Chapter 3.36
STANDARDS OF CONDUCT
Sections:
3.36.010 Gifts and gratuities.
3.36.030 Consumption of alcohol and drugs while on borough business or attending borough functions.
3.36.040 Drug and alcohol-free workplace.
3.36.050 Establishment of drug and alcohol testing program for borough employees.
3.36.010 Gifts and gratuities.
A. A borough employee shall not accept a gift, gratuity, consideration or extraordinary favor from any person doing business or likely to do business with the borough and shall immediately report to the department head any offer, promise or suggestion that such a gift be made.
B. If an offer is made to a department head, the department head shall report the offer to the mayor.
C. Any person offering a gift, gratuity, consideration or extraordinary favor to a borough employee is subject to criminal penalties prescribed in AS 11.56.100.
D. A borough employee receiving a gift, gratuity, consideration or extraordinary favor is subject to criminal penalties prescribed in AS 11.56.110.
E. This section does not apply to the giving of ceremonial gifts of nominal value, or gifts received from an employee’s family or ordinary circle of friends when not offered for an unlawful purpose. (Ord. 13-10 § 1, 2014; Ord. 91-04 § 2, 1991; Code 1986 § 3.12.140. Formerly 3.12.160)
3.36.020 Prohibited acts.
A borough employee may not:
A. Engage in or accept employment, or render services for personal gain when the employment or service is incompatible with, is in conflict with, or appears to be in conflict with, the proper discharge of the employee’s official duties;
B. Accept, negotiate for, or promise to accept employment or anything in excess of $50.00 in value from any person, firm or company, if the employee’s department is engaged in the transaction of business which may be affected by the employee’s official action;
C. Invest or hold any investment, directly or indirectly in any financial, business, commercial or private transaction, which creates a conflict or the appearance of a conflict with the employee’s official duties;
D. Use information peculiarly within the employee’s knowledge or purview concerning the property, government, or affairs of the borough to advance the financial or other private interest of the employee or others;
E. Accept any form of gift, loan or gratuity in exchange for the performance of the employee’s duties other than the compensation and benefits provided by the borough;
F. Be a party to the purchase of or influence the purchase of goods or services for the use of the borough from any person, company or business in which the employee has a substantial financial interest, unless the purchase is approved in advance in writing by the department head or the mayor, in the event the conflict is created by the department head;
G. Engage in any business or transaction, or own a financial or other private interest, direct or indirect, which is in conflict with or presents the appearance of a conflict with, the proper discharge of the employee’s official duties;
H. Engage in any other employment during those hours the employee is scheduled to work for the borough;
I. Take an active part in the management of a political party above the precinct level;
J. Require an assessment, subscription, contribution or service for a political party from a borough employee;
K. Make a false statement, certificate, mark, rating or report with regard to a test, certification or appointment, or in any manner commit a fraud preventing the impartial execution of these policies; and
L. Serve as a borough assembly person while employed by the borough, exempting personnel employed by the borough school district. (Ord. 13-10 § 1, 2014; Ord. 91-04 § 2, 1991; Code 1986 § 3.12.240. Formerly 3.12.170)
3.36.030 Consumption of alcohol and drugs while on borough business or attending borough functions.
A. While actually conducting borough business, all borough employees, whether in the classified, exempt or partially exempt service, shall be sober and refrain from the consumption of alcoholic beverages and any mind-altering substance that impacts the ability to function unless lawfully prescribed by a doctor.
B. Functions sponsored by any borough department, regardless of location, shall be alcohol and drug-free. Any social or civic function, regardless of sponsor, if held in a borough-owned or borough-maintained facility, shall be alcohol-free and drug-free. The prohibition in this subsection also applies to all Northwest Arctic Borough school district functions and facilities. (Ord. 13-10 § 1, 2014; Ord. 91-07 § 1, 1992; Code 1986 § 3.24.150. Formerly 3.24.150)
3.36.040 Drug and alcohol-free workplace.
A. It is the policy of the borough that it shall provide a drug and alcohol-free workplace for its employees and citizens.
1. Disciplinary action shall be taken against employees engaged in the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance, or an alcoholic beverage, in a local option area, within the workplace.
a. Any disciplinary action, except dismissal, taken pursuant to this section shall also require the affected employee to successfully complete a drug abuse assistance or rehabilitation program and shall be imposed with 30 days’ notice of a violation of this policy.
b. Subsection (A)(1)(a) of this section in no way limits the personnel officer’s authority to dismiss an employee found to have violated the provisions of this subsection. Any employee dismissed pursuant to this section must show proof of successful completion of a drug abuse assistance or rehabilitation program prior to any rehire by the borough. Successful completion of any such program does not guarantee or afford a preference for rehire.
B. Definitions. For the purposes of this section:
1. The term “drug and alcohol-free workplace” means a borough facility or leased facility where a borough employee works. It does not apply to the school district, which shall have its own policies.
2. The term “controlled substance” means a controlled substance as defined in Schedules I through V of Section 202 of the Controlled Substance Act (21 USC 812) or those defined by AS Chapter 11.71.
3. The term “conviction” means a finding of guilt (including a plea of nolo contendere) by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.
4. The term “criminal drug statute” means a criminal statute involving manufacture, distribution, dispensation, use or possession of any controlled substance.
5. The term “local option area” shall mean a municipality or established village which adopts a local option under the provisions of AS 4.22.491. (Ord. 13-10 § 1, 2014; Ord. 00-09 § 1, 2000; Ord. 91-04 § 2, 1991; Code 1986 § 3.24.130. Formerly 3.24.130)
3.36.050 Establishment of drug and alcohol testing program for borough employees.
A. The mayor may prescribe drug and alcohol testing rules and regulations.
B. The drug and alcohol testing rules and regulations, if any, shall:
1. Become effective upon approval by the mayor and review and ratification by the assembly.
2. Apply to all borough employees regardless of position, classification or location of employment.
3. Be incorporated into the employee handbook.
C. Notwithstanding any provisions in this chapter or any personnel rule or regulation adopted under it, the rules and procedures prescribed and approved under this section shall apply to all borough employees and if in conflict with any existing provisions shall supersede it. (Ord. 13-10 § 1, 2014; Ord. 00-09 § 1, 2000; Ord. 91-07 § 1, 1992; Code 1986 § 3.24.140. Formerly 3.24.140)