ord. of 11-11-76(2), § 1)
Sec. 2-131. - Suspension.#
(a)
Generally. The town council or the president of the town council may, at any time, suspend any permanent employee of the highway department until the next regular meeting of the town council at which meeting the president shall report any and all suspensions, with the reasons therefor. The town council may continue such suspension until the next regular meeting following, at which meeting such employee shall either be reinstated or appropriate action shall be taken under subsections (b) and (c) of this section.
(b)
Grounds. Any permanent employee of the highway department shall be subject to suspension without pay for a period not to exceed thirty (30) days or discharge from employment by order of the town council at any regular meeting thereof for misconduct, mental or physical incapacity, neglect of duty, insubordination of such a character as the town council may deem a disqualification for employment, or other proper cause.
(c)
Procedure. No permanent employee of the highway department shall be suspended or discharged under subsection (b) of this section without being given, if he so requests in writing, a statement of charges and a hearing before the town council.
Comment Text (parent not a footnote)(Ord. of 6-13-74, §§ 5—7)
Sec. 2-132. - Appeal from discharge, suspension.#
Any permanent employee of the highway department aggrieved by an order of discharge or suspension by the town council may appeal therefrom to the county superior court within twenty (20) days next after such order by filing a complaint with the clerk of the superior court.
Comment Text (parent not a footnote)(Ord. of 6-13-74, § 8)
Sec. 2-133. - Scope of employment.#
Permanent employment shall be limited to permanent employment within the highway department only, and it shall not be construed as providing permanent employment in a particular job or grade, including the position of director of public works within the department.
Comment Text (parent not a footnote)(Ord. of 6-13-74, § 10)
Secs. 2-134—2-145. - Reserved.#
ARTICLE V. - CONTROLLED SUBSTANCE AND ALCOHOL TESTING POLICY FOR EMPLOYEES (CMV DRIVERS)#
Sec. 2-146. - Introduction.#
The following is the policy of the town, department of public works regarding testing for controlled substances and alcohol of those employees who operate certain commercial motor vehicles which require a commercial driver's license. A discussion of the physical effects of alcohol and certain controlled substances on the body is also included. The name and telephone number of the person who can answer any questions about this controlled substance and alcohol policy and assist you in any abuse situation appears on the last page of this policy.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-147. - Terms and abbreviations.#
(a)
Terms:
table NOT(\@selectout) do_table... BAT Breath alcohol technician
CDL Commercial driver's license
CFR Code of Federal Regulations
CMV Commercial motor vehicle
DHHS Department of health and
human services
DOT Department of transportation
EBT Evidential breath testing device
FHWA Federal Highway Administration
MRO Medical review officer
SAP Substance abuse professional
STT Screening test technician
(b)
Definitions:
Alcohol. The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohol, including methyl and isopropyl alcohol.
Alcohol concentration or content. The alcohol in a volume of breath expressed in terms of grams of alcohol per two hundred ten (210) liters of breath as indicated by an evidential breath test. For alcohol screening tests, certain approved nonevidential tests may be used.
Alcohol use. The consumption of any beverage, mixture or preparation, including any medication, containing alcohol.
Breath alcohol technician. An individual who instructs and assists individuals in the alcohol testing process and operates an evidential breath testing (EBT) device.
Confirmation test. For alcohol testing, a second test, following a screening test with a result of 0.02 or greater, that provides quantitative data of alcohol concentration. For controlled substances testing, a second analytical procedure to identify the presence of a specific drug or metabolite that is independent of the screening test and that uses a different technique and chemical principle from that of the screening test to ensure reliability and accuracy. Gas chromatography/mass spectrometry (GC/MS) is the only authorized confirmation method for cocaine, marijuana, opiates, amphetamines, and phencyclidine.
Controlled substance. Unless otherwise provided, this term refers to: (1)
Marijuana
(2)
Cocaine
(3)
Opiates
(4)
Phencyclidine (PCP)
(5)
Amphetamines, including methamphetamines
Disabling damage. Damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs. (1)
Inclusions: Damage to motor vehicles that could have been driven, but would have been further damaged if so driven.
(2)
Exclusions:
a.
Damage which can be remedied temporarily at the scene of the accident without special tools or parts;
b.
Tire disablement without other damage, even if no spare tire is available;
c.
Headlight or taillight damage;
d.
Damage to turn signals, horn or windshield wipers which may make them inoperable.
Driver. Any person who operates a commercial motor vehicle, including, but not limited to: (1)
Full time, regularly employed drivers;
(2)
Casual, intermittent or occasional drivers;
(3)
Leased drivers and independent, owner-operator contractors who are either directly employed by or under lease to an employer or operate a commercial motor vehicle at the direction of or with the consent of an employer.
Evidential breath testing device. An EBT approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and placed on NHTSA's "Conforming Products List of Evidential Breath Measurement Devices" (CPL), and identified in the CPL as conforming with the model specifications available from the NHTSA, office of alcohol and state programs.
Licensed medical practitioner. A person who is licensed, certified and/or registered, in accordance with applicable federal, state, local or foreign laws and regulations, to prescribe controlled substances and other drugs.
Medical review officer. A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer's controlled substances testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test results together with his or her medical history and any other relevant bio-medical information.
Screening test. (Also known as an initial test.) In alcohol testing, an analytic procedure to determine whether a driver may have a prohibited concentration of alcohol in a breath or other specimen. In controlled substances testing, an immunoassay screen to eliminate "negative" urine specimens from further analysis.
Substance abuse. Refers to patterns of controlled substance and/or alcohol abuse that results in health consequences and/or impairment in social, psychological and occupational functioning.
Substance abuse professional. A licensed physician (medical doctor or doctor of osteopathy), or licensed or certified psychologist, social worker, or employee assistance professional or an addition counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission or by the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse). All must have knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders.
Screening test technician. An individual who instructs and assists individuals in the alcohol screening testing process and operates a nonevidential alcohol screening device.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-148. - Drivers subject to controlled substances and alcohol testing.#
(a)
As mandated by the Omnibus Transportation Employee Testing Act of 1991, DOT/FHWA controlled substances and alcohol testing regulations apply to every person who operates a commercial motor vehicle in commerce in any state, and is subject to the commercial driver's license requirements of 49 C.F.R. Part 383, the Licencia Federal de Conductor (Mexico) requirements, or the CDL requirements of the Canadian National Safety Code, collectively referred to as "CDL".
(b)
The drivers tested under this policy are those required to have a commercial driver's license (CDL), as outlined above, and operate a commercial motor vehicle which is a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
(1)
Has a gross combination weight rating of twenty-six thousand one (26,001) or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand (10,000) pounds;
(2)
Has a gross vehicle weight rating of twenty-six thousand one (26,001) or more pounds;
(3)
Is designed to transport sixteen (16) or more passengers, including the driver; or
(4)
Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the hazardous materials regulations, 49 C.F.R. Part 172, Subpart F.
(c)
There are three (3) exceptions to the testing requirements. Part 382 does not apply to employers and their drivers:
(1)
Required to comply with the alcohol and/or controlled substances testing requirements of Parts 653 and 654 of Title 49 of the C.F.R. (Federal Transit Administration alcohol and controlled substances testing regulations); or
(2)
Who a state must waive from the requirements of 49 C.F.R. Part 383, including active duty military personnel; members of the reserves, members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training and national guard military technicians (civilians who are required to wear military uniforms), and active duty U.S. Coast Guard personnel; or
(3)
Who have been granted an optional waiver from the requirements of 49 C.F.R. Part 383 by the state.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. 1-8-98)
Sec. 2-149. - Safety sensitive functions.#
A safety sensitive function means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Performing a safety-sensitive function means a driver is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety-sensitive function. A safety-sensitive function includes all time by a driver spent: (1)
At an employer or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty from the employer;
(2)
Inspecting service brakes, including trailer brake connections, parking (hand) brakes, steering mechanism, lighting devices and reflectors, tires, horn, windshield wiper(s), rear vision mirrors, coupling devices, fire extinguisher, spare fuses, warning devices for stopped vehicles, flare producing devices, emergency reflective triangles, red emergency reflectors, fuses or liquid burning flares, or red flags;
(3)
Inspecting, servicing, or conditioning any CMV at any time;
(4)
At the driving controls of a CMV in operation;
(5)
Other than driving time, in or upon any CMV except time spent resting in a sleeper berth conforming to the requirements of 49 C.F.R. 393.76;
(6)
Loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
(7)
Repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-150. - Prohibited conduct by drivers.#
(a)
Controlled substances prohibitions:
(1)
No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a licensed medical practitioner, as defined in this policy, who has advised the driver that the substance will not adversely affect the driver's ability to safely operate a CMV.
(2)
No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive for controlled substances.
The town, department of public works requires a driver to inform the town, department of public works of any therapeutic drug use.
(b)
Alcohol prohibitions:
(1)
No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater.
(2)
No driver shall use alcohol while performing safety-sensitive functions.
(3)
No driver shall perform safety-sensitive functions within four (4) hours of using alcohol.
(4)
No driver required to take a post-accident alcohol test under 49 C.F.R. 382.3039 shall use alcohol for eight (8) hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.
(c)
General prohibitions: No driver shall refuse to submit to a post-accident alcohol or controlled substance test required under 49 C.F.R. 382.303, a random alcohol or controlled substances test under 49 C.F.R. 382.305, a reasonable suspicion alcohol or controlled substances test required under 49 C.F.R. 382.307, or a follow-up alcohol or controlled substances test required under 49 C.F.R. 382.311.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-151. - When a driver can be tested.#
There are five (5) situations when controlled substances and/or alcohol testing must be done under DOT/FHWA regulations, 49 C.F.R. Part 382. Drivers are required by federal law to submit to alcohol and controlled substances testing as described in this policy. (1)
Pre-employment testing.
a.
Prior to the first time a driver performs safety-sensitive functions for the town, department of public works, the driver will undergo testing for controlled substances.
b.
No driver will be hired or allowed to perform a safety-sensitive function for the town, department of public works until the driver has received a controlled substances test result from the MRO indicating a verified negative test result.
c.
Such testing is not performed if the driver meets the exceptions of 49 C.F.R. 382.301(c), which states that an employer is not required to administer controlled substances test required by 382.301(a) if (1) the driver has participated in a controlled substances testing program that meets the requirements of 49 C.F.R. Part 382 within the previous thirty (30) days; and (2) while participating in that program, either: (i) was tested for controlled substances with the past six (6) months (from the date of application with the employer) or (ii) participated in a random controlled substances testing program for the previous twelve (12) months (from the date of application with the employer); and (3) the employer ensures that no prior employer of the driver of whom the employer has knowledge has records of a violation of 49 C.F.R. Part 32 or the controlled substance use rule of another DOT agency within the previous six (6) months.
(2)
Post accident testing.
a.
As soon as practicable following an accident involving a CMV operating on a public road in commerce, the town, department of public works will test for alcohol and controlled substances each surviving driver:
1.
Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
2.
Who receives a citation under state or local law for a moving traffic violation arising from the accident, if the accident involved:
i.
Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
ii.
One (1) or more motor vehicles incurring disabling damage as a result of the accident requiring the motor vehicle to be transported away from the scene by tow truck or other motor vehicle.
b.
This section does not apply to: (a) an occurrence involving only boarding or alighting (dismounting) from a stationary motor vehicle; or (b) an occurrence involving only the loading or unloading of cargo; or (c) an occurrence in the course of the operation of a passenger car or multi-passenger vehicle (as defined in 49 C.F.R. 571.3) by an employer unless the motor vehicle is transporting passengers to for hire or hazardous materials of a type and quality that require the motor vehicle to be marked or placarded in accordance with 49 C.F.R. 177.823.
c.
Alcohol tests will be administered within eight (8) hours of the accident, and controlled substances tests will be administered within thirty-two (32) hours after the accident.
d.
A driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the town, department of public works to have refused to submit to testing.
e.
Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.
f.
The results of a breath or blood test for the use of alcohol, conducted by Federal, state, or local officials having independent authority for the test, shall be considered to meet the requirements of this section, provided such tests conform to the applicable Federal, state, or local alcohol testing requirements, and that the results of the tests are obtained by the town, department of public works. The results of a urine test for the use of controlled substances, conducted by Federal, state, or local officials having independent authority for the test, shall be considered to meet the requirements of this section, provided such tests conform to the applicable Federal, state, or local controlled substances testing requirements, and that the results of the tests are obtained by the town, department of public works.
(3)
Random testing:
a.
Unannounced random testing will be conducted at certain rates for both alcohol and controlled substances, and will be spread throughout the calendar year.
b.
Each driver will have an equal chance of being tested each time selections for random testing are made.
c.
Random alcohol testing will be performed while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions.
d.
Random controlled substances testing will be conducted at any time the driver is working for the town, department of public works.
e.
Each driver who is notified of selection for random alcohol and/or controlled substance testing shall proceed immediately to the test site; provided, however, that if the driver is performing a safety-sensitive function other than driving a commercial motor vehicle, at the time of notification, the town, department of public works will instead ensure that the driver ceases to perform the safety-sensitive function and proceed to the testing site as soon as possible.
(4)
Reasonable suspicion testing:
a.
The required observations for reasonable suspicion testing for controlled substances and/or alcohol must be made by a town, department of public works supervisor or official who is trained in accordance with 49 C.F.R. 382.603.
b.
The person who makes the determination that reasonable suspicion exists to conduct an alcohol test cannot conduct the alcohol test of the driver.
c.
A driver must submit to a controlled substances test when the town, department of public works has reasonable suspicion to believe that the driver has violated the alcohol prohibitions listed in this policy.
d.
A driver must submit to a controlled substances test when the town, department of public works has reasonable suspicion to believe that the driver has violated the controlled substances prohibitions listed in this policy.
e.
The town, department of public works determination that reasonable suspicion exists to require the driver to undergo an alcohol and/or controlled substances test must be based on specific, contemporaneous, articulable observations concerning the appearance, speech or body odors of the driver. Observations for a controlled substances test may include indications of the chronic and withdrawal effects of controlled substances.
f.
Reasonable suspicion alcohol testing may only be performed if the required observations are made during, just preceding, or just after the period of the work day that the driver is required to be in compliance with this policy.
g.
Drivers may be directed by the town, department of public works to undergo reasonable suspicion testing while the driver is performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing such functions.
h.
Reasonable suspicion alcohol tests will be performed within eight (8) hours of the determination that such testing is required.
i.
Notwithstanding the absence of a reasonable suspicion alcohol test, no driver shall report for or remain on duty requiring the performance of safety-sensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse, until:
1.
An alcohol test is administered and the driver's alcohol concentration measures less than 0.02; or
2.
Twenty-four (24) hours have elapsed following the determination under this section that there has been reasonable suspicion to believe that the driver has violated the prohibitions listed in this policy concerning the use of alcohol.
(5)
Return to duty and follow-up testing.
a.
Before a driver returns to duty requiring the performance of a safety-sensitive function after engaging the alcohol prohibitions listed in this policy, the driver shall undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02.
b.
Before a driver returns to duty requiring the performance of a safety-sensitive function after engaging the controlled substances prohibitions listed in this policy, the driver shall undergo a return-to-duty controlled substances with a result indicating a verified negative result for controlled substance use.
c.
Following a determination under the procedure outlined in 49 C.F.R. 382.605(b) that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the driver will be subject to unannounced follow-up alcohol and/or controlled substances testing as directed by a substance abuse professional in accordance with 49 C.F.R. 382.605(c)(2)(ii).
d.
Follow-up alcohol testing will be conducted only when the driver is performing safety-sensitive functions, just before performing safety-sensitive functions, or just after the driver has ceased performing safety-sensitive functions.
e.
A driver identified as needed assistance in resolving problems associated with alcohol misuses or controlled substances use will (1) be evaluated by a substance abuse professional to determine that the driver has properly followed any rehabilitation program prescribed under 49 C.F.R. 382.605(b), and (2) be subject to unannounced follow-up alcohol and controlled substances tests administered by the employer following the driver's return to duty. The number and frequency of such follow-up tests will be as directed by the SAP, and will consist of at least six (6) tests in the first twelve (12) months following the driver's return to duty. Follow-up testing will not exceed sixty (60) months form the date of the driver's return to duty. The SAP may terminate the requirement for follow-up testing at any time after the first six (6) tests have been administered, if the SAP determines that such testing is no longer necessary.
f.
Drivers may be directed by the town, department of public works to undergo return-to-duty and follow-up testing for both alcohol and controlled substances, if the SAP determines that return-to-duty and follow-up testing for both alcohol and controlled substances are necessary for that particular driver.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-152. - Refusal to submit to testing.#
(a)
Refusal to submit to an alcohol or controlled substances test means that a driver:
(1)
Fails to provide adequate breath for alcohol testing as required by 49 C.F.R. Part 40 without a valid medical explanation after he or she has received notice of the requirement for breath testing in accordance with the provisions of 49 C.F.R. Part 382;
(2)
Fails to provide an adequate urine sample for controlled substances testing as required by 49 C.F.R. Part 40 without a genuine inability to provide a specimen (as determined by a medical evaluation) after he or she has received notice of the requirement for urine testing in accordance with the provisions of 49 C.F.R. Part 382; or
(3)
Engages in conduct that clearly obstructs the testing process.
(b)
The testing required by this policy is mandated by department of transportation/Federal Highway Administration regulations pursuant to the Omnibus Transportation Employee Testing Act of 1991, and is not optional for employers and drivers unless indicated. A driver's refusal to submit to testing is discussed above in the section on prohibited conduct by drivers. In short, a driver who refuses to be tested cannot perform a safety-sensitive function. An applicant for a driver position cannot be hired for that position if he or she refuses to submit to the required testing.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-153. - Testing procedure.#
The town, department of public work's testing will be conducted pursuant to applicable federal laws and regulations, including but not limited to, 49 C.F.R. Parts 40 and 382. Portions of the actual procedures for both controlled substances and alcohol testing are highlighted below.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-154. - Controlled substance testing procedure.#
The procedures used to test for the presence of controlled substances are designed to protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver. The DOT regulations specifically set forth how this is accomplished. The exact procedures are set forth in 49 C.F.R. Parts 40 and 382. The town, department of public works' third party administrator for controlled substances and alcohol testing, occupational health and rehabilitation, will also comply with these federally mandated requirements. Employees should, however, be aware of the following: (1)
Testing will be done by urine sample.
(2)
With certain exceptions, collection of samples will be done in private.
(3)
Certain precautions will be taken to ensure the integrity and identity of the specimen. See 49 C.F.R. 40.25(f), (g), (h).
(4)
A MRO will review confirmed positive results.
(5)
After a confirmed positive test result, the MRO will contact the employee to inform the employee that he or she has seventy-two (72) hours to request reanalysis of the original specimen or analysis of the split specimen, depending on the method of collection used.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-155. - Alcohol testing procedures.#
The procedures used to test for the presence of alcohol are designed to protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver. The DOT regulations specifically set forth how this is accomplished. The exact procedures are set forth in 49 C.F.R. Parts 40 and 382. The town, department of public works' third party test administrator for controlled substances and alcohol testing, Occupational Health and Rehabilitation, will also comply with these federally mandated requirements. Employees should, however, be aware of the following: (1)
With certain exceptions, alcohol tests will be conducted in private.
(2)
The employee being tested is required to provide the BAT with positive identification.
(3)
Upon request by the employee, the BAT will provide positive identification to the employee.
(4)
The BAT will explain the testing procedure to the employee.
(5)
Screening tests will follow the procedures set forth in 49 C.F.R. 40.63, and confirmation tests will follow the procedures set forth in 49 C.F.R. 40.65.
(6)
If the result of the screening test is an alcohol concentration of 0.02 or greater, a confirmation test will be conducted.
(7)
If the confirmation test is to be conducted at a different site from the screening test, the employee cannot drive, perform safety-sensitive duties, or operate heavy equipment.
(8)
If the result of the screening test is an alcohol concentration of less than 0.02, no further testing is required, and the result will be transmitted to the town, department of public works.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-156. - Consequences of violating the controlled substances and alcohol prohibitions.#
(a)
Except as otherwise provided in this policy, no driver shall perform safety-sensitive functions, including driving a CMV, if the driver has engaged in the conduct prohibited by this policy in the section entitled "PROHIBITED CONDUCT" (section 2-150) or an alcohol or controlled substances rule of another United States Department of Transportation agency. For the purposes of this section, "CMV" means a CMV in commerce as identified in this policy and a CMV in interstate commerce as defined in 49 C.F.R., Part 390. No driver who has engaged in the conduct prohibited by this policy in the section entitled "PROHIBITED CONDUCT" (section 2-150) shall perform safety-sensitive functions, including driving a CMV, unless the driver has met the requirements for referral, evaluation and treatment listed in this policy.
(b)
No driver tested under the alcohol testing requirements of the DOT/FHWA listed in this policy who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions for the town, department of public works, including driving a CMV, until the start of the driver's next regularly scheduled duty period, but not less than twenty-four (24) hours following the administration of the test.
(c)
Drivers who have engaged in conduct prohibited by this policy in the section entitled "PROHIBITED CONDUCT" (section 2-150) will be advised by the town, department of public works of the resources available to the driver in evaluating and resolving problems associated with the misuse of alcohol and use of controlled substances, including the names addresses and telephone numbers of substance abuse professionals and counseling and treatment programs. Some of this information is listed in this policy under the heading "AVAILABLE ASSISTANCE" (section 2-157).
(d)
Drivers who have engaged in conduct prohibited by this policy in the section entitled "PROHIBITED CONDUCT" (section 2-150) will be evaluated by a SAP who will determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and controlled substance use.
(e)
In the event that a driver is returned to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited by this policy in the section entitled "PROHIBITED CONDUCT," (section 2-150) the driver shall undergo a return-to-duty alcohol testing with a result indicating an alcohol concentration of less than 0.02 if the conduct involved alcohol, or a controlled substances test with a verified negative result if the conduct involved a controlled substance.
(f)
The requirements of this policy with respect to referral, evaluation and rehabilitation do not apply to applicants who refuse to submit to a pre-employment controlled substances test or who have a pre-employment controlled substances test with a verified positive result.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-157. - Available assistance.#
(a)
The DOT/FHWA regulations require the town, department of public works to provide employees who have violated the prohibitions in listed in the section entitled "PROHIBITED CONDUCT" (section 2-150) with evaluation by a substance abuse professional.
(b)
If an employee would like further information or assistance on alcohol or controlled substance issues, the employee may do so on a confidential basis through the town, department of public works' employee assistance program (EAP).
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-158. - Effects of controlled substances and alcohol on health, work and personal life.#
The hazards of use of illegal controlled substances and misuse of alcohol extend far beyond the individual user. Impaired employees endanger themselves, are more likely to injure fellow workers and other users of our highways. Employees with controlled substances or alcohol in their systems are less productive and more likely to injure themselves or other persons in an accident. Such abusing employees increase the costs related lost productivity, absenteeism, accidents, theft, and treatment and deterrence programs. Also, medical costs are high and are passed on to the employee. Alcohol remains the number one abused substance in this country. Alcohol consumption causes a number of changes in behavior. Even low doses can impair the judgment and coordination required for driving. Low to moderate doses increase the incidents of a variety of aggressive acts. Moderate to high doses caused marked impairments in heightened mental functions, severely altering a person's ability to learn and remember information. Very high doses of alcohol will cause respiratory depression and death. If combined with other depressant drugs, much lower doses of alcohol will produce the effects just described. Long-term consumption of large quantities of alcohol can lead to permanent damage to vital organs such as the brain and the liver.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-159. - Signs and symptoms of a controlled substance or alcohol problem.#
(a)
Alcohol, a nervous system depressant, is the most widely abused substance. About half of all auto accident fatalities in this country are related to alcohol use. A twelve-ounce can of beer, a 5-ounce glass of wine and a one and one-half-ounce shot of hard liquor all contain the same amount of alcohol. Each one-half-ounce of alcohol takes the average body about on hour to and eliminate. Coffee, cold showers and exercise do not hasten sobriety.
(b)
Alcohol first acts on those parts of the brain that affect self-control and other learned behaviors. Low self-control often leads to the aggressive behavior associated with some people who drink. In large doses, alcohol can dull sensation and impair muscular coordination, memory, and judgment. Taken in larger quantities over a long period of time, alcohol can damage the liver and heart and can cause permanent brain damage. On the average, heavy drinkers shorten their life spans by about ten (10) years.
(c)
Controlled substances can show their effects in many different ways. Some of the most noticeable signs of controlled substance use are drowsiness, respiratory depression, constricted pupils, nausea, slurred speech, excitement, loss of appetite, poor perception of time and distance, related inhibitions, disoriented behavior, watery eyes, runny nose, chills and sweats, convulsions, apathy, depression and the use of drug paraphernalia.
(d)
Some of the signs and symptoms of alcohol use are the odor of alcohol, slurred speech, staggering, tremors, vomiting, cramps, delirium, loss of appetite, using arms for balance, leaning against walls and doorways, swaying while maintaining balance, and confusion.
(e)
Multiple substance abuse is abuse of more than one (1) controlled substance, either at the same time or over a period of time and it may involve any combination of:
(1)
Alcohol.
(2)
Prescription drugs.
(3)
Over-the-counter drugs.
(4)
Illegal drugs.
Multiple substance abuse is especially dangerous because different substances interact with each other to produce unexpected effects and danger.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-160. - Methods of intervention for suspect controlled substance or alcohol problems.#
(a)
Substance and alcohol abuse is a complex problem calling for specialized supervision and care. Don't help or aid a person who you think has an alcohol or substance abuse problem. Don't make excuses for them, don't do their work for them, don't look the other way. The problem is not going to go away. Don't enable the person to continue the controlled substance or alcohol abuse. If an employee thinks a co-worker has a controlled substance or alcohol problem, referral to management is one option to attempt to resolve the problem.
(b)
Leave the treatment and counseling of a person with an abuse problem to the professionals. The DOT regulations require that the person with a problem be evaluated by a professional such as a physician, psychologist, or other person with knowledge of abuse and clinical experience in the diagnosis and treatment of controlled substance and alcohol related disorders.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-161. - Discipline.#
(a)
The town, department of public works has adopted additional employee policies with respect to the use or possession of alcohol or controlled substances, including consequences for a driver found to have a specified alcohol or controlled substance level, based upon the employer's authority independent of the DOT/FHWA Federal Regulations.
(b)
The town, department of public works adopts the following discipline policy which is to be appended and implemented in conjunction with the town substance and alcohol testing policy reviewed by the town council on January 11, 1996.
(c)
In addition to all of the consequences set forth in such policy, such consequences being incorporated herein by reference, any employee found to have violated the policy shall be disciplined as follows:
(1)
First offense: Suspension from job without pay for up to fourteen (14) days and a letter of reprimand in personnel file at the discretion of the director of public works.
(2)
Second offense: Suspension from job without pay for at least fourteen (14) days up to and including termination and a letter of reprimand in the personnel file at the discretion of the director of public works.
(3)
Third offense: Termination.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-162. - Sources of assistance and help.#
(a)
Listed below are sources of help and information:
National Clearinghouse for Drug and Alcohol Information
Monday—Friday
1-800-729-6686 The National Federation of Parents for Drug-Free Youth
Monday—Friday
1-900-554-Kids National Council on Alcoholism
7 days a week, 24 hours a day
1-800-622-2255 Parents' Resource Institute for Drug Education (PRIDE)
Monday—Friday
1-800-241-9746 Cocaine Helpline
Monday—Friday
Saturday and Sunday, 12:00 p.m.—3:00 a.m.
(b)
For information on where to find treatment for controlled substance and alcohol problems, the best place to look in the yellow pages is under "drug abuse and addiction" or "alcoholism information." Usually there is a listing of the nearest council on alcoholism (or council on drug and alcohol abuse). These councils provide information over the phone on the availability of the nearest alcohol treatment programs. Alcoholics anonymous (AA) or narcotics anonymous (NA) may also be listed. Both offer immeasurable help in enabling people to cope with problems with alcohol and other controlled substances.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Sec. 2-163. - Person identified to answer questions.#
As part of the town, department of public works' policy to ensure fair and equal treatment of drivers, the town, department of public works understands that there may be questions and concerns involving the controlled substances and alcohol testing policy. To assist drivers in understanding the requirements placed on drivers and the town, department of public works, the risk and claims control manager at the Rhode Island Interlocal Risk Management Trust (401-438-6511) and the director of public works and services in the town (401-647-3366) have been designated to answer any questions that may arise concerning the controlled substances and alcohol testing policy.
Comment Text (parent not a footnote)(Ord. of 2-8-96; Ord. of 1-8-98)
Secs. 2-164—2-180. - Reserved.#
ARTICLE VI. - PURCHASING REGULATIONS#
Sec. 2-181. - Purchasing agent.#
David Dugdale shall act as purchasing agent for all except the school department under these regulations.
Comment Text (parent not a footnote)(Ord. of 1-14-93(1), art. I, § 1)
Sec. 2-182. - Small purchases.#
Procurements not exceeding an aggregate amount of ten thousand dollars ($10,000.00) for construction and five thousand dollars ($5,000.00) for all other purchases shall be made in accordance with the directives of the purchasing agent, as these may change from time to time. The stated purchase limits shall be increased or decreased annually hereafter at the same rate as the Boston Regional Consumer Price Index.
Comment Text (parent not a footnote)(Ord. of 1-14-93(1), art. II, § 1)
Sec. 2-183. - Competitive sealed bidding.#
(a)
All purchases of supplies or services not described in article II hereof, except for medical, dental and legal services, shall be awarded by competitive sealed bidding unless the purchasing agent determines in writing that this method is not practicable. The factors to be considered by the purchasing agent in determining whether competitive sealed bidding is practicable shall include whether specifications can be prepared that permit an award on the basis of either the lowest qualified bid price or the lowest qualified evaluated bid price, as well as the available sources, the time and place of performance and other relevant circumstances.
(b)
The invitation for bids shall state whether the award shall be made on the basis of the lowest qualified bid price or the lowest qualified evaluated or responsive bid price. If the latter basis is used, the objective measurable criteria to be utilized shall be set forth in the invitation for bids, if available.
(c)
Public notice of the invitations for bids shall include at a minimum that the notice be published in a newspaper of general circulation in the State of Rhode Island not less than seven (7) days nor more than twenty-one (21) days before the date set for the opening of bids. The purchasing agent may make a written determination that the twenty-one (21) day limitation needs to be waived. Such waiver shall state the reason why the twenty-one (21) day period is being waived and shall state the number of days, giving a minimum and maximum, before the date set for the opening of bids when public notice is to be given.
(d)
Bids shall be opened publicly in full view of the public at the time and place designated in the invitation for bids. Each bid, together with the name of the bidder, shall be recorded and an abstract made available for public inspection and retained in the bid file. The bid file shall contain all documents pertinent to the awarding of the bid and shall be open to public inspection after the awarding of the contract.
(e)
The contract shall be awarded with reasonable promptness by written notice to the responsive and responsible bidder whose bid is either the lowest qualified bid price or the lowest qualified evaluated or responsive bid price.
(f)
A bidder may submit an amended bid within the period of time for the submission of bids and may withdraw any bid prior to the opening of the same. Bids shall be submitted in a sealed envelope which is clearly marked as a bid with a reference to the contract being bid on.
(g)
Oral, telephonic, facsimile, telex or telegraphic bids are invalid and will not receive consideration.
Comment Text (parent not a footnote)(Ord. of 1-14-93(1), art. III, §§ 1—7)
Sec. 2-184. - Competitive negotiation.#
(a)
When the purchasing agent determines in writing that the use of competitive sealed bidding is not practicable, a contract may be awarded by competitive negotiation.
(b)
Public notice of the request for proposals for a contract to be awarded by competitive negotiation shall be given in the same manner as a contract to be awarded by competitive sealed bidding.
(c)
Contracts may be competitively negotiated when it is determined in writing by the purchasing agent that the bid prices received by competitive sealed bidding either are unreasonable as to all or a part of the requirements or were not independently reached in open competition. In such case, each such competitive bidder shall be notified of the intention to negotiate and be given reasonable opportunity to negotiate. In such a case, the negotiated price must be lower than the lowest rejected bid by any competitive bidder and the negotiated price must be the lowest negotiated price offered by a competitive offeror. The request for proposals must indicate the relative importance of price and other evaluation factors. An award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the town taking into consideration price and the evaluation factors set forth in the request for proposals. Written or oral discussion shall be conducted with all responsible offerors who submit proposals determined in writing to be reasonably susceptible of being selected for award. Discussions shall not disclose any information derived from proposals submitted by competing offerors.
(d)
Discussions in competitive negotiation need not be conducted with respect to prices, where such prices are fixed by law or regulation, except that consideration shall be given to competitive terms and conditions; or where time of delivery or performance will not permit discussions; or here it can be clearly documented from the existence of adequate competition or accurate prior cost experience with the particular supply, service or construction item that acceptance of an initial offer without discussion will result in fair and reasonable prices, and the request for proposals notifies all offerors of the possibility that an award may be made on the basis of the initial offers.
Comment Text (parent not a footnote)(Ord. of 1-14-93(1), art. IV, §§ 1—4)
Sec. 2-185. - Sole source procurement and emergency procurement.#
(a)
A contract may be awarded for a supply, service or construction item without competition when the purchasing agent determines in writing that there is only one source for the required supply, service or construction item.
(b)
Notwithstanding any provision herein to the contrary, the purchasing agent may make or authorize others to take emergency procurements where there exists a threat to public health, welfare or safety in the judgment of the purchasing agent; provided that such emergency procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.
Comment Text (parent not a footnote)(Ord. of 1-14-93(1), art. V, §§ 1, 2)
Sec. 2-186. - Cancellation or rejection of bids.#
An invitation for bids, a request for proposals, or other solicitation may be canceled, or all bids or proposals may be rejected, if it is determined in writing by the purchasing agent that such action is taken in the best interests of the town.
Comment Text (parent not a footnote)(Ord. of 1-14-93(1), art. VI, § 1)
Sec. 2-187. - Responsibility of bidders.#
(a)
The purchasing agent may make a written determination of responsibility of a bidder after reasonable inquiry. Any bidder shall supply such information as is required by the purchasing agent in order to make such a determination. The failure of a bidder to promptly supply such information may be grounds for a determination of non-responsibility. Except as otherwise provided by law, information furnished by a bidder under this section shall not be disclosed outside of the department administering the contract without prior written consent of the bidder.
(b)
The purchasing agent may pre-qualify suppliers as reasonable prospective contractors for particular types of supplies, services and construction. In making such determination, the purchasing agent shall make reasonable inquiry and any prospective supplier shall furnish to the purchasing agent all information requested in order to complete said inquiry. Solicitation mailing lists of potential contractors of such supplies, services and construction shall include but need not be limited to such pre-qualified contractors. Pre-qualification shall not foreclose a written determination between the time of the bid opening or receipt of offers and the making of an award that a pre-qualified supplier is not responsible or that a supplier who is not pre-qualified at the time of bid opening or receipt of offers is responsible.
Comment Text (parent not a footnote)(Ord. of 1-14-93(1), art. VII, §§ 1, 2)