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20.4 Substance Abuse 20.4.1 It is the responsibility of all affected employees to cooperate to protect the lives, personal safety and property of co-workers and fellow citizens. The parties hereto and all affected employees shall take all reasonable steps to accomplish these goals and to minimize potential danger. 20.4.2 It is in the best interest of the City, the Association, affected employees, and the public to ensure that affected employees do not appear for work under the influence of drugs or alcohol, or possess illegal substances or alcohol while at work, because such conduct is likely to result in reduced productivity, an unsafe working environment, poor morale and increased potential liability to the City. .Under the influence of drugs" means the use of any illegal substances or misuse of a prescribed drug in a manner and to a degree that impairs the employee's work performance or the ability to use City property or equipment safely. 20.4.3 The City shall continue to provide an employee assistance program for the duration of this Agreement. This program will be provided for employees who have problems with drugs and/or alcohol. The City and the Association agree that every effort shall be made by the City and the Association to refer employees who have such problems to this counseling service for assistance. In the event that the employee refuses to participate in such counseling or in the event the drug and/or alcohol problem is not resolved through such counseling, the City reserves the right to take disciplinary action against the employee, up to and including dismissal. 20.4.4 The City may compel an employee who is unable to perform the duties of his/her position to submit to a medical examination on the City's time by a doctor selected by the City and paid at the City's expense. The City and the Association agree to exchange ideas and information regarding the establishment of a City Alcohol and Drug Abuse Policy during the term of this Agreement. ARTICLE 21 GRIEVANCE PROCEDURE 21.1 Definition 21.1.1 A grievance shall be defined as any dispute which involved the interpretation or application of any provision of this Memorandum of Understanding during its term, excluding all ordinances, resolutions, rules and regulations, the subject of which is not specifically covered by the provisions of this Memorandum. Such excluded ordinances, resolutions, rules and regulations shall not be subject to the Grievance Procedure. Performance evaluations and Letters of Reprimand shall not be subject to the grievance procedure. 21.1.2 A working day is any day that the City's offices are open for business. 21.2 Procedure Grievances as defined in Section 21.1 above shall be processed only in the following manner: 28