Resolution - #96-08-195 - 08/14/1996

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Councilmember Peterson introduced the following resolution and moved for its adoption: RESOLUTION #96-08-195 A RESOLUTION ADOPTING FINDINGS OF FACT #0406 RELATING TO DISCIPLINARY ACTION REGARDING EMPLOYEE GREGG BELSAAS WHEREAS, Gregg Belsaas is employed by the City as a Public Works maintenance worker and is required to have a valid commercial driver's license; and WHEREAS, on January 9, 1996, the City adopted a policy to implement the Federal Omnibus Transportation Employee Testing Act and Related Regulations Implementation Policy, which City Testing Policy is incorporated herein as if fully set forth at this point; and WHEREAS, on December 5, 1995, the City conducted a training program prior to adoption of its testing policy in order to fully inform all affected employees of the testing policy, its purposes and its significant sanctions for failure to comply; and and WHEREAS, Gregg Belsaas personally attended the December 5, 1995 training session; WHEREAS, a City representative orally reviewed the City Testing Policy with Gregg Belsaas and Gregg Belsaas signed and acknowledged that he received a copy on January 24, 1996, of said policy; and WHEREAS, on August 5, 1996, Gregg Belsaas was randomly selected for drug testing in conformance with the City's testing policy; and WHEREAS, on August 5, 1996, Gregg Belsaas was present at the City's Public Works facility and after being informed that he had been selected to give a random urine sample, immediately left the premises stating that he had too much at stake and he was going home sick; and WHEREAS, the City's Testing Policy provides that a "Refusal to Submit" by an affected employee occurs when that person fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing in accordance with the City's Testing Policy; and WHEREAS, the Council finds no valid medical explanation for Gregg Belsaas' refusal to submit to the urine testing; and WHEREAS, the City's Testing Policy provides that any affected employee who refuses to undergo the required testing shall be discharged from employment on the grounds of insubordination. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, as follows: 1) That Public Works employee, Gregg Belsaas, be, effective this date, discharged from employment with the City on the grounds of insubordination. Resolution #96-08-195 Page 1 of 2