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<br />75 <br /> <br />drugs without a bona fide prescription during duty hours or while on City property; not <br />to directly or indirectly sell or provide impairing drugs to a fellow employee while either <br />or both employees are on duty, except in the proper course of providing emergency <br />medical care to such fellow employees; and to notify their supervisor, before commencing <br />work, when taking any medications or drugs which may interfere with the safe and <br />effective performance of duties. <br /> <br />Supervisors may require that an employee submit to drug test when such supervisor has <br />reasonable suspicion that an employee is under the influence of drugs at a time when the <br />employee is to perform job duties and responsibilities. "Reasonable suspicion" means a <br />belief based on facts and circumstances sufficient to lead a reasonably prudent supervisor <br />to suspect that an employee is under the influence of drugs. <br /> <br />When it is determined through a drug screening test and a confirmatory test, or <br />otherwise, that an employee has violated this Section, the employee shall be subject to <br />discipline up to and including discharge. <br /> <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 /> <br />SECTION 29 – SEPARABILITY OF PROVISIONS <br /> <br />Should any section, clause or provision of this MOU be declared illegal by final judgment <br />of a court of competent jurisdiction, such invalidation of such section, clause or provision <br />shall not invalidate the remaining portions hereof, and such remaining portions shall <br />remain in full force and effect for the duration of this MOU. <br /> <br />Upon such invalidation, the parties agree to meet and confer concerning substitute <br />provisions rendered or declared illegal. <br /> <br />SECTION 30 – TERM OF AGREEMENT <br /> <br />The Memorandum of Understanding entered into on the 26th day of June <br />2023 , 2024, and the amendments to the rules and regulations and salary <br />ordinance provisions enacted pursuant thereto; and, as reflected in this Memorandum of <br />Understanding, shall remain in effect for those employees employed in those <br />classifications which comprise the Fire bargaining unit for the period of July 1, 20232024, <br />to and including June 30, 20242026. <br /> <br /> <br />6.A. - Page 86 of 99 <br />93