CC RES 2009-014 RESOLUTION NO. 2009-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
AMENDING RESOLUTION NO. 2007-44 AND RESOLUTION NO. 2007-45 AND ADOPTING
REVISIONS TO THE COMPETITIVE SERVICE EMPLOYEE PERSONNEL RULES AND THE
MANAGEMENT EMPLOYEE PERSONNEL RULES, RESPECTIVELY.
WHEREAS, the City Council is authorized and directed under the provisions of Chapter 2.46 of
the Rancho Palos Verdes Municipal Code to adopt rules for the administration of the personnel
system created in said Municipal Code Chapter; and,
WHEREAS, the objectives of these rules are to facilitate efficient and economical services to the
public and to provide for an equitable system of personnel management; and,
WHEREAS, at the same time, within the limits of administrative feasibility, considerable latitude
shall be given to the City Manager in the interpretation and application of these rules so that
they are applied equitably; and,
WHEREAS, from time to time these rules must be revised due to relevant changes in federal
and state personnel law; and,
WHEREAS, the City of Rancho Palos Verdes previously adopted Competitive Service
Employee Personnel Rules by Resolution No. 2002-05, which have been subsequently
amended by Resolution Nos. 2002-18, 2005-30, 2005-133 and 2007-44; and,
WHEREAS, the City of Rancho Palos Verdes previously adopted Management Employee
Personnel Rules by Resolution No. 2002-06, which has been subsequently amended by
Resolution Nos. 2002-19, 2005-134 and 2007-45.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: Amends the Competitive Service Employee Personnel Rules and the
Management Employee Personnel Rules to add a Drug and Alcohol Policy, attached hereto as
Exhibit"A"and made a part thereof.
PASSED, APPROVED and ADOPTED on the 3rd day of March 2009.
Mayor
Attest:
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 2009-14; was duly and regularly passed and adopted by the said City Council at
a regular meeting thereof held on March 3, 2009.
City Clerk ZI 4
EXHIBIT A
RESOLUTION NO. 2009-14
DRUG AND ALCOHOL POLICY
SECTION 1 — PURPOSE AND APPLICATION: The City is committed to
providing a workplace that is free from the effects of drug and alcohol abuse. Drug and
alcohol abuse has been found to be a contributing factor to absenteeism, tardiness,
substandard performance, increased potential for accidents, disruptive behavior,
increased workload for co-workers, poor morale and impaired public relations. To
further its interests in service to the community, avoiding accidents, promoting and
maintaining a safe and productive workplace and protecting City property, equipment
and operations, this policy is adopted. This policy is intended to apply to all employees,
regardless of appointment type or time basis, including, without limitation, full-time, part-
time, temporary, emergency, competitive service, management and probationary
employees. The provisions of this policy are in addition to any policies or procedures
involving the same or similar matter, such as any procedures regarding pre-employment
drug testing.
SECTION 2 — GENERAL POLICY:
(a) No employee while on duty, reporting for duty or on standby for duty shall:
(1) Use, possess or be under the influence of illegal or unauthorized
drugs; or
(2) Use or be under the influence of alcohol to any extent that would
impede the employee's ability to perform his or her duties safety and effectively; or
(3) Have a measurable amount of any illegal or unauthorized drug
(including metabolites) or alcohol in his or her body, as determined by a drug and
alcohol test and subject to minimum cut-off values for testing.
(b) An employee must notify his/her supervisor or the Personnel Officer,
before beginning work, when taking any medications or drugs, prescription or
nonprescription, which may interfere with the safe and effective performance of duties
or operation of City equipment.
(c) No employee shall perform duties which the employee cannot perform
without posing a threat to the health or safety of the employee or others because of
drugs taken under a legal prescription or otherwise authorized.
(d) Employees shall be subject to drug and alcohol testing ("substance
testing") when there is a reasonable suspicion the employee has violated sub-section
(a), above. In addition, an employee who has already been found in violation of sub-
section (a), above, through an adverse employment action (as applicable), medical
examination, testing procedures or the employee's own admission, may be required to
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submit to periodic substance testing for a period of one year, as a condition of
remaining in employment.
SECTION 3 — REASONABLE SUSPICION:
(a) Reasonable suspicion is the good faith belief based on specific articulable
facts or evidence and reasonable inferences drawn from such facts and evidence that
an employee may have violated this policy and that substance testing may reveal
evidence related to that violation.
(b) Facts or evidence supporting reasonable suspicion may include, but are
not limited to, an employee's manner, disposition, muscular movement, appearance,
unusual behavior, speech, or breath odor; information provided by an employee, law
enforcement official or other person believed to be reliable; or other surrounding
circumstances.
(c) Where the initial reasonable suspicion determination is based on observed
behavior and it is practical to do so, the employee may be asked about the observed
behavior and given an opportunity to provide a reasonable explanation.
(d) For purposes of substance testing, reasonable suspicion will only exist
after the Personnel Officer, Deputy City Manager, and City Manager or designate of the
City Manager have reviewed the facts, evidence and circumstances in a particular case
and concur in the finding of reasonable suspicion. In the event the Personnel Officer,
Deputy City Manager, and City Manager or designate of the City Manager are
unavailable, a supervisor or manager who is at least one level of supervision above a
supervisor or manager making the initial reasonable suspicion determination may make
the review and determination under this paragraph.
(e) Following concurrence, as provided above, the facts, evidence and
circumstances on which the reasonable suspicion is based will be summarized in
writing.
SECTION 4 — SUBSTANCE TESTING:
(a) Where reasonable suspicion exists, as defined in this policy, the involved
employee may be requested to take a substance test in accordance with the procedures
in this policy. If the employee refuses to cooperate with the administration of the test,
the refusal will be considered a positive test result. A refusal to cooperate includes, but
is not limited to, refusing to appear for a test; unreasonably failing to submit a sample
for testing; tampering with, substituting, adulterating, masking or water-loading a
sample; or obstructing or not fully cooperating with testing procedures.
(b) The employee will be referred to an independent, Substance Abuse &
Mental Health Services Administration (SAMHSA)-certified medical clinic or laboratory,
which will administer the substance test. The employee will have the opportunity to
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alert the clinic or laboratory personnel to any prescription or non-prescription drugs that
the employee has taken that may affect the outcome of the test.
(c) Drug testing will be by a process at least as accurate and valid as
urinalysis using an immunoassay screening test, with the positive test results confirmed
using gas chromatography/mass spectrometry before a sample is considered positive.
(d) Alcohol testing will be by a process at least as accurate and valid as
urinalysis using an enzymatic assay screening test with all positive screening results
being confirmed by using gas chromatography before a sample is considered positive or
breath sample testing using breath alcohol analyzing instruments which meet California
Department of Health Services standards (such as 17 CCR 1221.2, 1221.3).
(e) Substances to be tested for may include: amphetamines and
methamphetamines, cocaine, marijuana/cannabinoids (THC), opiates (narcotics),
phencyclidine (PCP), barbiturates, benzodiazepines, methaqualone and alcohol. Other
controlled substances may be added to the list where their use is reasonably suspected
and items may be dropped from the list, where appropriate.
(f) Cut-off levels may be established by the City after consultation with expert
staff of the laboratories or other qualified personnel. Cut-off levels will be set to identify
positive test samples while reasonably minimizing false positive test results. The
designated levels may change over time based on changes in technology, testing
experience or other factors.
(g) In the event cut-off levels are not established prior to any test, the City will
use cut-off levels established in the Substance Abuse & Mental Health Services
Administration (SAMHSA) Mandatory Guidelines for Federal Drug Testing Programs.
Any other provision of this policy notwithstanding, the cut-off level established for a
positive alcohol test (both initial and confirmation) will not be less than 0.02 percent
(0.02 gm/210 liters of breath or 0.02 gm/deciliter of blood or 0.02 mg/ml of urine).
(h) Test samples will be collected in a clinical setting using procedures
designed to assure that true samples are obtained. Chain of custody procedures will be
followed through the testing process, to its final disposition.
(i) The cost of reasonable suspicion testing under this policy will be paid by
the City. Transportation will either be provided or paid for by the City.
(j) Pending test results, an employee may either be temporarily reassigned or
placed on administrative leave.
SECTION 5 — MEDICAL REVIEW OFFICER:
(a) A medical review officer (MRO), who is a California licensed physician
with the appropriate medical training to interpret and evaluate a confirmed positive test
result, will be used in the testing process. For confirmed positive results, the MRO will:
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(1) Review the results and determine if the applicable standards and
procedures have been followed.
(2) Advise the employee of the results and provide the employee with
an opportunity to discuss and explain the results, including the opportunity to provide
the MRO with information regarding any medication which may have affected the results
of the test.
(3) Consider any assertions by the affected employee of irregularities
in the sample collection and testing process.
(4) Based on the above, provide a written explanation of the test
results to the City.
(b) An MRO may report a positive test result to the City without discussion
with the involved employee if:
(1) The employee has expressly declined the opportunity to discuss
the test results with the MRO.
(2) Documented contact has been made with the employee who has
been instructed to contact the MRO within 72 hours and more than 72 hours have
passed since that time.
(3) Neither the City nor the MRO, after making and documenting
reasonable attempts to contact the employee, have been unable to do so within seven
(7) calendar days of the date on which the MRO receives the test results from the
laboratory.
SECTION 6 — CONFIDENTIALITY: All records of the circumstances and results
of substance testing under this policy will remain confidential personnel records.
Laboratory reports and test results will be maintained in a file separate from the
employee's personnel file. Information may only be released: to the employee who was
tested or other individuals designated in writing by the employee, to the MRO, to the
extent necessary to properly supervise or assign the employee, as necessary to
determine what action should be taken in response to the test results and for use in
responding to appeals, litigation or administrative proceedings arising from or related to
the test or related actions.
SECTION 7 — QUESTIONS: Any matter not specifically addressed in these
procedures may be handled in accord with the established procedures of the medical
facility performing the substance test or the SAMHSA Mandatory Guidelines for Federal
Drug Testing Programs or as otherwise reasonably determined by the City. Questions
regarding this policy should be directed to the Personnel Officer.
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Exhibit A
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