§ 1:902. Definitions.

A.

City-parish means the local governmental entity of the City of Baton Rouge and the Parish of East Baton Rouge as established in the Plan of Government of the City of Baton Rouge and Parish of East Baton Rouge (plan of government), any department, agency, subdivision office, commission, or board thereof, and any unit of local government provided for in, or the formation of which is authorized by, the plan of government.

B.

City-parish employee or employee means any person:

1.

Within the parish and city personnel system as defined in section 9.02 of the plan of government;

2.

In the unclassified service as defined in section 9.05 of the plan of government; and

3.

Providing services to the city-parish under a contract of employment.

C.

City-parish workplace means, for a particular city-parish employee:

1.

Any site, building, premises, or other location, including without limitation areas such as desks or work stations, lockers, storage areas, and parking lots;

2.

Any automobile, truck, motorcycle, cart, or other vehicle, whether motor-driven or not;

3.

Any mechanized equipment not considered a vehicle;

at which that employee is performing city-parish work, or which that employee is using, occupying, driving, or otherwise operating while in the course and scope of city-parish employment; or

4.

Any city-parish vehicle whether or not the employee is on or off duty.

D.

Drug means:

1.

Any controlled dangerous substance as defined in the Louisiana Uniform Controlled Dangerous Substances Law;

2.

Any controlled substance as defined in the Federal Drug Abuse Prevention and Control Law or the Federal Drug Enforcement Administration's Schedule of Controlled Substances;

3.

Any controlled substance analogue as defined in the Federal Drug Abuse Prevention and Control Law or the Federal Drug Enforcement Administration's Schedule of Controlled Substances; and

4.

Anabolic steroids, which include all substances listed as such in the Federal Drug Abuse Prevention and Control Law or the Federal Drug Enforcement Admini-
stration's Schedule of Controlled Substances and the Louisiana Uniform Controlled Dangerous Substance Law;

as these provisions may be amended from time to time.

E.

Alcoholic beverage means an fluid or any solid capable of being converted into fluid, suitable for human consumption, and containing more than one half of one percent alcohol by volume, including, malt, vinous, spirituous, alcoholic or intoxicating liquors, beer, porter, ale, stout fruit juices, cider, or wine.

F.

Positive test means:

1.

For a drug, when the drug or its metabolite is found in the employee's urine in concentrations greater than the applicable cutoff levels in a confirmatory testing procedure (as defined in the state drug testing law) and when a medical review officer (as defined in the state drug testing law) determines that there exists no legitimate explanation for the presence of the drug or metabolite in the urine.

2.

For alcohol, when the employee's blood alcohol concentration is 0.05 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood.

G.

Reasonable suspicion means the observation of any one of the following facts:

1.

Employee behavior that indicates that the employee may be under the influence of drugs or alcohol while in the city-parish workplace;

2.

Direct observation by a supervisor of employee drug or alcohol use or possession while in the city-parish workplace;

3.

Arrest or conviction of the employee for a violation of a criminal drug law, or the identification of the employee by the investigating authority as the focus of a current criminal investigation into illegal drug possession, use, or trafficking; or

4.

Arrest or conviction of the employee for a violation of a criminal alcohol law.

5.

Information received by a supervisor from an unidentified source or sources that the employee is using drugs or alcohol or is impaired in the city-parish workplace, when this information is corroborated by direct observation by any supervisor of drug or alcohol use by the employee or by other evidence from any supervisor with training and experience in the evaluation of drug-induced impairment.

H.

Serious incident means:

1.

Any occurrence involving a city-parish employee in the city-parish workplace which:

a.

Results in one or more deaths; or

b.

Results in bodily injury to any person, who, as a result of the injury:

1.

Immediately receives medical treatment away from the scene of the accident, or

2.

Receives professional medical treatment beyond first aid;

c.

Results in damage to property which renders the property inoperable or causes two thousand five hundred dollars ($2,500.00) or more in damages.

d.

Is caused by an employee's failure to wear protective equipment supplied, made available, required, or recommended by the city-parish or the employee's immediate supervisor; or

2.

The discharge by an employee of a firearm while in the furtherance of his or her duties of city-parish employment, regardless of whether the firearm was discharged during the employee's normal duty hours, and excluding the discharge of firearms for practice or training purposes at an approved firing range.

I.

Safety- or security-sensitive employees include, for purposes of this chapter:

1.

All airport police ARFF;

2.

All deputy city constables;

3.

Certified emergency medical technicians (B, I, and P) employed by the department of emergency medical services;

4.

All emergency communications division personnel, including the chief of operations, all emergency communications shift supervisors, assistant shift supervisors and officers;

5.

Detention and probation officers in the department of juvenile services;

6.

All employees who are assigned city-parish motor vehicles;

7.

All employees who operate any city-parish mechanized equipment or motor vehicles in the performance of their city-parish duties;

8.

All employees who operate commercial motor vehicles as defined in the Federal Highway Administration Regulations;

9.

Employees who perform the duties listed in the Federal Aviation Administration Regulations relating to safety- and security-sensitive positions in the aviation industry;

10.

All employees authorized to carry firearms; and

11.

Licensed nursing personnel employed by emergency medical services.

J.

Criminal drug or alcohol law means, for the purpose of this chapter, any local, state, or federal regulation which prohibits the following: operating a motor vehicle or watercraft while intoxicated or while under the influence of alcohol or of a controlled dangerous substance; the use, possession, manufacture, production, creation, sale, transport, or distribution of a controlled dangerous substance or of drug paraphernalia, or any attempt thereof, or conspiracy relating thereto; solicitation of others to distribute a controlled dangerous substance or any attempt thereof, or conspiracy relating thereto; obtaining a controlled dangerous substance by fraud, or any attempt thereof, or conspiracy relating thereto; unauthorized dispensing of a controlled dangerous substance, or any attempt thereof, or conspiracy relating thereto; possession of an open container of alcohol or consumption of alcohol while operating a motor vehicle; any offense involving the injuring of another when the proximate cause of the injury is caused directly or indirectly by operation of, or actual physical control of, a motor vehicle or watercraft, while the operator is under the influence of alcohol, the offender's blood alcohol concentration is 0.08 percent or more by weight based upon grams of alcohol per one hundred cubic centimeters of blood, the operator is under the influence of a controlled dangerous substance, or the operator is under the influence of a combination of alcohol and prescription or nonprescription drugs when the drugs are labeled to warn against combining the medication with alcohol, or the operator is under the influence of prescription or nonprescription drugs when the operator has knowingly exceeded the prescribed dosage or the dosage recommended by the manufacturer of the drug.

K.

High risk employee means, for the purposes of this chapter, an employee who serves in a safety or security-sensitive position and commencing thirty (30) days from the effective date of this chapter has been convicted of two (2) or more violations of a criminal drug or alcohol law within a five-year period.

L.

Conviction means, for the purposes of this chapter, a finding of guilty or a plea of guilty or no contest whether or not such conviction has been or may be dismissed pursuant to the Louisiana Code of Criminal Procedure Article 893 or 894.

(Ord. No. 9877, § 2, 4-27-94; Ord. No. 11774, § 1, 6-28-00; Ord. No. 12268, § 1, 3-27-02; Ord. No. 12945, § 1, 5-12-04)