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2006/05/09 City Council Resolution (7)RESOLUTION NO. 2006 -117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK RESCINDING RESOLUTION NO. 91-192 AND APPROVING A DRUG -FREE WORKPLACE POLICY WHEREAS, the City adopted Resolution No. 91 -192 establishing an Anti -Drug Policy for the Workplace on September 10, 1991; and WHEREAS, the City Manager recommends an update of this policy as attached; and WHEREAS, the policy will improve public and employee safety and reduce risks and liability to the City; and WHEREAS, the City Manager initiated pre - employment drug testing for all full - time and regular, part -time budgeted positions as well as all part -time hourly and volunteer positions which involve driving a City vehicle effective November 1, 2005; and WHEREAS, the City has engaged the employee bargaining unit representatives in the process of developing said policy; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby rescind Resolution No. 91 -192 and authorize and approve the attached updated Drug -Free Workplace Policy. DULY AND REGULARLY ADOPTED this 9t" day of May, 2006. CITY OF ROHNERT PARK __- LI PORN EE_° BREEZE: AVE FLORES. AYE MACKENZIE: AYE V AIN- MARTINEZ: AYE SMITH: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) CITY OF ROHNERT PARK DRUG -FREE WORKPLACE POLICY L Purpose The City of Rohnert Park has a vital interest in maintaining safe and efficient working conditions for its employees. Substance abuse is incompatible with health, safety, efficiency, and success at the City. While the City has no intention of intruding into the private lives of its employees, employees who are under the influence of drugs and alcohol on the job compromise the City's interests, endanger their own health and safety and the health and safety of others, and can cause a number of other work related problems, including absenteeism and tardiness, substandard job performance, increased workloads for co- workers, behavior that disrupts other employees, delays in the completion of jobs, inferior quality in products or service, and disruption of customer relations. The purpose of the Drug -Free Workplace Policy is to recognize the City's commitment to provide a safe and healthy workplace for its employees, to protect employees and the public, to ensure a drug free workplace, and to comply with the Drug Free Workplace Act of 1988. To further this purpose, the city has established the following anti -drug policy concerning the use of drugs and the circumstances under which job applicants may be tested for usage of illegal drugs. As a condition of continued employment with the City, each employee must abide by this Policy. All prospective employees for certain designated positions who have received a conditional job offer and all City employees shall receive a copy of this Policy, acknowledge by signature that they have read and understand its terms, and agree to comply with this Policy. 11. Definitions For purposes of this Policy: (1) "Illegal drugs or other controlled substances" means any drug or substance that (a) is not legally obtainable; or (b) is legally obtainable but has not been legally obtained; or (c) has been legally obtained but is being sold or distributed unlawfully. (2) "Legal drug" means any drug, including any prescription drug or over -the- counter drug, that has been legally obtained and that is not unlawfully sold or distributed. City of Rohnert Park Drug -Free Workplace Policy Page 2 (3) "Abuse of any legal drug" means the use of any legal drug (a) for any purpose other than the purpose for which it was prescribed or manufactured; or (b) in a quantity, frequency, or manner that is contrary to the instructions or recommendations of the prescribing physician or manufacturer. (4) "Possession" means that an employee knowingly has the substance on his or her person or otherwise under his or her control. 111. Prohibited Conduct A. Scope. The prohibitions of this section apply whenever the interests of the City may be adversely affected, including any time the employee is: (1) In the workplace or in uniform; (2) Conducting or performing City business, regardless of location; (3) Operating or responsible for the operation, custody, or care of City equipment or other property; or (4) Responsible for the safety of others. B. Illegal Drugs The following acts are prohibited and subject an employee to discipline: (1) The use, possession, purchase, sale, manufacture, distribution, transportation, or dispensation of any illegal drug or other controlled substance; or (2) Being under the ' influence of any illegal drug or other controlled substance. C. Alcohol The following acts are prohibited and subject an employee to discipline: (1) The unauthorized use, possession, purchase, sale, manufacture, distribution, transportation, or dispensation of alcohol at work; or (2) Being under the influence of alcohol at work. D. Legal Drugs The following acts are prohibited and subject an employee to discipline: (1) The abuse of any legal drug: (2) The purchase, sale, manufacture, distribution, transportation, dispensation, or possession of any legal prescription drug in a manner inconsistent with law; or (3) Working while impaired by the use of a legal drug whenever such impairment might: City of Rohnert Park Drug -Free Workplace Policy Page 3 (a) Endanger the safety of the employee or some other person; (b) Pose a risk of significant damage to City property or equipment; or (c) Substantially interfere with the employee's job performance or the efficient operation of the City's business or equipment. IV. Disciplinary Action Employees who fail to comply with the foregoing prohibitions will be subject to disciplinary action, up to and including termination, consistent with the City's disciplinary procedures. Employees may also be required to participate in a drug rehabilitation counseling program. In certain instances, and solely at the City's discretion, the City may enter into an agreement with an employee who would otherwise be disciplined to permit the employee to keep his or her job upon fulfilling certain requirements pertaining to rehabilitation. V. Use of Legal Drugs The City recognizes that employees may, from time to time, be prescribed legal drugs that, when taken as prescribed or according to the manufacturer's instructions, may result in their impairment. Employees may not work while impaired by the use of legal drugs if the impairment might endanger the employee or someone else, pose a risk of significant damage to City property, or substantially interfere with the employee's job performance. if an employee is so impaired by the appropriate use of legal drugs, he or she may not report to work. To accommodate the absence, the employee may use accrued sick leave or vacation time. The employee may also contact the Human Resources Department to determine whether or not s /he qualifies for an unpaid leave - of- absence, such as family care or medical leave. Nothing in this Policy is intended to sanction the use of accrued paid time off to accommodate absences due to the abuse of legal drugs. Further, nothing in this Policy is intended to diminish the City's commitment to employ and reasonably accommodate qualified disabled individuals. The City will reasonably accommodate qualified disabled employees who must take legal drugs because of their disability and who, because of their appropriate use of such drugs, cannot perform the essential functions of their positions adequately or safely. City of Rohnert Park Drug -Free Workplace Policy Page 4 VI. Unregulated or Authorized Conduct Customary Use of Over - the - Counter Drugs. Nothing in this Policy is intended to prohibit the customary and ordinary purchase, sale, use, possession, or dispensation of over - the - counter drugs, so long as that activity does not violate any law or result in an employee being impaired by the use of such drugs in violation of this Policy. VII. Drug Convictions and the Drug _Free Workplace Act of 1988 Pursuant to the Drug Free Workplace Act of 1988, any City employee convicted of a criminal drug statute or criminal offense involving the use and /or consumption of drugs or alcohol in the workplace, must notify the Human Resources Department no later than five (5) calendar days following the conviction. For purposes of this Policy, a conviction includes a finding of guilt, a plea of no contest, and /or an imposition of sentence by any judicial body charged with responsibility to determine violations of federal or state criminal drug and alcohol statutes. The. City shall report that conviction to any federal agency requiring such notification pursuant to the Drug Free Workplace Act of 1988 in writing within ten (10) calendar days after receiving notice from the convicted employee or otherwise receiving notice of such conviction. VIII. Confidentiality Disclosures made by employees to the Human Resources Department concerning their use of legal drugs will be treated confidentially and will not be revealed to managers or supervisors unless there is an important work - related reason to do so in order to determine whether it is advisable for the employee to continue working. Disclosures made by employees to the Human Resources Department concerning their participation in any drug or alcohol rehabilitation program will be treated confidentially. IX. Counseling /Employee Assistance Employees who suspect they may have alcohol or drug problems, even in the early stages, are encouraged voluntarily to seek diagnosis and to follow through with the treatment as prescribed by qualified professionals. Employees who wish to voluntarily enter and participate in an approved alcohol or drug rehabilitation program are encouraged to contact the Human Resources Department who will determine City of Rohnert Park Drug -Free Workplace Policy Page 5 whether the City can accommodate the employee by providing unpaid leave for the time necessary to complete participation in the program. Employees should be aware that participation in a rehabilitation program will not necessarily shield them from disciplinary action for a violation of this Policy, particularly if discipline is imposed for a violation occurring before the employee seeks assistance. The City also maintains an Employee Assistance Program (EAP), administered by the Redwood Empire Municipal Insurance Fund (REMIF), which provides help to employees who seek assistance for drug or alcohol abuse, as well as for other personal or emotional problems. Employees who suspect that they may have alcohol or drug problems, even in the early stages, are encouraged to voluntarily seek diagnosis and to follow through with the treatment as prescribed by qualified professionals. Employees should be aware that participation in the Employee Assistance Program will not necessarily shield them from disciplinary action for a violation of this Policy, particularly if discipline is imposed for a violation occurring before the employee seeks assistance. X. Drug Testing The City will conduct drug testing under the following circumstances: A. Pre - Employment. At this time, pre - employment drug testing (bodily fluid test) will be conducted for all full -time and regular part-time positions. In addition, all part -time hourly and volunteer positions which involve driving a City vehicle will be covered under this policy. All offers of employment/appointment are conditioned on a negative drug test result. Positive test results will not bar reapplication at a later time. B. Reasonable Suspicion. A Manager and /or supervisor may request that an employee submit to a drug and /or alcohol test pursuant to the procedures set forth below when such manager or supervisor has a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol on the job. "Reasonable Suspicion" is a suspicion that is based on specific personal observations such as an employee's manner, disposition, muscular movement, appearance, behavior, speech or breath odor; information provided to management by an employee, by law enforcement officials, by a security service, or by other persons believed to be reliable; or a suspicion that is based on other surrounding circumstances, including a pattern of unusual conduct or erratic behavior. City of Rohnert Park Drug -Free Workplace Policy Page 6 A manager or supervisor requesting that an employee be required to submit to a reasonable suspicion test shall first give the employee an opportunity to respond to the manager or supervisor's suspicions. The employee has the option to request a neutral second opinion. If the employee makes this request, then'the supervisor or manager would contact a sworn member from the Dept. of Public Safety for a second opinion. If the manager or supervisor continues to have a reasonable suspicion that the employee is intoxicated or under the influence of illegal drugs, the manager or supervisor shall document in writing the facts constituting reasonable suspicion. The manager or supervisor shall then contact the City Manager or his /her designee, who will then determine whether to order the employee to submit to a reasonable suspicion test. The City Manager or his /her designee will arrange safe transportation for the employee to the designated medical clinic for testing. Employees who refuse to cooperate with the drug test administration shall be transported safely home. The employee's manager or supervisor shall notify the City Manager or Human Resources Department. An investigation will be conducted and the employee may be subject to discipline, up to and including termination, consistent with the City's disciplinary procedures. C. As Required by Federal and State Law. In addition to pre - employment screening, some employees may be required to submit to drug or alcohol testing if required pursuant to federal or state law, including but not limited to employees required to operate a commercial motor. vehicle as established in the federal Omnibus Transportation Employee Testing Act of 1991 (OTETA). The Human Resources Department will provide all affected employees with the appropriate drug testing policies. D. Procedures for Pre - Employment Drug Testing. The City will arrange the pre- employment medical exam appointment and drug testing and will pay the cost of the medical exam and drug test. The job candidate will have the opportunity to alert the clinic or laboratory personnel to any prescription or non- prescription drugs that s/he has taken that may affect the outcome of the test. All drug testing will be performed by urinalysis. The clinic will inform the City as to whether the candidate passed or failed the drug test. E. Acknowledgment and Consent. All job candidates subject to testing under this policy will be asked to sign a form acknowledging the procedures governing testing, and consenting to (1) the collection of a urine sample for the purpose of determining the presence of drugs, and (2) the release to the City of medical information regarding the test results. Refusal to sign the agreement City of Rohnert Park Drug -Free Workplace Policy Page 7 and consent form, or to submit to the drug test, will result in rejection of an application for employment or withdrawal of a conditional offer of employment. F. Confidentiality. All drug testing - records will be treated as confidential. XI. Additional.. Related Information Additional, related information may be found in the Memorandums of Agreement (MOAs) of the individual employee bargaining units and the City's Personnel Rules & Regulations. 4pNNfi RT PARR ag fn CALIPORN1N CITY OF ROHNERT PARK ACKNOWLEDGEMENT OF RECEIPT OF POLICY I acknowledge I have received a copy of the City of Rohnert Park's Drug -Free Workplace Policy. I acknowledge that I have read, understand, and agree to comply with this policy. Employee/Volunteer's Employee/Volunteer's Date Signature Printed Name ROHNfiRr.P„gk 9 _ 62 CALI P OR" %I' CITY OF ROHNERT PARK ACKNOWLEDGEMENT AND CONSENT FOR PRE - EMPLOYMENT /APPOINTMENT DRUG TESTING I acknowledge 1 have received a copy of the City of Rohnert Park's Drug -Free Workplace Policy. The City of Rohnert Park requires pre - employment drug testing for all full. -time and regular, part -time positions plus part -time hourly and volunteer positions which involve driving a City vehicle. As a candidate for one of these positions with the City of Rohnert Park, I have been asked to submit to a pre- employmentlappointment drug test. I consent (1) to the collection of a urine sample for the purpose of determining the presence of drugs, and (2) to the release to the City of medical information regarding the test results. I understand that if I decline to sign this consent or decline to submit to a pre- employment drug test, my application for employment/appointment will be rejected and /or my conditional offer or employment/appointment will be withdrawn. Candidate's Signature Copy to: Candidate Clinic Candidate's Printed Name Date CITY OF ROHNERT PARK CONSENT TO "REASONABLE CAUSE" DRUG TESTING consent to a "reasonable cause" alcohol and /or drug test at the medical clinic utilized by the City of Rohnert Park at the City's expense. EmployeeNolunteer's EmployeeNolunteer's Date Signature Printed Name 1 refuse to cooperate and consent to a "reasonable cause" alcohol and /or drug test and understand I may be subject to discipline, up to and including termination, consistent with the City's Drug -Free Workplace Program and the City of Rohnert Park Personnel Rules and Regulations. EmployeeNolunteer's EmployeeNolunteer's Date Signature Printed Name Copy to: Employee Clinic -1 CITY OF ROHNERT PARK DRUG -FREE WORKPLACE POLICY List of positions subject to pre- employment/appointment drug testing: • All full -time budgeted positions • All regular, part -time budgeted positions • All part-time hourly positions or volunteer assignments which involve driving a City vehicle: Recreation: Rec. Leader II Sr. Rec. Leader Volunteer Sunshine Bus Driver Theatre: P/T Theatre Technician Public Works: Seasonal Maintenance Assistant Public Safety: P/T Public Safety Dispatcher Public Safety Reserve Officer Volunteer Auxiliary Firefighter Volunteer Police Service Aide Other: P/T Building Inspector The City Manager has the authority to modify the above list at anytime. Not all of the above positions require a pre - employment or appointment physical exam; however, they all require passing the drug test prior to their start date with the City.