HomeMy WebLinkAbout05.15.2024 Telecom Board Agenda
BOARD
MEMBERS
Andrew
Van Fleet
Board Chair
Theodore
Batemon
Ritch
Kurtenbach
Mike
Young
Amy
Wienands
City Council
Liaison:
Rob
Nichols
May 15, 2024
City Council Chambers
4:00 p.m.
1. Roll call.
2. Approval of the agenda, as presented.
3. Approval of minutes of April 17, 2024, regular session, and May 9, 2024, special
session, as presented.
4. Motion approving a Separation Agreement and General Release with Mia Tien and a
severance payment of $1,934.40 and authorizing the General Manager of
Telecommunications to execute said document.
5. Motion approving a Municipal Communications Utility Confidential Information
Policy.
6. Motion approving an Alcohol and Drug Abuse Policy and a Drug and Alcohol Testing
for Commercial Driver’s License.
7. Update from Speer Financial, General Manager of Telecommunications, and
consultants.
8. Closed session pursuant to Iowa Code Section 388.9(1) to discuss marketing and
pricing strategies or proprietary information if its competitive position would be harmed
by public disclosure not required of potential or actual competitors, and if no public
purpose would be served by such disclosure.
9. Adjourn.
Kelley Felchle
Board Secretary
WATERLOO
Telecommunications Utility Board of Trustees
TELECOMMUNICATIONS UTILITY
BOARD OF TRUSTEES
City Council Chambers
April 17, 2024
4:00 p.m.
1. Members present: Van Fleet, Batemon, Kurtenbach, Young and Wienands.
2. Moved by Kurtenbach seconded by Young that the agenda as amended by striking
Item 5, be approved. Voice vote-Ayes: Four. Motion carried.
Mr. Van Fleet explained that the reason for removal was to obtain legal counsel
input on some of the language.
3. Moved by Young seconded by Batemon that the minutes of March 20, 2024, regular
session, as presented, be approved. Voice vote-Ayes: Four. Motion carried.
4. Moved by Young seconded by Kurtenbach to receive and file a notice of conclusion of
employment of Julie Eastman and a severance payment of $4,727.83. Voice vote-Ayes:
Four. Motion carried.
Mr. Kurtenbach requested an update on what changed from the first time it was
introduced.
Eric Lage, General Manager, explained that he had our attorney review the
employment agreement, which refers to the employee handbook. The interpretation
of the handbook is that employees are entitled to a payout for vacation time only, so
the payout was reduced by the amount of sick time that was accrued but not
required to be paid out.
Mr. Kurtenbach questioned if the handbook is being updated to include language
regarding forfeiture of payout.
Eric Lage confirmed and anticipated it will be complete by the next meeting or two.
Kelley Felchle, Board Secretary, commented that legal counsel will review the entire
employee handbook to make sure there are not other things that were missed by us
or PDCM.
Mr. Kurtenbach offered to send some language to use if it would be helpful.
Mr. Young shared that he saw a recent article about CFU updating their vacation
time benefits.
5. Moved by _____ seconded by _____ to approve an agreement with 3-GIS LLC for
Fiber Optic Network Asset Management software, in the amount of $111,850 over 3
years, in conjunction with the FY2024 Fiber Optic Network Asset Management RFP,
Contract No. 1098, and authorizing the General Manager t o execute said document.
6. Moved by Kurtenbach seconded by Young to approve an agreement with the National
Cable Television Cooperative and authorizing payment to the same in the amount of
$28,500. Voice vote-Ayes: Four. Motion carried.
Eric Lage, General Manager, provided an overview of the agreement and explained that
the $28,500 is a one-time application fee which he believes will be made back in
savings in just a few months.
Mr. Van Fleet asked if there were any annual fees.
Eric Lage commented that there is no annual fee but there is a minimum hardware
purchasing requirement but does not believe we’ll have a problem meeting that
minimum.
Mr. Kurtenbach questioned if this includes the fees for local broadcasting.
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Eric Lage commented that there could be some random channels are not an NCTC
channel so we would have to negotiate those on our own.
7. Moved by Kurtenbach seconded by Van Fleet to approve an agreement with ImOn for
telephone services. Voice vote-Ayes: Three. Abstain: One (Mr. Young, due to a conflict
of interest). Motion carried.
Eric Lage, General Manager, explained that there is some confidentiality language in the
agreement, but generally it is all within our Magellan budget. We were able to negotiate
some of the terms on it to limit some of our exposure on long distance calls.
Mr. Kurtenbach shared that he has been asked that if the power goes out, do they lose
their phone.
Eric Lage explained that the FCC requires that we offer battery back -up units and stated
that they are working on setting a rental rate for those.
Ms. Wienands joined the meeting.
8. Moved by Kurtenbach seconded by Young to approve Supplemental Agreement No. 1
with Entrust Solutions Group (Magellan), of Denver, Colorado, in conjunction with the FY
2023 Construction of a Fiber-to-the-Premise Feeder/Distribution and Backbone Network
Project, Contract No. 1088, and authorizing the General Manager of
Telecommunications to execute said document. Voice vote-Ayes: Five. Motion carried.
Eric Lage, General Manager, provided an overview of what the supplemental agreement
entails. He shared that the city’s EDA project is just taking off with an estimated two
crews working on that contract. We have an additional two crews on Contract No. 1088,
which is the construction happening with ITG. This construction inspector will inspect for
the two city crews as well as the two 1088 crews. The cost split between the city and
the utility is sixty-one percent city and thirty-nine percent utility. He explained that the
cost includes some admin structure.
Mr. Van Fleet questioned how many crews that instructor oversees.
Eric Lage said the inspector will oversee four crews.
Mr. Young clarified the split cost and that it was heard by council at the last meeting.
Eric Lage confirmed and said that it was up for reconsideration by council this evening.
Mayor Hart commented that he was not at the council meeting but has had a chance to
talk to staff and council members. There was some necessary clarification that needs to
be made. Once it is reconsidered, it will then be on the following regular council
meeting for a full vote. He explained that on April 1st, Eric did provide one of the council
members a very detailed explanation of what this position does and the need for it,
though he isn’t sure whether the information was shared with other council members.
Eric explained that he does not see this as an extra fee, but really just moving those
resources from the end of the project up to now. If we can finish the project in two and
half years instead of three then we can avoid paying those additional months for
inspectors on the back end.
9. Moved by Kurtenbach seconded by Young to approve Change Order No. 2024-0011,
for an increase in the amount of $72,112.07 in conjunction with the FY 2023
Construction of a Fiber-to-the-Premise Feeder/Distribution and Backbone Network
Project, Contract No. 1088. Voice vote-Ayes: Five.
Eric Lage explained that the purpose of this change order is to get fiber from South
Front Networks to the current backbone to give us redundancy back to Fire Station 6.
We’ll be able to utilize the city backbone to get our Phase II infrastructure in place.
Mr. Van Fleet asked if this a one-time cost and is there a split in cost with the city.
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Eric Lage stated it is a one-time cost and there is no cost splitting.
Mr. Van Fleet asked who was doing the work.
Eric Lage stated that ITG is doing the work.
10. Moved by Kurtenbach seconded by Batemon to approve Change Order No. 2024-
0012, for a decrease in the amount of $522,532.28 in conjunction with the FY 2023
Construction of a Fiber-to-the-Premise Feeder/Distribution and Backbone Network
Project, Contract No. 1088. Voice vote-Ayes: Five. Motion carried.
Eric Lage explained that the city received a grant to do work on La Porte Road and part
of the grant is fiber work for the backbone. This is a deduct, however it will be rebid out
for the construction. He shared that two of the LCPs will be impacted by this and will
likely be completed after Phase 3.
Mr. Kurtenbach questioned if this would be done prior to the project being done.
Eric Lage explained that it would as the road project is completing.
Warren Lyons, Entrust, shared that the change order is in conjunction with the city
project so the project will be built out of that funding so in the future this may or may not
be added back to Contract No. 1088.
11. Update from Speer Financial, General Manager of Telecommunications, and
consultants.
Maggie Burger shared that they are pricing bonds today for the general obligation
twenty million dollars. The city will handle that approval as the citizens of Waterloo
voted on this a couple of years ago. Bridgett and Eric will work together to identify any
expenses to date that need to be reimbursed as well as future expenses. She stated
that coming this summer is a large utility revenue bond, likely in the thirty-to-forty-million-
dollar range. She shared that Kristen Cooper and Steve Nadel will be writing an
agreement that outlines the understandings, with a more formalized agreement after the
debt has been refunded out.
Eric Lage, General Manager, provided an overview of ongoing projects.
Mr. Van Fleet questioned the timeline for bringing on the next batch of test customers.
Erica Christiansen, Customer Service Representative, commented that Camvio will be
on-site the week of May 13th. She explained that we will be moving our four current
friendlies over to the new system along with two additional new friendlies. We are
currently in the process of doing drops for up to fifteen more friendlies.
Mr. Van Fleet questioned what the testing period would look like.
Eric Lage indicated that it will take a couple months for the test customers.
Mr. Young questioned if billing will take effect while they are a test customer.
Eric Lage explained that they will not be billed while under testing plus customers
receive two months of free internet after they sign up.
Mr. Kurtenbach questioned the status of the additional hubs.
Eric Lage explained that they are considering in Phase II, Linden Tower, trying to put
that infrastructure inside of Public Works, which would keep us from having to purchase
an additional shelter and generator.
Mr. Kurtenbach asked about the third one.
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Eric Lage explained that they are reevaluating whether they will do a hut or a cabinet
since it is a small amount of equipment. They are also working on placement because
there is some concern of flooding at original location.
Kelley Felchle, Board Secretary, working on changes to the employee handbook. Office
space lease RFP is due tomorrow so after they come in, Mr. Young, Eric and myself will
be reviewing those. We have also been working on a confidential information policy to
have a better guidance for handling proprietary information.
Michael Reagan, Entrust Solutions, provided an update to the board on construction
activities.
Mr. Kurtenbach questioned how many crews are operating currently and how many
subcontractors are operating with those crews.
Michael Reagan provided an overview of crew counts for different portions of the
projects.
Mr. Kurtenbach questioned if any of our contractors are working with the competition as
well.
Michael Raegan said there are not.
Mr. Young questioned how the transition to Vanguard for locates is going now that
MidAmerican is also using Vanguard.
Eric Lage shared that they are happy with the transition.
12. Adjourn.
With no further business before the board, it was moved by Kurtenbach seconded by
Young that the meeting be adjourned at 4:30 p.m. Voice vote-Ayes: Five. Motion carried.
Kelley Felchle
Board Secretary
TELECOMMUNICATIONS UTILITY
BOARD OF TRUSTEES
City Council Chambers
May 9, 2024
9:00 a.m.
1. Members present: Van Fleet, Kurtenbach, Young and Wienands. Absent: Batemon
2. Moved by Kurtenbach seconded by Young that the agenda as presented, be
approved. Voice vote-Ayes: Four. Motion carried.
3. Moved by Young seconded by Wienands to approve an agreement with Paymentus,
for credit card payment processing and integration into the billing software and
authorizing the General Manager to Telecommunications to execute said document.
Voice vote-Ayes: Four. Motion carried.
Eric Lage, General Manager, provided an overview of the software and how it
integrates into the billing software. He shared that the credit card fee would be
passed along to the consumer however, the ACH payment fees would be absorbed
by the utility. He noted that Paymentus is used by other larger utilities, such as
MidAmerican Energy.
The board discussed the agreement with the general manager.
4. Moved by Kurtenbach seconded by Wienands to approve an agreement with 3-GIS
LLC for Fiber Optic Network Asset Management software, in the amount of
$111,850 over 3 years, in conjunction with the FY2024 Fiber Optic Network Asset
Management RFP, Contract No. 1098, and authorizing the General Manager to
execute said document. Voice vote-Ayes: Four. Motion carried.
Mr. Van Fleet noted that the agreement was sent to utility legal experts at Ahlers and
Cooney for additional review due to the complex nature of the software contract and
sharing the software with the city. He noted that legal review checked out and that
the agreement is up for approval.
5. Adjourn.
With no further business before the board, it was moved by Kurtenbach seconded by
Wienands that the meeting be adjourned at 9:12 a.m. Voice vote-Ayes: Four. Motion
carried.
Kelley Felchle
Board Secretary
CITY OF _. .
IOWA
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TodaI Date:
Effective Date:
Employment Date:
4/18/2024
4/8/2024
11212024
trloo Fier
Notice of
Lryiployryient
Severance
Department: Waterloo Fiber
Job Classification: Field Service Tech I
Employee Name: Mia Tien
The employment with the named City of Waterloo employee has been severed by reason of:
❑ Retired
Disability Related ❑ No ❑ Yes
0 Resigned
❑ Termination
❑ Other
In accordance with City Policy, it is requested to allow payment which consists of the following:
Vacation -Accrued 0 $ - $ -
Vacation -Current 80 $ 24.18 $ 11934,40
Usable Sick Leave 0 $
Casual Hours 0 $
Comp Time Pay 0 $
Unscheduled Leave 0 $
Other Pay 0 $ -
Comments Waterloo Fiber follows their own EHB for
Approved by
Human Resources
Fiber Board Agenda Date:
Date 4/18/2024
Date 4/18/2024
SEPARATION AGREEMENT AND GENERAL RELEASE
This Separation Agreement and General Release (hereinafter "Agreement") is made and
entered into between Mia Tien (hereinafter "Employee"), and Waterloo fiber (hereinafter
"Employer") for the consideration and mutual promises hereinafter stated.
WHEREAS, Employee's last day of employment with the Employer was on April $,
2024;
WHEREAS, Employee and the Employer agree that both parties are voluntarily entering
this Agreement with a reasonable belief that it will be in the best interests of the Employer and
Employee and serves a public purpose; and
WHEREAS, Employee and the Employer desire to effectuate this Separation and settle
all potential outstanding issues or claims between them in accordance with the terms and
conditions stated in this Agreement.
NOW, THEREFORE, for good and valuable consideration and the mutual promises
contained herein, it is understood and agreed by and between each of the parties as follows:
1. Employer's Obligations. It is understood and agreed by and between each of the
parties to this Agreement that as full, sufficient, and complete consideration for Employee's
promises regarding Employee's Separation and the releases made herein, the Employer will
provide Employee a monetary payment in the amount of $1,934.40 (One thousand nine hundred
thirty-four dollars and forty cents) less required withholdings.
2. No Application, No rehire. Employee agrees that in consideration of the
payments and representations described in this Agreement, Employee shall not seek
employment, re-employment, or reinstatement with the Employer, in any capacity, whether full-
time, part-time, or temporary, nor shall Employee be entitled to re-employment by the Employer.
3. No Admission of Liability. It is understood and agreed that this is a compromise
of any and all potential claims by Employee against the Employer, and that neither this
Agreement itself, the offering of it, nor the furnishing of the consideration for this Agreement
shall be deemed or construed at any time for any purpose as an admission of anyone's liability or
responsibility for any wrongdoing of any kind.
4. Reference. If contacted by prospective employers, the Employer will respond to
reference checks by only providing information about Employee's position with the Employer,
Employee's dates of employment, and rate of pay. All prospective employers should be referred
to the Employer's General Manager to assure compliance with this provision.
5. Full and Comprehensive Release. Employee, with full understanding of the
contents and legal effect of this Release, freely and voluntarily promises to and does hereby
completely release and forever discharge the Employer and its respective officers, directors,
agents, and employees, from any and all claims, of any and every kind, nature, and character,
including any and all claims for attorneys' fees and costs which Employee may now have, or has
ever had, against the Employer and/or any affiliated officers, directors, agents, employees,
successors and assigns, which arose in whole or in part from employment with the Employer and
any other dealings of any kind between Employee and the Employer and/or any officer, director,
agent or employees of the Employer, which have transpired prior to the execution of this
Release, including but not limited to any and all claims, rights, demands, and causes of action of
any and every kind, whether arising out of wrongful discharge, discrimination, alleged violations
of any alleged contract, breach of any covenant of good faith and fair dealing, any personal
injury, any tort, or any statute, including but not limited to, Age Discrimination in Employment
Act, Title VII of the Civil Rights Act of 1964, as amended, The Civil Rights Act of 1991, the
Americans With Disabilities Act, the Family and Medical Leave Act, The Employee Retirement
Income Security Act of 1974, as amended, the Iowa Civil Rights Act, Iowa Wage Payment
Collection, claims under any local rule, state or federal statute, claims under common-law,
claims for breach of contract, claims for any tort, claims for any wrongful discharge, or any other
claims which could have been but have not been asserted which Employee may now have or has
ever had.
6. Covenant Not to Sue. At no time subsequent to the execution of this Agreement
will Employee file or maintain, or cause or knowingly permit the filing or maintenance of, in any
state, federal, or foreign court, or before any local, state, federal, or foreign administrative
agency, or any other tribunal, any charge, claim, or action of any kind, nature, and character
whatsoever, known or unknown, which he may now have, or has ever had against the Employer
and/or any officer, director, employee, or agent of the Employer.
7. Complete Release. It is understood and agreed that Employee and the Employer
are currently unaware of any claim, right, demand, debt, action, obligation, liability, or cause of
action that either party may have against the other and/or any of their respective officers,
directors, agents, or employees which has not been released in this Agreement. The Employer
and Employee acknowledge that they have not assigned, sold, conveyed, or otherwise transferred
any claim released by this Agreement.
8. Public Records Acknowledgement. It is understood and agreed that this
Agreement shall be treated as a public record under the Iowa Public Records Act and that
Employee's separation from employment is a termination subject to the disclosure provisions of
Iowa Code section 22.7(11).
9. Counsel and Voluntary Agreement. Employee represents that Employee has
had the right and opportunity to be represented by counsel of Employee's own choosing in the
negotiations for and preparation of this Release, that Employee is not relying on any
representations that may have been made by the Employer or any of its employees or
representatives that are not set out herein, that Employee has read this Agreement, that Employee
is fully aware of its contents and of its legal effect, and that Employee freely and voluntarily
enters into it.
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10. Iowa Law. This Agreement shall be construed and governed by the laws of the
State of Iowa. The parties hereto further agree that if, for any reason, any provision hereof is
void or unenforceable, the remainder of this Agreement shall nonetheless remain binding and in
effect.
11. Entire Agreement. This Agreement fully supersedes any and all prior
agreements or understandings between the parties hereto and sets forth the entire agreement
between the parties hereto pertaining to the subject matter hereof.
12. Board Approval and Effective Date. This Agreement is subject to approval by
the Board of Trustees for the Employer and shall become effective only upon approval by the
Board. Should the Board reject or otherwise fail to accept this Agreement, this Agreement shall
be deemed null and void in its entirety.
46
Mia Tien Date
Waterloo Fiber
02338375Q4268-000
Date
1
WATERLOO FIBER
MUNICIPAL COMMUNICATIONS UTILITY
CONFIDENTIAL INFORMATION AND PUBLIC RECORD REQUEST POLICY
1. DEFINITIONS
As used in this Policy, unless the context otherwise clearly requires, the following terms have the
following meanings:
A. “Board” means the Board of Trustees of the Utility, as established under and
governed by Iowa Code chapter 388.
B. “City” means the City of Waterloo, Iowa. For purposes of this Policy, “City” does not
include the Board or the Utility.
C. “Competitive or Proprietary Information” includes but is not limited to Trade Secret
information and information the Utility is authorized to keep confidential pursuant to
Iowa Code § 388.9.
D. “Confidential Information” means Competitive or Proprietary Information disclosed
to an individual Employee of the Utility or known to that Employee as a consequence
of the Employee’s employment at the Utility, is not generally known outside of the
Utility, or is protected by law, and the release of such information could result in
negative financial impacts or competitive actions, productivity loss, or which could
cause legal or other non-beneficial or adverse impacts on the Utility. Confidential
Information includes but is not limited to Confidential Records.
Confidential Information may be any communication, information, compilation,
composition, or narrative in any media or format – whether oral, printed, or
electronic, including in computerized databases or on paper. Confidential Information
includes, but is not limited to – Confidential Records; social security numbers; certain
payroll and personnel records; health information; self-restricted personal data; credit
card information; information relating to intellectual property such as an invention or
patent; passwords and other software, hardware, network, or IT system or technology-
related information; Utility financial and account information; and other Trade Secret
or non-public Competitive or Proprietary Information of or maintained by the Utility
such as legal documents, research data, and information protected by law or by
agreement of the parties.
E. “Confidential Record” means a Public Record or other information that,
notwithstanding Iowa Code § 22.2(1), the Utility is required or authorized to keep
confidential. A Confidential Record may include but is not limited to information
exempt from disclosure under Iowa Code §§ 22.7, 388.9, or 388.9A, or under other
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applicable state or federal laws.
F. “Contractor” means agents, entities, legal persons, or natural person paid by the
Utility to perform services under contract. Contractor does not include an Employee.
G. “Employee” means a natural person employed for wages by the Utility.
H. “Public Record” means the same as defined in Iowa Code § 22.1.
I. “Trade Secret” means the same as defined in Iowa Code § 550.2, and includes
information protected as trade secret under the common law.
J. “Utility” means the Municipal Communications Utility of the City of Waterloo, also
known as “Waterloo Fiber.”
2. PURPOSES
The purposes of this Confidential Information Policy (“the Policy”) are as follows:
A. To establish policies and procedures governing the creation, handling, and disclosure
of the Utility’s own Confidential Information and the Confidential Information of
others that is known to or maintained by the Utility.
B. To address the proper management of Confidential Information in a number of
contexts, including public meetings of the Utility’s Board of Trustees, Public Records
requests and other open government requirements, communications between the
Utility and the news media and other public relations matters, communications
between the City and the Utility, and internal controls and access management.
C. To balance the need to protect Confidential Information with the public’s right to
access Public Records.
D. To provide guidance from the Board to the General Manager of the Utility in
implementing the Policy effectively and consistently.
E. To ensure that the Utility is able to do necessary business with private sector entities
and to compete on a level playing field with other telecommunications providers.
Note: This document is intended to serve as a set of guiding principles for the Utility. Nothing in
this policy shall be interpreted as contrary to the principles of open government or to limit the
discretion of the Utility, as the custodian of Public Records, to release information the Utility
reasonably believes is required by law or in the public interest.
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3. PUBLIC MEETINGS OF THE BOARD
In order to balance the Utility’s need to protect Confidential Information, including the
Confidential Information of itself and of third parties, with the requirements of Iowa Code
chapter 21 (“the Open Meetings Law”), the Utility hereby adopts the following policies and
procedures relating to meetings of the Board:
A. Pursuant to Iowa Code § 21.5, the Board may hold a closed session only to the extent
a closed session is necessary for certain reasons. Among those reasons is “To review
or discuss records which are required or authorized by state or federal law to be kept
confidential…”
B. Iowa Code § 22.7 provides for several types of records to be kept confidential.
Therefore, the Board may hold a closed session to discuss records that contain
Confidential Information, to the extent permitted by law.
C. Iowa Code § 22.7(3) authorizes the Utility to keep Trade Secret information
confidential. To the extent that information must be the subject of reasonable efforts
to maintain its secrecy in order to be protected as Trade Secret information, the Board
risks harming the economic interests of the Utility or of third parties if such
information is not kept confidential. Therefore, the Board may hold a closed session
to discuss records that contain Trade Secret information, to the extent permitted by
law.
D. Iowa Code § 388.9 provides that the Board may hold a closed session to discuss
marketing and pricing strategies or proprietary information if the Utility’s competitive
position would be harmed by public disclosure not required of potential or actual
competitors. Similarly, Iowa Code § 388.9 also authorizes the Board and the Utility to
keep confidential certain proprietary information, records of customer names and
accounts, records associated with marketing or pricing strategies, preliminary
working papers, spreadsheet scenarios, and cost data, if the competitive position of
the Utility would be harmed by public disclosure not required of a potential or actual
competitor. Therefore, the Board may hold a closed session to discuss records that
contain Competitive or Proprietary information, to the extent permitted by law.
E. Iowa Code § 388.9A authorizes the Board and the Utility to keep confidential certain
private customer information. Therefore, the Board may hold a closed session to
discuss records that contain private customer information, to the extent permitted by
law.
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4. PUBLIC RECORDS REQUESTS
In order to balance the Utility’s need to protect Confidential Information, including the
Confidential Information of itself and of third parties, with the requirements of Iowa Code
chapter 22 (“the Open Records Law”), the Utility hereby adopts the following policies and
procedures relating to requests for Public Records:
A. The Utility endeavors to respond to all requests for information and documents within
the constraints of Iowa law, including Iowa Code Chapters 22 and 388. In responding
to such requests, the Utility recognizes the right of the public to access Public
Records maintained by the Utility while also recognizing that certain records
maintained by the Utility are Confidential Records exempt from public disclosure
requirements. A request to access Confidential Records may require the Utility to
balance the right of the public to access the records with individual privacy rights,
economic interests, competitive or proprietary interests, governmental interests,
confidentiality issues, and attorney-client privilege issues. Therefore, the Utility will
carefully consider the rights of all parties with an interest in the Public Records and
will undertake reasonable efforts to maintain the privacy of Confidential Information.
B. Additionally, when the Utility responds to requests to inspect or copy records, costs
are incurred by the Utility. This policy is adopted to balance these competing
interests, to establish an orderly and consistent procedure for responding to Public
Records requests, and to support the adoption of a fee schedule designed to recover
the Utility’s actual costs incurred in responding to Public Records requests.
C. The Utility will attempt to respond to all open record requests in a timely manner and
in compliance with applicable law. However, the Utility will not create new records
and in its discretion may refuse to make novel compilations of existing records if such
compilations do not already exist.
D. The Utility may charge the fees set forth below when records and documents are
requested by the public. These fees are established for the purpose of recovering the
actual costs incurred when responding to open records requests and include the
equipment and supply costs as well as the retrieval time and staff resources required
in satisfying a request from the public for a Public Record. The person requesting the
Public Record shall receive the requested records after all costs are paid. No records
shall be released until full payment is received by the Utility.
E. Schedule of Fees and Charges
Format of Records
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Photocopies $0.25 per page for color or
black and white
USB drive $10.00
CD/DVD $10.00
Routinely prepared or bound
reports
Actual costs
Employee Costs
Hourly wage rate for the clerical
time needed for the reproduction of
records
Actual cost(s) of
Employee time if time
involved exceeds 30
minutes
Hourly rate for professional staff
time needed to produce or review
the documents
Actual cost(s) of
Employee time if time
involved exceeds 30
minutes
The Utility reserves the right to adjust the above schedule of fees and charges in the
event of unanticipated costs.
The General Manager of the Utility may waive or adjust the schedule of fees and
charges if doing so is reasonably determined to be in the public interest.
F. Requests requiring up to thirty minutes of total work time to fulfill the request shall
be considered routine. Fees for routine requests are limited to the actual cost of
record duplication. All fees must be paid prior to receiving the requested record.
G. Requests estimated to take longer than thirty minutes to complete shall be considered
non-routine. The first thirty minutes of employee labor required to fulfill the request
will not be waived. The Utility shall make a good faith estimate of the time and cost,
including employee labor, to retrieve and copy the requested records. An estimate of
the cost shall be made in writing and provided to the Requestor prior to commencing
work on the request.
H. Requests for employee or board member emails or text messages are considered non-
routine. The Requestor is encouraged to include a date range, topics to search in
emails, and note if sent and/or received emails of an account are requested. Emails or
text messages that meet the search parameters will be provided to the Requestor as a
photocopy.
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I. No original public records or documents can be removed from the premises on which
they are stored. Parties requesting the inspection of Public Records may do so at a
date and time during regular business hours of the Utility and in an on-premises room
as arranged by the General Manager. The Utility may charge a reasonable fee for staff
time involved in supervising the examination and copying of the records. Such fees
shall not exceed the actual costs of providing the service.
5. MEDIA AND PUBLIC RELATIONS AND COMMUNICATIONS
In order to balance the Utility’s need to protect Confidential Information, including the
Confidential Information of itself and of third parties, with the need to build public trust through
effectively managing public relations and communications, the Utility hereby adopts the
following policies and procedures relating to media and public relations and communications:
A. Because the intentional or inadvertent release of Confidential Information could
damage the economic interests or legal rights of the Utility or third parties, the
General Manager of the Utility may designate a single point of contact to handle all
matters related to external media and public relations and communications. The
General Manager of the Utility may require all such communications to be directed to
that point of contact.
B. The General Manager of the Utility may also designate a single point of contact to
handle public internet and social media communications.
C. The Employees serving as designated points of contact for public relations and media
communications shall manage such communications in conformance with this Policy.
6. COMMUNICATIONS AND COORDINATION WITH THE CITY
In order to balance the Utility’s need to protect Confidential Information, including the
Confidential Information of itself and of third parties, with the need to communicate and
properly coordinate within city government, the Utility hereby adopts the following policies and
procedures relating to coordination with the City:
A. The City and the Utility may utilize the same staff and service providers for
information technology and management. The Utility will undertake reasonable
efforts to ensure that access to the Utility’s Confidential Information is restricted
solely to those Employees and individuals who need to know the information.
B. The City and the Utility also have a need to share information regarding the City’s
“fiber backbone” and the Utility’s telecommunications fiber system in the city as well
as the facilities of other utilities to ensure the proper management of the right-of-way.
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The Utility will undertake reasonable efforts to ensure that access to such critical
infrastructure information is restricted solely to those Employees and individuals who
need to know the information.
C. The Utility may utilize non-disclosure agreements with the City for the protection of
Confidential Information to the extent allowed by law.
D. The General Manager of the Utility may designate a single point of contact to handle
communications with the City regarding Confidential Information.
7. MANAGEMENT OF ACCESS TO INFORMATION WITHIN THE UTILITY
The Utility recognizes that certain information and records, including communications between
Employees, such as email and text messages, are Public Records. The Utility also recognizes that
such communications may contain Confidential Information.
In order to balance the Utility’s need to protect Confidential Information, including the
Confidential Information of itself and of third parties, with the need to communicate and
properly manage internal operations, the Utility hereby adopts the following policies and
procedures relating to the Utility and its Employees:
A. The Utility will undertake reasonable efforts to identify Confidential Information,
including but not limited to the use of file names, watermarks, and the like as well by
storing Confidential Information in dedicated locations in its file systems.
B. The Utility will undertake reasonable efforts to restrict physical access to information
identified as Confidential Information.
C. The Utility may adopt provisions in its employee manual or handbook regarding
Confidential Information that are applicable to Employees. The General Manager of
the Utility, in his or her discretion, may also require certain Employees to enter into
non-disclosure agreements as a condition of employment at the Utility.
D. The Utility will endeavor to provide regular training in the proper handling of
Confidential Information and the requirements of this Policy.
E. Employees who fail to abide by the requirements of the employee manual or
handbook, the conditions of an employment agreement, a non-disclosure agreement,
or the requirements of this Policy may be subject to discipline up to and including
suspension or termination.
02316911\24268-000
WATERLOO TELECOMMUNICATIONS UTILITY
(“WATERLOO FIBER”)
ALCOHOL AND DRUG ABUSE POLICY
5/15/2024
ALCOHOL AND DRUG ABUSE POLICY WATERLOO TELECOMMUNICATIONS UTILITY (“WATERLOO FIBER”)
TABLE OF CONTENTS
Purpose …………………………………………………………………………………………… 1
Policy……………………………………………………………………………………………… 2
Definitions ……………………………………………………………………………………….. 2
Drug or Alcohol Abuse as a Disability …………………………………………………………… 3
Application ……………………………………………………………………………………….. 3
Employee Responsibilities………………………………………………………………………… 3
Supervisor Responsibilities & Guidelines………………………………………………………… 4
Post-Job-Offer Physicals …………………………………………………………………………. 5
"Probable Cause" Testing …………………………………………………………………………5
Disciplinary Action ……………………………………………………………………………… .6
Employee Appeal ………………………………………………………………………………….7
Confidentiality ……………………………………………………………………………………. 8
Right to Representation …………………………………………………………………………… 8
Presumption of Influence of Intoxicants…………………………………………………………… 9
Test Results ………………………………………………………………………………………...9
City to Refrain from Filing Criminal Charges……………………………………………………. ..9
Employees Suffering from an Addiction to or
Dependency on Drugs and/or Alcohol……………………………………………………. ……….9
City Action Subject to Applicable
Grievance Procedures ……………………………………….……………………………………10
Appendix -- Alcohol & Drug Abuse Policy Report Form ………………………………………...11
ALCOHOL AND DRUG ABUSE POLICY
WATERLOO TELECOMMUNICATIONS UTILITY (“WATERLOO FIBER”)
PURPOSE
It is the intention of this policy to eliminate substance abuse and its effects in the
workplace. While Waterloo Telecommunications Utility (“Waterloo Fiber” or the “Utility”)
has no intention of intruding into the private lives of its employees, involvement with drugs
and alcohol off the job can take its toll on job performance and employee safety. Our
concern is that employees are in a condition to perform their duties safely and efficiently, in
the interests of their fellow workers and the public as well as themselves. The presence of
drugs and alcohol on the job, and the influence of these substances on employees during
working hours, are inconsistent with this objective.
Employees who think they may have an alcohol or drug usage problem are urged to
voluntarily seek confidential assistance from the Employee Assistance Program. While
Waterloo Fiber will be supportive of those who seek help voluntarily, we will be equally firm
in identifying and disciplining those who continue to be substance abusers and do not
seek help or continue substance abuse even while enrolled in counseling or rehabilitation
programs.
Supervisors will be trained to recognize abusers and become involved in this control
process. Alcohol or drug abuse will not be tolerated, and disciplinary action, up to and
including termination, will be used as necessary to achieve this goal.
This policy provides guidelines for the detection and deterrence of alcohol and drug abuse.
It also outlines the responsibilities of Waterloo Fiber supervisors and employees. To that
end the Utility will act to eliminate any substance abuse (alcohol, illegal drugs, prescription
drugs or any other substance which could impair an employee's ability to safely and
effectively perform the essential functions of the particular job) that increases the potential
for accidents, absenteeism, substandard performance, poor employee morale or damage
to Waterloo Fiber's reputation. All persons covered by this policy should be aware that
violations of the policy may result in discipline, up to and including termination, or in not
being hired.
In recognition of the public service responsibilities entrusted to the employees of Waterloo
Fiber, and that drug and alcohol usage can hinder a person's ability to perform duties
safely and effectively, the following policy against drug and alcohol abuse is hereby
adopted by Waterloo Fiber.
POLICY
It is Waterloo Fiber policy that an employee shall not utilize, be under the influence of or in
possession of alcohol or drugs while on Utility property during the employee's assigned
work hours or any hours for which the employee is being compensated by the Utility; also,
an employee shall not utilize or be under the influence of alcohol or drugs when subject to
being called to duty. An employee shall not sell or provide drugs or alcohol to any other
employee while such employee is on duty or subject to being called to duty or to any other
person while on duty. An employee shall not have their ability to work safely and
effectively impaired as a result of the use of alcohol or drugs.
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The Utility, by and through its supervisory personnel, shall have the right to immediately
discipline an employee for any violation of this policy. The disciplined employee shall be
immediately removed from their work station and shall forfeit all right to compensation for
those hours not worked as a result of this discipline.
While use of medically prescribed medications and drugs is not per se a violation of this
policy, failure by the employee to notify their supervisor, before beginning work, when
taking medications or drugs which could foreseeably interfere with the safe and effective
performance of duties or operation of the Utility equipment may result in discipline, up to
and including termination. In the event there is a question regarding an employee's ability
to safely and effectively perform assigned duties while using such medications or drugs,
clearance from a qualified physician may be required.
The Utility reserves the right to search, without employee consent, all areas and property
in which the Utility maintains control or joint control with the employee. Otherwise the
Utility may notify the Police Department that an employee may have illegal drugs in their
possession or in an area not jointly or fully controlled by the Utility.
Refusal to submit immediately to an alcohol and/or drug analysis when requested by a
Utility supervisor or law enforcement personnel may constitute insubordination and may be
grounds for disciplinary action, up to and including termination of employment.
Employees reasonably believed to be under the influence of alcohol or drugs shall be
prevented from engaging in further work and shall be detained for a reasonable time until
they can be safely transported from the work site.
DEFINITIONS
For the purposes of the administration of this Policy, the following terms shall have these
meanings:
1. Operational Employee--employee whose job description and/or regular
responsibilities require the operation of a motor vehicle, nonclerical moving
equipment, or exposure to dangerous or perilous situations.
2. Clerical/Administrative Employee--employee not considered an operational
employee.
3. Intoxication--reporting for work under the influence of an intoxicating substance,
including but not limited to alcohol, non-prescription or unprescribed controlled
substances, or prescribed controlled substances when used in excess of doctor's
orders to produce a state of intoxication. Such phrase shall include the intoxication
of an employee at the commencement of or at any time during an employee's
assigned work hours and/or during any hours for which an employee is being
compensated by the Utility.
DRUG OR ALCOHOL ABUSE AS A DISABILITY
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The Utility is committed to providing reasonable accommodation to those employees
whose drug or alcohol problem classifies them as disabled under federal and/or state law.
The Utility has established a voluntary Employee Assistance Program (EAP) to assist
those employees who voluntarily seek help for alcohol or drug problems. The EAP
counselor may be contacted by calling the number of the designated EAP directly or by
requesting assistance through a supervisor or the Personnel Department.
APPLICATION
This policy applies to all employees of and to all applicants for positions with the Utility.
This policy applies to alcohol and to all substances, drugs, or medications, legal or illegal,
which could impair an employee's ability to effectively and safely perform the functions of
the job.
While the use of medical marijuana has been legalized under Iowa state law, it remains an
illegal drug under federal law; therefore, employees may not consume or be under the
influence of marijuana while on duty or at work. If you have a valid Iowa prescription for
medical marijuana, refer to the Utility’s “Disability Accommodation” policy in Section 3:4 of
the employee handbook for additional information. Valid Iowa medical marijuana
prescriptions are accepted for some employees, excluding CDL employees. Please see
our full “Drug and Alcohol Testing – Commercial Driver’s License” policy for further details
on CDL drug testing guidelines.
EMPLOYEE RESPONSIBILITIES
An employee must:
1. Not report to work or be subject to duty while their ability to perform job duties is
impaired due to on or off duty alcohol or drug use.
2. Not possess or use alcohol or impairing drugs (illegal drugs and prescription drugs
without a prescription) during working hours or while subject to duty, on breaks,
during meal periods or at anytime while on Utility property or in Utility vehicles.
3. Not directly or through a third party sell or provide drugs or alcohol to any person,
including any employee, while either employee or both employees are on duty,
subject to being called to duty, or being compensated by the Utility.
4. Submit immediately to an alcohol and drug test when requested by a responsible
Utility representative.
5. Notify their supervisor, before beginning work, when taking any medications or
drugs, prescription or nonprescription, which may interfere with the safe and
effective performance of duties or the operation of Utility equipment.
6. Provide within 24 hours of request bona fide verification of a current valid
prescription for any potentially impairing drug or medication identified when a drug
4
profile screen is positive. The prescription must be in the employee's name.
SUPERVISOR RESPONSIBILITIES AND GUIDELINES
1. Supervisors are responsible for reasonable enforcement of this policy.
2. Supervisors may request that an employee submit to a drug and/or alcohol test
when a supervisor has probable cause to believe that an employee is intoxicated or
under the influence of drugs or alcohol while on the job, subject to being called to
duty, or being compensated by the Utility.
"Probable cause" is defined as having more evidence for than against (Black's Law
Dictionary, 5th Edition), leading a reasonably prudent supervisor to suspect an
employee is under the influence of drugs/alcohol so the employee's ability to
perform the functions of the job is impaired or so the employee's ability to perform
their job safely is reduced.
For example, any of the following, alone or in combination, may constitute probable
cause:
a. Slurred speech.
b. Alcohol odor on breath.
c. Unsteady walking and movement.
d. An accident involving Utility property, where it appears the employee's
conduct is at fault.
e. Physical or verbal altercation.
f. Possession of alcohol or drugs.
g. Information obtained from a reliable person with personal knowledge.
3. Any supervisor requesting an employee to submit to a drug and/or alcohol test
should document in writing the facts constituting probable cause that the employee
in question is intoxicated or under the influence of drugs (see Appendix).
4. Any supervisor encountering an employee who refuses an order to submit to a drug
and/or alcohol analysis upon request shall remind the employee of the
requirements and disciplinary consequences of this policy. Where there is probable
cause that the employee is then under the influence of alcohol or drugs, the
supervisor should arrange for the employee to be safely transported home.
5. A supervisor shall not physically search the person of an employee, nor shall they
search the personal possessions of an employee without the freely given written
consent of, and in the presence of, the employee.
6. A supervisor shall notify their department head or designee when they have
probable cause to believe that an employee may have illegal drugs in their
possession or in an area not jointly or fully controlled by the Utility. If the
department head or designee concurs that there is probable cause of illegal drug
possession, the department head shall notify the Police Department and the
5
Personnel Department.
POST-JOB-OFFER PHYSICALS
Those applicants whose use of drugs and/or alcohol could affect required job standards,
duties or responsibilities, causing danger to the health and safety of others or themselves
or could cause damage to vehicles or property will be required to undergo drug and
alcohol testing as part of a post-job-offer physical examination. Notice of the testing will be
part of any notice or advertisement soliciting applicants for employment and an applicant
will be personally informed of the requirement for a drug test at the first interview. The
applicant will be tested for any substance, which could impair the ability to effectively and
safely perform the functions of the job. This may include but is not necessarily limited to
amphetamines, barbiturates, benzodiazepines, cannabinoids, cocaine, methaqualone,
opiates, phencyclidine, and alcohol.
If a test result indicates the presence of alcohol or an illegal drug, a second test of the
same specimen using an alternate method of analysis will be conducted. If this test also
indicates a positive result, the applicant must provide within 24 hours of request bona fide
verification of a valid current prescription for the drug identified in the drug screen. If the
prescription is not in the applicant's name or the applicant does not provide acceptable
verification, or if the drug is one that is likely to impair the applicant's ability to perform the
essential job functions, the applicant will not be hired.
"PROBABLE CAUSE" TESTING
"Probable cause" testing will be performed when an employee is suspected of reporting for
work under the influence of drugs or alcohol, consuming drugs or alcohol during a work
shift or during any hours for which the employee is being compensated by the Utility,
and/or possession of drugs or alcohol on or in Utility property used for the delivery of Utility
services during an employee's assigned work hours or any hours for which the employee
is being compensated by the Utility.
An employee under "probable cause" testing will be tested for any substance, which could
impair the ability to effectively and safely perform the functions of the job. This may
include but is not necessarily limited to amphetamines, barbiturates, benzodiazepines,
cannabinoids, cocaine, methaqualone, opiates, phencyclidine, and alcohol.
If a test result indicates the presence of alcohol or an illegal drug, a second test of the
same specimen using an alternate method of analysis will be conducted. If this test also
indicates a positive result, the employee must provide within 24 hours of the request bona
fide verification of a valid current prescription for the drug identified in the drug screen. If
the prescription is not in the employee's name or the employee does not provide
acceptable verification, or if the drug is one that is likely to impair the employee's ability to
perform essential job functions the employee is subject to disciplinary action up to and
including discharge.
"PROBABLE
6
If an alcohol or drug test is positive, the Utility will conduct an investigation to gather all
facts. The decision to discipline or discharge will be carried out in conformance with the
applicable disciplinary procedure.
If an alcohol or drug test is negative, the employee will receive their regular rate of
compensation for all hours they would have been regularly scheduled to work from and
after the time they were removed from their work station until the time they were notified to
return to their regularly scheduled job duties.
DISCIPLINARY ACTION
Any employee who violates this Policy, will, in addition to being immediately suspended,
and absent an appeal or upon an unsuccessful appeal, be disciplined as follows:
1. Ten (10) Day Suspension Without Pay
An employee will be suspended for a period of up to ten (10) days without pay for
possession of alcohol or illegal drugs or for admitted intoxication immediately prior
to commencement of work during either regular hours or scheduled standby.
2. Thirty (30) Day Suspension Without Pay
An employee will be suspended for a period of thirty (30) days without pay for any
of the following:
a. Consumption on the job by either an operational or a clerical/administrative
employee--first offense.
b. Intoxication on the job of a clerical/administrative employee--first offense.
c. Intoxication of an operational employee discovered prior to their
commencement of work--first offense.
3. Discharge
An employee will be discharged for any of the following:
a. Consumption on the job by either an operational or a clerical/administrative
employee--second offense within three years.
b. Intoxication on the job of a clerical/administrative employee--second offense
within three years.
c. Intoxication of an operational employee discovered prior to their
commencement of work--second offense within three years.
d. Intoxication of an operational employee discovered during an employee's
assigned work hours and/or during any hours for which the Utility is
compensating an employee.
e. Intoxication of any employee to a level in excess of twice the presumptive
level established herein during an employee's assigned work hours and/or
during any hours for which the Utility is compensating an employee.
EMPLOYEE APPEAL
An employee who disputes the decision of his/her supervisor regarding discipline for drug
or alcohol related activity has the right to immediately appeal the decision as follows:
7
1. Within the first two (2) hours after the employee has been disciplined, the
employee, in order to appeal the discipline, must provide either or both of the
following:
a. Information, under oath, including but not limited to, the date, place, time
period, type and amount of intoxicant last consumed before reporting for
work.
b. Submit one or more substances from their body for a chemical test. The
Utility has the initial right to determine which substance of the following will
be tested: blood, urine, or breath. The employee has the right to refuse to
allow blood to be withdrawn and, in this event, the Utility will select an
alternate test of either of the two remaining substances. Only persons
authorized to perform such functions pursuant to the laws of the State of
Iowa will perform the withdrawal of the body substances and the chemical
test. The supervisor will take an employee desiring to be tested immediately
to a local medical facility where the test will be administered. After
completion of the test, unless the results are immediately known, the
employee will be taken to his/her place of residence. Further action by the
Utility will depend on the result of the test(s) performed.
2. When the results of the chemical test are received, the Utility will notify the
employee of the results.
a. An employee who has been disciplined for reporting for work under the
influence of intoxicants whose test result shows the absence of intoxication
at a level in excess of the presumptive level established by the Code of Iowa
is entitled to his/her regular rate of pay for all hours he/she would have been
regularly scheduled to work from and after the time he/she was removed
from the job until the time he/she was notified to return to his/her regularly
scheduled work with the Utility.
b. An employee who has been disciplined for consumption of intoxicants during
a work shift whose test result shows an absence of any intoxicants or an
intoxication level that agrees with his/her reported consumption prior to
reporting for work based on information previously provided under oath and
below the presumptive level established by the Code of Iowa is entitled to
his/her regular rate of pay for all hours he/she would have been regularly
scheduled to work from and after the time he/she was suspended from the
job until the time he/she was notified to return to his/her regularly scheduled
work with the Utility.
c. A disciplined employee whose test result reveals a level of intoxicants in
excess of the presumptive levels established by the Code of Iowa or
inconsistent with previously reported consumption will continue to be
suspended or terminated based on the terms and provisions listed under
Disciplinary Action in this Policy.
CONFIDENTIALITY
Laboratory reports or test results will not appear in an employee's general personnel file.
Information of this nature will be contained in a separate confidential medical file that will
8
be securely kept under the control of the Personnel Department and Insurance
Coordinator. The reports or test results may be disclosed to management personnel 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 law 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; (4) the information is needed by medical
personnel for the diagnosis or treatment of the patient who is unable to authorize
disclosure.
RIGHT TO REPRESENTATION
Employees do not have a right to representation during this process.
PRESUMPTION OF INFLUENCE OF INTOXICANTS
The result of the chemical test will be scrutinized in the same fashion and graded in the
same manner as the tests performed on a person suspected of operating a motor vehicle
while intoxicated under the terms and provisions of the Code of Iowa. Consequently, an
employee will be considered under the influence of intoxicants when the level of drugs
and/or alcohol in the body exceed those levels at which a person operating a motor
vehicle would be considered under the influence of an intoxicant.
TEST RESULTS
The Utility will send a copy of the test results to the employee.
CITY TO REFRAIN FROM FILING CRIMINAL CHARGES
The Utility agrees to refrain from filing criminal charges, based solely on the results of the
chemical test and information provided by the employee regarding drug or alcohol use,
against any employee who appeals the discipline imposed by supervisory personnel by
submitting to a chemical test based on this Policy. Any disciplined employee who appeals
the discipline based on this Policy waives any objection to the admissibility of the results of
the test in any action commenced by the employee against the Utility based on
enforcement of this Policy.
EMPLOYEES SUFFERING FROM AN ADDICTION TO OR
DEPENDENCY ON DRUGS AND/OR ALCOHOL
Any employee subject to discipline based on this Policy will be exempted from this
discipline if he/she signs a written statement admitting to the addiction or dependency
within thirty-six (36) hours after the discipline, subject to the following:
1. The employee will be required to report to a recognized substance abuse treatment
center for examination and evaluation before he/she will be allowed to return to
work with the Utility. Following the examination, the employee will be required to
provide written verification from the treatment center of the diagnosed addiction or
9
dependency. Failure to obtain this verification will result in forfeiture of the
exemption from discipline.
2. The employee will be required to obtain from the treatment center and provide to
the Utility a written plan of treatment. The employee must also submit to and
comply with the recommended treatment plan. During treatment, the employee
can, if desired, claim sick leave benefits, personal days, compensatory time, and/or
vacation days (to the limit of benefits that are earned or accrued). When accrued or
earned benefits have been exhausted, the employee will be placed on a leave of
absence. Failure to cooperate or comply with the treatment program will result in
forfeiture of the employee's exemption from discipline.
3. The employee, after satisfactorily completing the treatment program, will have the
right to return to Utility employment, as follows:
a. An employee whose treatment is completed in forty-five (45) days or less will
be entitled to return immediately to full time employment with the Utility,
consistent with his/her qualifications and seniority rights.
b. An employee whose treatment requires more than forty-five (45) days to
complete will be eligible to return to employment with the Utility at the first
available employment opportunity for which he/she qualifies. This right to
return to Utility employment will continue for a period of one (1) year
following completion of the treatment program.
4. The employee, as a condition of continued employment with the Utility, must agree
to and accomplish the following:
a. Submit to alcohol and drug testing on a random, unscheduled basis at a
certified alcohol and drug-testing agency of the Utility's choice for up to one
year from the completion of the treatment program.
b. Establish and maintain a satisfactory work performance and attendance
record.
c. Successfully complete any follow-up and/or continued outpatient treatment if
recommended by the treatment facility.
5. An employee who, after being exempted from discipline under the provisions of this
Policy, again violates this Policy, will have their employment relationship with the
Utility immediately terminated, absent a successful appeal as provided in the
Policy.
CITY ACTION SUBJECT TO APPLICABLE GRIEVANCE
PROCEDURES
Any action taken by the Utility or its supervisory personnel, based on this Policy, may be
grieved by the employee under the terms and provisions of the applicable grievance
policy.
10
APPENDIX
ALCOHOL AND DRUG ABUSE
POLICY REPORT FORM
CITY OF WATERLOO
This is to certify that (supervisor) has probable cause to believe that on (date)
at a.m./p.m., (employee) was (a) in possession of or (b) under the
influence of a substance or substances in violation of Waterloo Fiber Alcohol and Drug
Abuse Policy.
The following are the specific facts that have led me to suspect that the above-named
employee has violated Waterloo Fiber Alcohol and Drug Abuse Policy:
_______________________________________
Supervisor’s Signature
_______________________________________
Date
11
ALCOHOL AND DRUG ABUSE POLICY
EMPLOYEE ACKNOWLEDGEMENT OF NOTIFICATION
CITY OF WATERLOO
I have received a copy of Waterloo Fiber’s “Alcohol and Drug Abuse Policy” dated
5/15/2024.
By signing below, I agree I have read, understand, and am bound by Waterloo Fiber’s
“Alcohol and Drug Abuse Policy.”
_________________________________________________
Employee Signature
_______________________________________
Witness Signature
_______________________________________
Date
WATERLOO TELECOMMUNICATIONS UTILITY
(“WATERLOO FIBER”)
DRUG & ALCOHOL TESTING –
COMMERCIAL DRIVER’S LICENSE
Substance Abuse Prevention Program for Drugs and Alcohol
5/15/2024
POLICY
It is Waterloo Fiber’s policy to establish and maintain a drug and alcohol policy to comply with
Department of Transportation (DOT), Federal Highway Administration (FHWA) regulations (49
CFR Parts 382, 391, 392 & 395).
SCOPE
All employees and applicants for employment who perform duties covered by the DOT regulations
are covered by this policy in addition to any and all Waterloo Fiber rules, regulations, policies and
procedures related to alcohol and drug use. Employees performing duties requiring the possession
of a Commercial Drivers License (CDL) are covered by these regulations.
Drivers who are affected by the FHWA regulations effective January 1, 1995, are those employees
who are required to have a CDL.
The General Manager and designated representative are the Utility’s DOT Alcohol and Drug
Testing Program Administrators, responsible for the DOT Alcohol and Drug Testing Policy and
Program, and are authorized to answer questions with respect to the program.
TRAINING
Waterloo Fiber is responsible for providing DOT required training to supervisors. Training for
supervisors will consist of at least one (1) hour on alcohol misuse and one (1) hour on controlled
substance abuse, and will cover the physical, behavioral, speech and performance indicators of
probable alcohol misuse and use of controlled substances. The Utility will instruct employees with
CDLs on all information as required by the Department of Transportation as set forth in the Federal
Register Vol. 59, No. 32, Subpart F, 382.601. Written material will be given to each employee
who will sign a statement that they have received and understand the information.
TESTING PROVISIONS
The Utility will test individuals for alcohol and drug use using DOT procedures in the situations
and circumstances outlined in this policy. Under DOT rules, an applicant or employee is required
to submit to the following drug and alcohol testing situations:
1. Pre-employment (Post Job Offer)
Conducted before applicants are hired or after an offer to hire, but before actually
performing safety-sensitive functions for the first time. Also required when
employee transfers to safety-sensitive positions.
If an applicant tests positive for alcohol or controlled substances, he/she will not be
hired by Waterloo Fiber.
2. Post Accident
Conducted after accidents, on employees whose performance could have
contributed to the accident. An accident is define as:
a) an incident involving the loss of human life;
b) the driver receives a citation under State or local law for a moving violation
arising from the accident;
c) an injury is treated away from the scene;
d) a vehicle must be towed from the scene.
If an alcohol test is not administered within two (2) hours following the accident,
the Utility shall prepare and maintain a record stating why the test was not promptly
administered. If the test is not administered within eight (8) hours following the
accident, attempts to test shall cease, and the Utility shall maintain the same record.
If a controlled substance test is not administered within thirty-two (32) hours, the
Utility shall prepare and maintain a record stating why the test was not
administered.
Nothing in the regulations should delay medical attention for those who are injured.
The employer must provide the necessary information and instructions to allow the
driver to be tested or to get emergency medical care.
A driver who is subject to post-accident testing shall remain available for such
testing, or he/she may be deemed to have refused the test. Failure to remain
available for testing or refusal to be tested will result in discharge.
The Utility will provide drivers with necessary post-accident information,
procedures, and instructions BEFORE the driver operates a commercial motor
vehicle.
3. Reasonable Suspicion
If the Utility has reason to believe that your behavior or appearance may indicate
alcohol or drug use. Observations for alcohol testing must be made just before,
during or just after the performance of a safety-sensitive function. Observations
for drug testing will be made at any time while you are at work for your
employer.
Employees are required to submit to searches of any company-owned
workspaces, when management has a reasonable suspicion that (1) the employee
possesses a prohibited substance; or (2) the employee ingested a prohibited
substance.
A driver will be required to submit to a drug and/or alcohol test when reasonable
suspicion exists. §382.307 Reasonable suspicion exists when a driver’s
appearance, speech, or odors of breath and/or body, or physical symptoms
indicate drug and/or alcohol use. Observations must be personally observed and
documented by at least one trained official from the Utility. A “trained official”
is one who has undergone at least 2 hours of education, which included
behavioral, physical, speech, and performance indicators of possible drug and/or
alcohol use.
4. Random
Conducted on a random unannounced basis just before, during, or just after
performance of safety-sensitive functions.
The DOT requires annual random testing of employees with a CDL at the rate of
fifty percent (50%) for drug testing, and twenty-five percent (25%) for alcohol.
Waterloo Fiber has contracted with an outside company to pull the names of the
employees for random testing.
When so directed, an employee will be taken immediately to the testing site for
random drug and/or alcohol testing. Random testing can be done at the beginning,
during, or at the end of an employee's shift and will be up to the discretion of the
Personnel Department representative and/or the Department Head.
The Utility reserves the right to test an employee whose name is randomly drawn
who is off work due to layoff, vacation or other time off when that employee
returns to work.
5. Return-To-Duty & Follow-Up
Conducted when an employee who has violated the prohibited alcohol/controlled
substance standards returns to performing safety-sensitive duties. Follow-up tests
are unannounced and at least six (6) tests must be conducted in the first twelve (12)
months after an employee returns to duty. Follow-up testing may be extended for
up to sixty (60) months following return to duty.
All DOT alcohol and drug testing will be in accordance with required DOT procedures. These
include the use of special testing forms, trained personnel, and special processes and handling, to
insure the integrity and accuracy of the testing process. Information related to testing will be
treated as confidential except as required to comply with DOT requirements, safeguard the safety
of personnel and the public, or as otherwise legally required.
DOT drug testing includes the taking of a urine sample (split sample) at Allen Occupational Health
which is sent to a federally certified testing laboratory to test for the presence of amphetamines,
cannabinolds (marijuana), cocaine, opiates (codeine and morphine), and phencyclidine (PCP). If
problems are identified, a driver may be required to retest under direct observation. All drug
testing is conducted by a trained collection site person in an appropriate, private setting. The
urine sample will be collected at your place of employment or at a certified collection site. A
driver is only permitted three hours to produce a urine specimen. Leaving the collection site
before the process has been completed may be declared a “refusal.” In addition, if unable to
provide a specimen as required, a driver is subject to the “shy bladder” evaluation that can result
as a refusal due to the absence of a medical condition as deemed by the medical review officer
(MRO). If in the ‘shy bladder’ situation, the driver has up to five days to obtain an evaluation
from a licensed physician that contains a medical reason for the failure to provide a urine sample
that would be acceptable to the medical review officer (MRO). The MRO must receive a copy
of the evaluation and related medical records, and will decide whether the test is cancelled or
declared a refusal. The regulations governing this process, including individual responsibilities
are found in 49 CFR §40.193 and §40.195. The drug test collection must be in compliance with
49 CFR Part 382, and 49 CFR Part 40 of the regulations.
Once tested, the laboratory will report the analysis to a MRO. If the analysis indicates a positive
result, the MRO will contact the driver to determine whether there are circumstances that would
explain the positive result. If there are none, the MRO will report a positive result to the
employer.
Under DOT regulation 49 CFR Part 40, at 40.151(e), medical marijuana is not a valid medical
explanation for a transportation employee’s positive drug test result.
An employee has the right to request, within seventy-two (72) hours, that the urine sample be
retested for the presence of a controlled substance. The cost of the requested second testing will be
the responsibility of the employee if the second sample confirms the results of the initial test. If the
second test is negative, Waterloo Fiber will pay for the second testing.
DOT alcohol testing includes taking breath samples by Allen Occupational Health to test for
alcohol concentration. Breath testing equipment used is approved by the National Highway Traffic
Safety Administration (NHTSA). An initial breath test will be performed; if any alcohol is
detected in a concentration of 0.02 or greater, a second confirming test will be performed at least
fifteen (15) minutes but no longer than twenty (20) minutes later. An individual with an alcohol
concentration of 0.02 or greater will not be allowed to perform safety-sensitive duties or operate a
vehicle or heavy equipment. The individual should arrange alternate transportation home from the
testing site when alcohol is detected in a concentration of 0.02 or greater. The employee will be
released from employment for the remainder of that shift and the next full scheduled shift, but not
less than twenty-four (24) hours without pay, and will be given a return-to-duty test to ensure that
he/she tests under 0.02 before returning to work. If the return-to-duty test shows an alcohol
concentration of 0.02 or greater, the employee will be immediately terminated.
If an employee tests 0.04 or greater on an alcohol test, or tests positive for a controlled substance,
or refuses to take a test, he/she will be suspended immediately without pay, and will be referred to
the Utility’s Medical Review Officer. If the MRO determines it is necessary, the employee will be
referred to a Substance Abuse Professional (SAP) who will evaluate the employee. Return to duty
will be based on recommendations of the SAP and the employee's compliance with the
recommendations of the SAP. Before returning to work after engaging in conduct prohibited by
this policy, the employee will be required to undergo a return-to-duty test, with a verified negative
result. Failure to do so will result in termination of employment.
If it is determined by the MRO or SAP that an employee is in need of assistance associated with
alcohol or controlled substance misuse, the employee will be subject to unannounced follow-up
testing as directed by law. If it is determined by the MRO or SAP that a driver with a 0.04 or
greater alcohol test or a positive controlled substance test is not in need of assistance, the employee
shall be given a five (5) scheduled workday suspension without pay. Before returning to work, the
employee will be required to undergo a return-to-duty test, with a verified negative result. Failure
to do so will result in termination of employment.
The testing site for alcohol and/or controlled substances will contact the Utility representative to
report all test results.
TESTING PROCEDURES
An employee driving a Utility vehicle which requires a CDL, is considered to be performing a
safety-sensitive function, and is required to submit to alcohol and drug testing in the situations
described under "Testing Provisions" as stated in this policy. An employee performing a safety-
sensitive function cannot use or be under the influence of alcohol, or have the general appearance
or conduct, or by other substantiating evidence appear to have used alcohol, within six (6) hours
before going on duty or operating, having physical control of, or being on duty to operate CDL
required equipment.
An employee cannot use or possess alcohol (including medication, foods, mouthwashes, sprays, or
any other substances which contain alcohol), even with a doctor's prescription, for six (6) hours
before duty, while on duty, or eight (8) hours after an accident (unless alcohol testing has been
performed after the accident). The employee must not perform safety-sensitive duties if aware of
any medical condition or alcohol or drug use that may adversely affect the employee's ability to
perform such duties.
Once notified to report for testing, a CDL driver must report to the collection site immediately
(For additional information on the collection, please refer to: www.transportation.gov/odapc).
Refusal to submit to a required alcohol or drug test is considered the same as a positive test, and
may result in disciplinary action, up to and including discharge.
Allen Occupational Health will use an Evidential Breath Testing (EBT) device approved by
NHTSA for the alcohol breath test. Allen Occupational Health will take a urine sample for
controlled substance testing. Maximum safeguards will be taken to ensure the validity of the test
results and to ensure that they are attributed to the correct employee. Confidentiality of those test
results will be assured. Test results will be reviewed by the Medical Review Officer.
SELF IDENTIFICATION BY EMPLOYEE
Employees may, prior to or while performing any safety-sensitive job duties, decline to perform
safety-sensitive functions without penalty when the employee believes he/she may be in violation
of this policy or believes because of alcohol or drug use that performance of such duties may
constitute a risk to the employee or others. Waterloo Fiber reserves the right to require the
employee to submit to drug and alcohol tests as deemed appropriate by the Substance Abuse
Professional, prior to returning to safety-sensitive functions.
SUCH SELF-IDENTIFICATION CANNOT BE USED BY AN EMPLOYEE AFTER THE
EMPLOYEE HAS BEEN INFORMED OF THE EMPLOYEE'S SELECTION FOR ALCOHOL
OR DRUG TESTING REQUIRED BY THIS POLICY, OR OTHER POLICY VIOLATION.
ALCOHOL & DRUG MISUSE (PROHIBITED CONDUCT)
Employees must not:
1. Use or be under the influence of alcohol, or have the general appearance or
conduct, or by other substantiating evidence appear to have used alcohol, within six
(6) hours before going on duty or operating, having physical control of, or being on
duty to operate a commercial motor vehicle or performing other DOT-covered
safety-sensitive duties.
2. Report for duty or remain on duty requiring performance of safety-sensitive
functions with a breath alcohol concentration (BAC) of 0.02 or greater. Employees
may need to abstain from drinking alcohol for a longer period than six (6) hours
prior to duty to be below 0.02 BAC.
3. Use any controlled substance unless specifically authorized by a physician, and
then only if the physician tells the employee that use of the controlled substance
will not affect the performance of safety-sensitive functions.
4. Refuse to submit to a DOT or law enforcement post-accident alcohol or drug test, a
DOT random, reasonable suspicion, return to work, or follow-up alcohol or drug
test. Refusal includes:
a. Refusal to be present at the testing location immediately upon request of
Waterloo Fiber.
b. Refusal to comply with any testing procedures, including but not limited to:
1) Refusal to provide specimens (breath or urine), unless medically
incapable;
2) Refusal to provide identification or sign forms;
3) Refusal to provide necessary information to the service provider(s);
4) Refusal to submit to medical examinations or other evaluations as
considered necessary by Waterloo Fiber, the Substance Abuse
Professional, or Employee Assistance Program service provider(s);
Refusal also consists of attempts to falsify or interfere with the testing
process, including failure to comply with instructions or attempting to
substitute or other wise change specimens to be tested.
5. Use or possession of alcohol, including medications, foods, mouthwashes,
sprays or any other substances which contain alcohol, even with a doctor's
prescription, for six (6) hours before duty, while on duty, or eight (8) hours
after an accident (or until alcohol testing has been performed after the
accident).
6. Perform safety-sensitive duties if aware of any medical condition or alcohol
or drug use that may adversely affect the individual's ability to perform such
duties.
Employee must:
1. Inform Waterloo Fiber of alcohol or drug use that may affect safety of
employees or the public.
2. Submit to and pass a DOT alcohol and drug test prior to performing safety-
sensitive job duties (post job offer), and after a violation of any DOT
alcohol or drug rules.
3. Submit to evaluation and follow any treatment plan recommended by a
substance abuse professional prior to performing safety-sensitive job duties
after a violation on any DOT alcohol or drug rule (payment for such an
evaluation or treatment is not covered by the Utility, except what is
provided through available health insurance), and submit to random follow-
up DOT alcohol and/or drug testing for a minimum of six (6) tests (alcohol,
drugs, or both) within one (1) year, but more frequently and for up to five
(5) years, as recommended by the substance abuse professional, after a
violation of any DOT alcohol or drug rule. Such unannounced testing is in
addition to any other applicable random alcohol or drug testing. The
employee must authorize the release of any and all information related to
evaluation, treatment, rehabilitation, testing, counseling and/or group
participation for alcohol or drug use, by signing a consent for such release to
Waterloo Fiber. If a random follow-up DOT alcohol and/or drug test or
other applicable random alcohol (0.02 or greater) or drug test is positive, the
employee will be immediately terminated and provided information
regarding other available treatment programs.
4. Contact Waterloo Fiber alcohol and drug testing program administrator
(Director of Personnel) or other authorized Utility representative
immediately following any on-the-job accident to make sure that required
alcohol and drug testing procedures are followed. Whether or not the
employee is able to contact a Utility representative, the employee must
make sure that he/she is tested with a DOT or law enforcement post-
accident alcohol test as soon as possible, but always within eight (8) hours
of the accident, and drug tested within thirty-two (32) hours of the accident.
An accident is defined as an incident in which a fatality or physical injury
which is treated away from the scene occurs, a vehicle must be towed from
the scene of the accident, a traffic citation is issued, or in which the
employee's possible contribution to the accident cannot be ruled out, and in
which a DOT regulation requires testing.
All applicants for employment to positions that require a commercial driver's license (CDL) or
current employees of the Utility that apply for such jobs must sign the Consent and Release of
Alcohol and Drug Use and Testing Information Form for each and every employer that the person
has worked for in the previous three years. The Utility is required to investigate the driver's
records by contacting all of their employers within the three previous years.
If an employee tests positive for a controlled substance drug test, has confirmed alcohol test of 0.04
or greater, or refuses to submit to a drug or alcohol test, the employee will be suspended
immediately without pay and will be referred to a Substance Abuse Professional (SAP). The
employee will remain under suspension until the MRO or SAP determines if the employee requires
substance abuse treatment and rehabilitation. If the SAP recommends a substance abuse treatment
and rehabilitation program, which requires the employee to take time off work, the employee will
be permitted to use sick leave, vacation time, other benefit time and/or unpaid leave to cover the
absence starting from the time the MRO or SAP recommends a substance abuse treatment and
rehabilitation program. Successful completion of the prescribed program will be required for the
employee to continue employment with Waterloo Fiber. Return to duty will be based on the
recommendations of the SAP, Waterloo Fiber Drug & Alcohol Policy, and the affected employee's
compliance with recommendations made by the SAP and any other applicable Waterloo Fiber
policies, rules, and regulations.
Within three years after returning to work from a rehabilitation program, if an employee tests
positive for a controlled substance drug test, has a confirmed alcohol test of 0.02 or greater, or
refuses to submit to a drug or alcohol test, a second time, the employee will be discharged
immediately, and provided information regarding available treatment programs.
FMCSA Clearinghouse
The FMCSA Clearinghouse is an electronic database that will contain information about
commercial motor vehicle drivers' drug and alcohol program violations. FMCSA regulations
require Waterloo Fiber to inform drivers and driver-applicants that the following information
will be reported to the Clearinghouse (beginning 1/6/2020):
1. A verified positive, adulterated, or substituted drug test result;
2. An alcohol confirmation test with a concentration of 0.04 or higher;
3. A refusal to submit to a drug or alcohol test required by FMCSA regulations;
4. An employer's report of actual knowledge of:
a. On duty alcohol use (see 49 CFR § 382.205);
b. Pre-duty alcohol use (see 49 CFR § 382.207);
c. Alcohol use following an accident (see 49 CFR § 382.209);
d. Controlled substance use (see 49 CFR § 382.213);
5. A substance abuse professional’s report of the successful completion of the return-to-duty
process;
6. A negative return-to-duty test; and,
7. An employer's report of completion of follow-up testing
FMCSA requires motor carrier employers to:
• Query the system for information on driver applicants (full query), and
• Search the database annually for current employees (limited query).
Before Waterloo Fiber can access the full query information in the Clearinghouse, the driver
must grant electronic consent within 24 hours through the Clearinghouse. Failure to provide
consent prevents the Company from using the CDL driver in a safety-sensitive function.
SIGNS AND SYMPTOMS OF DRUG AND ALCOHOL USAGE
Drug Name Substances
Detected in Urine
What to Look For & Physical
Symptoms Dangers
Time
Detectable
in Urine
Amphetamines
• Uppers
• Speed
• Meth
Methamphetamine,
Amphetamine
Tablets of varying colors, possible
chain smoking, long periods
without rest or sleep. Loss of
appetite, irritability, rapid speech,
Disorientation, severe
depression, paranoia,
possible hallucinations,
increase in blood
1-2 Days
• Dexies
• Crank
• Black
Beauties
tremors, mood elevations pressure, fatigue
Cocaine
• Coke
• Crack
• Flake
• White
Candy
• Free Base
• Toot
• Blow
Benzoylecgonine Glassine envelopes, razor, small
spoons, odorless, bitter white
crystalline powder, granular
rocks, short-lived euphoria
changing to depression,
irritability, nervous, tightness of
muscles
Shallow breathing,
fever, anxiety, tremors,
possible death from
convulsions or
respiratory arrest
1-3 Days
Marijuana
• Dope
• Pot
• Reefer
• Joint
• Grass
• Blow
11-Nor-delta9-
tetrahydrocannabinol-
9-carboxytic acid
THC
Plastic baggies, rolling paper,
'roach' clips, odor of burnt rope.
Altered perception, dilated pupils,
lack of concentration and
coordination, craving for sweets,
increased appetite, laughter
Psychological
dependence,
increased heart rate,
impaired short-term
memory, anxiety, lung
damage, possible
psychosis with chronic
use
Occasional
use: 1-3 days
Chronic use:
Up to 30-60
days
Opiates
• Heroin
(smack, horse,
junk)
• Morphine
('M', Miss
Emma)
• Codeine
(school boy)
Codeine, Morphine Glassine Envelopes, needles and
syringes, caps or spoons,
tourniquets, needle marks on
arms. Insensitivity to pain,
euphoria, sedation, nausea,
vomiting, itchiness, water eyes,
running nose)
Lethargy, weight loss,
hepatitis, slow and
shallow breathing,
possible death
1-3 Days
Phencyclidine
• Angel Dust
• Devil Stick
• PCP
• Dummy
Dust
Phencyclidine Liquid Capsules. White or brown
powder can be put on paper
stamps, sugar cubes, cigarettes
or joints. May be injected.
Increased pulse and heart rate,
blood pressure and temperature.
Mood and perception alteration
possible, paranoia, panic, anxiety,
nausea, tremors, suicidal urge
Unpredictable
behavior, flashbacks,
possible emotional
instability and
psychosis,
hallucination
Occasional
use: 1-3 days
Chronic use:
Up to 30 days
Barbiturates
• Downers
• Dolls
• Reds
• Tuinal
• Rainbows
• Yellows
• Blues
• Goof Balls
Secobarbital
Phenobarbitol
Pentobarbitol
Butobarbital
Amobarbital
Capsules of varying colors, longer
periods of rest or sleep, dizziness,
cold and clammy skin.
Depression, decreased alertness
and muscle control, intoxication
and slurred speech, drowsiness
Rigidity and painful
muscle contraction,
emotional instability,
possible overdoses
and death, especially
when mixed with
alcohol
Pentobarbital
and others: 1-
3 Days
Phenobarbital:
1-3 Weeks
Benzodiazepines
• Downers
Diazepam
Chlordinzepoxide
Oxazepam
Nordiazepam
Temazepam
Oral/Injection. Slurred speech,
disorientation, drunken behavior
without odor of alcohol
Shallow respiration,
cold and clammy skin,
dilated pupils, weak
and rapid pulse, coma,
possible death
1-7 Days
Methadone
• Done
• Dolophine
• Methadose
Methadone Tablets. Liquid injection.
Euphoria, drowsiness, respiratory
depression, constricted pupils,
nausea
Slow, shallow
breathing, clammy
skin, convulsions,
coma, possible death
1-3 Days
Methaqualone
• Ludes
• Quaaludes
Methaqualone Tablets. Slow heart rate and
breathing, lowered blood pressure.
Sleepiness, feeling of well being,
loss of coordination, dizziness,
impaired perception, confusion,
later hangover
1-3 Days
MDMA
• Ecstasy
• Adam
• XTC
• MDA
• MDE
• X
Methylenedioxy-
methamphetamine
Tablets. Euphoria, confusion,
anxiety, sleeplessness, drug
craving and paranoia. Used at all
night RAVE dance parties
Muscle tension, teeth
clenching, nausea,
tremors, rapid eye
movement, chills,
possible death
1-2 Days
Propoxyphene Propoxyphene Tablets, capsules. Dizziness,
drowsiness, headache, euphoria,
dysphoria
Skin rash & other
allergic reactions occur
occasionally and may
be accompanied by
drug fever and mucosal
lesion, stupor or coma;
convulsions,
respiratory depression
1-3 Days
Buprenorphine
• Buprenex
• Temgesic
Buprenorphine Pinpoint pupils, extreme
drowsiness, dizziness, blurred
vision, slowed breathing
1-6 Days
Alcohol Ethanol Dulled mental processes, Lack of
coordination, Odor of alcohol on
breath, Pupils will be constricted,
Sleepy condition, slowed
reactions, Slurred speech, Anxiety
or jumpiness, Shakiness or
trembling, sweating, nausea and
vomiting, insomnia, Irritability,
headache
Depression, anxiety,
and suicide, social
problems, liver
damage,
Inflammation of the
esophagus,
Aggravation of peptic
ulcers, Acute and
chronic pancreatitis,
Malabsorption of food
nutrients that will lead
to malnutrition, Heart
attack, Hypertension,
Stroke
Immune system
depression,
Brain damage
(dementia, blackouts,
seizures,
hallucinations,
peripheral neuropathy).
Varies - up to
8 hours
Oxycodone Hydrocodone/
Hydromorphone,
Oxycodone/
Oxymorphone
Tablets of Varying colors,
insensitivity to pain, euphoria,
sedation, nausea, vomiting,
itchiness, watery eyes, running
nose
Carelessness,
confusion, depression,
apathy, drowsiness,
low blood pressure,
poor coordination, slow
breathing rate
1-4 days
For more information or assistance, you can try some of the following sources:
• Cocaine Anonymous (800) 347-8998
• Center for Substance Abuse: (800) WORKPLACE (967-5752)
• National Clearinghouse for Alcohol and Drug Abuse: (800) 729-6686
• NIDA’s Treatment Hotline: (800) 662-HELP (4357)
Some helpful and interesting websites are:
www.drughelp.org www.doj.gov www.dea.gov www.samsha.gov
www.health.org
CDL DRUG & ALCOHOL POLICY
DRUG & ALCOHOL POLICY FOR DOT DRIVERS
EMPLOYEE ACKNOWLEDGEMENT OF NOTIFICATION
CITY OF WATERLOO
I, the undersigned employee of Waterloo Fiber, hereby certify that I have been informed of my
obligations under 49 CFR Part 382 as they pertain to work with commercial motor vehicles
operated by me for Waterloo Fiber.
I understand that my name and social security number have been included in a statewide pool of
employees for purposes of random testing. I agree to submit to the drug and alcohol testing
requirements of the Regulations through Waterloo Fiber Drug & Alcohol Policy for DOT Drivers.
I have received a copy of this policy and understand the consequences of a positive drug or alcohol
test. I understand that I cannot perform any job for Waterloo Fiber, which involves a safety-
sensitive function if I test positive for the drugs listed in the Policy, or an alcohol concentration of
0.02 or above. Additionally, I understand that I will be referred to a substance abuse professional
for a positive drug test or a confirmed alcohol concentration of 0.04 or greater.
Employee Signature ______________________________________
Witness Signature _______________________________________
Date ___________________________________________________