CITY COUNCIL AGENDA
March 5, 2024
REGULAR SESSION - 6:00 P.M.
CLOSED SESSION FOLLOWING
ANDERSON CITY HALL
1887 Howard Street
PARTICIPATION BY PUBLIC IN MEETING
Please review the Agenda to determine if the subject you wish to discuss is scheduled for Council consideration. If it is on the Agenda, you will have an opportunity when that matter comes up for discussion to briefly address the Council.
If the subject is not on tonight's Agenda, please complete an Agenda Request Form (on Clerk's table) and present it to the City Council Clerk. You will have the opportunity to speak on the subject under Item 5.2. However, if the item is not on the Agenda, each speaker will be limited to one three (3) minute opportunity to speak, unless the City Council makes an exception due to special circumstances.
The Brown Act prohibits the Council from taking action on any item not placed on the printed Agenda in most cases.
The Brown Act requires any non-confidential documents or writings distributed to a majority of the City Council less than 72 hours before a regular meeting will be made available to members of the public at the same time they are distributed.
City Council meetings are televised and can be seen live on Cable Public Access Channel 181 (previously Channel 11) and on tape delay the following morning at 10:00 a.m. City Council meetings may also be viewed on the City's website at www.ci.anderson.ca1us by clicking on the TV icon on the Home Page.
In compliance with the Americans with Disabilities Act, the City of Anderson will make available to members of the public any special assistance necessary to participate in this meeting. The public should contact the City Clerk's office (378-6646) to make such a request. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
This is an Equal Opportunity Program. Discrimination is prohibited by Federal Law.
Complaints of discrimination may be flied with the Secretary of Agriculture, Washington, D.C. 20250.
City Council Meeting
March 5, 2024
1.0 2.0
3.0 4.1
ROLL CALL - COUNCIL:
REGULAR SESSION - 6:00 P.M.
Councilmember Baugh
Councilmember Gallagher
Councilmember Gallier
Vice-Mayor Hunt
Mayor Neutze
INVOCATION - Pastor Ron Yabut, Anderson Seventh Day Adventist Church will give the invocation.
PLEDGE OF ALLEGIANCE - Councilmember Dan Gallier.
INTRODUCTIONS
a. Acting Finance Director Cindy Wheeler will introduce new Account Clerk II, Ashley Studer.
b. Acting Finance Director Cindy Wheeler will introduce newly promoted Accountant Dina Duncan.
5.2 PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA - This is the time to address public comments by any member of the public to the Council regarding an item not on the agenda. Each comment must be limited to 3 minutes or less and on an item within the City's subject matter jurisdiction. The Brown Act does not permit any action or discussion on items not listed on the agenda. Are there any public comments?
CONSENT AGENDA
6.0 CONSENT AGENDA - Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any member of the public, staff or City Council may request that an item be removed from the Consent Agenda for separate discussion. Are there any requests to remove any items from the Consent Agenda?
6.1 MINUTES-Approve the minutes of the regular meeting of February 20, 2024.
6.2 WARRANTS Receive and file warrant 31222 to 31278 in the amount of $102,527.09; Receive and file ACH in the amount of $62,466.09; Receive and file warrant 31279 to 31322 in the amount of $163,143.10.
END OF CONSENT CALENDAR
City Council Meeting
March 5, 2024
Page3
6.11 ITEMS (IF ANY) REMOVED FROM THE CONSENT CALENDAR - Items removed from the Consent Agenda for discussion will be treated as Regular Agenda items and any member of the public may request to address the Council on any such item as it comes up for discussion. Please provide your name and limit your remarks to 3 minutes or less.
REGULAR AGENDA
8.0 REGULAR AGENDA - Regular Agenda Items will be discussed individually and in order.
Any member of the public may request to address the Council on an item as it comes up for discussion. Please provide your name and limit your remarks to 3 minutes or less.
CITY ATTORNEY
8.2 CONSIDER AMENDMENT TO THE CITY OF ANDERSON DRUG FREE WORKPLACE POLICY REGARDING CANNABIS TESTING CONSISTENT WITH AB 2188 RECOMMENDED ACTION:
Amend the City of Anderson Drug Free Workplace Policy regarding cannabis testing.
10.0 STAFF REPORTS - Deputy Public Works Director Peter Wickenheiser will give an update on security cameras in the park.
11.0 COUNCIL REPORTS/COMMENTS- City Councilmembers will report on attendance at conferences/meetings reimbursed at City expense (Requirement of Assembly Bill 1234.)
12.0 Public Comment on Closed Session ltem(s): Anyone in the audience who wants to address the City Council on a subject which is listed under the Closed Session agenda is now invited to come to the podium. Please provide your name and the subject you wish to discuss. Please limit your remarks to 3 minutes or less.
The City Council will convene to Closed Session.
CLOSED SESSION
C.S.1 PUBLIC EMPLOYMENT(§ 54957)
- Title: City Manager
C.S.2 CONFERENCE WITH REAL PROPERTY NEGOTIATIONS (SECTION 54956.8) - Property: 2800 Douglas Street, Anderson, CA 96007
Agency Negotiation: City Attorney Collin Bogener
Negotiating Parties: Michael and Judy Hubert
Under Negotiation: Value of Property
The City Council will reconvene to Open Session.
City Council Meeting
March 5, 2024
Page4
13.0 CLOSED SESSION ANNOUNCEMENT: The Mayor will announce the results of the Closed Session.
14.0 ADJOURN - The City Council will adjourn to March 19. 2024.
ANDERSON CITY COUNCIL MINUTES
Regular Meeting
February 20, 2024
REGULAR SESSION
The regular session was called to order at 6:00 p.m.
ROLL CALL
Councilmembers present: Councilmember Baugh
Councilmember Gallagher
Vice-Mayor Hunt
Mayor Neutze
Absent: Councilmember Gallier
DRAFT
Also present: City Manager Joey Forseth-Deshais, City Attorney Collin Bogener, Police Captain Nathan Ramirez and City Clerk Christy White.
INVOCATION
Nick Braito, Neighborhood Church of Anderson/Cottonwood, gave the invocation.
PLEDGE OF ALLEGIANCE
Council member Mike Gallagher led the Pledge of Allegiance.
STUDENT REPORTS
Josh from the Teen Center gave an update on current activities and answered questions from Council.
PRESENTATION
Mayor Stan Neutze presented Patrick Warren with a certificate thanking him for his time serving on the City of Anderson Planning Commission.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA -None.
CONSENT AGENDA
By motion made, second (Baugh/Hunt) and carried by a 4-0 vote, Council took the following action.
Approved the minutes of the regular meeting of February 6, 2024.
ITEMhl 3/5/2024
City Council Meeting
March 5, 2024
Received and filed warrant 31097 to 31148 in the amount of $184,264.47; Received and filed ACH in the amount of $63,421.26; Received and filed warrant 31149 to 31221 in the amount of$156,120.51.
Adopted Resolution No 24-07 amending the Personnel Rules - Management leave for designated employees.
Adopted Resolution No 24-08 amending the Classification and Compensation Plan by amending and updating the Job Description for Chief Water Operator III.
Receive and file the quarterly treasurer's report for the fiscal quarter ended September 30, 2023.
Enacted Ordinance No. 858 (second reading) adopting the CEQA determination, and amending Chapters 17.18, 17.22, 17.24, 17.26 of the Anderson Municipal Code regarding Commercial and Industrial uses as introduced on February 6, 2024 (first reading).
Vote: AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Baugh, Hunt, Gallagher and Mayor Neutze.
None.
None.
Gallier.
REGULAR AGENDA
FINANCE DIRECTOR
2023-2024 BUDGET UPDATE
Acting Finance Director Cindy Wheeler gave a staff report and answered questions from Council. This was informational only; no action was required.
PUBLIC WORKS
AMERICAN RESCUE PLAN ACT (ARPA) FUNDING UPDATE
City Manager Joey Forseth-Deshais gave a staff report and answered questions from Council.
By motion made, seconded (Baugh/Hunt) and carried by a 4-0 vote Council provided direction to Staff regarding the expenditure of remaining ARPA funds and allowed staff to hire a professional design and engineering service firm for the new River Splash playground.
.Yfil!:.: AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Baugh, Hunt, Gallagher and Mayor Neutze .
None.
None.
Gallier.
City Council Meeting
March 5, 2024
STAFF REPORTS
City Manager Joey Forseth-Deshais spoke to Council regarding the new security system that was placed at City Hall.
City Manager Joey Forseth-Deshais gave a report on April Clean Up.
COUNCIL REPORTS/COMMENTS
Councilmembers used this time to report on meetings and activities they participated in and to announce upcoming events.
Public Comment on Closed Session Items - None.
7:16 p,m.: The City Council convened to Closed Session.
CLOSED SESSWN
C.S.1 CONFERENCE WITH REAL PROPERTY NEGOTIATIONS(§ 54956,8) Property: 1787 3rd Street, Anderson, California
Agency Negotiation: City Manager Joey Forseth-Deshais and City Attorney Collin Bogener
Negotiating Parties: Interested Buyers
Under Negotiation: Appraisal
7:30 p.m.: The City Coundl reconvened to ouen Session.
CLOSED SESSION ANNOUNCEMENT
Mayor Neutze announced that the Council sat in Closed Session with no reportable action.
ADJOURNMENT
7;30p,m,; The City Council adjourned to March 5. 2024.
Stan Neutze, Mayor
ATTEST:
Christy White, City Clerk
AGENDA ITEM
I March 5, 2024, City Council Meeting
Approved for Submittal By:
Ci
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth•Deshais, City Manager
From: Cindy Wheeler, Acting Finance Director /Treasurer Date: March 5, 2024
I SUBJECT
Receive and File Weekly Warrant Registers.
I RECOMMENDATION
Receive and file warrant 31222 to 31278 in the amount of $102,527.09; Receive and file ACH in the amount of $62,466.09; Receive and file warrant 31279 to 31322 in the amount of $163,143.10.
I ATTACHMENT
Warrant Registers.
ITEM 6.2 PAGE1 3/5/2024
CHECK REGISTER
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
011765 AGILE OCCUPATIONAL MEDICINE, P
PROFESSIONAL SERVICES 2/16/2024 031222 345.00
000201 AL'S SAW SHOP
EQUIPMENT 2/16/2024 031223 598.44
000349 AMERICAN TOWER CORPORATION
MONTHLY TOWER RENT 2/16/2024 031224 975.00
000493 ANTHEM BLUE CROSS LIFE AND HEA
HEALTH INS. PREMIUM-HUNT 2/16/2024 031225 1,488.00
000609 AT&T
PHONE CHARGES 2/16/2024 031226 95.67
000615 AT&T CALNET
PHONE CHARGES 2/16/2024 031227 117.52
012039 BDI
PARTS 2/16/2024 031228 619.43
000945 BEACON FIRE ALARM & SECURITY,
PROFESSIONAL SERVICES 2/16/2024 031229 445.00
001750 CALIFORNIA SAFETY CO.
PROFESSIONAL SERVICES 2/16/2024 031230 28.00
002047 CHARTER COMMUNICATIONS
INTERNET SERVICES 2/16/2024 031231 1,622.98
002199 CLARK PEST CONTROL OF STOCKTON
PROFESSIONAL SERVICES 2/16/2024 031232 1,390.00
VOID CHECK 2/16/2024 031233
012028 CLOUDPERMIT, INC
BUILDING PERMIT SOFTWARE 2/16/2024 031234 5,000.00
002392 CONSOLIDATED ELECTRICAL DIST.
SUPPLIES 2/16/2024 031235 5,855.47
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
002973 DEPT OF JUSTICE
FINGERPRINT APPLICATION 2/16/2024 031236 90.00
012062 WILLIAM DIXON
PARK RENTAL REFUND 2/16/2024 031237 70.00
003451 ENTERPRISE AUTO PARTS
PARTS 2/16/2024 031238 1,821.82
012063 ENTERPRISE FM TRUST
LEASE BUYOUTS 2/16/2024 031239 752.17
003534 EWING
SUPPLIES 2/16/2024 031240 890.04
003590 FASTENERS INC.
SUPPLIES 2/16/2024 031241 1,157.80
003618 FERGUSON ENTERPRISES, INC.
SUPPLIES 2/16/2024 031242 48.39
008380 FREIGHTLINER NORTHWEST
PROFESSIONAL SVCS & SUPPLIES 2/16/2024 031243 280.44
011883 ADAM FROEBER
PER DIEM-CONFERENCE 2/16/2024 031244 128.00
003927 MIKE GALLAGHER
HEALTH INS. REIMBURSEMENT 2/16/2024 031245 534.00
008407 GANNETT CALIFORNIA LOCALIQ
ADVERTISING 2/16/2024 031246 248.28
004592 HAVEN HUMANE SOCIETY
PROFESSIONAL SERVICES 2/16/2024 031247 585.00
005172 J.F. SHEA CONSTRUCTION, INC.
MATERIALS 2/16/2024 031248 934.15
005603 TONJA KING
REIMBURSEMENT 2/16/2024 031249 67.56
005982 LEHR AUTO
PARTS 2/16/2024 031250 460.78
Page2
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
006000 LES SCHWAB TIRES
PROFESSIONAL SVCS & EQUIPMENT 2/16/2024 031251 1,503.36 006166 LOWE'S
MATERIALS 2/16/2024 031252 2,420.36
006229 LYRO PRINTING
PROFESSIONAL SERVICES 2/16/2024 031253 433.23
006450 PETER MATA
REIMBURSEMENT-COL RENEWAL 2/16/2024 031254 59.22
006958 MOORE & BOGENER
PROFESSIONAL SERVICES 2/16/2024 031255 14,782.00
011980 NORCAL PRESORT AND PRINTING
PROFESSIONAL SERVICES 2/16/2024 031256 4,036.81
007342 NORCAL RENTALS & SALES
EQUIPMENT RENTAL 2/16/2024 031257 2,578.39
007493 ODP BUSINESS SOLUTIONS, LLC
OFFICE SUPPLIES 2/16/2024 031258 162.34
007630 PACIFIC GAS & ELECTRIC
UTILITIES 2/16/2024 031259 3,640.18
007669 PAPE MACHINERY
PARTS 2/16/2024 031260 49.46
007750 PAYLESS BUILDING SUPPLY
MATERIALS 2/16/2024 031261 745.51
011795 PLATINUM HOME &AUTO GLASS
PROFESSIONAL SVCS & SUPPLIES 2/16/2024 031262 610.00
008361 REDDING CANVAS
PROFESSIONAL SVCS & MATERIALS 2/16/2024 031263 382.50
007635 ROD SANFORD
TRAINING-GRADY 2/16/2024 031264 1,154.00
009012 LAI SAELEE
FACILITY RENTAL REFUND 2/16/2024 031265 595.00
Page3
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
009256 SCP DISTRIBUTORS, LLC
SUPPLIES 2/16/2024 031266 1,698.96
009321 HOPE SETH
PROFESSIONAL SERVICES 2/16/2024 031267 2,280.00
009385 SHASTA CO. ARTS COUNCIL
PROFESSIONAL SERVICES 2/16/2024 031268 161.00
009392 SHASTA CO. DEPT RESOURCE MGT.
PERMIT RENEWAL 15-VR-03 2/16/2024 031269 27.00
012016 SISKIYOU OPPORTUNITY CENTER
JANITORIAL SERVICES 2/16/2024 031270 3,742.88
009845 SONSRAY MACHINERY, LLC
SUPPLIES 2/16/2024 031271 262.01
010181 SUN BLOCKERS AUTO WINDOW TINTIN
PROFESSIONAL SERVICES 2/16/2024 031272 60.00
010354 TERRILL'S TRUCK ALIGNMENT
PROFESSIONAL SERVICES 2/16/2024 031273 100.00
010367 THATCHER COMPANY, INC.
SUPPLIES 2/16/2024 031274 17,436.92
011972 THE PUN GROUP, LLP
PROFESSIONAL SERVICES 2/16/2024 031275 16,500.00
010579 TRANSUNION RISK AND ALTERNATIV
PROFESSIONAL SERVICES 2/16/2024 031276 75.00
010732 UPS
SHIPPING FEES 2/16/2024 031277 32.90
012061 JUANITA WHITNEY
CLEANING DEPOSIT REFUND 2/16/2024 031278 350.00
2/20/24 ACH PERS 62,466.09 102,527.97
For Payroll Ending 2/2/24
Page4 61· ~y
Date
CHECK REGISTER
VENDOR NAME CHECK CHECK CHECK
DESCRIPTION DATE NUMBER AMOUNT
000243 ALL CAR & TRUCK TOWING, LLC
PROFESSIONAL SERVICES 2/23/2024 031279 775.00
000322 AMERICAN FIDELITY ASSURANCE
INSURANCE PREMIUM-FEB24 2/23/ 2024 031280 3175.18
000323 AMERICAN FIDELITY ASSURANCE CO
CAFETERIA 125 PE 2/16/24 2/23/2024 031281 399.98
000585 ASBURY ENVIRONMENTAL SERVICES
PROFESSIONAL SERVICES 2/23/2024 031282 105.00
000700 BADGER METER, INC.
EQUIPMENT 2/23/2024 031283 8843.91
001133 BIG VALLEY SANITATION
EQUIPMENT RENTAL 2/23/2024 031284 1116.25
001626 C & A RUBBER STAMPS & SIGNS
SUPPLIES 2/23/2024 031285 26.08
001750 CALIFORNIA SAFETY CO.
PROFESSIONAL SERVICES 2/23/2024 031286 28.00
001881 CARREL'S OFFICE MACHINES
MONTHLY LEASE 2/23/2024 031287 240.78
002047 CHARTER COMMUNICATIONS
INTERNET SERVICES 2/23/2024 031288 680.47
002142 CINTAS FIRST AID & SAFETY
SUPPLIES 2/23/2024 031289 7.70
002502 COUNTY OF MARIN-CALSLA
ANNUAL MEMBERSHIP 2/23/2024 031290 630.00
VENDOR NAME CHECK CHECK CHECK
DESCRIPTION DATE NUMBER AMOUNT
002606 CRITICAL REACH
APBNET ANNUAL SUPPORT FEE-2024 2/23/2024 031291 325.00
002857 DE LAGE LANDEN FINANCIAL SVC
QUARTERLY LEASE 2/23/2024 031292 1922.37
002973 DEPT OF JUSTICE
FINGERPRINT APPLICATION 2/23/2024 031293 49.00
011828 CHRISTOPHER DOWDS
REIMBURSEMENT-DOT 2/23/2024 031294 125.00
003590 FASTENERS INC.
SUPPLIES 2/23/2024 031295 194.86
003618 FERGUSON ENTERPRISES, INC.
SUPPLIES 2/23/2024 031296 4818.50
003727 FLOCK GROUP
PROFESSIONAL SERVICES 2/23/2024 031297 1500.00
008407 GANNETT CALIFORNIA LOCALIQ
ADVERTISING 2/23/2024 031298 2124.00
004028 GAYNOR TELESYSTEMS, INC.
PROFESSIONAL SERVICES 2/23/2024 031299 190.00
004040 GENERAL TEAMSTERS #137
DUES FOR MONTH OF FEB-24 2/23/2024 031300 2583.00
004248 GRAINGER
SUPPLIES 2/23/2024 031301 77.81
005445 K & S STAFFING SOLUTIONS, INC.
PROFESSIONAL SERVICES 2/23/2024 031302 647.13
005620 KIRCH SUSIE
REFUND OF REG FEE SWIM LESSONS 2/23/2024 031303 1.00
005889 LAUNDRY WORLD
PROFESSIONAL SERVICES 2/23/2024 031304 3235.06
Page2
VENDOR NAME CHECK CHECK CHECK
DESCRIPTION DATE NUMBER AMOUNT
011792 MISSIONSQUARE-302204
PLAN #302204 2/16/24 2/23/2024 031305 4685.00
007118 MUTUAL OF OMAHA
INSURANCE PREMIUM-FEB 24 2/23/2024 031306 2304.72
007342 NORCAL RENTALS & SALES
EQUIPMENT RENTAL 2/23/2024 031307 829.68
012064 PACC THERAPY SERVICES
PROFESSIONAL SERVICES 2/23/2024 031308 480.00
007616 PACE ANALYTICAL SVCS., LLC
PACE ANALYTICAL SVCS., LLC 2/23/2024 031309 226.44
007630 PACIFIC GAS & ELECTRIC
UTILITIES 2/23/2024 031310 74774.31
008129 PROMOTIONAL IMAGES
SUPPLIES 2/23/2024 031311 149.61
012042 SHASTA OFFICIALS
PROFESSIONAL SERVICES 2/23/2024 031312 230.00
009564 SHN CONSULTING ENGINEERS AND G
PROFESSIONAL SERVICES 2/23/2024 031313 24126.40
009988 STATE OF CALIFORNIA
ASSIGN OF WAGES PIE 2/16/24 2/23/2024 031314 30.00
010075 STIMPEL WIEBELHAUS ASSOCIATES,
MATERIALS 2/23/2024 031315 1466.48
010212 SW MAINTENANCE CORP.
MONTHLY UST TESTING 2/23/2024 031316 65.00
010346 TELSTAR INSTRUMENTS, INC.
SUPPLIES 2/23/2024 031317 312.76
010360 TEXAS LIFE INSURANCE COMPANY
INSURANCE PREMIUM-FEB24 2/23/2024 031318 908.92
011972 THE PUN GROUP, LLP
PROFESSIONAL SERVICES 2/23/2024 031319 15000.00
Page3
VENDOR NAME CHECK CHECK CHECK
DESCRIPTION DATE NUMBER AMOUNT
010518 TOMASINI BLACKSMITHING & WELDI
PROFESSIONAL SERVICES 2/23/2024 031320 137.50
010874 VERIZON WIRELESS
PHONE CHARGES 2/23/2024 031321 3590.20
011064 WASTE MANAGEMENT
RECYCLE FEES 2/23/2024 031322 5.00
$ 163,143.10
Page4
AGENDA ITEM
!March 5, 2024 City Council Meetin~
seth-Deshais, City Manager
sented By:
ner, City Attorney
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth&Deshais, City Manager
From: Collin Bogener, City Attorney
Date: March 5, 2024
I SUBJECT
Consider amendment to the City of Anderson Drug Free Workplace Policy regarding cannabis testing consistent with AB 2188
I RECOMMENDATION
The City Attorney recommends that the City Council:
1. Receive a Staff Report
2. Amend the City of Anderson Drug Free Workplace Policy regarding cannabis testing.
I FISCAL IMPACT
There is no fiscal impact for this item.
I DISCUSSION and BACKGROUND
Operative in January 2024, AB 2188 prevents employers from discriminating against employees or applicants for employment regarding use of marijuana off the job or away from the workplace. The bill is an amendment to Government Code section 12954, and means that an employer cannot refuse to hire, terminate, discipline, or change the terms or conditions of employment of an employee for cannabis use off the job and away from the ITEM 8.2 PAGE1 3/5/2024
workplace. This new law requires the City to amend its current Drug Free Workplace policy to ensure consistency with state law.
This new law does provide for some exemptions. First, there is an exemption for employees in the "building and construction" trade. That would include individuals in the City's building department, code enforcement department, and public works department. Second, there is an exemption for employees performing work that requires testing as a condition of receiving federal funding or federal licensing-related benefits, or entering into a federal contract. The exemption applies to the Anderson Police Department due to federal contracts between the department and the federal government. Lastly, there is an exemption for any employees hired for positions that require a federal government background investigation or security clearance.
The proposed amendment would be to add subsection D to section V, "SUBSTANCE SCREENING" to the Drug Free Workplace Policy. The added language would be as follows:
"Cannabis Use: The City of Anderson will not discriminate in hiring, termination, or any term or condition of employment, or otherwise penalize an applicant or employee in connection for any testing for off the job and away from the workplace use of cannabis pursuant to California Government Code section 12954. This section shall not apply to the following: (1) any employee whose work is in the building and construction trade; (2) any employee who is performing work that requires testing as a condition of receiving federal funding or federal licensing-related benefits, or entering into a federal contract; or (3) any employees hired for positions that require a federal government background investigation or security clearance in accordance with regulations issues by the United States Department of Defense pursuant to Part 117 of Title 32 of the Code of Federal Regulations, or equivalent regulations applicable to other agencies."
This new law does not apply to use of marijuana on the job or at workplace. If the City uses a scientifically valid preemployment drug screening conducted through methods that screen for psychoactive cannabis metabolites. Put another way, an employee can be disciplined if they are observed using marijuana at work or testing establishes that they are under the influence while at work.
!ATTACHMENT
1. Proposed Policy Amendment
ITEM 8.2 PAGE2 3/5/2024
City of Anderson
DRUG FREE WORKPLACE POLICY
The application of this Drug Free Workplace Policy ("Policy") to non-safety sensitive employees comes under the City of Anderson's own authority.
I. THE CITY OF ANDERSON'S PURPOSE
II.
The City of Anderson (City) is committed to maintaining a workplace that is free of drugs and alcohol and to discouraging drug and alcohol abuse by its employees. The City has a vital interest in maintaining safe and efficient working conditions for its employees. Substance abuse is incompatible with health, safety, efficiency, and success at the City of Anderson.
Employees who are under the influence of alcohol or who have any illegal drugs in their system, or who abuse legal drugs while conducting or performing City business compromise the City's interests, endanger their own health and safety and the health and safety of others, and can cause a number of other work-related problems, including absenteeism and tardiness, substandard job performance, increased workloads for coworkers, behavior that disrupts other employees, delays in the completion of work, inferior quality in service and disruption of resident relations.
It is important for employees to understand that this Policy governs not only the abuse of alcohol and illegal drugs, but also the use and abuse of legal drugs in the workplace.
Employees who find the need to use legal drugs, including prescription and over-the counter drugs, should consult with and must comply with those provisions set forth in this Policy that address such use.
To further its interest in avoiding accidents, to promote and maintain safe and efficient working conditions for its employees, to protect its business, property, equipment and operations, and to comply with all federal and state requirements, the City has established this Policy concerning employee use of alcohol and drugs. As a condition of continued employment with the City of Anderson, each employee must abide by this Policy.
DEFINITIONS
For purposes of this Policy:
A. Illegal Drugs or Other Controlled Substances: Illegal drugs or other controlled substances means any drug or substance that (i) is not legally obtainable; or (ii) is legally obtainable but has not been legally obtained; or (iii) has been legally obtained but is being sold or distributed unlawfully.
B. Legal Drugs: Legal drugs means any drug, including prescription drugs and over the~ counter drugs, that has been legally obtained and that is not unlawfully sold or distributed.
C. Abuse of Any Legal Drug: Abuse of any legal drug means the use of any legal drug (i) for any purpose other than the purpose for which it was prescribed or manufactured; or (ii) Anderson Drug Free Workplace Policy Pg. 1
in a quantity, frequency, or manner that is contrary to the instructions or recommendations of the prescribing physician or manufacturer.
D. Reasonable Suspicion: Reasonable suspicion means a suspicion that is based on (i) specific personal observations such as an employee's manner, disposition, muscular movement, appearance, behavior, speech or breath odor; or (ii) information provided to management by an employee, by law enforcement officials, by a security service, or by other persons believed to be reliable; or (iii) a suspicion that is based on other surrounding circumstances.
E. Possession: Possession means that an employee has the substance on his or her person or otherwise under his or her control.
F. Safety-Sensitive Employees: As defined by the Code of Federal Regulations (CFR), safetysensitive employees include those who perform, or may be called upon to perform, the following safety-sensitive functions:
1. Operating a revenue service vehicle, even when it is not in revenue service;
2. Operating a non-revenue service vehicle when required to be operated by a Commercial Driver's License (CDL) holder;
3. Controlling dispatch or movement of a revenue service vehicle;
4. Maintaining (including inspection, repairs, overhaul and rebuilding) a revenue service vehicle or equipment used in revenue service; or
5. Carrying a firearm for security purposes.
Supervisors are considered safety-sensitive only if they perform, or may be called upon to perform, any of the above safety-sensitive functions.
Note: The City of Anderson has analyzed actual job duties performed (or called upon to perform) of all of its employees and has determined that there are fiJl. classifications that are considered safety-sensitive for the purposes of this policy.
III. THE CITY OF ANDERSON'S CONSENT FOR USE OF LEGAL DRUGS A. Use of Legal Drugs: the City recognizes that it may be necessary for employees to use legal drugs from time to time. The City also recognizes that an employee who is using legal drugs may become impaired by the drug such that the employee's ability to adequately or safely perform is compromised. In order to accommodate employees who might be required to use legal drugs, and to help assure that no serious adverse consequences in the workplace result from such drug use, employees are required to obtain the City's consent and comply with certain disclosure and work-restriction requirements under the following circumstances.
Anderson Drug Free Workplace Policy Pg. 2
B. When Consent Is Required: Employees who know or should know that their use of legal drugs might endanger their own safety or the safety of another person, or might pose a risk of significant damage to the City's property, or might substantially interfere with their job performance or the efficient operation of the City's business, are obligated to report such drug use to Anderson's Public Works/Safety Manager, and to obtain the City's consent to continue working. The City reserves the right to have either a City of Anderson physician or the employee's own physician determine whether it is advisable for the employee to continue working while taking such drugs.
C. Duty to Disclose: Employees who operate or who are responsible in any way for the operation, custody or care of the City's property, or for the safety of other employees or other persons, have a duty to disclose the nature of their job duties to any prescribing physician or pharmacist and/or to a City physician or pharmacist and to inquire of the physician(s) or pharmacist whether their use of the drugs prescribed might result in the dangers, risks or impairment that this Policy is intended to prevent.
D. Restrictions on Work: The City reserves the right to restrict the work activities of any employee who is using legal drugs or prohibit any employee from working entirely while he or she is using legal drugs.
E. Duty to Refrain from Working: Each employee using legal drugs has a duty to llilt report for work while impaired by the drug if such impairment might result in serious harm or damage or might interfere with his or her job performance. Accordingly, even if an employee has obtained the City's consent to continue working while taking legal drugs, the employee will not be authorized to work while impaired by the use of such drug if the employee knows or has reason to know that working while impaired might endanger the safety of the employee or some other person, pose a risk of significant damage to City property, or substantially interfere with the employee's job performance or the efficient operation of the City's business.
IV. PROHIBITED CONDUCT
A. Scope: The prohibitions of this section apply whenever the interests of the Anderson Anderson
may be adversely affected, including any time the employee is:
1. On City premises;
2. Conducting or performing City business, regardless of location;
3. Operating or responsible for the operation, custody, or care of City equipment or other property; or
4. Responsible in any way for the safety of other individuals associated with Anderson, including, but not limited to, co-employees, management, visitors, residents and vendors.
Drug Free Workplace Policy Pg. 3
V.
8. Alcohol: The following acts are prohibited and subject an employee to discharge:
1. The unauthorized use, possession, purchase, sale, manufacture, distribution, transportation or dispensation of alcohol; or
2. Being under the influence of alcohol as defined by applicable state law.
C. Illegal Drugs: The following acts are prohibited and subject an employee to discharge:
1. The use, possession, purchase, sale, manufacture, distribution, transportation, or dispensation of any illegal drug or other controlled substance; or
2. Having any illegal drug or other controlled substance in your system.
D. Legal Drugs: The following acts are prohibited and subject an employee to discharge:
1. The abuse of any legal drug; or
2. The purchase, sale, manufacture, distribution, transportation, dispensation, or possession of any legal prescription or over-the counter drug in a manner inconsistent with law; or
3. Working while impaired by the use of a legal drug in violation of Section III above; or
4. Working without obtaining the required consent in violation of Section 111, above; or
5. Failure to make proper disclosure in violation of Section 111, above.
SUBSTANCE SCREENING
A. Job Applicants: Job applicants may be required to undergo drug and alcohol testing as a condition of employment with the City of Anderson.
8. Employees: Current employees will be subject to testing if they:
1. Report to work or, while conducting or performing City business regardless of location, are suspected of being intoxicated or exhibiting abnormal behavior or performance difficulties associated with substance abuse;
2. Are involved in a work-related accident and exhibit indicators of substance abuse;
3. Are subject to federal or state regulatory requirements for random drug or alcohol testing; or
Anderson Drug Free Workplace Policy Pg. 4
VI.
4. Are in safety-sensitive positions or other positions in which impaired performance could have an adverse effect on the health or safety of the employee, his or her co-employees, other individuals or the City.
C. Testing: The City may utilize each or all of the following testing methods:
1. Pre-employment testing;
2. Random testing for employees in safety-sensitive positions;
3. Reasonable suspicion testing;
4. Post-accident testing (where the employee exhibits indicators of substance abuse); and
5. Testing authorized or required by federal or state regulations, including Department of Transportation regulations.
D, Cannabis Use: The Citli of Ander:son will 11otdiscriminate in hiring. terminatiQD, 2r any teem oI condition of employment. or otb!:nvise penalize an applicant or empJoyee ill onne(;tion f. r any te_stlng foLoi[ the job andc aw_ay from the workplace use of cannabis 11:ursuant toJ&ljfornja G2,vernment Cfili~~ection 12954. This ~1Lon sball not a.pply to the following: (1) any employe€ whose work is in the building and construction tradei (2 an employee who is performing work that r uire testing as a condition of receiving fed eral fund ing or federal licensing-related benefits. or entering into a fede,ral con..t.ract: or (3) any emplqyees hire for P~Qsi.t.ions that require a federal goyernment backgroung.J.nvestjgation or security clearance in accordance with regulatioos issues by the_llnit~tates Department of Defense pursuant to Part 117 of Title 32 of the Code of Federal Regul,ations .. or equivak.n..t atgulations applicable to other a~encies.
DISCIPLINARY ACTION
Violation of this Policy by any employee may result in discipline, up to and including discharge, depending on the circumstances and at the discretion of the City. At a minimum, disciplinary mandates for safety-sensitive positions, as required under Title 13 of the California Code of Regulations and Title 49 of the Code of Federal Regulations, will be followed for those individuals in safety-sensitive positions.
A. Effect of Criminal Conviction: An employee who is convicted under a criminal drug statute for a violation occurring in the workplace, while conducting or performing City business regardless of location, or during any City-related activity or event will be deemed to have violated this Policy.
B. Refusal to Test: Includes circumstances or behaviors such as:
1. Failure to appear at the collection site in the time allotted;
2. Leaving the collection site before the testing process is completed;
3. Failure to provide a urine, breath, or saliva specimen as required by CFR, Part 40; Anderson Drug Free Workplace Policy Pg. 5
4. Failure to permit the observation or monitoring of specimen collection when it is required;
5. Failure to provide a sufficient amount of urine or breath specimen without a valid medical explanation;
6. Failure or refusal to take a second test when required;
7. Failure to undergo a medical evaluation when required; Failure to cooperate with any part of the testing process. (Example: refusal to sign the testing form when required);
8. Leaving the scene of an accident without just cause prior to submitting to a test; or,
9. If the Medical Review Officer (MRO) reports a verified adulterated or substituted test result.
Note: A refusal to test shall be treated as a positive test result for the purposes of administration of this Policy and any resulting disciplinary action.
10. First Violation: An employee who is not discharged for a first violation of this Policy will receive a final written warning. The City reserves the right to suspend the employee without pay for a period of up to five (5) business days.
11. Second Violation: A second violation of this Policy at any time will result in discharge.
VII. CRIMINAL CONVICTIONS
Employees are required by this Policy to notify the City of any conviction under a criminal drug statute for a violation occurring in the workplace, while conducting or performing City business regardless of location, or during any City-related activity or event, not later than five (5) days after any such conviction. When required by applicable law, the City will notify agencies under contract of any employee who has been convicted under a criminal drug statute for a violation occurring while conducting or performing Anderson business, regardless of location.
VIII. UNREGULATED OR AUTHORIZED CONDUCT
A. Customary Use of Over-the-Counter Drugs: Nothing in this Policy is intended to prohibit the customary and ordinary purchase, sale, use, possession, or dispensation of over-thecounter drugs, so long as such activity does not violate any law or result in an employee being impaired by the use of such drugs in violation of this Policy.
B. Off-the-Job Conduct: Nothing in this Policy is intended to regulate off-the-job conduct, so long as the employee's off-the-job use of alcohol or legal drugs does not result in the employee being under the influence of or impaired by the use of alcohol or drugs in violation of this Policy.
Anderson Drug Free Workplace Policy Pg. 6
IX.
X.
C. Use of Alcohol or Legal Drugs: The Public Works/Safety Manager will maintain a list of circumstances in which the use or possession of certain legal drugs or alcohol is authorized (such as certain medicine or drugs maintained in company first-aid cabinets or alcoholic beverages served during certain business meetings or social functions) and will communicate the authorization as appropriate. Changes to the authorization require the prior written approval of the City's Public Works/Safety Manager. Except as otherwise provided in this Policy, no employee may assume that his or her possession, use, purchase, sale, manufacture, distribution, transportation, or dispensation of alcohol or drugs is authorized unless the employee has been notified in writing by the City's Public Works/Safety Manager.
QUALIFIED DISABLED EMPLOYEES
A. Commitment to Employ Disabled Individuals: Nothing in this Policy is intended to diminish the City's commitment to employ qualified disabled individuals or to provide reasonable accommodation to such individuals consistent with all federal, state and local laws. As noted above, however, employees are required, under certain limited circumstances, to obtain the City's consent to continue working while using legal drugs.
B. Reasonable Accommodation: If an employee's use of a legal drug is related to a disability and the employee voluntarily self-identifies as a disabled individual to the City in connection with an effort to determine whether it is advisable to continue working despite the use of the drug, and if it is determined that the employee should not continue to work in his or her regular job while using the legal drug, an effort will be made to reasonably accommodate that employee.
CONFIDENTIALITY
Disclosures made by employees to the Personnel Director or Anderson's Public Works/Safety Manager concerning their use of legal drugs will be treated confidentially and will not be revealed to supervisors unless there is an important work-related reason to do so. Disclosures made by employees to the City's Public Works/Safety Manager concerning their participation in any drug or alcohol rehabilitation program will be treated confidentially.
The Public Works/Safety Manager and supervisors should restrict communications concerning possible violations of this Policy to persons who have an important work-related reason to know. In addition, the Public Works/Safety Manager and supervisors should not disclose the fact of an employee's participation in any drug or alcohol counseling or rehabilitation program.
Anderson Drug Free Workplace Policy Pg. 7
XI. COUNSELING
Employees who suspect they may have alcohol or drug problems, even in the early stages, are encouraged to voluntarily seek diagnosis and to follow through with the treatment as prescribed by qualified professionals. Employees who wish to voluntarily enter and participate in an approved alcohol or drug rehabilitation program are encouraged to contact the Public Works/Safety Manager at the City, who will determine whether the City can accommodate the employee by providing unpaid leave for the time necessary to complete participation in the program.
XII. REFERENCES
1. California Code Of Regulations (CCR), Title 13
2. California Government Code Section 8350, "Drug-Free Workplace Act of 1988"
3. Code of Federal Regulations (CFR), Title 49 Parts 40, 382, and 391 Anderson Drug Free Workplace Policy Pg. 8
EMPLOYEE ACKNOWLEDGMENT OF
RECEIPT OF DRUG FREE WORKPLACE POLICY
This will acknowledge that I have received my copy of the City of Anderson Drug Free Workplace Policy ("Policy") and that I have read the Policy and understand my rights and obligations under the Policy.
I understand that this Policy represents only current policies, procedures, rights and obligations and does not create a contract of employment. Regardless of what the Policy states or provides, The City retains the right to add, change or delete provisions of the Policy and all other working terms and conditions without obtaining another person's consent or agreement.
My signature below further signifies that I have read this Policy and that I accept and will abide by all of its provisions.
PRINT FULL NAME ______________ ~
[RETAIN IN EMPLOYEE PERSONNEL FILE]
Anderson Drug Free Workplace Policy Pg. 9