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• Conviction: A finding of guilty (including a plea of guilty or "nolo contenders") or <br />imposition of sentence, or both, by any judicial body charged with the responsibility to <br />determine violations of state or federal <br />• Drug: A controlled substance as defined in applicable law. <br />• Drug and Alcohol Testing, Drug or Alcohol Testing, and Drug or Alcohol Test: Analysis of <br />a body component sample in a manner consistent with Minnesota law for the purpose of <br />measuring the presence or absence of drugs, alcohol, or their metabolites in the sample <br />tested. <br />• Drug Paraphernalia: An item or items described as drug paraphernalia in Minnesota State <br />law. <br />• Employee: A person, independent contractor, or person working for an independent <br />contractor who performs services for compensation, in whatever form, for the City. <br />"Employee" shall also mean a volunteer who provides services to the City for no or <br />nominal compensation. <br />• Employer: The city of Ramsey acting through its designees of the City Council. <br />• Initial Screening Test: A drug or alcohol test which uses a method of analysis authorized <br />by Minnesota law, as being capable of providing data as to general classes of drugs, <br />alcohol, or their metabolites. <br />• Job Applicant: A person, independent contractor, or person working for an independent <br />contractor who applies to become an employee of the City, and includes a person who <br />has received a job offer made contingent on the person passing drug or alcohol testing. <br />• Premises: All property and locations that the City owns, is operating, or has established a <br />presence. <br />• Positive Test Result: A finding of the presence of drugs, alcohol, or their metabolites in <br />the sample tested by a confirmatory test in levels at or above the threshold detection <br />levels established by Minnesota law. An alcohol test will be considered positive if the <br />testee has an alcohol concentration level of at least .02 or a lesser level if it is <br />accompanied by an odor of an alcoholic beverage or signs of physical impairment. <br />• Reasonable Suspicion: A belief by the Human Resources Manager or City Administrator <br />that the appearance, behavior, speech or body odors of an employee are indicative of the use <br />of a controlled substance or alcohol based on the observation of at least one supervisor or <br />official who has received training in the identification of behaviors indicative or drug and <br />alcohol use. <br />• Safety — Sensitive Position: A job, including any supervisory or management positions, in <br />which an impairment caused by drug or alcohol usage would threaten the health or safety of <br />any person. <br />• Under the Influence: Having the presence of a drug or alcohol at or above the level of a <br />positive test result. <br />Circumstances Under which Testine may Occur: Any employee or job applicant of the City <br />may be tested under the following circumstances: <br />741Page <br />