Laserfiche WebLink
do it. They say we have to have a City policy spelling out what disciplinary actions will take place. <br />She added that there is only one metro area city that she is aware of that does not state in its policy <br />that refusal to take the test is grounds for discharge. If someone takes the test and fails, we have to <br />give them the opportunity to be rehabilitated. Federal regulations say we have to do the testing <br />unannounced and immediately. She was not sure legally if she could have given Mr. Belsaas the <br />options of having the test later. Nothing says we choose these people and then have to beg them to <br />take the test. It is spelled out very specifically. <br /> <br />City Attorney Goodrich disseminated a resolution for Council review. He summarized the <br />findings of fact in the resolution. He reiterated that Mr. Belsaas had stated by his signature that he <br />understood the chug/alcohol testing policy. This resolution is reaffirming the policy that if an <br />employee refuses to take the test, that employee should be discharged on the grounds of <br />insubordination. <br /> <br />Ms. Koskinen stated that Ms. Waite Smith had indicated that part of the rehabilitation is evaluation <br />and treatment. Once Mr. Belsaas completes these steps, we would include that as part of the <br />suspension time if that's agreeable to Council. Mr. Belsaas has agreed to do whatever is necessary <br />to be brought back to staff. He could have an evaluation maybe by the end of next week. <br /> <br />Mr. Goodrich inquired if them was any medical mason Mr. Belsaas refused. <br /> <br />Mr. Belsaas replied that he was not feeling well. He explained he was at the fair the day before <br />and ate a lot of food and was feeling under the weather due to that. Then when he was told about <br />the test, he felt he had had enough. He was under stress, not feeling well, etc., and he made a <br />wrong decision. He suggested that had he known then what he knows now, he would have taken <br />the test. He stated he did go home sick. <br /> <br />Mr. Goodrich informed Council that they could adopt fa:st the findings and then based on the <br />findings, discuss disciplinary action. <br /> <br />Mayor Hardin stated this is unfortunate we are all here for this; however, this is a pivotal time with <br />this policy. Once you make an exception, you will make exceptions throughout. How will we <br />enforce other policies if we do not enforce this. We did a lot of educational type things to make the <br />employees aware of this policy. <br /> <br />Ms. Waite Smith stated that she told the Public Works employees that if they have a problem, they <br />should get on record and they would be protected by the ADA. <br /> <br />Mr. Belsaas could not remember that he had been told that. <br /> <br />Ms. Koskinen stated that Mr. Belsaas has admitted to being sober for 49 months. He should be <br />covered under the ADA. <br /> <br />Mr. Belsaas stated that he has been tested randomly for the past 49 months and all the tests have <br />come up negative. <br /> <br />Ms. Koskinen commented that anonymity is part of recovery. She stated that Mr. Belsaas should <br />have record of every test taken which would substantiate his claim to sobriety. <br /> <br />Mr. Goodrich stated that is private. <br /> <br />Ms. Koskinen stated that if Mr. Belsaas wants to release that information, he has the right to do so. <br />She felt that making a decision without this information is premature. <br /> <br />City Council/August 14, 1996 <br /> Page 2 of 4 <br /> <br /> <br />