Title
Fair Cannabis Employment Practices- For the purpose of updating the City of Annapolis employment policy as a result of the State legalizing cannabis use and possession on July 1, 2023, and generally related to city employment policy.
Body
CITY COUNCIL OF THE
City of Annapolis
Ordinance 35-24
Introduced by: Alderman Savidge
Co-sponsored by: Alds. O'Neill, Gay, Huntley, Arnett, Finlayson
Referred to
Rules and City Government Committee,
Housing and Human Welfare Committee
AN ORDINANCE concerning
Fair Cannabis Employment Practices
FOR the purpose of updating the City of Annapolis employment policy as a result of the State legalizing cannabis use and possession on July 1, 2023, and generally related to city employment policy.
BY repealing and re-enacting with amendments the following portions of the Code of the City of Annapolis, 2024 Edition:
3.04.010
BY enacting with amendments the following portions of the Code of the City of Annapolis, 2024 Edition:
3.24.050
WHEREAS, Now that Maryland has legalized medical and recreational Cannabis use, there is a disconnect between that legalized use and the City’s policies governing drug abuse, which impacts both the City’s ability to hire and retain good employees and discriminates against those who legally and responsibly use cannabis while off-duty; and
WHEREAS, The City’s current policy is to test all job applicants and current employees upon reasonable suspicion for Controlled Dangerous Substances (CDS), including cannabis, which impacts our ability to hire and retain good employees and
WHEREAS, The City’s current policy requires an employee to go through a full drug treatment program if tested positive for cannabis, treating it no differently than much more addictive and severe CDS; and
WHEREAS, When determining on-the-job impairment, the City’s current policy is to use urine testing, which cannot determine impairment since it cannot detect the psychotropic component of THC and instead reveals benign and off-duty use of cannabis going back as far as three months, which is irrelevant to impairment; and
WHEREAS, Someone’s job is one’s livelihood, and losing such a job for using recreationally and medically legal cannabis while off-duty represents an extreme, un-proportional, discriminatory, and unacceptable consequence; and
WHEREAS, Whereas, Governor Wes Moore issued Executive Order 01.01.2023.16, which rescinded previous executive orders related to workplace substance abuse policies and reaffirmed Maryland's commitment to a drug-free workplace while recognizing the legalization of adult-use cannabis, thus promoting a fair and equitable approach to cannabis use; and
THEREFORE, the City of Annapolis aims to follow Governor Wes Moore's example by promoting fair and equitable workplace policies regarding cannabis use, ensuring that employees' rights are protected and respected.
SECTION I: BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Code of the City of Annapolis shall be amended to read as follows:
Title 3 - HUMAN RESOURCES
Chapter 3.04 - General Provisions
Section 3.04.010 - Definitions
For the purposes of this title, the following words and phrases have the meanings indicated:
1. "Anniversary date," also known as "review date" or "increment date," means thethat date on which an employee is eligible to receive an in-grade pay increase, normally twelve months from the date of hire and each twelve months thereafter. This date may only be changed by awarding an in-grade pay increase later than the duedate it is due.
2. "Appointing authority" means:
a. The Mayor, (for positions assigned to the office of the Mayor);
b. The City Manager (for the director of each department);
c. The director of each department, (for positions assigned to that department); and
d. The head of an office, (for positions assigned to that office);
3. "Appointment list" means a list containing the names of qualified applicants for a particular position thatwhich may be ranked based on the basis of one or more of the following: applicant's qualifications, competitive examination score(s) and personal interview.
4. "Cannabis" means the plant Cannabis Sativa L. and any part of the plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration greater than 0.3% on a dry weight basis. Cannabis includes cannabis products but does not include hemp or hemp products as defined by Agriculture Article § 14-101 of the Maryland Code.
5. "City employee" means an individual employed by the City of Annapolis or a City contract employee.
6. "Civil Service" means the system which includes the regulations and procedures prescribed in and promulgated under the authority of this chapter, the Civil Service Board, the job descriptions, the pay plan and all of the employees who are included in the system.
7. "Classification" means the process of reviewing the duties and responsibilities of a position or positions and incorporating these duties and responsibilities into a job description.
8. "Controlled Dangerous Substance" means any substance, excluding cannabis, that is controlled under the Federal Controlled Substances Act, 21 U.S.C. § 801, et seq., as amended, and/or the Maryland Controlled Dangerous Substances Act located in Criminal Law Article § 5-101 through 5-1101 of the Maryland Code.
9. "Demotion" means an employee'sthe voluntary or involuntary movement of an employee from a pay grade to a lower pay grade.
10. "Drug" means any controlled, dangerous substance, non-prescription drug, or prescription drug taken into the body that may impair one's mental faculties and/or change one's mood and/or physical performance. ,
11. "Employee" means the person employed to perform the work of a position.
12. "Employment agreement" means a written agreement executed with the City for an individual to provide personal services to the City for pay on either a part-time or full-time basis.
13. "Employment agreement employee" means another excluded service employee: (1) who, is required to execute an employment agreement; (2) who is not specifically placed in the civil service system by Human Resources Manager or designated as exempt service by the City Council; (3) who does not meet the definition of a temporary employee; and (4) who has an employer-employee relationship with the City as further described in Chapter 3.10. This includes employees whose positions are fully funded by grant sources that preclude benefits or compensation to which civil service employees are entitled.
An "employment agreement employee" means a non-civil service employee who:
a. Is required to sign an employment agreement;
b. Is not specifically placed in the civil service system by the Human Resources Manager or designated as exempt service by the City Council;
c. Does not meet the definition of a temporary employee; and
d. Has an employer-employee relationship with the City as further detailed in § 3.10.
e. Is in a position that is fully funded by grant sources that prevent them from receiving benefits or compensation entitled to civil service employees.
14. "Equal protection" means that in accordance with the 14th Amendment of the United States Constitution, the City shall treat a person or class of persons the same as it treats other persons or classes in like circumstances.
15. "Exempt service" means positions designated by the City Council thatwhich are specifically not included in the civil service and are enumerated in Section§ 3.08.
16. “Impaired” means reduced cognitive or physical ability that results from use of drugs, alcohol, cannabis, or controlled dangerous substances.
17. "Job description" means a written explanation of one position or of several very similar positions thatwhich always includes a title, a general definition of responsibilities, a list of typical duties and the minimum required qualifications.
18. "Other excluded service" includes all other persons rendering limited-term or temporary employee services except those specifically placed in the civil service system by the Human Resources Manager or those designated as exempt service by the City Council. Any positions not included in the civil service or the exempt service are considered to be "other excluded service."
19. "Pay plan" means the written chart thatwhich places every job description in a pay grade. Each pay grade consists of a maximum, minimum, and intermediate level of pay.maximum and minimum level and intermediate levels of pay.
20. "Permanent status" means the status given to a civil service employee who has successfully completed the initial probationary period, or any extension of an initial probationary period.
21. "Position" means a group of duties and responsibilities assigned to an employee. A position can be vacant or occupied.
22. "Probationary status" means the status given to a new, a transferred or a promoted civil service employee for the designated period during which the employee must initially demonstrate an ability to perform the duties of the position to which appointed.
23. "Promotion" means assigning a civil service employee from one pay grade to a higher pay grade.
24. "Reclassification" means the process of reviewing the duties and responsibilities of an existing position or positions in order to revise the job description to which they position or positions are assigned; or moving a job description from one pay grade to another pay grade.
25. "Temporary employee" means any other excluded service employee appointed for a special project, program, grant or seasonal employment who works either part-time for less than thirty regularly scheduled hours per week or full-time for no more than one hundred six days per City fiscal year. Temporary employees are not required to execute an employment agreement, unless otherwise required by the appointing authority.
26. "Transfer" means the movement of a civil service employee from one position to another in the same pay grade.
Title 3 - HUMAN RESOURCES
Chapter 3.24 - Conduct and Qualifications
Section 3.24.050 - Cannabis
A. Testing Except as may be required under § 3.24.050(B) herein, the City shall not conduct cannabis testing during pre-employment screening or after hiring an employee.
B. Preemptions. Nothing in this section:
1. Permits a City employee to possess, be impaired by, or use cannabis or intoxicating cannabinoids while on the job.
2. Affects the rights or obligations of the City to maintain a drug- and alcohol-free workplace.
3. Prevents the rights or obligations of the City to take disciplinary action against someone impaired while on duty.
4. Affects any other City obligations under Federal or State law.
5. Preempts state or federal laws requiring applicants or employees to be tested for controlled substances.
SECTION II: AND BE IT FURTHER ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that this ordinance shall take effect upon passage.