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<br />X. Investigation <br /> <br />A. To ensure that illegal drugs and alcohol do not enter or affect the workplace, the City <br />reserves the right to undertake reasonable searches of all vehicles, containers, lockers, <br />or other items on City property in furtherance of this program. Individuals may be <br />requested to display personal property for visual inspection. <br /> <br />B. Searches for the purpose described herein will be conducted only where the City has <br />reasonable suspicion that the employee has violated the City's Drug-Free Workplace <br />Program, and that evidence of such misconduct may be found during the search. <br /> <br />C. Preventing a premises/vehicle search or refusing to display personal property for visual <br />inspection will be grounds for dismissal and/or denial of access to City premises. <br /> <br />D. Searches of an employee's personal property will take place only in the employee's <br />presence. All searches under this program will occur with the utmost discretion and <br />consideration for the employee involved. <br /> <br />E. Individuals may be required to empty their pockets, but under no circumstances will an <br />employee be required to remove articles of clothing or be physically searched except by <br />law enforcement personnel having lawful authority to do so. <br /> <br />F. Because the City's primary concern is for the safety of its employees, the public and <br />their working environment, the City will not normally seek prosecution in matters <br />involving mere possession of illegal substances discovered solely as a result of search <br />under this section. However, the City will turn over all confiscated drugs and drug <br />paraphemalia to the proper law enforcement authorities. Further, the City reserves the <br />right to cooperate with or enlist the services of proper law enforcement authorities in the <br />course of any investigation. <br /> <br />XI. Arrest for Drug-Related Crime <br /> <br />A. As a condition of employment, each employee obligates himself or herself to notify his or <br />her appropriate management representative of the arrest for any alleged violation of or <br />conviction under any criminal drug statute, including but not limited to, offenses <br />described in Section 316.193, Chapter 859 and Chapter 893, Fla. Stat. (1991). Except <br />for the more immediate notice required under Article V.H. of this program, the employee <br />shall give the required notice within 48 hours of such event. Failure to notify will result in <br />dismissal. <br /> <br />B. Arrests: <br /> <br />If an employee is arrested on a charge of commission of a drug-related crime, the City <br />will perform a preliminary investigation of all of the facts and circumstances surrounding <br />the alleged offense, and City officials may utilize the drug-testing procedures in <br />accordance with this program. In most cases, the arrest for a drug-related crime, except <br />off-duty alcohol use, will constitute reasonable suspicion of drug use under this program. <br />However, information on drug test results shall not be released or used in any criminal <br />proceeding against the employee. Information released contrary to this section shall be <br />inadmissible as evidence in any such criminal proceeding. In conducting its own <br />investigation the City shall use the following procedures: <br /> <br />SIB_Drug-Free_ Workplace]rogram_-_ W-CDL <br /> <br />Page 19 of4l <br /> <br />12/15/20 I I <br />