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<br />information to the City to explain that <br />result, or to request a confirmatory retest <br />of the original sample at the employee's own <br />expense. If the confirmatory retest shows a <br />negative test result, the City will reimburse <br />the employee for the expense of the retest. <br /> <br />The City shall follow the statutory <br />procedures and provide the employee with <br />proper notices. If the confirmatory retest <br />does not confirm the original positive test <br />resul t, no adverse personnel action based on <br />the original confirmatory test shall be taken <br />against the employee. <br /> <br />g. Discipline. An employee has the right to <br />refuse to undergo drug and alcohol testing. <br />However, failure to comply with the City's <br />drug and alcohol policy, and refusal to take <br />a drug and alcohol test upon request shall <br />subject an employee to discipline, including <br />discharge. An employee who has a positive <br />test result on a confirmatory test, when this <br />is the first such result for the employee, <br />will be subject to discipline but shall not <br />be discharged unless (1) the employee has <br />been given an opportunity to participate in <br />either a drug or alcohol counseling or <br />rehabilitation program, whichever is more <br />appropriate, as determined by the City after <br />consultation with a certified chemical use <br />counselor or a physician trained in the <br />diagnosis and treatment of chemical <br />dependency, and (2) the employee has either <br />refused to participate in the counseling or <br />rehabilitation program or has failed to <br />successfully complete the program as <br />evidenced by withdrawal from the program <br />before its completion or a positive test <br />result on a confirmatory test after <br />completion of the program. Participation in <br />the specified program will be at the <br />employee's own expense or pursuant to <br />coverage under the City's insurance. All <br />other employees obtaining a positive test <br />result will be subject to discipline <br />including discharge. Appeals may be taken <br />under the grievance policy. <br /> <br />VI-IS <br />