U
COUNCIL POLICY
IICITY OF CHULA VISTA
SUBJECT: SUBSTANCE ABUSE POLICY
ADOPTED BY: Resolution 13971
I.
POLICY EFFECTIVE
NUMBER DATE PAGE
662- 07 2/ 21/ 89 1 of 8
DATED: February 21, 1989
SECTION I
ADMINISTRATION
The City and its various employee associations and unions recognize that the behavior resulting from the use of alcohol and/or other drugs detrimentally affects work performance, safety, security, public confidencein the City's workforce; and presentsa risk to City employeesand the health andwelfare of the citizens of Chula Vista.
In recognition of the City's responsibility to maintain a safe, healthful and productive work environment, and eachemployee's responsibility to perform work for the public safely, effectively, and efficiently, the City will act to eliminate any substanceabusewhich increasesthe risk for accidents, absenteeism, sub -standard performance, poor employee morale, or damage to the City s reputation.
Substance abuse includes the use or possession of illegal drugs, alcohol or controlled substances which could impair an employee' s ability to perform his or her job safety, effectively, and efficiently.
The City of Chula Vista believesthat its employeesare its most important assetand that substance abuse when successfully treated, will enable the affective employee to return to a satisfactory job performance level.
II. PURPOSE
This policy setsforth the City position regarding substanceabuseand provides guidanceto employees, supervisors, and managersin addressingsubstanceabuseissues.
III. POLICY
It is the policy of the City of Chula Vista that employeesshall not be at work under the influence of alcohol or drugs, shall not useor possessalcohol or drugswhile on duty or while on paid stand-by time and shall not sell or provide drugs to any person while on duty or while on paid stand-by time.
Use of medically prescribed drugs is not violation of this policy. Employees must notify their supervisor before beginning work, however, when taking drugs which may interfere with the safe and effective performance of their duties. Any question about an employee' s ability to perform duties while usingprescribedmedicationwill be addressedby a qualifiedphysician. Employeesreasonablybelieved to be under the influence of alcohol or drugs shall be prevented from engagingin further work and shall be requested to remain on the premises for a reasonable time until an authorized City representative or law enforcement representative can arrange transportation of the employee from the work site for an alcohol and/or drug analysis or home.
Refusal to remain on the premises and/or submit immediately to an alcohol and/or drug analysis when requestedby City managementor law enforcementpersonnelshall constituteinsubordinationandbe grounds for disciplineup to and including termination.
11 Thispolicyappliesto all employeesof the City.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SUBSTANCE ABUSE POLICY
ADOPTED BY: Resolution 13971
POLICY EFFECTIVE
NUMBER DATE PAGE
662- 07 221/ 89 2 of 8
DATED: February 21, 1989
The City reservesthe right to search, without employee consent, all areas and property in which the City maintains full or joint control with the employee for the purpose of detecting alcohol or illegal drugs. Areasin which the City maintainsfull control includebut are not limited to all City owned propertiesand buildingsand City ownedequipment. Areasjointly controlledby the City and the employee include but are not limited to desks, lockers, file cabinets, office cabinets and bookshelves.
TheCity maynotify the appropriatelaw enforcementagencyif it isbelievedthat an employeemayhave illegal drugs in his or her possession.
TheCityis committedto providingreasonableaccommodationto thoseemployeeswhosedrug or alcoholusageclassifiesthem ashandicappedunderfederallaw. An employeemaynot be considered handicappedif that employee's current use of alcohol or drugs prevents the individual from performing the duties of the job in question, or whose employment would cause a direct threat to property or safety.
IV. EMPLOYEE ASSISTANCE PROGRAM
The City has a well established voluntary Employee Assistance Program ( EAP) to assist employees who seekhelp for substanceabuseproblems.
TheEAPisavailableforassessment, referralto treatment, andfollow-up. AnyemployeeoftheCityof ChulaVistawishing confidentialassistancefor a possiblealcoholor drug problemcan call the EAP office and arrange for an appointment with a counselor.
Employeeswho are concernedabouttheir alcoholand/or drug useare stronglyencouragedto voluntarily seek assistancethrough the EAP. In addition, employeeswho are concerned about alcohol and/or drug use among their co-workers should strongly encouragethose individuals to seek assistance through the EAP.
All self -referral contactsare held in confidenceby the EAPunlessthe employeerequests, through specific written release of information, that the department, supervisor, union, or other parties be notified.
The employee's compliancewith recommendationsof the EAPis voluntary. The employee's job securityand/or promotionalopportunitieswill not bejeopardizedby utilizationof the EAPor any other treatmentservices. Useof the programdoesnot replacenormal disciplinaryproceduresfor unsatisfactory job performance.
ConfidentialityisanessentialelementofboththeEAPandsubstanceabusetreatment. Anyemployee violating this confidentialitywill be subjectto disciplinaryaction.
The employeecan schedulean appointmenton his/her own time (daysoff, beforeor after the work shift, duringlunchbreak) withoutlettinganyonein thedeparmtentknowof this. Sickleavetime maybeusedfor self -referralappointmentsduringregularworkhours. Whenanemployeeis referred to theEAPonanofficialbasisbytheirdepartment, thesessionis heldonCitytime.
If anemployeerequiresleavetimefor substanceabusetreatment, he/shecanfollowestablished personnelpolicy concerningsickleaveusage. If the employeerequeststhat the purposeof the sick leavenotbedisclosedtohis/herimmediatesupervisor, thedoctor'smedicalslipcanbeprocesseddirectlythroughtheEAPTheEAPcounselorcancontactthedepartmentheadorhis/herdesignee forauthorizationofleavetime. Thedepartmentheadordesigneeshallmaintainconfidentialityregardingthereasonfortheleavewhenadvisingthesupervisoroftheemployee'stimeaway. 0 COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SUBSTANCE ABUSE POLICY
ADOPTED BY: Resolution 13971
POLICY EFFECTIVE
NUMBER DATE PAGE
662- 07 2/ 21/ 89 3 of 8
DATED: February 21, 1989
Employees and/ or their dependents are responsible for all deductibles and copayment costs associated with out-patient counseling servicesunder their individual health insurance.
V. IN- PATIENT SUBSTANCE ABUSE TREATMENT
The City agreesto provide in-patient treatment for substanceabusefor employeesand their dependents through Scripps Memorial -McDonald Center for as long as the City has a service agreement with Scripps Memorial Hospital. This benefit will be provided at no charge, with the exception of physician fees, to employees and/ or their dependents.
Covered employees includes all full- time and permanent part- time workers who work 20 hours or more per week. Covered dependents are spouses or dependent children under age 24 for whom the employee provides more than 50% support Dependent children are limited to one hospitalization in any 12 -month period.
Referrals for in- patient substance abuse treatment must be made by a physician. The McDonald Center reservesthe right to decline an admission if they deem it inappropriate. All admissions are subject to service and space availability.
The City shall give 60 days notice to all recognized Bargaining Units prior to the termination of the Scripps Hospital service agreement
VI. OUT- PATIENT SUBSTANCE ABUSE TREATMENT
The City agrees to provide out-patient treatment for substance abuse for employees and their dependents through Scripps Memorial -McDonald Center for as long as the City has a service agreement with Scripps Memorial Hospital. This benefit will be provided at no charge, with the exception of physician fees, to employees and/ or their dependents.
Covered employees includes all full - tune and permanent part- time workers who work 20 hours or more per week. Covered dependents are spouses or dependent children under age 24 for whom the employee provides more than 50 percent support
The City shall give 60 days notice to all recognized Bargaining Units prior to the termination of the Scripps Hospital service agreement.
An employee must:
A. Demonstrate satisfactory job performance;
B. Not report to work or be subject to duty on paid stand- by time while his/ her ability to perform job duties is impaired due to alcohol or drug use; C. Not possess, use or be under the influence of alcohol during compensated working hours or while subjectto duty on paid stand-by time, unless authorized by the City Manager; D. Not possess, use or be under the influence of illegal drugs or legal drugs without a prescriptionduringworkinghoursor while subjectto duty on paid stand-by time; E. Not directly or througha third party sell or provide illegal drugs to any personor to any other employeewhile either employeeor both employeesare on duty or while on paid stand- by time;
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SUBSTANCEABUSEPOLICY POLICY EFFECTIVE
NUMBER DATE PAGE
662- 07 221/ 891 4 of 8
ADOPTED BY: Resolution 13971 DATED: February 21, 1989
F.
Submitimmediatelyto analcoholanddruganalysiswhenrequestedbyaresponsibleCity supervisor or management representative who is familiar with the employee's normal behavior. If there isn't someoneavailablewho is familiar with the employee's normal behavior, thenatleastoneothersupervisorormanagerwill aconsultedbeforealcoholand/or drug analysis is requested;
G. Notifyhis/her supervisor, beforebeginningwork, whentakinganymedicationsor drugs, prescriptionor non-prescription, whichmay interferewith the safeand effectiveperformance of duties or operation of City equipment.
VIII. ADMINISTRATIVE PROCEDURES
Thissectionestablishesadministrativeproceduresfor employeestofollowwhenthereisreasonto file a complaintregarding a supervisoror managerwho is abusingsubstancessuch as drugs and/or alcohol.
A.
Sections53296throughS399ofArticle4.5. DisclosureofInformation-: LocalGovernmentof theCaliforniaGovernmentCodemayapplytothissectionoftheSubstanceAbusePolicy. A copyof Article4.5 is attachedto thispolicy. Dependingupontheseverityof the conduct complained of, such a complaint may constitute a " disclosure of information" within the meaning of Government Code Section 53296( c). If so, the following procedure constitutes the locally adoptedadministrativeprocedureauthorizedby GovernmentCodeSection 53297(c). A copyof Article 4.5 of Chapter2, Part 1, Division 2, of the GovernmentCode commencingwith Section53296) is attached. If the complaint filed is intended to also constitutea complaintunderArticle4.5, it shallbeunderpenaltyof perjuryandfiled in writing within 60 days of the date of the act or event complained of.
B.
AnyemployeemayfileawrittenorverbalcomplaintwiththeDirectorofPersonnelortheir departmentheadregardinganysupervisorormanagerwhoseperformanceisbeingaffected by substance abuse.
C.
Writtenor verbalcomplaintsshallcontaindetailedevidenceregardingtheallegationof substance abuse.
D. Employeesfiling sucha complaintmayelectto remainanonymous.
E.
Allverbalorwrittencomplaintswillbeimmediatelyforwardedtotheappropriatesupervising authoritywho maythenrequestthat the supervisoror managersubmitto a drugand/or alcoholanalysisin accordancewith SectionTwo, ManagementandSupervisoryGuidelinesof this policy.
F.
Nomanagerorsupervisorshalltakereprisalactionthroughanyactofintimidation, restraint, coercion, or discriminationagainstanyemployeewhofiles a complaint.
G.
Complaintswhicharedeterminedtobemaliciousorvexatiouswillnotbetoleratedandwill subjectthe complainingindividual to disciplinaryaction.
DL SEPARABH= CLAUSE
IfanysectionofthisPolicyshallbeheldinvalidbyoperationoflaworbyanytribunalorcompetentjurisdictionorifcompliancewithorenforcementofanysectionshallberestrainedbysuchtribunal, the remainder of this Policy shall also be held invalid. io
0 0
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SUBSTANCE ABUSE POLICY POLICY EFFECTIVE
NUMBER DATE PAGE
662- 07 2/ 21/ 89 5 of 8
ADOPTED BY: Resolution 13971 1DATED: February21, 1989
If theCitydoesnotinstallacomparablein-patientsubstanceabusetreatmentprogramasdescribedin Section One, 5 of this Policy, the Policy will be suspendeduntil the parties reach agreement.
If there is a dispute as to what is "comparable," the Policy will be suspended until that issue can be resolved.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SUBSTANCE ABUSE POLICY POLICY EFFECTIVE
NUMBER DATE PAGE
662- 07 1 2/ 21/ 89 6 of 8
ADOPTED BY: Resolution 13971 1DATED: February21, 1989
SECTION 2
MANAGEMENT AND SUPERVISORY GUIDELINES
I. PURPOSE
Theseguidelinesoutline the responsibilitiesof City managementand supervisorsfor the managementof substance abuse deterrence.
II. SUPERVISORY AND MANAGEMENT RESPONSIBILITIES AND GUIDELINES A. Managersandsupervisorsareresponsiblefor consistentenforcementof thispolicy.
B. It shallbe the responsibilityof supervisorsat everylevelto encourageemployeesto usethe EmployeeAssistanceProgramwhendeterioratingor unsatisfactoryjob performancedoesnot respond to usual supervisory actions, or when a specific on-the-job incident is cause for concern. A supervisor should not attempt to diagnose an employee' s problems. The supervisor' s role is to monitor job performance.
C. Managersor supervisorsmayrequestthatanemployeesubmitto adrugand/or alcoholanalysis when reasonable suspicion exists that an employee is intoxicated or under the influence of drugs or alcohol. " Reasonablesuspicion" is a belief basedon objective and specific facts sufficient to leadareasonablyprudentpersonto suspectthat anemployeeis underthe influenceof drugsor alcohol to the extent that the employee' s ability to perform the functions of the job appears to be impaired.
For example, anycombinationof thefollowingmayconstitutereasonablesuspicionof substance abuse or other health related problem that requires attention:
1. Slurred or thick speech;
2. Alcohol on breath;
3. Inability to perform work properly;
4. Physical altercation where blows are exchanged;
5. Problemswalking or other physicalactivity impairment;
6. Unusual, anti -socialbehaviorwhichis so unusualthatit warrantssummoninga supervisor or anyone else with authority-,
7 Possession of alcohol or drugs;
8. Eyesthat stareblanklyor appearglassy;
9. Wide and severe mood swings;
10. An accidentinvolvingCityproperty.
D.
Anymanagerorsupervisorrequestinganemployeetosubmittoadrugand/oralcoholanalysis shall, within24hours, documentinwritingthefactsconstitutingreasonablesuspicionthatthe employeein questionisintoxicatedor underthe influenceof drues.
1. If the confirmatory drug screen is positive, the employee must provide a valid current prescription for the drug identified in the drug screen within 24 hours. The prescription must be in the employee' s name. If the employee does not have a valid prescription, or if the prescription is not in the employees name, or if the employee has not previouslynotified his or her supervisor, the employeewill be subjectto disciplinary action.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SUBSTANCE ABUSE POLICY POLICY EFFECTIVE
NUMBER DATE PAGE
662- 07 221/ 89 7 of 8
ADOPTED BY: Resolution 13971 1DATED: February21, 1989
E. Managersand supervisorsmust dealwith suspectedoffenders asdiscreetly, inconspicuously, and confidentially as possible.
F Any manageror supervisor encountering an employeewho refuses to submit to a drug and/or alcohol analysis upon request shall remind the employee of the requirements and consequences of refusal. Any employeerefusing to submit to a drug and/or alcohol test shall not be forced to submit to suchtesting but will be subject to discipline for insubordination for refusal to do so.
The manager or supervisor should require the employee to remain on the premises for a reasonabletime until an authorized City representative or law enforcement representativecan arrangefor transport of the employeefor testing or home in the event of refusal.
G. Managers and supervisors shall not physically search employees but should request that they remain on the premisesuntil lawful authority for searchingis obtained.
H. Managersand supervisorsshall notify the appropriate law enforcement agencywhen they have reasonablesuspicionto believethat an employeemay haveillegal drugs in his or her possession or in an areanot jointly or fully controlled by the City.
I. Managers and supervisors may search areas jointly or fully controlled by the City, however, in the event such area is occupiedby a PeaceOfficer defined under Penal Code Sections830.1, 830. 2, 830.3, 830.31, 830.4, and 830. 5 all searches shall be consistent with Government Code Section 3309 ( Police Officer Bill of Rights).
J. Managers and supervisors shall not confiscate, without consent, prescription drugs or medications from an employee who has a valid prescription for same.
K. Any time spent remaining on the premises at the request of a supervisor or manager or time spent for druglalcohol testingwill be consideredCity time and paid for by the City L. Demands for drug or alcohol analysisby supervisorsor managers, which are determined to be malicious or vexatious, will not be tolerated and will subject the directing individual to disciplinary action.
vi. PHYSICAL EXAMINATION AND PROCEDURE
A. The drug and/or alcohol analysismay test for any substancewhich could impair an employee's abilityto effectivelyandsafelyperformthefunctionsof his/herjob, including, but not limitedto prescription medications, heroin, cocaine and its derivatives, morphine and its derivatives, P. C. P., methadone, barbiturates, amphetamines, marijuana and other cannabinoids.
B. A confirmatory analysis after an initial positive result will be conducted. The laboratory conducting the analyseswill not release any information to the City until a confirmatory analysis is completed. A positive result from a confirmatory drug and/or alcohol analysis may result in a mandatoryreferralto the EAP and/or disciplinaryaction, up to and including discharge.
1. If the confirmatorydrug screenis positive, the employeemust providea valid current prescriptionfor the drug identifiedin the drug screen within24 hours. The prescriptionmust be in the employee's name. If the employeedoes not havea valid prescription, or if the prescriptionis not in the employeesname, or if the employee has not previouslynotifiedhis or her supervisor, the employeewill be subjectto disciplinaryaction.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: SUBSTANCE ABUSE POLICY POLICY EFFECTIVE
NUMBER DATE PAGE
662- 07 2/ 21/ 89 8 of 8
ADOPTED BY. Resolution 13971 DATED: February 21, 1989
2. If theconfirmatoryalcoholor drugscreenispositivefor alcoholor drugs, theCityshall conduct an investigation to gather all salient facts. The decision to discipline or dischargewill be carried out in conformancewith the City's Civil ServiceRules.
VIII. CONFIDENTIALITY
Laboratory reports or test results shall not be recorded in an employee's personnel file but rather in a separateconfidential medical folder contained within the employee's personnel file. All personnel files shallcontaina confidentialmedicalfile. The reportsor test resultsmaybe disclosedto City managementon a strictly need -to -know basis and to the tested employee upon request. Disclosures, withoutemployeeconsent, mayalsooccurwhen: (1) theinformationis requiredbylawor byjudicial or administrative process, excludingpromotability boards; (2) the information has been placed at issue in aformaldisputebetweentheemployerandemployee; (3) theinformationisneededbymedical personnel for the diagnosisor treatment of the employeewho is unable to authorize disclosure. attach: Government Code § 53296 through 53299
Substance Abuse Fact Sheet
Article 4. 5
DISCLOSURE OF INFORMATION: LOCAL GOVERNMENT
Section Section
53295. Definitions. 53`29& Reprisals.
53297, Filing complaint; exhaustion of adminis- 532985. Violations; punishment trative remedies; procedure; penalty 53299. Report to Governor and Legislature of perjury.
Article 4.5 was added 5y Stata1986, c J6J, § 7.
53296. Definitions
Definitions used in this article:
a) "Localagencyrmeansanycounty, city, cityandcounty, includinganychartercounty, city, or city andcounty, andanydistrict, schooldistrict, communitycollegedistrict, municipalorpubliccorporation, politicalsubdivision, or publicagencyofthestate, or anyinstrumentalityof anyoneor moreof these agencies.
b) "Disciplinaryaction" meansanydirectformof disciplineasdefinedin personnelrulesand regulationsadoptedbythelocalagency. "Disci 'naryaction" shallincludethefain¢ ofanemployee. c) "Disclosureofinformation" meansthewrittenprovisionof evidenceregardinggroesmism__ag mentorasignificantwasteoffunds, anabuseofauthority, orasubstantialandspecificdangertopublic health or safety.
d) "Comphtint" meansanywrittendocumentcontainingadisclosureofinformationasspecifiedin subdivision ( c).
e) "Employee" meansanypersonemployedby a localagency.
f) "Manager" meausanyemployeehavingsignificantresponsibilitiesforformulatingor administering localagencyordepartmentalpoliciesandprogramsoradministeringthelocalagencyoradepartment g) "Supervisoryemployee" or "supervisor" meansanyemployeeregardlessofjobdescriptionortitle, havingauthority, intheinterestoftheemployer, to hire, transfer, suspend, layoff, recall, promote, discharge, asaign, reward, ordisciplineotheremployees, orresponsibilityto directthem, ortoadjust theirgrievances, oreffectivelytorecommendthisaction, if, inconnectionwiththeforegoing, theexercise ofthisauthorityisnotofamerelyroutineorclericalnature, butrequirestheuseofindependent judgment
h) "Officer" meansanyappointedmemberofaloafboard, commission. orothergoverningbodywho supervisesor is responsiblefor the workof oneor morelocalagencyemployers i) "Administrativeprocedure" meansanywrittenadministrativeprocedureadoptedbythelocal agencyforpresentationofagrievanceforuldmaadecisionbythegoverningbodyofthelocalagency. Thetermdoesnotincludegrievanceproceduresembodiedincollectivebargainingagreements. j) " Reprisal action" meansany act of intimidation, restraint, coercion. " " " discrimination, or
linaryactionagainstanyemployee, orapplicantforemployment, whofilesacomplaintpursuantto on 53297.
AddedbyStats1986, c. 353, § 7. AmendedbyStats.1993, c 503 (SB.194), §
1.)
Law Review Commentaries
Review of selected 1993California )egislatim 25 Pae
I. J. 812 ( 1994).
Library References
Words and Phrases (Perm. Ed)
53297. Filing complaint; exhaustionofadministrativeremedies; procedure; penaltyof perjury a) Anemployee, orapplicantforemployment, shallhavetherighttofileacomplaintwiththelocal agencywithin60daysof the dateof theart or eventwhichis thesubjectof the complaint b) priortofilingawrittencomplaintpursuanttothisarticle, theemployeestallfustmakeagoodfaitheffortto exhaustallavailableadministrativeremedies. The60 -daytimelimitspecifiedin subdivision (a) shallbeextendedbytheamountoftimeactuallyutilizedbytheemployeein pursuing available administrative remedies.
c) A complaintpursuantto this articleshallbe filedin accordancewiththelocallyadoptedadministrativeprocedure. If thereis noadministrativeproccdmeethecomplaintshallbefled withthe governing body.
d) All complaintsbroughtbyemployeesandsthisarticleshallbefledunderpenaltyofperjury Addedby Stats.1986, c 553, § 7.)
50 5.'.298. Reprisals
a) No localagencyofficer, manager, or supervisorshalltakea reprisalaction • . • against any employeeorapplicantfor employmentwhoUes a complaintpursuantto Section53297. b) Thisarticleis notintendedtopreventa localagencyfromtaking, directingothersto take, recommending, or approvinganypersonnelactionwithrespectto anyemployeeor applicantfor employmentifthelocalagencyreasonablybelievesthattheactionorinactionisjustifiedonthebasisof separateevidencewhichshowsanyof thefollowing.
1) Theemployee's complainthasdisclosedinformationthatheorsheknowstobefalseorhasdisclosedinformationwithoutregardforthetruthorfalsitythereoL 2) Theemployee's complainthasdisclosedinformationfromrecordswhichareclosedtopublicinspection pursuant to law. 3) Theemployee'scomplainthasdisclosedinformationwhichisconfidentialunderanyotherprovisionOf law. 4) Theemployeewasthesubjectofanongoingorexistingdisciplinaryactionpriortothedisclosureofinformationwiththelocalagency. 5) Theemployeehasviolatedanyotherprovisionofthelocalpersonnelrulesandregulations, hasfailedtoperformassignedduties, orhascommittedanyotheractunrelatedtothedisclosurethatwouldotherwise be subject to personnel action. c) Itisnotaviolationofthisarticleforanofficer, manager, orsupervisortotakedisciplinaryactionagainstanemployeeifthatofficer, manager, orsupervisorhadnopriorknowledgethatacomplainthadbeenMedby that employee.
Added by Stats1986, a 85$ § 7. Amendedby Stats1993, a 503 (S.R.194), 12.) Law Review Commentaries
Reviemofselected1993Californialegislation. 25Pae
L.T. 812 (1994).
532985. { iolations, punishment
a) Anyofficer, manager, orsupervisorwhoviolatesSection58298withmaliciousintentispunishablebyatinenottoexceedtenthousanddollars ($10,000) andimprisonmentinthecountyjailforuntoa periodofoneyear. In addition, anylocalagencyofficer. manager, orsupervisorwhomaliciouslyengages in conductprohibitedby Section53298shallbe disciplinedasprovidedby localpersonnelrulesand regulations.
b) In additionto all otherpenaltiesprovidedby law, anylocalofficer, manager, or supervisorwhobas beenfoundby a courtto haveviolatedtheprovisionsofSection58298withmaliciousintentshallbe individuallyliablefor damagesin anactionbroughtagainsthimor her by theinjuredemployee Primitive damagesmaybeawardedbythecourtwheretheoffendingpartyhasactedwithmalice. Whereliability hasbeenestablished, theinjuredemployeeshallalsobeentitledtoreasonableattorney'sfeesasprovided bylaw. Innoway, shalttheprovisionsofthisarticleestablishanyliabilityforpunitivedamagesorany newcruseof actionagainstthe localpublicentityotherthanliabilitiescontainedin existinglaw.
Added by Stats1986, a 353, § 7.)
i 53299. Report to Governor and Legislature
In orderfortheGovernorandtheLegislaturetodeterminetheneedtocontinueormodifylocal agencypersonnelproceduresastheyrelateto disclosureofinformationby publicemployees, the League ofCaliforniaCitiesinconsultationwiththeCountySupervisorsAssociationofCalifornia, maysubmiton June30, 1987, andannuallythereafter, a reportto theGovernorandtheLegislatureregardingcomplaintsfiled, hearingsheld andlegalsetonstakenpursuantto this section.
Addedby Stats1986, a 353, § 7. Amendedby Stvts.1989, a 129, § 1J' Cruse References
Repots to legislators or govemw, moeamdam and
eaceodons. see Government Code i 7550.&
2-
SUBSTANCE ABUSE POLICY - FACT SHEET
What is it and how was it developed?
The SubstanceAbusePolicy was developedover a 12 -monthperiod by representativesof the City andthe four Bargaining Units. The underlying belief of the City is that both employees and management should take joint responsibilityin assuringwehavea substance -freeworkplace. Towardthatend, thispolicy providesguidelinesfor all employeesandmanagersto follow in handlingsubstanceabuseproblems. It alsocontainsa strongrehabilitation benefitto assistemployeesandtheir familiesin overcomingsubstanceabuse.
Why have a policy?
Alcohol and/or drugs, whenabusedby you or anotherfamily member, can affectjob performance. This policy ensuresthateveryoneis treatedfairly andwith confidentiality, andit enablespeopleto gethelp for substanceabuse problems.
When could I be tested?
You maybe askedto submitto a drug and/or alcoholanalysisif you exhibit morethan oneof the following:
Slurred or thick speech
Alcohol on breath
Inability to perform work properly
Problems walking
Very unusual, anti -social behavior
Possession of alcohol or drugs
Blank, glassy -eyed stare
Wide and severe mood swings
Involved in an accident with City property
What substances will I be tested for?
Alcohol ( actual value) Methaqualone
Amphetamines Opiates
Barbiturates PCP
Benzodiazepines Marijuana
Cocaine Methadone
What happens if the test is positive for one or more substances? A confirmatory testwhich is moresensitivewill be doneto verify thepresenceof alcoholor drugsin your body What will happen if I need substance abuse treatment?
The Employee Assistance Program ( EPA) can be used for out- patient treatment. Also available is out- patient treatment through Scripps Memorial -McDonald Center. All costs associatedwith this treatment are paid by the City with the exception of physician fees. If in-patient treatment is needed, you can enter the Scripps Memorial- 3-
McDonald Center program. All costs, with the exception of physician fees, are paid by the City The City recognizesthatwhen other family membershavesubstanceabuseproblems, your performanceon thejob maybe affected. Therefore, this benefit is also extended to your covered spouse or dependent children.
Can I still take my prescription medication?
Usingprescriptiondrugsaccordingto physiciandirectionis fine; however, if youaretakingdrugswhichcould interfere with your ability to do youjob safely, you mustnotify your supervisor.
Suppose I suspect that my supervisor is under the influence of some substance? Any employeecanreporthis or her supervisoror managerfor substanceabusewithout fearof reprisal. The Policy guidelines explain how to document and report incidents.
Suppose my supervisor orders me to submit to a drue screen iust because he or she doesn't like me? Reports that are malicious won' t be tolerated, and the reporting person will be subject to disciplinary action.
If I havea positive drug screen, will it ¢o on my record? Discretion and confidentiality are cornerstones of this Policy Laboratory results will be kept in locked, separate confidential medical files in the Personnel Department.
What other protections does the Policy contain?
You may not be physically searched.
Your prescription mediation may not be confiscated.
Reportingindividuals shouldbe familiar with your normalbehavior.
State law protects you in the event you want to report your supervisor for substance abuse.
Random testing is not allowed.
There must be a combination of substanceabusebehaviors demonstrated before any question can be raised about substance abuse. An " off day" won' t get you in trouble.
Managersand supervisorsarecoveredunderthis policy just like all othersare.
You can refuse to take a drug screen, but you may be disciplined for insubordination.
Why a policy now?
Oneout of every tenworkers in theU.S. is affectedby substanceabuse. Currently, thereare20 federalagencies that perform mandatory, random drug screens on employees. Two recent court caseshave upheld governments' right to randomlytestemployeeswherepublicsafetyis anissue. It is theCity' sbelief thatthispolicy will pre-empt blanketcoverageby a more stringentpolicy or law thatmaybe enactedby thestateor federallegislature.
A policy works best when employees have substantial input. Over three hundred staff and employee hours went into creatingthis policy which respondsto the nationalproblem of substanceabusein the workplace, is fair and provides a substantial new benefit.
4-