ARTICLE 5.    CONDITIONS OF EMPLOYMENT                          EFFECTIVE DATE:  05/04/98
RULE 507.      SUBSTANCE ABUSE PROGRAM                             REVISED DATE:  01/28/03

A.    PURPOSE:

        The Substance Abuse Program is established to assist in maintaining a safe, healthy and productive 
        work environment for all employees and further provides guidelines for the detection and deterrence 
        of alcohol and drug abuse. The Superior Court will work to eliminate any substance abuse (alcohol, 
        illegal drugs, misuse and/or abuse of prescription drugs or any other substance which could impair 
        an employee's ability to safely and effectively perform the functions of the particular position in 
        which employed) which increases the potential for accidents, absenteeism, substandard performance, 
        poor employee morale or tends to undermine public confidence in the administration of justice. All 
        persons covered by this Rule should be aware that violations of this Rule may result in discipline for 
        existing employees, up to and including dismissal, or for applicants, in not being hired.

        An employee must:

        1.    Not report to work or be subject to duty while his/her ability to perform job duties is impaired 
               due to alcohol or drug use, on or off duty;

        2.    Not possess, manufacture or use, or have the odor of alcohol or drugs on his/her breath during 
               working hours, on breaks, during meal periods, while on Court property in an official capacity 
               or while operating any Court vehicle. Exceptions to this Rule may exist in certain public safety 
               assignments;

       3.     Not directly or through a third party dispense or distribute drugs or alcohol to any person or to 
               any other employee while either employee or both employees are on duty or "on-call";

       4.    Submit immediately to reasonable requests for alcohol and/or drug analysis when requested by a 
              Division Head or other supervisory personnel;

        5.    Notify his/her supervisor, before beginning work, when taking any medications or drugs, 
               prescription or non-prescription, which may interfere with the safe and effective performance 
               of duties or operation of assigned equipment;

        6.    Provide, within twenty-four (24) hours of request, a current valid prescription for any drug or 
               medication identified when a drug screen/analysis is positive. The prescription must be in the 
               employee's name;

        7.    Notify his/her immediate supervisor in writing of any criminal drug statute conviction for a violation 
               occurring in the workplace no later than five (5) calendar days after such conviction.

C.    MANAGEMENT RESPONSIBILITIES AND GUIDELINES:

        2.    Division Heads and supervisors may request that an employee submit to a drug and/or alcohol 
               analysis when a Division Head or supervisor has a reasonable suspicion that an employee is 
               intoxicated or under the influence of drugs or alcohol. "Reasonable suspicion" is a belief based on 
               objective and articulated facts sufficient to lead a reasonable prudent supervisor to suspect that an 
               employee is under the influence of drugs or alcohol so that the employee's ability to perform the 
               functions of the job is impaired or so that the employee's ability to perform his/her job safely is 
               reduced.

        3.    Any of the following, alone or in combination, may constitute reasonable suspicion:

                a.    Slurred speech, dilated pupils, and/or other physical signs;

                b.    Alcohol on breath;

                c.    Inability to walk a straight line;

                d.    An accident involving Court property;

                e.    Physical altercation;

                f.    Verbal altercation;

                g.    Behavior which is so unusual that it warrants summoning a supervisor or anyone else 
                       with authority;

                h.    Possession of alcohol or drugs;

                i.    Information obtained from a reliable person with personal knowledge.

         4.    Any Division Head or supervisor requesting an employee to submit to a drug and/or alcohol 
                analysis should immediately notify the Court Administrator or his/her designee(s) to meet him/her 
                to observe the employee's behavior. Should the Court Administrator or his/her designee(s) 
                concur that there may be a reasonable suspicion, the following procedure shall immediately be 
                applied:

                a.    The Division Head or supervisor shall document in writing the facts constituting reasonable 
                       suspicion that the employee in question is intoxicated or under the influence of drugs.

                b.    Any Division Head or supervisor requesting an employee to submit to a drug and/or alcohol 
                       analysis shall be responsible for the employee's transport to the designated medical services 
                       provider where a drug and/ or alcohol test shall be required.

                c.    Any Division Head or supervisor encountering an employee who refuses to submit to a 
                       drug and/or alcohol analysis upon request shall remind the employee of the requirements 
                       and consequences of this Rule. Any employee refusing to submit to a drug and/or alcohol 
                       test shall not be forced to submit to such testing. The Division Head or supervisor should 
                       ask the employee to wait a reasonable time until an authorized Court representative can 
                       transport the employee home.

                d.    Division Heads and supervisors shall not physically search employees.

                e.    Division Heads and supervisors shall notify the Presiding Judge or if not immediately 
                       available, the County Sheriff's Department when they have reasonable suspicion to believe 
                       that an employee may have illegal drugs in his or her possession or in an area not jointly or 
                       fully controlled by the Court.

                f.    Division Heads and supervisors shall not confiscate, without written consent, prescription 
                      drugs or medications from an employee who has a prescription.

        5     Results of Drug and/or Alcohol Analysis for Employees:

                b.    If the test is positive, the following shall apply:

                        1)    An employee, may, at his/her own expense, obtain another set of test results, using the 
                                same sample or a duplicate sample obtained at the same time, from an independent lab, 
                                and if these results differ from the ones obtained in the tests conducted at the Court's 
                                request, the Court may require further testing.

                        2)    If, from test results, an employee in a public safety position is deter- mined to be 
                               abusing drugs or alcohol, such employee may be immediately dismissed.

                        3)    If, from test results or other information, an employee is determined to be abusing 
                               drugs or alcohol and job performance is affected, the Court shall require that the
                               employee undergo an evaluation and join a recognized treatment program (if deemed 
                               appropriate by the evaluation). The Court and the employee may enter into an 
                               Agreement detailing the conditions of the employee's return to work. Said Agreements 
                               shall include additional testing for up to two years. During treatment, periodic reports 
                               shall be submitted to the Court on the employee's progress. Such employee will be 
                               granted PTO leave or allowable EIB credits to attend any required meetings. The 
                               Court will cover the cost of the testing but will not provide for the cost of the program 
                               other than that provided under the health insurance program. Failure to submit to 
                               rehabilitation testing when required, or complete any treatment program as prescribed, 
                               may be grounds for dismissal or other disciplinary action.

                        4)    The Court reserves the right to require an employee to take a leave of absence from 
                                employment pending evaluation and treatment at any time when the employee's ability 
                                to perform his/her job appears to be affected by a drug or alcohol abuse program. 
                                Prior to an employee's return to work after such an absence, the Court and the 
                                employee may enter into an Agreement detailing the conditions of the employee's 
                                return to work.  Said Agreement shall include additional testing at any time for up to 
                                two (2) years.

                        5)     The above policy (Rule 507(C)(5)(b)(1-4)) applies only to classified employees who 
                                have completed the original probationary period. Probationary employees can be 
                                terminated at any time they are suspected to be abusing drugs or alcohol, as 
                                demonstrated through impaired job performance or are found to be using drugs 
                                (other than those prescribed by a physician and being legally used) or alcohol on duty. 
                                Under such circumstances, testing may be required, at the discretion of the Court, of 
                                probationary employees suspected of substance abuse.

D.    PHYSICAL EXAMINATION AND PROCEDURE FOR APPLICANTS:

        2.    After the drug analysis is completed, the sample shall be processed in accordance with established 
                clinical procedures.

        3.    A confirmatory analysis after an initial positive result shall be conducted in accordance with 
                established clinical procedures.

E.    RESULTS OF DRUG ANALYSIS FOR APPLICANTS:

                a.    A positive result from a drug analysis may result in the applicant not being hired.

                b.    If an analysis is positive for drugs, the Presiding Judge shall decide whether the applicant 
                        may be hired after considering all relevant information (discussion with the designated 
                        physician, medical history, position applied for).

         2.    Promotional physicals:

                a.    A positive result from a drug analysis shall result in the individual not receiving the promotional 
                        position sought and may result in counsel and/or disciplinary action, up to and including 
                        dismissal. Employees employed in positions involving public safety may be dismissed with 
                        the first offense. Prior to any disciplinary action being taken, the Division Head shall consult 
                        with the Presiding Judge and the decision to discipline or discharge shall be carried out in 
                        conformance with the Court's disciplinary procedures.

                b.    If a drug analysis is positive, the Division Head shall conduct an investigation to gather all 
                       facts. Division Heads may seek the assistance of the Court Administrator in conducting an 
                       investigation. At the conclusion of the investigation, the Division Head shall prepare a report 
                       detailing the results of the investigation and provide the Court Administrator with a copy of 
                       the report for filing of record in the master personnel file.

               c.     The provisions of Rule 507(C)(5) above, shall also be applicable if a positive result occurs 
                       during the promotional physical.

F.    CONFIDENTIALITY:

        1.    Laboratory reports or test results shall appear in an employee's confidential medical file. The 
               reports or test results may be disclosed to Court management staff on a strictly need-to-know 
               basis and to the tested employee upon request. Disclosures, without patient consent, may also 
               occur when: (1) the information is compelled by laws or by judicial or administrative process; (2) 
               the information has been placed at issue in a formal dispute between the employer and employee; 
               (3) the information is to be used in administering an employee benefit plan; and (4) the information 
               is needed by medical personnel for the diagnosis or treatment of the patient who is unable to 
               authorize disclosure.

        2.    All exceptions to this Rule must be approved by the Presiding Judge.

G.    SEVERABILITY:

H.    AWARENESS INFORMATION:

        Periodically, the Court Administrator shall provide information to Judicial service personnel regarding 
        drugs and alcohol and their effects. In compliance with the Drug-Free Workplace Act of 1988, a 
        drug/alcohol awareness program will be ongoing. All personnel are expected to participate in the 
        program.