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CC Resolution No. 06-185 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 : Lowenthal, Wang, Kwok, Mahoney, Sandoval None None None ATTEST: APPROVED: ~~ CIty Clerk - <-;:!)A u{;fJ Mayor, City of Cupertino 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 foreseeable interferenee foreseeablv interfere with all 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 reauired 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: i There are certain eity sponsored aetivities whieh will Be sl"eeifieally designated that may inelude the consumptiEln of aleoholic Beverages. EKaml"les Elf such activities included, But are not limited tEl, v..ine tasting elasses,employee Christmas I"arties, CElmmissioner's dirmers, pienics in a eity park held during non '.'1orle hOHrs, etc. 2 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/herself 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 3 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 exaIlJination is warranted. Examples of what could lead to a reasonable suspicion of impairment are: 1) slurred speecJ).; 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. 4