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Resolution No. 098761 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND ADOPTING VARIOUS POLICIES RELATING TO EMPLOYMENT WITH THE CITY AND EMPLOYEE WORK ENVIRONMENT WHEREAS, throughout the years, the City of Vernon (the "City,") has adopted various discrimination policies which include, but are not limited to, sexual harassment, harassment and the American �with Disabilities Act ("ADA") in accordance with state and federal laws; and WHEREAS, throughout the years, the City has adopted various workplace, policies which include, but are not limited to: drug, alcohol and substance abuse; violence in the workplace; equal opportunity employmen I t; retaliation; electronic communication systems and computer usage; workplace safety and security; workplace health and safety (OSHA); discipline/corrective action; and workplace complaints and grievances; and WHEREAS, all of the policies adopted throughout the years by the City have become part of an orientation package distributed to new and current employees to ensure the health and well-being of employees and to enable employees to work in an environment that enables them to perform their job functions in an environment free of any kind of harassment or discrimination; and WHEREAS, the Director of Human Resources determined that the current City workplace and discrimination policies needed to be updated to conform to current state.and federal requirements; and WHEREAS, for purposes of clarity in distributing the various policies to its employees, staff recommended that one resolution 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 be adopted approving all of the policies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE: CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves and adopts the following policies which are attached to this resolution as Exhibits A through I., respectively, and incorporated herein by this reference as though fully set forth at length: POLICY EXHIBIT DISCRIMINATION; EQUAL OPPORTUNITY EMPLOYMENT; A AMERICANS WITH DISABILITIES ACT; HARASSMENT; SEXUAL HARASSMENT VIOLENCE FREE WORKPLACE B HEALTH AND SAFETY C DRUG, ALCOHOL AND SUBSTANCE! ABUSE; USE, SALE, OR D POSSESSION OF DRUGS OR ALCOHOL; RANDOM SEARCHES DISCIPLINE/CORRECTIVE ACTION PROCESS E COMMUNICATION AND WORK ENVIRONMENT; RETALIATION F USE OF COMMUNICATIONS SYSTEMS; COMPUTER AND E-MAIL G USAGE; INTERNET USAGE DEPARTMENT OF TRANSPORTATION DRUG AND ALCOHOL TESTING H NO SMOKING I SECTION 3: The City Council of the City of Vernon hereby designee, to make whatever nonsubstantive and administrative changes, upon advice of counsel, to the policies as are necessary from time -to- - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 time in order to conform with state and federal laws and to carry out the intent of this Resolution. SECTION 4: The City Council does not by this resolution relinquish any of its duly constituted powers and reserves complete and exclusive discretion to determine matters relating to employment in conformance with its long standing view and policy that all employees of the City of Vernon not under contract serve at the will and pleasure of'the City Council. SECTION 5: All resolutions, parts of resolutions, or minute orders in conflict with this Resolution are hereby repealed. SECTION 6: It is the intent of the City Council of the City of Vernon that the policies adopted herein supersede and replace in their entirety any policy or portion of any policy heretofore adopted relating to employment with the City and employee work environment. SECTION 7: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this. 3 oth day of March, 2009. Name: Leonis C. Malburg Title: Mayor P A ST: ANUELA GI�RO ity Clerk - 3 - STATE OF CALIFORNIA 2 ss COUNTY OF LOS ANGELES 3 4 1, MANUELA GIRON, City Clerk of the City of Vernon, do hereby 5 certify that the foregoing Resolution, being Resolution No. 9876, was 6 duly adopted by the City Council of the City of Vernon at a re . gular 7 meeting of the City Council duly held on Monday, March 30, 2009, and 8 thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of 9 Vernon. 10 11 IMANUELA GIR�7r� g�lty Clerk 12 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 27 28 - 4 - EXHIBIT A DISCRIMINATION The City of Vernon prohibits any and all types of discrimination of its employees by other employees or any outside parties. Discrimination includes all forms of harassment including, verbal, sexual, visual and physical as well as any form of discrimination based upon any protected class including but not limited to: race, pregnancy, childbirth, military leave, creed, gender, religion, color, sex, national origin or ancestry, age, medical condition including genetic characteristics, physical or mental disability, veteran status, marital status or sexual orientation or any other consideration made unlawful by federal, state, or local laws. The City also prohibits unlawful discrimination based on the perception that anyone who has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics. All such discrimination is unlawful. However, it is impossible for the City to assist in the prevention of discrimination by third parties unless an employee notifies the Director of Human Resources, their Department Head, supervisor, or Director of Personnel of such discrimination. This policy applies to all areas of employment ' including recruitment, hiring, training, promotion, compensation, benefits, transfer, social and recreational programs. If an employee believes they have been subjected to any form of unlawftil discrimination, they are directed to submit a written complaint to the Director of Human Resources at the City. The complaint should be specific and should include the names of the individuals involved and the names of any witnesses. The City will immediately undertake an effective, thorough, and objective investigation and attempt to resolve the situation. If the City determines that unlawful discrimination has occurred, effective remedial action will be taken commensurate with the severity of the offense. Appropriate action will be taken to deter any future discrimination. The City will not retaliate against an employee for filing a complaint and will not knowingly permit retaliation by management, staff, employees or co-workers. EQUAL OPPORTUNITY EMPLOYMENT The City is committed to compliance with all applicable laws providing equal employment opportunities. This commitment applies to all persons involved in the City's operations and prohibits unlawful discrimination by any employee of the City, including Department Heads, supervisors, managers and/or co-workers. The Federal Equal Employment Opportunity Commission and state C-alifornia-Department of Fair Employment and Housing) investigate and prosecute complaints of prohibited discrimination in employment. If an employee believes they have been harassed or retaliated against for resisting or complaining about discrimination, they may file a complaint with the appropriate agency. The nearest office is listed in the telephone book. Discrimination; Equal Opportunity Employment; A - 1 EXHIBIT A ADA; Harassment; Sexual Harassment AMERICANS WITH DISABILITIES ACT The Americans with Disabilities Act (ADA) requires an employer to provide reasonable accommodations for individuals with disabilities, unless it would cause undue hardship. A reasonable accommodation is any change in the work environment or in the way a job is performed that enables a person with a disability to enjoy equal employment opportunities. The City of Vernon is committed to complying fully with the Americans with Disabilities Act (ADA) and ensuring equal opportunity in employment for qualified persons with disabilities. All employment practices and activities are conducted on a non- discriminatory basis. Hiring processes ' have been reviewed and provide persons with mental or physical limitations, meaningful employment opportunities. Pre -employment inquiries are made only regarding an applicant's ability to perform the essential job functions and duties of the position. In furtherance of the City's commitment to an equal opportunity workplace and in compliance with applicable laws protecting disabled persons, the City provides reasonable accommodations for the physical and/or mental limitations of an otherwise qualified disabled applicant or employee, unless that accommodation would result in undue hardship to the City., If an employee requires an accommodation they must inform the Office of Risk Management, the Director of Personnel or the Director of Human Resources that there is a need for an adjustment or change at work for a reason related to a medical condition. The City will respond promptly and, to the best of its ability, accommodate the needs of all employees. The City will not tolerate or permit retaliation in any form against any employee or applicant for requesting a reasonable accommodation in accordance with the Americans with Disabilities Act. HARASSMENT It is the City's policy to maintain a work environment free from all forms of harassment and to insist that all employees be treated with dignity, respect, and courtesy. Harassment, including sexual harassment, of one employee by another employee or supervisor is prohibited by law. The City's policy prohibits all forms of harassment and sexual harassment. All such harassment is unlawful. Prohibited unlawful harassment includes, but is not limited to, the following behavior: Verbal conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual advances, invitations, or comments; Discrimination; Equal Opportunity Employment; A-2 EXHIBITA ADA; Harassment; Sexual Harassment Visual displays such as derogatory and/or sexually -oriented posters, photography, cartoons, drawings, or gestures; Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with work because of gender, race, or any other protected basis; Threats and demands to submit to sexual requests as a condition of continued employment, or to avoid some other loss, and offers of employment benefits in return for sexual favors; and The City of Vernon cannot honor its commitment to maintain a work environment free of harassment without the employees' commitment to report and notify management immediately upon witnessing or experiencing, such conduct. As an employee, you have a role in keeping the City free from harassment. If you believe you have been harassed or if you become aware of an incident of harassment, immediately report the matter to the Director of Human Resources. Your complaint should be specific and should include the names of the individuals involved and the names of any witnesses. The complaint will be promptly investigated in a discreet manner with information disclosed only on a need -to - know basis. Investigation of a complaint will normally include conferring with the parties involved and any named or apparent witnesses. The City will take all appropriate steps, including all necessary disciplinary action, to stop the offensive or inappropriate behavior. Appropriate action will be taken to deter any future harassment. Harassment complaints are taken very seriously and the City wants the opportunity to resolve any problems. An outside third party may be asked to conduct the investigation. The Federal Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing investigate and prosecute complaints of prohibited harassment in employment. If you think you have been harassed or that you have been retaliated against for resisting or complaining, you may file a complaint with the appropriate agency. The nearest office is listed in the telephone book. SEXUAL HARASSMENT Sexual harassment of an applicant or employee by a supervisor, mana ement employee, 9 co-worker or a non -employee at the City of Vernon, will not be tolerated. Employees of the City of Vernon will not engage in sexual harassment. All City -of Vernon employees shall report any sexual harassment, whether directed at them or at someone else, to the Director of Human Resources. The City is committed to compliance with all state and federal laws relating to sexual harassment and provides internal procedures by which allegations of prohibited conduct are filed, investigated promptly and handled in a reasonable and fair manner. Discrimination; Equal Opportunity Employment; A-3 EXHIBIT A ADA; Harassment; Sexual Harassment Sexual Harassment is a form of sex discrimination that violates the law. The Fair Employment and Housing Act (FEHA) defines sexual harassment as harassment based on sex or of a sexual nature; gender harassment; and harassment based on pregnancy, childbirth, or related medical conditions. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when the conduct is severe and pervasive so as to explicitly or implicitly affect an individual's employment or unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work'envirom-nent. Sexual harassment can occur in a variety of circumstances, including but not limited to the following: • The victim as well as the harasser can be a woman or a man. The victim does not have to be of the opposite sex. • The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area of the City, a co-worker, or a non -employee. • The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. • Unlawful sexual harassment may occur without economic injury or discharge of the victim. • The harasser's conduct must be unwelcome. Sexual Harassment is prohibited and can include the following: • Sexual propositions • Sexualinnuendo • Sexually suggestive comments, epithets or slurs • Sexually oriented teasing or kidding • Sexually oriented jokes Obscene gestures or language Obscene or sexually suggestive pictures or drawings Physical contact, such as patting, pinching or touching, Unwanted sexual advances Offering employment benefits in exchange for sexual favors. Making or threatening reprisals after a negative response to sexual advances. • Visual conduct such as leering, making sexual gestures, displaying of sexual suggestive objects or pictures, cartoons or posters. • Verbal conduct such asmaking or using derogatory comments, epithets, slurs, and jokes. • Verbal sexual advances or propositions. • Ve ' rbal abuse of a sexual -nature -such-as graphic -verbal-commentaries-about--an----- individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes, or invitations. • Offensive gestures (including attempts to look inside an employee's clothing); • Questioning an employee about his or her sexual history or sexual practices; Discrimination; Equal Opportunity Employment; A-4 EXHIBITA ADA; Harassment; Sexual Harassment • Any offensive touching (i.e., touching that would be found offensive under the circumstances by a reasonable person of the harassed employee's sex). • Physical conduct such as touching, assault, impeding or blocking movements. Department Heads, supervisors, managers and employees shall report any incident that may be interpreted to constitute sexual harassment to the Director of Human Resources. The Director of Human Resources shall commence a prompt, fair and reasonable investigation into the allegations and shall report back to the person making the complaints the outcome of the investigation. The Director of Human Resources shall institute remedial action wherever possible. Disciplinary action, up to and including termination, will be instituted where it is determined that any form of sexual harassment occurred. Every effort will be made to protect the privacy of parties involved in a complaint. Files pertaining to complaints will not be made available to the general public. All employees, supervisors and managers shall.be sent copies of this Policy, and this Policy shall be given to each new employee in their orientation packet. Sexual harassment, as defined above, violates Title VII of the Civil Rights Act of 1964, the California Government Code, and regulatory guidelines of the Equal Employment Opportunity Commission, and of the California Fair Employrilent and Housing Commission. Employees should understand that the City considers violations of this Policy to be serious matters and that, although disciplinary action will be calculated to end harassment, employees may be terminated for sexual harassment. The City's policy regarding sexual harassment is not intended, in any way, to alter the at -will employment relationship that exists between the City of Vernon and its employees. Consistent with said at -will employment relationship, all employees may be terminated without cause. Discrimination; Equal Opportunity Employment; A-5 EXHIBITA ADA; Harassment; Sexual Harassment EXHIBIT B VIOLENCE FREE WORKPLACE POLICY The City of Vernon is committed to workplace safety. As part of this commitment, the City is specifically committed to providing a workplace that is free of threats or acts of violence and is committed to protecting employees, contractors, and visitors from such conduct on its premises and work sites. In keeping with this commitment, the City has established a strict "zero tolerance" policy that prohibits any person from engaging in behavior that is violent, threatening or intimidating, while at the City. This policy applies to all employees, contractors, staff, including management and non - supervisory staff. In addition, the City is committed to preventing violent or threatening behavior on any City premises by visitors, guests, customers, contractors,, employees and/or staff. However, the City cannot prevent behavior it does not know about. Therefore it is each employee's responsibility to notify their Department Head or any member of management of the City immediately when an employee witnesses any form of violent, threatening or intimidating behavior in or around the City's office or properties. For purposes of this policy, "work environment" and/or "workplace" includes, but is not limited to City buildings, vehicles, equipment, property, or any location where a City employee is on duty. Except with respect to City of Vernon sworn police personnel, and unless (1) it serves a work - related purpose, and (2) the employee has received his/her Department Head's approval in writing, City employees and/or any other person(s) working on City premises or using City property shall not possess in the workplace, including in their vehicles at work, any item identified in California Penal Code Section 1200 et seq., including but not limited to: a. Firearms b. Explosives/ammunition Fixed blade knives d. Folding knives with blades over three and one-half (3 1/2) inches in length e. Destructive devices Employees shall not commit acts or threats of violence including conduct which creates a hostile, abusive or intimidating work environment for a City employee. Examples of violent acts or threats of violence that are prohibited in the workplace include, but are not limited to: a. Striking, punching, slapping, shoving or assaulting another person. b. Threatening harm or harming another person or any other action or conduct that implies the threat of bodily harm. C. Fighting or challenging another person to fight. Workplace Safety Policy 2009 B - I EXHIBIT B d. Threatening to destroy or actually destroying City property and/or property of City employees and/or non -City employees. e. , Throwing objects with the intent to injure or harm. Making or instigating harassing and/or threatening telephone calls, electronic and/or computer graphics and messages. 9. Harassing surveillance or stalking. h. Possession, use or threat of use of a gun, knife or other weapon of any kind unless such possession and use is a requirement of the employee's job and is done so in accordance with his/her department's policy. Engaging in threatening, dangerous, or unwanted horseplay. Grabbing, pinching or touching another person in an unwanted way, whether sexually or otherwise. Any employee who is the victim of any violent, threatening or harassing conduct, any witness to such conduct, or anyone receiving a report of such conduct, whether the perpetrator is a City employee or a non -employee, shall immediately report the incident to their supervisor or other appropriate person. Should the employee perceive that he or she is in immediate apparent danger of a violent act, or has been victimized by a violent act, or is a witness to a violent act, he or she shall, whenever possible: (i) Place themselves in a safe location. (ii) If possible, call the Police Department and request immediate response of a police officer and be prepared to inform the police dispatcher of the circumstances and the exact location of where an officer is needed. (iii) Inform a supervisor, manager, the Director of Persorniel or Director of Human Resources of the circumstances. (iv) Complete a Security Incident Report (Attachment A) as soon as possible and submit the original copy to the Director of Personnel or her designee, and retain a photocopy. (v) Cooperate fully in any administrative or criminal investigation, which shall be conducted within existing policies and laws. Workplace Safety Policy 2009 B-2 EXHIBIT B A supervisor/manager informed of an imminent or actual violent act or the threat of a violent act as defined by this policy shall, whenever possible, ensure the immediate safety of the employee and, if appropriate, shall call the Police Department if this has not already been done, and notify the Department Head. Additionally, media inquiries related to violent acts or threats of violent acts that fall within the purview of this policy should be directed to the Police Department Watch Commander. Employees who have reason to believe they or any City employee may be the subject of a violent act in the work environment or as a result of their City employment shall immediately notify their supervisor and /or their Department Head. Employees who have obtained a temporary or permanent restraining court order to protect themselves from another individual shall immediately supply a copy of the signed order to the Vernon Police Department. Employees should provide a description of the individual named in the restraining order, (or, if readily available, a recent photograph of the named individual). The employee should advise the Court to include the City workplace in the restraining order. Employees who are in violation of this policy may be subject to disciplinary action up to and including termination and criminal prosecution as may be appropriate. The City does have recourse for non -City employees who pose a threat in any City workplace as follows: (i) Oral and/or written waming(s) by department management (ii) Refusal of service (iii) Criminal prosecution No employee shall retaliate against another employee who reports an incident pursuant to this policy. However, any employee who makes a report under this Policy which the employee knows or should know is false shall be subject to disciplinary action up to and including termination. (Attachment A — Workplace Security Incident Report) Workplace Safety Policy 2009 B-3 EXHIBIT B Attachment A CITY OF VERNON WORKPLACE SECURITY INCIDENT REPORT Employee Name: (please print) When did this incident occur? Date: Time: a.m. p.m. Where did this incident occur? Who was involved in this incident? Name(s) Fellow Employee Member of Public Relative/Friend Spouse/Significant Other City Contractor If unknown, please describe the person(s) involved Type of Incident — (check all that apply) Physical Assault Property Damage Threatening Letter/E-Mail Verbal Assault Possessing a Weapon Threatening Telephone Call Stalking Brandishing a Weapon Other (Describe) Describe what happened: Were there any witnesses to this incident? Yes No Uncertain If "Yes" and if you can identify them, please indicate the witness(es) name(s): Witness I Witness 2 Was your Supervisor or Department Head notified of this incident? Yes No Was the Police Department notified of this incident? Yes No Was a restraining order filed? Yes No Was a Police report filed? Yes No Employee's Department Employee's Signature Date NOTE: Any employee who knowingly submits afalse Security Incident Report may he subject 4o discipline up to and in' eluding termination. Distribution: Original to Personnel/Duplicate to Employee Workplace Safety Policy 2009 B-4 EXHIBIT B EXHIBIT C HEALTH AND SAFETY The City of Vernon is committed to protecting the safety of its employees and following OSHA guidelines. Each and every employee is expected to make his/her best effort to make the workplace safe for employees, contractors and visitors. The City has both an emergency action plan and a fire prevention plan for employee safety. For a copy of these plans, please see the Office of Risk Management. If an employee detects any safety or security hazard, they should notify the Vernon Police Department dispatch at 323-587-,5171 immediately. In addition, if an employee becomes aware of any on the premises or on-the-job accident or injury, they should immediately notify the Office of Risk Management. Not following City procedures and/or OSHA guidelines is considered to be a serious violation of the City's policy. Disciplinary action, up to and including termination, may result. Health and Safety-OSHA-09 C - I EXHIBIT C EXHIBIT D DRUG, ALCOHOL AND SUBSTANCE ABUSE POLICY The use, possession, distribution, or sale of alcohol or drugs at the workplace, or elsewhere while conducting business on behalf of the City of Vernon, is prohibited and considered a willful violation' of policy. Intoxication or impairment on'the job due to alcohol or drugs, whether ingested on or off work premises, is also a violation. All employees must report to work in a fit condition to perform their jobs safely and competently. Violation of this policy will result in termination of employment. This policy includes misuse/ab'use of prescription drugs-. If you are taking prescribed drugs which may impair your abilities to perform your essential job functions or if the drugs cause drowsiness and you work with equipment, machinery or tools which could affect your safety and/or the safety of anyone around you, you must report the prescription to the Office of Risk Management. It is the intent of the City to operate in an environment free of drugs and alcohol. The City believes that use of drugs or alcohol, or being under the influence of the same, jeopardizes the welfare and safety of employees, co-workers, and others, as well as the productivity and efficiency of the entire City. Employee compliance with the following provisions of this workplace drug and alcohol policy is mandatory. USE, SALE, OR POSSESSION OF DRUGS OR ALCOHOL Illegal Drugs or Alcohol The manufacture, possession, distribution, or purchase of an illegal drug or of alcohol by any employee, or being under the influence of an illegal drug or alcohol, while working or while performing any services for the City is prohibited. "Under the influence" is defined as any measurable amount of drugs or alcohol present in an employee. Drinking any alcohol beverage at lunch as well as the misuse of prescription drugs is prohibited when it results in placing an employee 'under the influence'. Legal Drugs (Prescription and Over -the -Counter) Using or being under the influence of any legally obtained drug while performing work for the City is prohibited to the extent that such use or influence affects job safety or efficiency. Employees who will use legal drugs that can affect their job safety or the safety of thosearound them, should immediately inforrn the Office of Risk Management. The City may consult with the prescribing physician to learn the expected effect of the drug and/or require a written statement from the physician that continued work would be safe and efficient. An employee may continue to work if the City determines that the employee does not pose a safety threat and that job performance is not affected by use of the drug. Drug, Alcohol and Substance Abuse — 09 D - 1 EXHIBIT D The City is supportive of employees who seek help for their dependency problems. As a result, the City will make reasonable efforts to accommodate an employee in a formal dependency program as required under applicable law. All employees must report a charge for drinking under the influence, use, possession, conviction or sale of unlawful drugs to their supervisor, Department Head and/or Director of Human Resources immediately but in no circumstances more than 10 calendar days from the date of occurrence. Violation of this policy at any time during employment may result in employee discipline up to and including termination. C. Knowledge of Use by Others It is the responsibility of all employees to ensure that the work environment is free of alcohol and drugs. Any employee who has knowledge of the violation of this Policy by another employee and does not report it may have their employment with the City terminated. RANDOM SEARCHES The City may conduct unannounced searches of the workplace for illegal drugs or alcohol. Employees are expected to cooperate in the conduct of such searches. Searches of employees and their personal property may be conducted when there is reasonable suspicion that an employee is in violation of this Policy. An employee's consent to such a search is required. Refusal to consent may result in termination of the employee, although the employee will first have the opportunity to contest the basis for the "reasonable suspicion." Drug, Alcohol and Substance Abuse — 09 D - 2 EXHIBIT D EXHIBIT E DISCIPLINEXORRECTIVE ACTION PROCESS Employment with the City of Vernon is at -will and, therefore, no disciplinary process is required. Additionally, the City Council reserves the exclusive authority to discipline and terminate employees of the City. Discretionary discipline may be used where the City deems it to be appropriate. Nothing within the disciplinary process is meant to create a contract of employment or change the at -will nature of employment. The City Council continues to reserve the right to apply discipline as they see fit depending on the particular circumstances of a given situation. The disciplinary process may, but need not, include: Verbal warning by a Department Head describing the nature of the problem and corrective action needed, documented in the employee's personnel file. Written warning by a Department Head which may or may not include a probationary period to resolve the problem. The written warning will include the exact nature of the problem and a method to resolve the problem, including steps to improve, the promise of feedback, and the time period and expectation for improvement. Written reprimand by a Department Head which may or may not include a probationary period to resolve the problem. The written reprimand will include the exact nature of the problem and a method to resolve the problem, including steps to improve, the promise of feedback, and the time period and expectation for improvement and will be at the discretion of City Council. Suspension without pay by a Department Head pending City Council's direction regarding discipline up to and including termination. If the problem is not corrected within the probationary period or further problems arise, the employee may be further disciplined, up to and including termination. Discipline/Corrective Action — 09 E - 1 EXHIBIT E EXHIBIT F COMMUNICATION AND WORK ENVIRONMENT Open Door Policy for all Complaints and/or Grievances The City of Vernon respects its employees and supports an open door policy to promote better understanding between individuals. If employees have a good -faith complaint, suggestion or question about their job or the working conditions, the City requests that they utilize the following procedure: I . The problem should be brought by the employee to their supervisor. If the problem lies with the supervisor, the employee should address the problem with the next person in their chain of command. 2. If the employee feels uncomfortable addressing the problem within their chain of command, they should, as soon as possible, bring the situation to the attention of the Director of Human Resources. This should be in writing but can be orally. 3. An employee may also present any complaint, suggestion or question to City Council at any Open Session. 4. The City, upon receiving notice about an employee complaint and/or grievance, will investigate the situation promptly, reasonably and fairly and will report its findings back to the employee. All investigations will be conducted confidentially to the extent possible. This process may not result in an outcome that satisfies all involved; however, the process will be fair and the City welcomes and appreciates employee input. Employees can raise good -faith concerns without any fear of retaliation. RETALIATION The City will not fire, demote, harass or otherwise "retaliate" against an individual for filing a charge of discrimination, participating in a discriminatory proceeding or otherwise opposing discrimination. The same laws that prohibit discrimination based on race, pregnancy, childbirth, military leave, creed, gender, religion, color, sex, national origin or ancestry, age, medical condition including genetic characteristics, physical or mental disability, veteran status, marita'l status or sexual orientation or any other consideration made unlawful by federal, state, or local laws, as well as wage differences between men and women performing essentially equal work, also prohibit retaliation against individuals. Complaints-Retaliation-09 F - 1 EXHIBU F EXHIBIT G USE OF COMMUNICATION SYSTEMS It is the intent of the City of Vernon to provide the communication systems necessary'for employees to conduct business on behalf of the City. Employees are expected to adhere to proper use of all communications systems. These include but are not limited to the Telephone, Electronic Mail (E-Mail), Facsimile, Internet, City Intranet, Voice Mail, Computers of any kind, Modems, Systems Software, Cellular Phones, Blackberries and I - Phones. Employees are permitted use of City owned property and must comply with all City policies and procedures with respect to use of the same. All communications systems are owned and operated by the City of Vernon and are to be used exclusively for City business. Employees should have no expectation of privacy of any correspondence, messages or information in any of the systems. Additionally, deleted and/or erased items may be maintained on back up servers. The City of Vernon reserves the right to access and disclose, all messages sent over its e- mail system for any purpose. Employees should remember that when accessing the City's communication systems, they are representing the City in all their actions and, therefore, all communications should be for professional reasons. Employees are responsible for using all aspects of all communication systems in an effective, ethical and lawful manner. COMPUTER AND E MAIL USAGE Computers, computer files, the e-mail system, internet/intranet access and search engines as well as software furnished to employees are property of the City and intended for City business use only. Employees should not use a password, access a file, or retrieve any stored communication without authorization. To ensure compliance with this policy, computer and e-mail usage may be randomly monitored. The City strives to maintain a workplace free of harassment and is sensitive to the diversity of its employees. Therefore, the City prohibits the use of the computers and e- mail system in ways that are disruptive, offensive to others, or harmful to morale. For example, the display or transmission of sexually explicit images, messages and cartoons are not allowed. Other such misuse includes, but is not limited to, ethnic slurs, racial comments, off-color jokes, or anything that is unlawful or may be construed as harassment or showing disrespect for others. Harassment of any form will not be tolerated. Downloading and opening of suspect attachments is strictly prohibited. If an employee receives a suspect attachment, notify the Information Technology ("IT") Department immediately. It is imperative that the City protect it's server from viruses, spam and unwanted solicitations. Computer and E-Mail 2009 G - I EXHIBIT G E-mail may not be used to solicit others for commercial ventures, religious or political causes, outside organizations or other non -business related matters. Employees should notify their immediate supervisor or Department Head upon leaming of violations of this policy. Employees who violate this policy will be subject to disciplinary action, up to and including termination of employment. INTERNET USAGE Internet access to global electronic information resources on the World Wide Web is provided by the City to assist employees to obtain work related data and technology. The klowing guidelines have been establi shed to help ensure responsible and productive internet usage. All internet data that is composed, transmitted, or received on the City's computer communications systems is considered to be part of the City's official records and, as such, subject to full disclosure pursuant to the Public Records Act. Consequently, employees should always ensure that the business information contained in internet and e-mail messages and other transmissions are accurate, appropriate, ethical and lawful. The equipment, services and technology provided to access the internet remain at all times the property of the City. As such, the City reserves the right to monitor internet traffic, and retrieve and read any data composed, sent, or received through the City's on- line connections and stored in the City's computer systems. Abuse of the internet access provided by the City in violation of the law or in violation of the City's policies will result in disciplinary action, up to and including termination of employment. Employees may also be held personally liable for any violations of this policy. The following behaviors are examples of previously stated or additional actions and activities that are prohibited and can result in disciplinary action: • Sending or posting discriminatory, harassing or threatening messages or images • Using the City's time and resources for personal gain Stealing, using or disclosing someone else's code or password without authorization • Copying, pirating, or downloading software and electronic files without permission • Violating copyright law • Failing to observe licensing agreements -Expressing personal views unrelated to bus ness matters ------ Solicitation of non -City business Interference with productivity or operations Computer �nd E-Mail 2009 G-2 EXHIBIT G Great care must be taken when downloading information and files from the internet to safeguard against both malicious code and also inappropriate material. Additionally, downloading of music, videos,or photographs on to City -issued or owned equipment from other sources may cause a virus or breach of the City's security system and/or firewall and therefore, must be perforined by authorized IT personnel only. City Issued Equipme All of the rules stated above apply to any and all City -issued, and owned equipment. All equipment issued to employees is the exclusive property of the City and should not be used by anyone other than the employee without prior authorization from IT. Employees are responsible for lost or stolen,City issued equipment. Confidential Information Sensitive or confidential information may only be transferred using secure channels. Both the owner of the information and the intended recipient must authorize the transmissions beforehand. Usina Removable Storage Media Including Diskettes and Cds Only personnel who are authorized to install or modify software shall use removable media to transfer data to/from the City's network. Any other persons shall require specific authorization. Using Lqptop/Portable Computers Employees who are issued portable computers and who intend to travel for business purposes must be made aware of the information security issues relating to portable computing facilities and implement the appropriate safeguards to minimize the risks. Working from Home or Other Off -Site Locations Off��ffiputer`usage, whether at home or at other locations, may only be used with the authorization of the appropriate line of management. Usage is restricted to business purposes, and users must be aware of and accept the terms and conditions of use, which must include the adoption of adequate and appropriate information security measures. Computer and E-Mail 2009 G-3 EXHIBIT G Moving Hardware from -One Location to Another Any movement of hardware between the City's locations is to be strictly controlled and performed by authorized IT personnel. Using Mobile Phones Personnel issued mobile phones by the City are responsible for using them in a manner consistent with the, confidentiality level of the matters being discussed. Logon and Logoff from Employee CoMputer Users should not be leaving their screen unattended and should log off or lock their screens if they leave their desk. Answering Machines/Voicernail Sensitive or confidential information must not be recorded on Answering Machine and/or Voice Mail systems. Damage to Equipme Deliberate or accidental damage to City property must be reported to the Information Technology Department or immediate supervisor as soon as it is noticed. Personal E-Mail Accounts Employees are not permitted to create or access unauthorized personal e-mail accounts on any City -issued equipment. Additionally, City business should not be conducted on personal e-mail accounts (or on any e-mail accounts not created by the City's IT Department) if they are not properly secured or protected by the City's IT Department. Computer and E-Mail 2009 G-4 EXHIBIT G EXHIBIT H CITY OF VERNON DRUG & ALCOHOL TESTING POLICY FOR EMPLOYEES SUBJECT TO DEPARTMENT OF TRANSPORTATION TESTING REGULATIONS DOT Drug and Alcohol Testing H - 1 EXHIBIT H TABLE OF CONTENTS Page 1.0 POLICY OBJECTIVES 1 2.0 APPLICABILITY 1 3.0 DEFINITIONS I • Alcohol I • Alcohol use 2 • Chain of custody 2 • Commercial Motor Vehicles 2 • Current use of drugs 2 • Driver 2 • Illegal drug 3 Legal Drug 3 Reasonable suspicion 3 Safety- sensitive function 3 Under the influence 3 4.0 ASSIGNED RESPONSIBILITY 4 5.0 POLICY 4 A. Pre-EMployment Screening 4 B. On the Job Use, Possession, Distribution or Sale of Drugs and/or Alcohol 4 C. Use of Prescribed Drugs and Over -The -Counter Medications — Notification to SMervisor 4 D. Use of Prescribed Drugs and Over - The -Counter Medications — Physici Clearance Requirement 5 E. Off DILty Use 5 F. Search Procedures 6 G. Actions Taken if Employee is in Violation of Policy 6 H. SWervisor's Responsibilily 6 DOT Drug and Alcohol Testing H - 2 EXHIBIT H 1. City Administrator and Risk Management/Personnel Office Notification 6.0 EMPLOYEE ASSISTANCE A. Referrals B. Reasonable Accommodation C. Violation of Policv 7.0 MANDATORY TREATMENT A. First Offense — Rehabilitation Program B. Treatment by Refiabilitation Program Counselor C. Unsatisfactory Proaress D. Leave of Absence Without Pay E. Rehabilitation Program In Lieu of Termination Not Allowed For Second Offense F. Re-entry Agreement 8.0 EMPLOYEE RESPONSIBILITIES 9.0 MANAGEMENT RESPONSIBILITIES AND GUIDELINES 10.0 PHYSICAL EXAMINATION PROCEDURES A. Consent For Drug/Alcohol Teqjjjg B. Drug and/or Alcohol Analysis Testing C. Drug and/or Alcohol Analysis on Urine Sqmples D. When Urine and/or Blood Sample Taken E. Chain of Custody Form 11.0 REQUIRED TESTS A. Pre-EMployment Testing 6 6 6 7 7 7 7 8 8 8 9 9 9 10 12 12 12 12 13 13 13 13 DOT Drug and Alcohol Testing H - 3 EXHIBIT H B. Post -Accident Testing C. Random Testing D. Reasonable Susi)icion Testing E. Returnjo-DjLty Tgs� F. Follow gp Testing 12.0 CONSEQUENCES FOR DRIVERS ENGAGING IN SUBSTANCE USE -RELATED CONDUCT A. Removal from Safety -Sensitive Functions B. Required Evaluation and Testing C. Other Alcohol -Related Conduct 13.0 RESULTS OF DRUG AND/OR ALCOHOL ANALYSIS A. Performance of Confirmation Test B. Valid Prescription for Drugs/Medications C. Investigation by City if Drug and/o Alcohol Analysis is Positive 14.0 'CONFIDENTIALITY 13 15 16 17 18 18 18 18 18 19 19 19 19 20 DOT Drug and Alcohol Testing H - 4 EXHIBIT H 1.0 POLICY OBJECTIVE: The City of Vernon ("the City") generally maintains a policy of not tolerating any, drug or alcohol use by any City employee. The Department of Transportation ("DOT") has promulgated alcohol and drug regulations (40 CFR Part 382) which are designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances, and which are made applicable to every person who operates a commercial motor vehicle in interstate or intrastate commerce, and is subject to commercial driver's license requirements. This policy is intended to satisfy the City's obligations under the DOT regulations. The policy should in no way be construed as prohibiting the City from applying other drug -testing! procedures to all of its employees to the extent allowed by law. All persons covered by this policy should be aware that violations of the policy may result in discipline, up to and including termination, or in not being hired. Nevertheless, the policy is not intended by the City in any way to affect the rights of the City and its employees pursuant to their at - will employment relationship. 2.0 APPLICABILITY: All employees who operate commercial motor vehicles and who are subject to the commercial driver's license requirements. Pursuant to Vehicles Code: 34520 (e), this policy also applies to the City's firefighters. 3.0 DEFINITIONS: "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol, or, other low molecular weight alcohols, including methyl and isopropyl alcohol. -I- DOT Drug and Alcohol Testing H - 5 EXHIBIT H 0 "Alcohol use" means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. 0 "Chain of custody" means procedures to an account for the integrity of each urine or blood specimen by tracking its handling or storage from point of specimen collection to final disposition of the specimen. 0 "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle- (1) Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or, (2) Has a gross vehicle weight rating of 26,001 or more pounds; or, (3) Is designed to transport 16 or more passengers, including the driver; or, (4) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act in which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49CFR . Part 172, subpart F). "Current use of drugs" means that the illegal drug use occurred recently enough to indicate that the individual is still actively engaged in this conduct. 0 "Driver" means any City employee whose job duties require the operation of a commercial motor vehicle and is subject to commercial driver's licensed requirements. This includes, but is not limited to: ftill time, regularly employed drivers and casual, intermittent or occasional drivers. For the purposes of pre-employment/pre-duty testing only, the term "driver" - -- - - -- includes a person applying to the City to drive a City -owned vehicle, or whose job description -2- DOT Drug and Alcohol Testing H - 6 EXHIBIT H would require the ability to drive a vehicle. "Illegal drug" includes any drug which is not legally obtainable or possessed or which is legally obtainable but has not been legally obtained. The term includes prescribed drugs which were not legally obtained or are not being used for prescribed purposes. 0 "Legal drug" includes prescribed drugs and over-the—counter drugs and/or medications which have been legally obtained and are being used for the purpose for which they were prescribed or manufactured. 0 �'Reasonable suspicion" is a belief based on specific, contemporaneous, articulable observations concerning appearance, behavior, speech or body odors, or other objective and articulable observations sufficient to lead a reasonable manager/supervisor to suspect that an employee is under the influence of drugs and/or alcohol. Instances of reasonable suspicion include but are not limited to when (1) and employee appears intoxicated, confused or uncoordinated; (2) exhibits marked personality changes or changes in conduct or shows irrational behavior; or (3) following accidents or serious incidents where there is reason to believe the employee's faculties are impaired, presenting a reasonable likelihood of danger to his/her own safety or the safety of others. 0 "Safety -sensitive function" for purposes of this policy means the operation of any City I owned commercial motor vehicle. "Under the influence" means that the employee is affected by any drug and/or alcohol or any combination thereof in any detectable manner. The symptoms of influence are not confined to those consistent with misbehavior, nor to obvious impairment of physical or mental ability, such as slurred speech or difficulty in maintaining balance. A determination of influence can be -3- DOT Drug and Alcohol Testing H - 7 EXHIBFF H established by public perception, a professional opinion, a scientifically valid test and in some cases, by a lay person's opinion. 4.0 ASSIGNED RESPONSIBILITY: It shall be the responsibility of all department heads, managers, and supervisors to ensure that all covered employees abide by the provisions of this policy. Any questions regarding the policy should be addressed to the Risk Management/Personnel Office. 5.0 POLICY: A. Pre -Employment Screenin . All applicants accepted for employment in positions covered by this policy shall be informed that a pre -placement physical assessment is mandatory, that an initial drug and alcohol screening will be conducted during that examination and that a positive result could disqualify the applicant. B. On the Job Use, Possession, Distribution or Sale of Druas and/or Alcohol. No employee shall report to work while under the influence of drugs and/or alcohol, possess or utilize such substances while on assigned duty or subject to scheduled City duty, sell, manufacture or furnish drugs or alcohol to any other person, or have their ability to work impaired as a result of the use of alcohol and/or drugs. C. Use of Prescribed Drugs and Over -The -Counter Medications -Notification to SLipervisor. The use of prescribed drugs and over-the-counter medications which have been legally obtained and are being used for the purpose for which they were prescribed or manufactured are not per se a violation of this policy. Nevertheless, when taking such drugs or in DOT Drug and Alcohol Testing H - 8 EXHIBIT H medications which may interfere with the safe and effective performance of duties or operation of City equipment, City employees must notify their supervisor of the need for such consumption before beginning work on that date. D. Use of Prescribed Drugs and Over -The -Counter Medications- Physician Clearance Requirement. An employee. who conducts non -safety -sensitive functions may continue to work, even though under the influence of a legally prescribed drug, if the City has determined after consultation, that the employee does not pose a threat to the employee's own safety or the safety of others, and that the employee's job performance is not significantly affected by the legal drug Otherwise, the employee may be required to take a leave of absence or comply with other appropriate action determined by the City. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such drugs or medications, clearance from a qualified physician will be required. Nevertheless, no employee who is required to perform safety -sensitive functions shall report to duty or remain on duty when that employee is under the influence of controlled substances, including such substances which may be taken pursuant to the instructions of a physician, unless the physician has advised that the substance does not adversely affect the ability to perform the safety -sensitive functions required of that employee. E. Off Duty Use. Off duty use of alcohol, prescription drugs and medications or other controlled substances that result in substandard job performance or misconduct, or infringe upon the maintenance of a safe, healthful and efficient working environment, may be subject to appropriate - - - - - - disciplinary action up to and including termination. -5- DOT Drug and Alcohol Testing , H - 9 EXHIBIT H F. Search Procedures. The City reserves the right to search all areas. and property under which it maintains full control to the extent authorized by the Public Safety Officers' Procedural Bill of Rights (Government Code Sections 3300 gLseq.), by the constitutional limitations upon search and seizure, and by constitutional right of privacy. G. Actions Taken if Employee is in Violation of Policy. Employees reasonably believed to be in violation of this policy shall be prevented from engaging in further work activity and may be detained for a reasonable time until transportation from the work site can be facilitated. H. SLipervisor's Responsibili A supervisor will accompany the employee to the clinic for testing. The supervisor will wait until testing is completed and then either take the employee home or assure that transportation from the work site can be facilitated. 1. Ci1y Administrator and Risk Management/Personnel Office Notification. In all instances of a violation of this policy, the City Administrator and the Risk Management/Personnel Office shall be notified immediately as a matter of proper procedure. 6.0 EMPLOYEE ASSISTANCE: A. Referrals. The City recognizes alcohol and/or drug dependency as an illness and a major health problem. The City also recognizes alcohol and/or drug abuse as potential health, safety and security problems. The City encourages employees to seek help for alcohol and/or drug abuse/ Im DOT Drug and Alcohol Testing H - 10 EXHIBIT H dependency and other personal or emotional problems. Employees needing help in dealing with such issues are encouraged to contact the Risk Management/Personnel Office for optional referrals. B. Reasonable Accommodation. The City is committed to providing reasonable accommodation to those employees whose drug and/or alcohol problems constitute a "disability" under federal law and will cooperate with such efforts to the full extent required by the law. C. Violation of Policy. No employee who voluntarily seeks treatment shall be disciplined. or discriminated against in any manner for having done so. However, any employee who seeks treatment but is found to be "currently engaging" in drug use shall be in violation of this policy. 7.0 MANDATORY TREATMENT. This section shall not be interpreted as limiting the City's independent authority to take any personnel action otherwise authorized by the law, including those actions consistent with the at -will employment relationship which exists between the City and all of its employees. Mandatory treatment, rather than termination, may be made as follows: A. First Offense — Rehabilitation Progr Upon a first offense of a violation of this policy not involving reasonable suspicion of on—the-job impairment or accident as defined by this policy, an employee shall be advised of the names and addresses of substance abuse professionals and counseling and treatment programs. The employee will be relieved of safety -sensitive functions until completion of the rehabilitation program to the satisfaction of the rehabilitation counselor, a return of an alcohol test -7- DOT Drug and Alcohol Testing H - 11 EXHIBIT H indicating an alcohol concentration of less than 0.02, or if the offense involved controlled substances, the return of a negative drug test and signing of a re-entry agreement as discussed further below. B. Treatment by Rehabilitation Program Counselor. An employee subject to mandatory treatment must agree to undertake and to complete successfully a course of treatment as deemed appropriate by the rehabilitation program counselor. Any employee refusing to comply with a mandatory referral is subject to termination. After the employee returns to duty, the employee will be subject to unannounced follow-up alcohol and controlled substances tests. The number and frequency of such tests will be as directed by the substance abuse professional and consist of at least six tests in the first 12 months following the return to duty. If the substances abuse professional then determines that testing is no longer necessary, the testing requirement will be terminated. C. Unsatisfactory Progress. If an employee fails to conform to the requirements of the rehabilitation program and/or fails to complete the program and/or fails to remain drug free, the employee may be terminated. As part of the terms of the mandatory referral, the employee agrees that the provider and/or rehabilitation counselor will report to the employee's supervisor or manager any failure on the part of the employee to cooperate in the rehabilitation program or to progress through the program to the satisfaction of the counselor. D. Leave of Absence Without P . The City will require the employee to charge vacation or other leave credits while the employee participates in the rehabilitation or treatment program. If no leave credits are in DOT Drug and Alcohol Testing H - 12 EXHIBIT H available to the employee, he or she may, if deemed necessary by management, be placed on a leave of absence without pay for the duration of the rehabilitation or treatment program. E. Rehabilitation Program In Lieu of Termination Not Allowed For Second Offense. An employee will not be allowed a rehabilitation program in lieu of termination for a second violation of this policy- F. Re-entry Agreement. An employee who desires to return to work after a mandatory referral must agree to the terms of a Re-entry Agreement, the terms of which shall be established by the City in its sole discretion. 8.0 EMPLOYEE RESPONSIBILITIES: Employees are expected to support the maintenance of a drug and alcohol free work place, and. in so doing: A. Shall not report for work, or while subject to City duty, while their ability to perform job duties are impaired due to alcohol and/or drug use; B. Shall not report for duty or remain on duty requiring the performance of safety - sensitive functions while having an alcohol concentration of 0.04 or greater; alcohol; C. Shall not perform safety -sensitive functions within four hours after using D. Shall not possess or use alcohol and/or illegal drugs during working hours; while subject to scheduled City duty; or at any time while specifically identifiable as a City employee, performing in his or her official capacity, whether on City property, in City uniform or vehicle; -9- DOT Drug and Alcohol Testing H - 13 EXHIBIT H E. Shall not directly or through a third party sell or provide/distribute alcohol and/or drugs to any person or to any other employee while either employee is subject to City duty; F. Shall submit to a drug and/or alcohol screening when requested by a City representative responsible for enforcement of this policy or as required herein; G. Shall not use alcohol for eight hours following any accident, or until he/she undergoes a post -accident alcohol test, whichever occurs first; H. Shall not refuse to submit any test required by this policy; 1. Shall cooperate, as a condition of employment, in searches and inspection activities; J. Shall notify their supervisor before beginning work, when taking any medications or drugs, prescription or otherwise, which one would reasonably know interferes with the safe and effective performance of job duties or operation of City equipment. Within one subsequent work shift, provide a current valid prescription, in the employee's name for any prohibited drug or medication identified when a drug analysis is positive; K. Shall notify the department head of any arrest or conviction under a criminal drug statute within five (5) working days of the arrest or conviction (disciplinary action shall not be taken based solely on the arrest, however, disciplinary action may be taken based upon the failure to notify); and L. Shall generally abide by the terms of this policy. 9.0 MANAGEMENT RESPONSIBILITIES AND GUIDELINES: All managers and supervisors, including any officer designated as a field supervisor or watch commander, are responsible for consistent enforcement of this policy, and in so doing: _10- DOT Drug and Alcohol Testing H - 14 . EXHIBIT H A. Given reasonable suspicion that an employee is using or under the influence of or possesses alcohol and/or drugs, or is otherwise unable to perform the required job duties in a safe or satisfactory manner, shall immediately document in writing, the facts constituting reasonable suspicion that the employee in question is using and/or under the influence of alcohol and/or drugs; and, in all instances of violations of this policy, document in writing any and all pertinent facts and observations; B. May notify the appropriate law enforcement agency when there is reasonable suspicion to believe that an employee may have illegal drugs in his/her possession or in an area not controlled by the City; C. Shall not physically search an employee, but seize any suspected alcohol and/or illegal drugs which are in plain sight. Secure any container or the like where alcohol and/or illegal drugs may be present for a subsequent search by appropriate personnel, but shall not confiscate without consent, prescription drugs or medications from an employee who has a prescription; D. When a supervisor or other management employee, and confirmed by a second supervisor or. management employee whenever reasonably possible, has reasonable cause to believe that an employee is impaired by drugs or alcohol, the employee shall be removed to a suitable location which will ensure his or her privacy and will be interviewed and informed of the basis of the reasonable suspicion. Any statements made during the interview may be recorded and may be used in any subsequent proceedings involving the employee. If the supervisor or other management employee still has a reasonable suspicion that the employee is not drug free, the employee will, be given a copy of this policy and ordered to submit to urine testing and/or blood -testing in accordance with the procedures established by this policy. If 'the employee agrees, he or -11- DOT Drug and Alcohol Testing H - 15 EXHIBIT H she will be transported to a designated collection site: E. Any supervisor or management employee encountering an employee who refuses an order to submit to a drug and/or alcohol test shall remind the employee of the requirements and disciplinary consequences of this policy. Where there is reasonable suspicion that the employee is then under the influence of alcohol and/or drugs, the supervisor or management employee should detain the employee for a reasonable time until the employee can be safely transported home. 10.0 PHYSICAL EXAMINATION PROCEDURES: A. Consent For Druiz/Alcohol Testing. Prior to the collection of any urine or blood sample, employees will be requested to sign a consent for drug/alcohol teking. Failure to sign the consent form will result in disciplinary action. Employees are entitled to receive a copy of the signed consent form and the test results in the strictest confidence. B. Drug and/or Alcohol Analysis Testing. The drug and/or alcohol analysis may test for any substance which could impair an employee's ability to effectively and safely perform the functions of his/her job, including, but not limited to prescription drugs/medications, heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates, amphetamines, marijuana and other cannabinoids. C. Drug and/or Alcohol Analysis on Urine Samples. The drug and/or alcohol analysis shall be conducted on urine samples. - During the taking of the sample no one shall be present with the employee except a physician or a qualified. -- -- medical practitioner. A blood sample may also be taken. The employee shall follow the -12- DOT Drug and Alcohol Testing H - 16 EXHIBIT H chain of custody'? procedure required by the laboratory or medical facility conducting the testing. D. When Urine and/or Blood Sgmple Taken. The urine and/or blood sample will be taken during regular working hours at any pre -determined medical facility, as necessary or after regular working hours at any available medical facility. E. Chain of Custody Form. The laboratory is required to complete a "Chain of Custody" form in conjunction with the collection and testing of all samples. 11.0 REQUIRED TESTS. A. Pre -Employment Testing. Prior to the first time an employee performs safety -sensitive functions for the City, but after the job has been offered to the employee, the employee shall undergo testing for alcohol and controlled substances. The City shall not allow an employee to perform safety -sensitive functions unless the employee has been administered an alcohol test with a result indicating an alcohol concentration less than 0.04, and has received a controlled substances test result indicating a verified negative test result. The City considers such an examination a business necessity and a requirement of the City's compliance with DOT. The results of the examination are intended to be used by the City only for purposes of evaluating the employee's physical and mental ability to perform job -related functions, including the employee's ability to remain alert, productive and safe from any possible accidents which may be caused by current drug or alcohol use. B. Post -Accident Testing. -13- DOT Drug and Alcohol Testing H - 17 EXHIBIT H As soon as practicable following an accident involving a City vehicle, the City shall test for alcohol and controlled substances each surviving employee: (1) Who was performing safety -sensitive functions with respect to the vehicle, if the accident involved the loss of human life, or an injury demanding medical treatment away from the scene of the accident; or (2) Who receives a citation under State or local law for a moving traffic violation arising from the accident; (3) If an alcohol test required by this section is not administered within two hours following the accident, the City shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required by this section is not administered within eight hours following the accident, the City shall cease attempts to administer the alcohol test and shall prepare and maintain the same record. Records shall be submitted to the Federal Highway Administration upon request of its Associate Administrator. (4) If a controlled substance test required by this section is not administered within 32 hours following the accident, the City shall cease attempts to administer the test and prepare and maintain on file a record stating the reasons the test was not promptly administered. Records shall be submitted to the Federal Highway Administration upon request of its Associate Administrator. (5) A driver who is subject to post -accident testing shall remain readily available for such testing or may be deemed by the employer to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for -14- DOT Drug and Alcohol Testing H - IS EXHIBIT H injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care. (6) The results of a breath or blood test for the use of alcohol, or a urine test for the use of controlled substances, conducted by Federal, State, or local officials having independent authority for the test, shall be considered to meet the requirements of this section, provided that the results of the tests are obtained by the City. C. Random Testing Each calendar year, the City shall conduct a minimum annual percentage rate for random alcohol testing of 25 percent of the average number of driver positions which are subject to this policy, and random controlled substances testing of a minimum of 50 percent of the average number of driver positions. The minimum annual percentage rate will be adjusted each year so that it is consistent with the rates set by the Federal Highway Administration. The selection of drivers for random testing shall be made by a scientifically valid method, such as a random number table of a computer -based random number generator that is matched with drivers' Social Security numbers, payroll identification numbers, or other comparable identifying numbers. Under the selection process used, each employee shall have an equal chance of being tested each time selections are made. Random alcohol and controlled substances tests conducted under this policy will be unannounced and the dates for administering the tests will be spread reasonably throughout the calendar year. Each employee who is notified of selection for random alcohol and/or controlled sub -stances testing must proceed to test site immediately. -15- DOT Drug and Alcohol Testing H - 19 EXHIBIT H D. Reasonable Suspicion Testing. All employees shall be required to submit to urine testing and/or blood testing in accordance with the procedures established by this policy when there is reasonable suspicion to believe that the employee is impaired by drugs or alcohol. The determination that reasonable suspicion exists to require said testing must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, body odors of the employee, or indications of the chronic and withdrawal effects of controlled substances. The observations may be based upon observable phenomena such as direct observation of drug use or possession and/or the physical symptoms of being under the influence of a drug, a pattern of abnormal'conduct or behavior or indications of chronic or withdrawal effects of controlled substances. The required observations shall be made by a supervisor or company official who is trained in accordance with this policy. The person who makes the detennination that reasonable suspicion exists to conduct an alcohol test shall not conduct the alcohol test of the driver. Testing will be required when the observations amounting to reasonable suspicion are made during, just preceding, or just after the period of the work day that the employee is required to be in compliance with this policy. If an alcohol test required by this section is not administered within two hours following a determination of reasonable suspicion, the supervisor shall prepare and maintain on file a record stating the reasons the alcohol test was not promptly administered. If an alcohol test required by this section is not administered within eight hours following the determination of reasonable suspicion, the supervisor shall cease attempts to administer an alcohol test and shall -16- DOT Drug and Alcohol Testing H - 20 EXHIBIT H state in the record the reasons for not administering the test. The City shall not take any action under this policy against an employee based solely on the employee's behavior and appearance, with respect to alcohol use, in the absence of an alcohol test. Notwithstanding the absence of a reasonable suspicion alcohol test under this section, no employee shall report for duty or remain on duty requiring the performance of safety - sensitive functions while the employee is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse, nor shall the City permit the employee to perform or continue to perform safety -sensitive functions, until: (1) An alcohol test is administered and the employee's alcohol concentration measures less than 0.02; or (2) Twenty-four (24) hours have elapsed following the determination that there is reasonable suspicion to believe that the employee has violated the prohibitions in this policy concerning the use of alcohol. A written record shall be made of the observations leading to a controlled substance reasonable suspicion test, and signed by the supervisor or City official who made the observations, within 24 hours of the observed behavior or before the results of the controlled substances test are released, whichever is earlier. E. Return-to-DILty Testing. Supervisors shall ensure that before an employee returns to duty requiring the performance of a safety -sensitive Rinction after engaging in conduct prohibited by this policy, the employee shall undergo, depending on the violation, a return -to -duty alcohol test with a result - __ __ -------indicating an alcohol concentration of less than 0.02, or a return -to -duty controlled substances test -17- DOT Drug and Alcohol Testing H - 21 EXHIBIT H with a result indicating a verified negative result for controlled substances use. I F. Follow -Up Testing. Following a determination under this policy that an employee is in need of assistance in resolving problems associated with alcohol misuse and/or use of controlled substances, the City shall ensure that the employee is subject to unannounced follow-up alcohol and/or controlled substances testing as directed by a substances abuse professional in accordance with the provisions of Section 7.0 of this policy. Follow-up alcohol. testing shall be conducted only when the employee is perforining safety -sensitive functions, just before the employee is to perform safety -sensitive functions, or just after the employee has ceased performing safety -sensitive features. 12.0 CONSEQUENCES FOR DRIVERS ENGAGING IN SUBSTANCE USE -RELATED CONDUCT: A. Removal from safety -sensitive functions. No driver shall perform safety -sensitive functions if the driver has engaged in conduct prohibited by this policy. B. Required Evaluation and Testing. No driver who has engaged in conduct prohibited by this policy shall perform safety -sensitive functions unless the driver has met the requirements of Section 7.0 of this policy. C. Other Alcohol -Related Conduct. No driver tested under the provisions of this policy who is found to have -an alcohol concentration of 0.02 or greater, but. less than 0.04, shall perform or continue to _18- DOT Drug and Alcohol Testing H - 22 EXHIBIT H perform safety -sensitive functions for the City, nor shall the City permit the driver to perform or continue to perform safety -sensitive functions, until the start of the driver's next regularly scheduled duty period, but not less than 24 hours following administration of the test. Except as provided herein, the City shall not take any action under this part against a driver based solely on the test results showing an alcohol concentration less than 0.04-. 13.0 RESULTS OF DRUG ANWOR ALCOHOL ANALYSIS: A. Performance of Confirmation Test. If the initial screening test is positive, the laboratory will perform a confirmation test by the technique known as Gas Chromatography/Mass Spectrometry (GC/MS), before reporting a positive result to the City. In all cases of confirmed positive test results, the employee will have the opportunity to explain or rebut the results and to substantiate the explanation with medical evidence, which could include, at the employee's expense, an additional confirmation test of the specimen. B. Valid Proscription for Drugs/Medications. In the case of prescribed drugs/medications, if the employee does not have a valid prescription, or if the prescription is not in the employee's name, or if the employee has not previously notified the supervisor that he or she is taking any medication or drugs,as required herein, the employee may be subject to disciplinary action. C. Investigation by Ci1y if Drug and/or Alcohol Analysis is Positive. If a drug and/or alcohol analysis is positive for alcohol and/or drug presence, the City shall conduct an investigation to gather all facts. The City will cooperate in an employee's voluntary effort to obtain treatment and rehabilitation. However, this policy shall not _19- DOT Drug and Alcohol Testing H - 23 EXHIBIT H in any way limit the City pursuant to its authority independent of this policy from taking any action otherwise consistent with the law. 14.0 CONFIDENTIALITY: Laboratory reports or test results shall not appear in any employee's personnel file. Information of this nature will be included in a separate, confidential, secured medical folder. The reports or test results may be disclosed to City management on a strictly need -to -know basis and to the tested -employee upon request. Disclosures, without patient consent, may also occur when: (1) the information is compelled by law or by judicial or administrative process; (2) the information has been placed at issue in a formal dispute between the employer and employee; (3) the information is to, be used in administering an employee benefit plan and/or; (4) the information is needed by medical personnel for the diagnosis or treatment of the patient wh o is unable to authorize disclosure. -20- DOT Drug and Alcohol Testing H - 24 EXHIBIT H DRUG & ALCOHOL TESTING POLICY I have received a copy of the City of Vernon Drug & Alcohol Testing Policy For Employees Subject to Department of Transportation Testing Regulations. The term "Reasonable Suspicion" has been explained to me. The procedure and/or penalty that has been set if it is determined that I am under the influence of drugs or alcohol during working hours has also been explained to me. I understand the procedure following the "Reasonable Suspicion," and the penalty for being under the influence of drugs or alcohol during working hours. I also agree to abide by the policy and acknowledge that the policy in no way limits my rights or the City of Vernon's rights under the at -will employment relationship which exists between myself and the City. I consent to taking the tests which are required under the circumstances indicated in the policy, Date Signature -21- DOT Drug and Alcohol Testing H - 25 EXHIBIT H EXHIBIT I NO SMOKING POLICY No employee shall knowingly or intentionally engage in or permit any employee of the City of Vernon to engage in the smoking of tobacco products in an enclosed space operated by the City of Vernon. Employees who desire to smoke must do so during rest and lunch breaks away from the premises. No Smoking Policy 2009 1 — I EXHIBIT I CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: April 8, 2009 TO: Rory Burnett, Finance Director Sharon Duckworth, City Treasurer Kristen Enomoto, Council Department Manager Avigal Horrow, Human Resources Director Donal O'Callaghan, Director of Light & Power Lewis Poz"zebon, Director of Environmental Health Steve Towles, Chief of Police Martha Va.lenzuela, Director of Personnel/Purchasing Agent Mark Whitworth, Fire Chief Kevin Wilson, Director of Community Services & Water Willard Yamaguchi, Chief Deputy City Atto'rney/Risk Manager FROM Nelly Giron, City Clerk RE: Resolution No. 9876 - A Resolution of the City Council of the City of Vernon Approving and Adopting Various Policies Relating to Employment With the City and.Employee Work Environment Transmitted herewith is a copy of Resolution No. 9876 referenced above, which was approved by City Council on March 30, 2009. Thank you. NG: km C: Resolution No. 9876