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City, or unless the employee is entitled to such benefits under the terms of the City's <br /> group health plan or by other available benefits. <br /> X. Investigation <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 /> 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 /> 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 /> 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 /> 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 /> 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 /> paraphernalia 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 /> XI. Arrest for Drug-Related Crime <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 /> B. Arrests: <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 /> (Reso)Sib Drug-Free Workplace Program-Rev 01182018 Page 19 of 41 1/18/2018 <br />