14 Alcohol Drug Policy
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3227
Fax: (408) 777-3109
CITY OF
CUPEIUINO
HUMAN RESOURCES
SUMMARY
Agenda Item No. I L.{
Meeting Date: November 6, 2006
SUBJECT AND ISSUE
Adopt Resolution No. Dft,-/85 amending the Alcohol and Drug Abuse Policy from Part II,
Section 2 of the Administrative Rules and Regulations of the Personnel Code.
BACKGROUND
Administrative Services staff met with representatives from the City Employees'
Association and Operating Engineers, Local Union No.3 to review and update the policy
prohibiting alcohol and drug abuse. The parties agreed that minor revisions (shown in
Exhibit A) would clarify existing policy requirements.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. err 185 amending the City's
policy prohibiting alcohol and drug abuse as shown in Exhibit A.
Submitted by:
Approved by:
~
Sandy Abe
Human Resources Director
Da~pp
City Manager
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DRAFT
RESOLUTION NO. 06-185
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING THE ALCOHOL AND DRUG ABUSE POLICY FROM PART II,
SECTION 2 OF THE ADMINISTRATIVE RULES AND REGULATIONS OF
THE PERSONNEL CODE
WHEREAS, the City Council of the City of Cupertino desires to amend the Alcohol
and Drug Abuse Policy to clarify requirements; and
WHEREAS, the City's Alcohol and Drug Abuse Policy is incorporated in Part II,
Section 2 of the Administrative Rules and Regulations of the Personnel Code.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby amends Part II, Section 2 of the Administrative Rules and Regulations
of the Personnel Code as shown in Exhibit A.
PASSED AND ADOPTED at a regular City Council meeting of the City of Cupertino
this 6th day of November 2006 by the following vote:
VOTE:
MEMBERS OF THE CITY COUNCIL
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
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Resolution No. 06-185
EXHIBIT A
SECTION 2 ALCOHOL AND DRUG ABUSE
2.2 Policy
It is the City of Cupertino's 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 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 f{)reseeable interference foreseeablv interfere with an the 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 required based upon specific job
requirements as determined by city management.
2.3 Application
This policy applies to all city employees. 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.
2.4 Employee Responsibilities
An employee must:
l' There are certain eity sponsered aetivities '::hieh will be s13ecifically designated that may include the
eenswnptien of alcohelie be':erages. Examples of sueh activities ineluded, but are not limited to, '.yine
tasting elasses, em13loyee Christmas parties, Commissioner's dinners, picnics in a city park held dl:lring AOA
werk hours, etc.
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Resolution No. 06-185
a. Not report to work while his or her ability to perform job duties is
impaired due to alcohol or drug use.
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 drug test when reasonable
suspicion of alcohol and/or drug use exists on the job and .when requested
by a responsible city representative.
d. Notify his or her supervisor before beginning work when taking any
medications or drugs, prescription or non-prescription, which may
foreseeablv interfere with the safe and effective performance of duties
including operation of city equipment.
e. Provide within 24 hours of request bonafide verification of a current valid
prescription for any potentially impairing drug or medication identified
when a drug screen is positive.
f. Notify the City of Cupertino within five working days after being
convicted of any drug related offense.
g. Notify the appropriate first-line supervisor upon observation of another
city employee whose behavior and/or physical characteristics are
reasonably suspicious and possibly harmful to himself/herse1f and/or
others.
2.5 Management Responsibilities and Guidelines
a. Managers and supervisors are responsible for understanding this policy
!nd 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
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Resolution No. 06-185
with their supervisors, department directors and Human Resources
Manager, and a joint decision based on ioint observation should be made
as to whether or not the employee should undergo a fitness for duty
medical examination.)
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 department director or
designee concurs that there is reasonable suspicion 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.
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