CC Resolution No. 8378
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RESOIIJTION NO. 8378
A RESOIlJI'ION OF THE Cl'I'Y CXXJNCIL OF THE Cl'I'Y OF ŒJt'='.li'IO
AOOPI'ING AN AIroHOL AND DRUG ABUSE roLICY
WHEREAS, HR 5210, the Drug free Work Place Act. of 1988, requires that
all Federal grant recipients, including cities, establish an anti-drug
policy of the work place; and
WHEREAS, the City of CUpertino believes that in addition to the
requirement as established by law, a drug free policy is appropriate in
that it helps ensure that enployees are able to perfonn their duties
safely am efficiently;
New, THEREFORE, BE IT RESOLVED that the City Council of the city of
CUpertino hereby adopts the Alcohol and Drug Abuse Policy attached as
exhibit "A" am incorporated as part of this resolution.
PASSED AND AOOPI'ED at a regular meeting of the City Council of the
city of CUpertino this l5th day of April , 1991, by the
following vote:
vote
Members of the city Council
AYES:
Goldman, Rogers, Szabo, Koppel
NOES:
None
ABSENl':
Sorensen
ABSTAIN:
None
ATI'EST:
APPROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ Barb Koppel
Mayor, City of CUpertino
ALCOHOL AND DRUG ABUSE POLICY
city of cupertino
I PURPOSE
The purpose of this policy is to comply with the Drug Free Work Place
Act of 1988 as passed by Congress. HR52l0 requires that all Federal
grant recipients, including cities, establish an anti-drug policy for
the work place.
HR52l0 requires the City to:
1. Establish a drug free awareness program for employees.
2.
Provide a
illegal in
violations.
notice to all employees specifying that drugs are
the work place and that action will be taken for
3. Make employment conditional upon compliance with this policy
and require the employee to notify the employer within five
working days of a conviction due to a drug related offense
occurring in the work place.
4.
Notify the applicable
days of an employee's
offense occurring in the
granting federal
conviction due
work place.
agency within ten
to a drug related
5.
Sanction employees for violation
participation in a treatment program.
and/or
require
6. Make a good faith effort to maintain a drug free work place
by following the above requirements.
In addition to the fact that such requirements are established by law,
a drug free policy is appropriate in that it helps ensure that
employees are able to perform their duties safely and efficiently.
While the City of Cupertino has no intention of intruding into the
private lives of its employees, it does believe that involvement with
drugs and alcohol can take its toll on job performance and employee
safety.
A key element of this policy is rehabilitation. Employees who believe
they have a problem are urged to contact the Personnel Department for
referral to community resources.
The key focus of this policy is prevention through educating employees
on the dangers of alcohol and drug abuse, and rehabilitation for those
who have such problems. Any disciplinary actions will be evaluated on
a case-by-case basis and shall be used as a last resort after
rehabilitation efforts have failed.
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II POLICY
It is city policy that employees shall not drink alcohol or use drugs
in the course of City business, which shall include lunch time if the
employee plans to return to work.* Nor shall they possess alcohol or
drugs while on city property, or at work locations, or in uniform, nor
shall employees sell or provide drugs or alcohol to any other employee
or to any person while such employee is on duty. Nor shall any
employee have their ability to work impaired as a result of the use of
alcohol or drugs when reporting for work.
While use of medically prescribed drugs is not a violation of this
policy, failure by the employee to notify his or her supervisor before
beginning work when taking drugs which foreseeably interfere with an
effective performance of duties or operation of City equipment, can
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 medication,
clearance from a qualified physician may be required.
Refusal to submit immediately to an alcohol and/or drug analysis when
requested by City management or law enforcement personnel, as a result
of reasonable suspicion, may constitute insubordination and may be
grounds for discipline up to and including termination.
Employees reasonably believed to be under the influence of alcohol or
drugs shall be prevented from engaging in further City work and shall
be detained for a reasonable time until he or she can be safely
transported from the work site.
Higher standards may be promulgated based upon specific job
requirements as determined by City management.
III APPLICATION
This policy applies to all city employees and to all applicants for
positions with the City. 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.
IV EMPLOYEE RESPONSIBILITIES
An employee must:
a. Not report to work while his or her ability to perform job
duties is impaired due to alcohol or drug use.
* There are certain City sponsored activities which will be
specifically designated that may include the consumption of alcoholic
bevera~es. Examples of such activities included, but are not limited
to, W1ne tasting classes, employee Christmas parties, commissioner's
dinners, picnics in a city park held during non-working hours, etc.
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b. 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.
c.
Submit immediately to an alcohol and/or
reasonable suspicion of alcohol and/or drug
job and when requested by a responsible City
drug test when
use exists on the
representative.
d.
Notify his or her supervisor before beginning work
taking any medications or drugs, prescription
non-prescription, which may interfere with the safe
effective performance of duties including operation of
equipment.
when
or
and
City
e.
Provide within 24 hours of request bonafide verification
current valid prescription for any potentially impairing
or medication identified when a drug screen is positive.
of a
drug
f.
Notify
being
course
the city of Cupertino within five working days after
convicted of any drug related offense occurring in the
of city business.
g.
Notify the appropriate first-line supervisor
of another City employee whose behavior
characteristics are reasonably suspicious
himself/herself and/or others.
upon observation
and/or physical
and harmful to
V MANAGEMENT RESPONSIBILITIES AND GUIDELINES
a. Managers and supervisors are responsible for understanding this
policy and applying it without bias or prejudice.
b. Managers and supervisors must avail themselves of training on the
employer's role in handling the special problems of employees who
suffer from alcohol or drug dependency.
c. Managers and supervisors may request that an employee submit to a
fitness-for-duty examination when there is reasonable suspicion
that an employee is impaired, and is unable to perform the job
duties required in a safe and efficient manner. When doing so,
the manager or supervisor is required to document, in writing,
the facts and circumstances leading to the reasonable suspicion
that the employee was impaired and could not perform safely on
the job. (Note: First-line supervisors should consult with
their supervisors, department directors and Assistant to the
City Manager, and a joint decision should be made as to whether
or not the employee should undergo a fitness for duty medical
examination.)
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d. When there is a reasonable suspicion that the employee is
impaired, the manager or supervisor must attempt to detain the
employee until the employee can be safely transported from the
work place. If the employee refuses to submit to the
fitness-for-duty examination, or attempts to leave before safe
transport can be found, the manager or supervisor shall remind
the employee of the requirements and disciplinary consequences of
this policy.
e. Managers and supervisors shall notify their department directors
or designee, when there is reasonable suspicion that an employee
may have illegal drugs in his or her possession. If the
depa:t~ent director or designee concurs that there is reasonable
SUsplcl0n of illegal drug possession, the department director
shall notify the appropriate law enforcement agency.
f. Directors and supervisors must use the reasonable suspicion
standards in determining whether a fitness-for-duty examination
is warranted. Examples of what could lead to a reasonable
suspicion of impairment are: 1) slurred speech; 2) alcohol odor
on breath; 3) unsteady walking and movement; 4) size of pupils
and their reaction to light; 5) an accident involving city
property; 6) verbal altercation; 7) unusual behavior; 8)
possession of alcohol or drugs; and 9) information obtained from
a reliable person with personal knowledge. The above is not an
exclusive list, but is used for example only.
VI PHYSICAL EXAMINATION AND DRUG SCREENING PROCEDURES
The drug and/or alcohol screening may test for any substance which
could impair an employee's ability to effectively and safely perform
the functions of his/her or assigned job duties, including but not
limited to prescription medications, heroin, cocaine, barbiturates,
amphetamines, marijuana, and alcohol. The examination will be
conducted by a licensed physician in a local medical facility. The
drug testing will be conducted by a licensed toxicologist in a
laboratory identified as having met all legal requirements for
performing such tests. The initial type of screening to be performed
can be either a blood or urine analysis at the employees option.
positive results must be confirmed in accordance with federal
regulations including prescribed test levels.
Durinq Fit-For-Dutv Examinations:
1. A positive result from a drug and/or alcohol analysis may result
in disciplinary action, up to and including discharge.
2.
If the drug
24-hours of
prescription
prescription
screen is
request,
for the
must be in
positive, the employee must provide, within
bonafide verification of a valid current
drug identified in the drug screen. The
the employee's name.
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3. If an alcohol or drug test is positive, the supervisor or
department director and the Assistant to the city Manager shall
review the employee's record to make a determination as to the
possibility of rehabilitation for the purpose of returning the
employee to his or her assignment; or, after following
rehabilitation, whether to reassign the employee or precede with
disciplinary action, up to and including discharge. A positive
test for an illegal drug will be considered impairing to the
employee's ability to perform his or her job, and therefore the
corrective provisions of this policy will apply.
VII CONFIDENTIALITY
Laboratory reports or test results shall not appear in the
employee's general personnel folder. Information of this nature
will be contained in a separate confidential medical folder and
securely kept under the control of the Assistant to the City
Manager. Reports of test results may be disclosed to City of
Cupertino management strictly on a need-to-know basis, and to the
tested employee upon request. Disclosures without employee
(patient) consent may also occur when:
1. The information is compelled
administrative process.
by law or by judicial or
2. The information is to be used in administering an employee
benefit plan.
3. The information
or treatment
disclosure.
is needed by medical personnel for the diagnosis
of the patient who is unable to authorize
VIII APPEAL PROCESS
Fit-For-Dutv Examinations:
Employees whose tests results are positive, and who are consequently
facing disciplinary action may:
1. Submit a written explanation, accompanied by any documentations
justifying the substance. Prescriptions currently in use must be
submitted within 24 hours, but the written explanation
accompanied by the prescription and any written recommendations
submitted by a doctor or rehabilitation counselor may be
submitted within 48 hours of the test results. The doctor
conducting the fit-for-duty examination will review the
explanation and documentation and make a recommendation to the
Assistant to the City Manager who will forward this
recommendation to the City Manager whose decision will be final
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'.
2. Request a meeting with applicable union representative,
department director and the Assistant to the City Manager to
discuss the possibilities of rehabilitation for the purpose of
retaining employment with the City of Cupertino. Each case will
be handled on an individual basis. However, the principle of
offering rehabilitation as a first resort and disciplinary action
as last resort will govern.
3. Employees may request
facility with which the
or her own expense. If
test results, the city
the re-test.
a re-test, from the same sample, by the
City of Cupertino has contracted, at his
the re-test results contravene the first
will reimburse the employee the cost of
The City of Cupertino maintains the right to request that a third
test be conducted using the same sample in instances where the
results of the second test contravene the results of the first.
Results of the third test will combine with those of the first
two to form the deciding factor.
IX SUMMARY
The City will conduct drug and alcohol awareness programs, presented
by the Personnel Office. These programs will include prevention and
detection methods, with emphasis on maintaining a drug free work
place. Additionally, printed material will be given to all
employees explaining the dangers of alcohol and drug abuse. All
employees will be given a copy of this policy.
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