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<br />When it is determined through a drug screening test and a confirmatory test, or otherwise, <br />that an employee has violated this Section, the employee shall be subject to discipline up <br />to and including discharge. <br />Employees who hereafter apply for promotion shall, as a condition of appointment, <br />submit to a drug test. A confirmed positive result shall disqualify such applicant, who <br />may thereafter not apply for such promotion for one year. <br />The implementation of drug testing hereunder shall comply with employee due process <br />procedures as required by law and as specified by the Fire Department Substance Abuse <br />Program. <br />SECTION 28 - SEPARABILITY OF PROVISIONS <br />Should any section, clause or provision of this MOU be declared illegal by final <br />judgment of a court of competent jurisdiction, such invalidation of such section, clause or <br />provision shall not invalidate the remaining portions hereof, and such remaining portions <br />shall remain in full force and effect for the duration of this MOD. <br />Upon such invalidation, the parties agree to meet and confer concerning substitute <br />provisions rendered or declared illegal. <br />50 <br />