An employee's failure to provide this notice in a timely manner 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 medications or drugs. clearance from a qualified physician may be required.
8. Prohibited Conduct
The City prohibits the following acts:
1. Being under the influence of, or in possession of alcohol. drugs. or controlled substances when reporting for work;
2. Ingesting. injecting, or otherwise using alcohol, drugs, or controlled substances while performing job duties. except in accordance with above Section A.3 regarding prescription drugs where applicable:
3. Being under the influence of alcohol. drugs, or any controlled substances while subject to being called to duty, including stand by time:
4. Performing a DOT safety sensitive function within four hours of using alcohol or while using alcohol;
5. Directly or through a third party. manufacturing, selling, distributing. dispensing, otherwise attempting to manufacture, sell. or distribute alcohol. drugs, or controlled substances during work hours. including rest breaks or while on City premises;
6. Use of City property or premises to manufacture, sell. or distribute alcohol. drugs, or controlled substances:
7. Absence or tardiness as a result of having been under the influence of alcohol. drugs. or controlled substances during non work time: and Drug and Alcohol Free Workplace Policy
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8. Refusing to submit immediately to any alcohol, drug, or controlled substance test required by this Policy when directed by the City. Refusal includes but is not limited to:
a. A refusal to provide a urine sample for a drug test:
b. An inability to provide a urine sample without a valid medical explanation:
c. A refusal to complete and sign a testing authorization form; d. An inability to provide breath or to provide an adequate amount of breath without a valid medical explanation;
e. Tampering with or attempting to adulterate or substitute the urine specimen; f. Not reporting to the collection site in the time allotted by the supervisor or manager who directs the employee to be tested:
g. Obstructing the collection procedure or testing process in any way; or h. Leaving the scene of an accident without a valid reason as to why and no authorization from a supervisor or manager was not obtained.
9. Consuming alcohol, drugs, or controlled substances during the eight hours immediately following an accident in which the employee was involved. or until the employee undergoes a post-accident alcohol or drug test, whichever comes first.
10. Refusal to submit to a search of personal property when directed by the City, upon reasonable suspicion and where applicable in accordance with Section 3309 of the Public Safety Officers Procedural Bill of Rights.
Notifying the City of Any Criminal Drug Statute Conviction In accordance with the Drug Free Workplace Act of 1988, an employee must immediately notify the City of any criminal drug statute conviction of a violation that occurred in the workplace no later than five days after such conviction. Any employee who fails to provide this notice will be subject to discipline, up to and including termination.
Consequences for Violation of this Policy
1. Discipline
Any violation of this Policy may result in discipline, up to, and including termination. Discipline may be imposed regardless of whether or not an employee is convicted of any crime related to any violation of this Policy.
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Any violation of this Policy that may constitute criminal conduct or violation of the DOT regulations may be reported to the appropriate law enforcement agencies and/or subject the employee to civil penalties.
2. Removal from Work Site
Employees reasonably believed to be under the influence of alcohol, drugs, or controlled substances shall be immediately prevented from engaging in further work and shall be detained for a reasonable time until they can be safely transported from the work site.
3. Removal of DOT Safety Sensitive Functions
An employee whose alcohol test indicates an alcohol concentration level between .02 and .04 will be removed from their DOT safety sensitive position for at least 24 hours. An employee whose alcohol test indicates an alcohol concentration level greater than .04 will be removed from their DOT safety sensitive position for a period to be determined by the Department head, or Human Resources Director.
If an employee tests positive for drugs or controlled substances, the employee may not perform DOT safety sensitive functions until satisfying the following requirements:
a. The employee must be retested and receive a verified negative result: and b. When referred to a Substance Abuse Professional, the employee must complete any course of rehabilitation and submit to a return to duty test, as developed with the assistance of the Substance Abuse Professional. The City is not required to pay for this type of treatment.
A Substance Abuse Professional is a licensed physician, psychologist. social worker, or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol, drug, and controlled substance abuse disorders.
4. Termination for Inability to Perform Essential Functions After the City has complied with any legal obligation to reasonably accommodate an employee's protected disability, the City may terminate an employee who is unable to perform the essential functions of the job.
Alcohol and Drug Testing
1. Pre-employment Testing
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Prior to the start of employment. the City may require all applicants to submit to a test for alcohol and illegal drug use as a condition of employment. Any applicant who refuses to provide consent for this test. or who receives a verified positive result will be disqualified from City employment. a. Requirement for Records Check
As required by the DOT regulations, an applicant to a DOT safety sensitive position will be asked to provide. by written consent. alcohol and drug testing records from prior employers regulated by the DOT for the two-year period prior to the date of application. These records shall include any alcohol test results of .04 or higher alcohol concentration: refusals to be tested: verified positive drug tests: and documentation of the successful completion of return to duty requirements by the DOT.
b. Requirements for Direct Inquiry
The applicant also must provide information regarding whether they have tested positive or has refused to test on any pre-employment drug or alcohol test for any DOT safety sensitive job applied for but not obtained during the prior two years, as required by the DOT regulations.
2. Reasonable Suspicion Testing and Search
If a supervisor reasonably suspects that an employee is under the influence of alcohol, drugs, or controlled substances while performing job duties or operating City equipment and. upon prior approval by the Department head or Human Resources Director, the supervisor may require the employee to submit to an alcohol and/or drug test. An employee's refusal to submit to such a test is cause for discipline, up to and including termination.
Moreover. the City reserves the authority to search. without employee consent and. where applicable. subject to Section 3309 of the Public Safety Officers Procedural Bill of Rights all areas of City property which the City maintains control or joint control with the employee.
Examples of indicators which can form a reasonable suspicion that an employee is under the influence of alcohol. drugs. or controlled substances include but are not limited to direct observation of the following:
a. slurred speech;
b. glassy or bloodshot eyes:
c. odor of alcohol;
d. unsteady walking and movement;
e. an accident involving City property, employee or client:
f. a near accident or other safety violation:
g. physical or verbal altercation;
h. possession of alcohol. drugs. controlled substances, or drug paraphernalia; Drug and Alcohol Free Workplace Policy
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i. sleeping on the job:
j. pattern of abnormal or erratic behavior:
k. information either provided by reliable and credible sources or independently corroborated:
I. conviction for a drug related offense; and
m. tampering with a previous drug test.
3. Post-Accident Testing
Unless the City determines that the employee's performance was not a contributing factor, any employee involved in a reportable accident may be subject to an alcohol test within two hours following the accident and to a drug test within 32 hours following the accident. Not only may the operator of the vehicle be tested, but so may any other employee whose performance may have contributed to the accident, such as the employee who maintains the vehicle or work site where the accident occurred.
An accident is considered reportable if it occurs while in a City commercial motor vehicle on City property, or when operating a commercial motor vehicle on a public road in commerce and involves any of the following: 1) while performing DOT safety sensitive functions with respect to the vehicle. the accident involved a fatality; or 2) the issuance of a citation by law enforcement to the employee for a moving traffic violation arising from the accident and a) bodily injury demanding immediate medical treatment away from the scene of the accident or b) vehicular damage so that the vehicle must be towed away from the scene of the accident, even after simple repairs on the scene. The operator of the vehicle must immediately report this accident to the appropriate authorities, as well as the City, so that the relevant drug/alcohol tests may be conducted.
4. Transfers to DOT Safety Sensitive Positions
a. Requirement for Records Check
As required by the DOT regulations, employees who transfer to a DOT safety sensitive job will be asked to provide, by written . consent, alcohol and drug testing records for the two-year period prior to the date of application. These records shall include any alcohol test results of .04 or higher alcohol concentration: refusals to be tested: verified positive drug tests: and documentation of the successful completion of return to duty requirements by the DOT.
Q,. Requirements for Direct Inquiry
Transferred employees also must provide information regarding whether they have tested positive or has refused to test on any pre-employment drug or alcohol test for any DOT safety sensitive job applied for but not obtained during the prior two years, as required by the DOT regulations.
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5. Random Testing
DOT safety sensitive employees will be subject to random alcohol and drug testing as required by the DOT guidelines. Depending on the random selection, some employees may be tested more than once in a year, while others are not tested at all. Testing will take place just prior to the employee performing a DOT safety sensitive function, while the employee is performing a DOT safety sensitive function , or just after the employee has stopped performing a DOT safety sensitive function.
a. Alcohol Test
Unless otherwise amended by the DOT guidelines, the City will randomly test at least 25% of the total number of DOT safety sensitive employees in the consortium pool per year for alcohol.
b. Drug Test
Unless otherwise amended by the DOT guidelines, the City will randomly test at least 50% of the total number of DOT safety sensitive employees in the consortium pool per year for drugs.
6. Return to Duty Testing
An employee who has violated this Policy may be subject to a return to duty test, and up to six unannounced drug/alcohol tests during the first twelve months back to a DOT safety sensitive position. The results must indicate an alcohol concentration of less than .02, or in cases of a drug test, must indicate a verified negative result. This testing is separate from any random testing obligation.
Testing Procedures
The procedures regarding alcohol and drugs testing will be provided upon employee request to the Human Resources Director. Analytical urine controlled substance testing and breath testing for alcohol will be conducted as required under the DOT guidelines.
Records Keeping and Confidentiality
The City is obligated to maintain records of the administration, including violations, of this Policy for a period of five years. Through the consortium pool, an annual report summarizing this information will be issued.
Any laboratory reports and test results shall not appear in an employee's general personnel folder but will be contained in a separate, confidential medical folder that will be securely kept under the control of the Human Resources Director. The Drug and Alcohol Free Workplace Policy
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report 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 under the following situations:
1. When the information is compelled by law or by judicial or administrative process;
2. When the information has been placed at issue in a formal dispute between the employer and employee;
3. When the information is to be used in administering an employee benefit plan: or
4. When the information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure.
5. When requested by the DOT or any state or local officials with regulatory authority over the City or any of its DOT safety sensitive employees.
Rehabilitation
The City encourages employees to use City sponsored employee assistance programs voluntarily to assist them in resolving any alcohol. drug, or controlled substance abuse problems. Employees should contact their supervisor, Department head, or Human Resources Director for additional information, including further information concerning the dangerous effects of alcohol misuse and drug use on an employee's health, work, and personal life. The City is committed to providing reasonable accommodation to those employees whose alcohol or drug abuse problem classifies them as disabled under federal and/or state law.
While the City will be supportive of those who seek help voluntarily, the City will be firm in identifying and disciplining those who continue to be substance abusers and who do not seek help or continue substance abuse even while enrolled in counseling or rehabilitation programs. Therefore, the City may require employees to use employee assistance programs, and in addition to mandatory referrals to a Substance Abuse Professional where applicable.
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EXHIBIT 28A-1
DESIGNATED SAFETY SENSITIVE POSITIONS - CITY OF LOS BANOS Employees determined to be safety-sensitive by the City are subject to the following testing pursuant to this Policy:
• Pre-employment testing as the City has determined that a special need exists; and • Random testing as these positions have been determined by the City to be safety sensitive;
• Reasonable suspicion testing: and
• Any other testing permitted by this Policy and any other applicable City policy (see Division 28A for Drug and Alcohol Policy pursuant to Department of Transportation ("DOT") Regulations when applicable).
For the purpose of this Policy, the City has determined that the following positions are safety sensitive. Some of these positions may also be covered under the City's Drug and Alcohol Policy pursuant to DOT Regulations.
1. Those required to test by State or Federal mandates (examples: commercial and transit driver license holders)
2. City Manager
3. City Attorney
4. Assistant City Manager
5. Human Resources Director
6. Finance Director
7. Finance Manager
8. Community & Economic Development Director
9. Senior Planner
10. Housing Program Manager
11. Homeless Outreach Coordinator
12. Information Technology Technician
13. Public Works Director
14. Public Works Director/City Engineer
15. City Engineer
16.Assistant City Engineer
17. Assistant Public Works Director
18. Public Works Operations Manager
19. Facilities Manager
20. Parks & Recreation Director
21. Parks & Recreation Operations Manager
22. Recreation Supervisor
23. Parks & Recreation Foreman
24. Recreation Coordinator 1/11
25. Public V\f.orks Officer Manager
26. Public Works Supervisor
27. Water Quality Specialist
28. Fleet Maintenance Coordinator
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29. Public Works Foreman
30. Public Works Inspector I
Recreation Coordinator II
31. Maintenance Mechanic 1/11
32. Custodian
33. S\veeper Operator I
34. Environmental Control Specialist 1/11/-111 and Trainee
35. Utilities Maintenance Worker 1/11/-111
36. Maintenance Worker 1/11/-111 and Trainee
37. Fire Chief
38. Assistant Fire Chief
39. Fire Captain
40. Fire Engineer
41. Fire Fighter
42. Battalion Chief
43. Police Chief
44. Police Commander
45. Police Services Manager
46. Police Sergeant
47. Public Safety Dispatch Supervisor
48. Records Supervisor
49. Code Enforcement Officer
50. Public Safety Dispatcher
51. Community Services Officer
52. Animal Shelter Attendant
53. Police Officer
54. Police Trainee
55. Maintenance Worker-WU (part-time)
56. Recreation Assistant (part-time)
57. Recreation Clerk (part time)
58. Police Officer (part-time)
59. Community Services Officer (part-time)
60. Dispatcher (part-time)
61. Fire Fighter (part-time)
62. Assistant Volunteer Fire Chief
63.Any volunteers while performing safety sensitive functions (e.g., volunteer firefighters, etc.)
64.Any other position that may be added by the City Manager after notice to involved employees.
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SEC. 18001 PURPOSE AND GOAL
The City is committed to protecting the safety, health and well being of all employees and other individuals in our workplace. The City recognizes that alcohol abuse and drug use pose a significant threat to these goals and has established a drug free workplace program that balances respect f.or individuals with the need to maintain an alcohol and drug free environment.
• This policy recognizes that employee invol\,<ement with alcohol and other drugs can be very disruptive, adversely affect the quality of work and the perf.ormance of employees, pose serious health risks to users and others, and have a negative impact on producti¥ity and morale.
• The City encourages employees to voluntarily seek help with drug and alcohol problems.
• This policy is intended to comply with all applicable federal and state laws and regulations governing drug free workplaces and drug and alcohol problems. • As a condition of employment, the City requires that all employees adhere to a strict policy regarding the use and possession of drugs and alcohol.
SEC. 18002 POLICY STATEMENT
It is a violation of the City's drug free workplace policy to manufacture, use, possess, distribute, trade, and/or offer f.or sale alcohol, illegal drugs or intoxicants. The drug free workplace policy is intended to apply \AJhenever anyone is representing or conducting business for the City. Therefore, this policy applies during all 'Norking hours, lunch hours and whenever conducting business or representing the City, while on paid standby, on or off City property including vehicles. Any individual who conducts business f.or the City, is applying f.or a position with the City, or is conducting business on the City's property is covered by the drug free workplace policy. The policy includes, but is not limited to City executi11e management, managers, supervisors, full time employees, part time employees, off site employees, contractors, volunteers, interns, and applicants.
Drug and alcohol consumption on and/or off the job can adversely affect job perf.ormance and employee/public safety. The City respects the pri¥acy of its employees and contractors unless invol¥ement with drugs and/or alcohol off the job adversely affects job perf.ormance and employee/public safety.
Violations of this Policy may result in discipline, up to and including termination, or not being hired by the City.
Every employee shall be asked to sign a statement certifying that he/she has received a copy of this policy and understands its contents. /\ny questions regarding rights and obligations under this Policy will be referred to the employee's supervisor or the Human Resources Director.
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SEC. 18003 DEFINITIONS
A. "Alcohol" shall mean the intoxicating agent in beverage alcohol, ethyl alcohol or low molecular \•.<eight alcohols, including methyl or isopropyl alcohol.
B. "Chain of Custody" shall mean procedures to account for the integrity of each specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen at the certified laboratory.
C. "City Equipment" shall mean all property and equipment, machinery, and 1• 1ehicles
owned, leased, retained or used by the City.
D. "Collection Site" shall mean all property and equipment, machinery, and vehicles owned, leased, rented or used by the City.
E. "Drug or Drugs" shall mean any controlled substance that is not legally obtainable under State or Federal law, or a prescription drug obtained or used without benefit of a valid prescription by a licensed physician.
F. "Medical Review Officer (MRO)" shall mean a licensed physician 1.vith knowledge of drug abuse disorders as well as appropriate training to interpret and evaluate an employee's positive test results together \•.1ith an employee's medical history and any other biomedical information. MRO reviews all negative and positive test results and interviews individuals who tested positive to verify the laboratory report before the employer is notified. The City shall select a MRO 1
.vho is a licensed physician.
G. "Prescription Drug" shall mean any substance that can lav.ifully be obtained or possessed pursuant to a valid prescription by a lieensed physician.
H. "Positive Test" shall mean to have the presence of a drug or a drug metabolite and/or alcohol in a person's system that is equal to or greater than the levels allowed by this Poliey in the confirmation test as determined by appropriate testing of breath, urine, or blood specimen and 1
Nhich is determined by the MRO to be the result of the use of drugs and/or alcohol.
I. "Testing Laboratory' shall mean a Substance Abuse and Mental Health Serviees Administration (SAMHSA) certified testing laboratory.
J. "Substance Abuse Professional (SAP)" shall mean a license physician, social worker, psychologist, Employee Assistance Program (EAP) or certified National Association of Aleohol and Drug Abuse Counselors (N/\ADAC) with knowledge of and clinical experienee in diagnosis and treatment of alcohol and eontrolled substanee disorders.
SAP determines whether an employee is "Fit for Duty" following an employee's refusal to test or failed alcohol or drug test, refers employees for a return to duty test and schedules unannounced follow up testing for a period of up to thirty six (36) months from the date the employee tested positive.
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All City employees shall agree to abide by the provisions of this policy as a condition of employment. Employees are required to comply with the follov.·ing:
A. Employees may not use, be under the influence, or possess alcohol under any of the following circumstances: while on City property, 1
Nhile performing their duties
(whether or not on City property), or at any time when use of alcohol 'Nould impair, to any extent, the employee's ability to perform his or her duties or to operate any City equipment.
B. Employees shall not possess, use, sell, transfer, manufacture, purchase or transport any controlled substance or illegal drug or attempt to do so. Employees shall not report to '.4
.iork '.Vith any controlled substance or illegal drugs in their system, except for any prescription drug that has been lawfully prescribed to the employee.
C. An employee must advise his/her supervisor of the use or influence of any prescription drug or over the counter medication prior to beginning work, when taking the medication or drug could interfere with the safe and effecth,•e performance of duties, or the operation of a City vehicle or heavy machinery. In the event that there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician may be required.
D. Employees who are con11icted of a criminal drug violation in the workplace must notify the City in 'Nriting within five (5) calendar days of the con1 1iction. In those instances 1
Nhere employees, who are employed under Federal contract or grant, are convicted of criminal drug statute violations occurring in the workplace, the City shall notify the federal contracting agency 'Nithin ten (10) days after receiving notice from such employees or otherwise recei1
1ing actual notice of such convictions. The City will take appropriate action within thirty (30) days of notification.
E. Every covered employee •;.iho performs a safety sensitive function is required to submit to pre employment, post accident, random, reasonable suspicion, return to duty or follow up drug and alcohol testing as described in this Policy. The City shall not permit any employee who refuses to submit to such tests to perform or continue to perform any safety sensitive functions.
F. Employees are required to submit to drug and/or alcohol testing as described in this Policy. Any employee (safety sensitive or non safety sensitive) who refuses to comply with a request for testing, v.•ho fails to remain readily available for post accident testing, 1
Nho provides false information in connection with a test, or who attempts to falsify test results through tampering, contamination, adulteration, or substitution, shall be remo1
1ed from duty immediately. Refusal can include an inability to provide a specimen or breath alcohol sample without a valid medical explanation, as well as a verbal declaration, obstructive behavior, or physical absence resulting in the inability to conduct the test.
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G. Employees are required to report to ·.vork under conditions that ·.viii allow them to perform the duties of their position safely and effecti•,ely. Absences or tardies as a result of having been under the influence of alcohol, drugs, or controlled substances during non ·••••ork time are prohibited.
SEC. 18005 SAFETY SENSITIVE EMPLOYEES
A Designation under Federal La·N
The U.S. Department of Transportation (DOT) has published 49 Code of Federal Regulations (CFR) Part 29, implementing the Drug Free VVorkplace Act of 1988, which requires the establishment of drug free workplace policies and the reporting of certain drug related offenses to the Federal Transit Administration (FTA). The DOT adopted 49 CFR Part 40 (Re¥ised), which outlines procedures for transportation workplace drug and alcohol testing programs. This Policy incorporates these federal requirements for employees assigned to perform safety sensitive functions, as 'Nell as certain other provisions.
The DOT mandates urine drug testing and breathalyzer alcohol testing for employees performing safety sensitive functions. The DOT regulations prevent the performance of safety sensitive functions 'Nhen there is a positive test result or test refusal.
Safety sensiti¥e functions include:
a. Maintenance personnel, who perform various repairs to revenue vehicles (including repairs, O\'erhaul and rebuilding).
b. Employees with a commercial driver's license who will operate a revenue service, or non revenue service DOT funded transit vehicle (includes the operation of the Lifts or anyone who assists passengers to assure they are secured in the •.•ehicles).
c. Drivers operating a revenue service vehicle, including when not in revenue service.
d. Dispatch personnel and supervisors •.-.,ho control the mo·,ement of any revenue service ·,ehicle.
Federal Contractors and grantees must certify that they 'Nill provide drug free workplaces as a pre condition to receiving a contract or grant from any Federal agency. Failure to comply with the requirements of the Drug Free V\lorkplace Act may result in the following sanctions:
a. Suspension of payments under the grant;
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b. Termination of the grant; or
c. Debarment from any grant award from any Federal agency for a period up to five (5) years.
Such penalties may be applied to contractors/grantees 'Nho have made false certifications of compliance with the Act.
B. Designation under City Policy
For the purpose of this policy, the City has determined that the following positions are safety sensitive and subject to random testing in addition to the other testing in this policy:
1. Those required to test by State or Federal mandates (e*amples: commercial and transit driver license holders).
2. City Manager
3. Human Resources Director
4. Finance Director
5. Community & Economic De\1elopment Director
6. Information Technology Director
7. Information Technology Technician
8. Public 'Narks Director.lCity Engineer
9. Assistant Public \'\Jerks Director
10. Public \/\forks Operations Manager
11. Parks & Recreation Operations Manager
12. Public \f\Jorks Officer Manager
13. Public '/\Jerks Supervisor
14. 'Nater Quality Specialist
15. Fleet Maintenance Coordinator
16. Public VVorks Foreman
17. Public \"Jerks Inspector I
18. Recreation Coordinator II
1 Q. Maintenance Mechanic I
20. Si.tJeeper Operator I
21. Environmental Control Specialist Ill
22. Environmental Control Specialist II
23. Environmental Control Specialist I
24. Environmental Control Specialist Trainee
25. Utilities Maintenance 'Norker Ill
26. Utilities Maintenance \"larker II
27. Utilities Maintenance \f\lorker I
28. Maintenance V\Jorker Ill
2Q. Maintenance V\!orker II
30. Maintenance '•"larker I
31. Maintenance '•"larker Trainee
32. Fire Chief
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33. Assistant Fire Chief
34. Fire Captain
35. Fire Engineer
36. Fire Fighter
37. Police Chief
38. Polioe Commander
39. Polioe Servioes Manager
40. Polioe Sergeant
41. Dispatoh Supervisor
42. Code Enforoement O:ff.ioer
43. Dispatoher
44. Community Servioes Officer
45. Public Safety Custodian
46. Police O:ff.ioer
47. Polioe Trainee
48. Maintenanoe VVorker Ill (part time)
49. Maintenance \'\forker II (part time)
50. Maintenance \'\forker I ( part time)
51. Recreation Assistant (part time)
52. Recreation Clerk (part time)
53. Garage Aid (part time)
54. Polioe O:ff.ioer (part time)
55. Community Ser\'ices O:ff.ioer (part time)
56. Dispatoher (part time)
57. Fire Fighter (part time)
58. Assistant Volunteer Fire Chief
59. Any other position that may be added by the City Manager after notioe to involved employees.
SEC. 18006 INDICATIONS FORALCOHOLAND DRUG TESTING
A. Pre Employment Testing
The City has a special need to require certain job applioants to take a drug and aloohol test after a oonditional job off.er has been given. Those applying for jobs classified by the City as safety sensitive positions, as sv.iorn employees, or in positions whioh can direotly influenoe ohildren; must take and pass a mandatory drug and aloohol test as soon as praotical following their aoceptance of an off.er of employment that is oonditioned upon passing a pre employment physical and drug/ aloohol test.
The City will not hire any external job applioant who refuses to submit to testing, attempts to tamper with or adulterate a test sample, or tests positive for drugs and/or aloohol or unauthorized prescription drug use. In addition, no applicant will be considered for employment for the certain positions described above, for one (1) year from the job applicant's refusal to participate in the testing process, tampering or attempt to tamper with the testing process, or positive test result.
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Tosting for temporary hires will be evaluated on an individual basis by classification.
B. Pre Employment Verification for Safety Sensitive Employees For any position that performs safety sensitive functions, the City is required to verify previous 1
.iiolations of DOT drug and alcohol regulations within the last two (2) years of employment with a DOT regulated agency or employer.
The employee's supervisor, in coordination 'Nith Human Resources Director. must obtain and review the inf.ormation listed below from any DOT regulated employer f.or which the employee performed safety sensitive functions in the previous two (2) years from the date of application. The information must be obtained and reviewed prior to the first time an employee performs safety sensitive functions. If not feasible, the information should be obtained no later than thirty (30) days after the first time an employee performs safety sensitive functions. The information obtained must inelude:
1. Information of the employee's alcohol test in 'Nhich a breath alcohol concentration of 0.04 or greater was indicated.
2. Information of the employee's controlled substance test in •.vhich a positive result was indicated.
3. l\ny refusal to submit to a required alcohol or controlled substance test (including verified adulterated or substituted drug test results);
4. Other violations of DOT agency drug and alcohol testing regulations.
Applicants •Nill be asked i.vhether they have tested positive, or refused to test on a pre employment drug or alcohol test while trying to obtain safety sensitive transportation work from an employer covered by a DOT agency during the past t\•.io (2) years. If an applicant admits that he or she had a positive test or refusal to test or if the City receives information from a prior employer that an employee violated any DOT drug and alcohol testing regulation, the applicant will not be eligible for a position with the City unless the applicant can demonstrate that he or she has complied with any return to duty testing requirements, as established by the DOT regulations. Job offers made by the City are contingent upon the successful completion of a drug and/or alcohol screening.
C. Testing of Employees
The City may require an employee to submit to a drug and/or alcohol sereen test under the folloi.\'ing circumstances:
1. Following a work related accident, ineident or mishap that resulted in death, or injury requiring medical treatment away from the seene of the accident, or property damage, where drug and/or alcohol use by the employee cannot be ruled out as a contributing factor.
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2. VVhen a trained Supervisor has reasonable suspicion to believe, based upon specific and documented facts and observations that the employee may be under the influence of drugs and/or alcohol.
3. VVhen a trained Supervisor has reasonable suspicion to believe, based upon specific and documented facts and observations, that the employee either possesses, uses, sells, transfers, manufactures, purchases or illegally transports alcohol, drugs and/or drug related paraphernalia or attempts to do so.
4. FollrnN up testing for employees who have returned to i.vork following a positive test and their participation in a drug and/or alcohol rehabilitation program.
5. VVhen an on duty employee is contacted by a Police Officer i_,.iho has reasonable suspicion to belie•,e the employee is under the influence of alcohol or drugs or the employee has been involved in an on duty ·,ehicle related incident and the officer suspects the employee is under the influence of drugs and/or alcohol.
6. As part of any random drug testing program administered in accordance with DOT regulations governing drug and alcohol testing of safety sensitive employees. Depending on the random selection, some safety sensitive employees may be tested more than once in a year, while others are not test at all. Testing will take place just prior to the employee performing a safety sensitive function, while the employee is performing a safety sensitive function, or just after the employee has stopped performing a safety sensitive function.
SEC. 18007 DRUG AND ALCOHOL TESTING
A. Reasonable Suspicion Testing
1. Reasonable suspicion testing will be conducted when a supervisor has a reasonable suspicion that an employee is under the influence of drugs and/or alcohol. Reasonable suspicion must be based on specific, contemporaneous, documented observations concerning the physical symptoms or behaviors of being under the influence of drugs and/or alcohol. If conditions permit, the supervisor will request the assistance of another Supervisor to observe the actions or behavior of the employee. Examples of performance indicators of probable drug and/or alcohol abuse sufficient to lead a Supervisor to suspect that an Employee is under the influence of drugs and/or alcohol, include, but are not limited to, those on the attached Reasonable Suspicion Evaluation Form (DIV 18 1), included in this division. The supervisor will allo1 N, upon request, the
employee to consult with a representative prior to the test.
2. The Reasonable Suspicion Evaluation Form and other documentation establishing reasonable suspicion shall be prepared and signed by the 1 Nitness(es) and the supervisor prior to testing. The Human Resourses Director should be notified as soon as possible.
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3. Employee shall be alcohol tested •. .tithin t\No (2) hours f.ollowing the determination made by a supervisor, or otherwise the Employer shall document the reasons the test was not promptly administered. If a test is not administered within eight (8) hours f.ollowing the determination, the Employer shall cease attempts to administer a test and shall document the reasons f.or not administering the test.
4. Employee shall be drug tested within thirty two (32) hours f.ollowing the determination made by a supervisor. If a test is not administered 111ithin thirty two (32) hours f.ollovJing the determination, the Employer shall cease attempts to administer a test and shall document the reasons f.or not administering the test.
5. The potentially affected employee will not be allowed to proceed alone to or from the Collection Site. In addition to the safety concerns f.or the employee, the supervisor accompanying the employee also assures that there is no opportunity en route to the Collection Site f.or the employee to do or ingest anything that could affect the test result, or to acquire "clean" urine from another person.
B. Post Accident Testing
Unless the City determines that the employee's perf.ormance •• .tas not a contributing factor, any employee in\1olved in a reportable accident may be subject to an alcohol test •.vithin PNO (2) hours f.ollo•. .ting the accident and to a drug test within thirty two (32) hours f.ollowing the accident. Not only may the operator of the vehicle be tested, but so may any other employee whose perf.ormance may hm1e contributed to the accident, such as the employee who maintains the vehicle or the work site where the accident occurred.
The same testing procedures described in section abm.ie regarding documentation of any attempts to administer the test and regarding transportation to and from the Collection Site shall also be applicable to any Post Accident testing.
An accident is considered reportable if it occurs while in a City commercial motor vehicle, on City property, or i.vhen operating a commercial motor ·.iehicle on a public road in commerce and involves any of the f.ollowing: a) while perf.orming safety sensitive functions with respect to the vehicle, the accident involved a fatality; or b) the issuance of a citation by la•.v enf.orcement to the employee for a moving traffic violation arising from the accident, and a) bodily injury demanding immediate medical treatment away from the scene of the accident or b) vehicular damage so that the vehicle must be towed a·.vay from the scene of the accident, even after simple repairs on the scene. The operator of the vehicle must immediately report this accident to the appropriate authorities, as well as the City, so that the relevant drug/alcohol tests may be conducted.
C. Return to Duty Testing
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If the City, in its sole discretion, decides to allow a safety sensitive employee to return to work with the City following a violation of any DOT drug and alcohol testing regulation, the employee must comply with the following return to duty testing procedures before returning to 1
.¥ork.
1. The employee shall undergo an evaluation of fitness for duty by the SAP.
2. The employee must complete Return to Duty testing, under the direction of the MRO, after the SAP states the employee is fit to return to •.-.iork.
3. The employee 11,ill then submit to a return to duty test and receive a verified negative test result for drug and/or alcohol use from the MRO before being eligible to return to v,ork by the City.
D. Follow Up Testing
1. Following completion of any return to duty testing procedures described in Section VII.C abo\«e and in conjunction 'Nith a determination by a SAP that an employee is in need of assistance in resol\1ing problems associated with drug and/or alcohol use the employee shall be subject to unannounced follow up testing as directed by the SAP of at least a minimum of six (6) tests in the first year following the employee's return to duty, and thereafter as determined necessary by the SAP. The SAP can terminate the requirement for the follow up testing in excess of the minimum at any time, if the SAP determines that the testing is no longer necessary and is supported by the City.
2. Follow up alcohol testing may also include testing for controlled substance use as directed and determined by the SAP.
3. The time period for "follow up" testing for drug and/or alcohol use will be determined by the SAP subject to a reasonable minimum of one (1) year, and never to exceed three (3) years.
4. Follow up testing may be on a daily, weekly, monthly or longer basis at the discretion of the SAP.
E. Refusal to Submit to Testing
The following are definitions of refusal:
1. Not providing the City a written consent to take the test;
2. The applicant or employee does not supply enough quantity of the laboratory required sample for alcohol or drug testing without sufficient or valid medical explanation;
3. Tampering with a specimen or collection process;
4. Tardiness to reporting Collection Site after time allocated for applieant or employee to report 'Nithout valid explanation;
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5. Leaving the accident scene without justifiable cause before tests are conducted (testing for drugs andlor alcohol after an accident is presumed);
6. Any refusal to test will be considered a violation subject to disqualification for employment and discipline up to and including termination.
SEC. 18008 SEARCHES
For the purpose of enforcing this policy and maintaining an alcohol, drug and controlled substance free 'Nork place, the City reserves the right to search all work areas and property to '.¥hich the City maintains full or joint control 'Nith the employee, including, but not limited to, City vehicles, desks, lockers, file cabinets and booksheli.1es. Such searches may be conducted when the City has reasonable grounds to conclude that there has been a violation of this policy.
The employee shall be given notice prior to such a search in such a manner that the employee is provided knowledge of the intended search, but not the opportunity to remove items and materials present in the area to be searched. The employee may be present during the search, but the employee's presence is not required for the search to occur. If the employee v,.iishes to be present during the search, the employee cannot be denied the opportunity to be present, pro·,ided however, that the City will determine the time of the search with or without the employee's concurrence.
Any search will be conducted in accordance with the Firefighters Bill of Rights (FBOR) where applicable.
SEC. 18009 MEDICATION REPORTING REQUIREMENTS
Employees shall, in the case of prescription drugs, ask the prescribing physician and/or, in the case of medication available over the counter, review product packaging, to determine whether the use of a prescription drug or over the counter medication may impair his/her ability to perform his or hernormal job duties or to safely operate City equipment. Any employee taking any over the counter medication or prescription drug marked "do not drive," "do not operate heavy equipment" or similarly labeled, shall inform the appropriate Supervisor of the use of the medication or drug prior to reporting for duty.
In the case of prescription drugs, the supervisor shall determine 'Nhether the employee may work, full duty or light duty, based on the written opinion of the employee's medical provider that the use of the medication may impair the employee's ability to perform specific duties. The supervisor may, upon a determination that the employee is unable to safely perform his or her normal duties, or that a modified 'Nork assignment is not available, direct the employee not to work and to return home on paid leave or industrial leave if appropriate. If the employee's personal medical provider provides a written opinion that the use of the drug or medication will not impair the employee's ability to perform his/her normal duties, the supervisor will allow the employee to perform those duties.
Notices or communications required by this Section shall be confidential and disclosed only to the supervisor and any other employees specifically authorized to receive information pursuant to this Policy.
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SEC. 18010 GENERAL ADMINISTRATION AND PROCEDURES
A Administration
1. The Human Resources Director or his or her designee is the Designated Employer Representative ("DER") and shall be responsible for overseeing implementation of this Policy and the testing procedures described herein. The Human Resources Director will be responsible for revie•Ning all disciplinary actions resulting from violations of this Policy to ensure that the action proposed or taken is consistent with this Policy and the Manual.
2. The DER shall be responsible for the folloi.¥ing:
a. Communications directly with the MRO and/or SAP and SAMHSA regarding any drug and/or alcohol tests;
b. Overseeing testing programs; and
c. Providing training to supervisors and employees.
B. Procedures
1. Mandatory Reporting.
Any employee who has reason to believe that another employee may be in violation of this Policy shall immediately notify his or her immediate supervisor.
The supervisor should take •.vhatever immediate action is deemed prudent to ensure the safety of the public and employees. Should the supervisor ha•.ie reasonable suspicion to believe, based upon specific and documented facts and observations, that the employee may be under the influence of drugs and/or alcohol, the employee should be immediately removed from the 1.-.iorkplace and placed upon administrative leave with pay until such time as testing results confirm or refute the presence of drugs and/or alcohol. The supervisor shall use the Reasonable Suspicion Evaluation ~orm (DIV 18 1 ), included in this division, to assist in making this determination.
2. Acknowledgement.
No drug and/or alcohol test may be administered, sample obtained, or drug and/or alcohol test be conducted on any sample in the pre employment context without the written acknowledgment of the applicant being tested. (See Form DIV 18 2 included in this division) Refusal of any applicant or employee to submit to testing, or attempt to adulterate or evade the testing process, will be viev..ted as insubordination and will subject the person to disqualification from employment or disciplinary action, up to and including, discharge. The City will pay the cost of all drug and/or alcohol tests required by this Policy.
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3. Collection, Integrity and Identification.
a. After the applicant or employee has been advised about the reason for the test by the Supervisor, the applicant or employee will be properly identified and Collection Site personnel 1.vill explain the mechanics of the collection process.
b. Procedures for urine collection will allov, for individual privacy unless there is reason to believe the individual may alter or substitute the specimen to be provided. Samples •.viii be tested for temperature and subject to other validation procedures as appropriate.
4. Chain of Custody.
a. Procedures for the storage and transportation of test specimens shall conf-orm to the Mandatory Guidelines f-or Federal VV-orkplace Drug Testing Programs promulgated by the Department of Health and Human Services as amended from time to time.
b. The test laboratory shall maintain custody of the specimens.
5. Testing Methods.
All tests will be screened using an immunoassay technique and f-or alcohol an Evidential Breath Testing (EBT) device. All presumptive positive drug tests will be confirmed using gas chromatography/mass speetrometry (GC/MS) and all presumptive positive alcohol tests ·.viii be eonfirmed i.•,ith a second EBT perf-ormed within 15 30 minutes after the first EBT test is completed. The City ·.viii test for cannabinoids (marijuana), cocaine, amphetamines, opiates, barbiturates, benzodiazepines, and phencyclidine (PCP) as well as alcohol.
Tests will seek only information about the presence of drugs and/or alcohol in an individual's system and will not test f-or any medical condition.
6. Notification.
Any employee who tests positive will be notified by the MRO and will be gi>.<en an opportunity to provide the MRO any reasons he or she may have that would explain the positive drug and/or alcohol test, other than the presence of alcohol or the illegal use of drugs. If the employee provides an explanation acceptable to the MRO that the positive drug or alcohol test result is due to factors other than the presence of drugs and/or alcohol in the test specimen, the positive test result will be disregarded and reported to City as negative. Otherwise, the MRO will report the positive test result to the DPM or Human Resources Director. Test results will only be disclosed to the extent expressly authorized by this Policy.
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7. Split Sample Testing.
An employee who has been subjected to drug and/or alcohol screening may request a split sample test be conducted at a certified laboratory chosen by the employee. All costs associated i..vith an employee's decision to pursue split sample testing •.11.iill be the full responsibility of the employee. The employee must adhere to the following procedures to maintain strict Chain of Custody of the sample and validity of the split sample test results:
a. To request a split sample test to be conducted, the employee must submit his or her written request on the required Chain of Custody release form provided by the City's testing laboratory to the DER.
b. The request 'Nill be forv.1arded to the testing laboratory used by the City facility. They will release the split sample to the certified lab chosen by the employee provided they have received the properly executed Chain of Custody release form.
c. The laboratory selected by the employee must be a certified laboratory per State regulations and authority and be able to conduct GC/MS method of testing for validation of testing results. Any method of testing performed on the split sample that is not the GC!MS method will be considered invalid. d. The split sample test results ·.viii not be released to the City without the employee's written consent.
SEC. 18011 CONFIDENTIALITYAND RECORDKEEPING
The City is obligated to maintain records of the administration, including ·.iiolations, of this Policy for a period of five (5) years. Through the consortium pool, an annual report summarizing this information will be issued.
Any laboratory reports and test results shall not appear in an employee's general personnel folder but 'Nill be contained in a separate, confidential medical folder that will be securely kept under the control of the Human Resources Director. The report or test results may be disclosed to City management on a strictly need to know basis and to the tested employee upon request. Disclosures, •.vithout patient consent, may also occur under the following situations:
A 'Nhen the information is compelled by law or by judicial or administrative process; B. VVhen the information has been placed at issue in a formal dispute between the employer and employee;
C. When the information is to be used in administering an employee benefit plan; Drug and Alcohol Free Workplace Policy
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D. 'Nhen the information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure; or E. \/\/hen requested by the Department of Transportation or any state or local officials with regulatory authority over the City or any of its saf-ety sensitive employees.
SEC. 18012 OPPORTUNITIES FOR REHABILITATION
The City is committed to providing reasonable opportunities of rehabilitation to those employees 'A1ith a drug or alcohol problem in accordance with the provisions of f-ederal andlor state law.
An employee 11.iho has a drug and.for alcohol abuse problem and has not been selected for reasonable cause, random or post accident testing or has not refused a drug or alcohol test or is not invol1•
1ed in disciplinary proceedings, may voluntarily refer her or himself to the Human Resources Director, ',¥ho will refer the individual to a Substance Abuse Professional (Si\P) at the expense of the employee. The SAP will evaluate the employee and make specific recommendation regarding the appropriate treatment. V'Jhen an employee voluntarily ref-ers her or himself for treatment, the employee may be eligible for sick leave and disability benefits.
Employees ·.viii be allowed to take accumulated vacation time or may be eligible for unpaid time off to participate in any rehabilitation program at the employee's expense. In addition, the City's voluntary Employee Assistance Program (EAP) is available to assist employees who seek help for alcohol or drug problems. Employees are encouraged to contact the E.A,P directly.
Supervisors or managers may refer an employee to the EAP for reasonable suspicion of drug abuse. Supervisors are encouraged to refer employees to the E.A,P for intervention. EAP services are confidential and supervisory referred employees are requested to sign a release of information for attendance purposes if sessions are scheduled during 'Norking hours.
Supervisors or managers should work with Human Resources to coordinate employee referrals to the EAP.
VVhile the City will be supportive of those who seek help voluntarily, the City v1ill be firm in identifying and disciplining those who continue to be substance abusers and who do not seek help or continue substance abuse e'1en while enrolled in counseling or rehabilitation programs. Therefore, the City may require employees to use employee assistance programs as part of a last chance agreement, and in addition to mandatory ref-errals to a Substance Abuse Prof-essional where applicable and permissible by law.
SEC. 18013 CONSEQUENCES FORVIOL/\TION OF THIS POLICY
A Discipline
Any violation of this Policy may result in discipline, up to and including termination.
Discipline may be imposed regardless of whether or not an employee is convicted of any crime related to any violation of this Policy.
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Any violation of this Policy that may constitute criminal conduct or violation of the DOT regulations may be reported to the appropriate lav.1 enforcement agencies andl-or subject the employee to civil penalties.
B. Removal from VV-ork Site
Employees reasonably belie1,,1ed to be under the influence of alcohol, drugs, or controlled substances shall be immediately prevented from engaging in further ',\'Ork and shall be detained for a reasonable time until they can be safely transported from the 'Nork site.
C. Remo11al from Safety Sensitive Function
An employee whose alcohol test indicates an alcohol concentration level betv.ieen .02 and .04 will be remo'1ed from his/her saf.ety sensiti¥e position for at least t\\1enty four (24) hours. An employee whose alcohol test indicates an alcohol concentration le'1el greater than .04 'Nill be removed from his or her saf.ety sensiti',e position for a period to be determined by the Human Resources Director.
If an employee tests positive for drugs or controlled substances, the employee may not perform safety sensitive functions until satisfying the following requirements:
a. The employee must be retested and receive a verified negative result; and b. V\Jhen ref.erred to a SAP, the employee must complete any course of rehabilitation and submit to a return to duty test, as developed with the assistance of the SAP.
Subject to any provisions in a collecfr,e bargaining agreement pro'1iding otherwise, the City is not required to pay for this type of treatment.
D. Separation for Inability to Perform Essential Job Functions After the City has complied 1
Nith any legal obligation to reasonably accommodate an
employee's protected disability, the City may separate an employee who is unable to perform the essential functions of the job in accordance with applicable legal procedures.
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DRUG AND ALCOHOL TESTING POLICY
REASONABLE SUSPICION EVALUATION FORM
(FORM DIV 18 1)
Employee Name:
Obseri.1ation Date and Time:
Location of Employee:
Location of Supervisor(s):
Others present during activities or observations:
lncident(s) observed which give cause for reasonable suspicion:
(Factors that may be considered in combination 1
A<ith those listed in 1 6 belm,11 include:
takes needless risks, accident(s), disregard for others safety, unusual/distinct pattern of absenteeism/tardiness, increased high/low periods of productivity, lapses of concentration or judgment, etc.)
1. Presence of alcohol, alcohol containers, drugs, and/or drug paraphernalia (specify):
2. Appearance:
Flushed
_ Bloodshot/Glassy Eyes
_ Inappropriate
Tremors
Disheveled
Smell of Alcohol
_ Dilated/Constricted Pupils _ Inappropriate VVearing of Sunglasses _ Dry mouth Symptoms _ Runny Nose/Sores
Puncture Marks _ Profuse Sv,eating
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3. Behavior/Speech:
Incoherent
Confused
4. Awareness:
Confused
_ Lethargic
5. Motor Skills/Balance:
_ Unsteady
_ Staggering
Slurred
Slmved
_ Sleeping on the job
_ Mood Swings
Paranoid
Swaying
_Stumbling
Updated: March 7, 2012
Unconscious
Hostile/Confrontation
_Euphoric
Disoriented
_Falling
_ Reaching f-or Support
6. Other observed Actions or Behaviors:
Supervisor's Comments:
Supervisors Name:
Signature: Date:
V'Jitness(es) Name:
Signature:_______ _____ Date:
DRUG AND ALCOHOL POLICY
ACKNOWLEDGEMENT OF SUBMISSION TO DRUG AND/OR ALCOHOL TESTING 8¥
THE CITY OF LOS SANOS
(FORM DIV 18 2)
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I understand and acknowledge that I have revie'l111ed a copy of the City of Los Banos Drug and Alcohol Policy (Policy). I hereby ackno¥.iledge that I am required to submit to drug and/.or alcohol testing pursuant to the Policy. I understand and acknowledge that information regarding the test results will be released to the City and that such information may be used as grounds for disciplinary action, up to and including discharge.
I further understand and acknowledge that:
1. The City will pay the cost of all drug andJor alcohol tests required or requested by the ~
2. I may request in writing a copy of the results of any such test;
3. I may request that a split sample test be sent to a certified Testing Laboratory of my choice, consistent with the procedures outlined in the City's Drug and Alcohol Policy, and that I will bear all of the costs associated with the split sample testing;
4. By signing this form, I hereby acknowledge that the split sample test results •.viii be released to the City; and
5. I have the right to refuse to submit to such testing; however, refusal by me to submit to or cooperate at any stage of the testing shall be considered equivalent to a confirmed "posifr1e" test for purposes of disqualification from employment andJor disciplinary action, up to and including discharge from my employment with the City.
6. I may also be required to e:Kecute forms at the Collection Site of Testing Laboratory. 'Nith full understanding and knowledge of the foregoing, I hereby acknowledge my obligation to submit to drug andJor alcohol testing conducted by the clinics andJor Testing Laboratory selected by the City.
I have read the above acknowledgement and certify that I have signed this document with full knowledge and understanding of its contents.
Signature of Employee
Print Full Name of Employee
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DIVISION 29
BLOODBORNEPATHOGENS
Updated: March 7, 2012
SEC. 19001 i 9001 PURPOSE
The purpose of this Division is to establish, implement and maintain an Exposure Control Plan as required by the bloodborne pathogens regulation set forth in California Code of Regulations, Title 8 (8 CCRt, Section 5193. This Policy describes the general requirements of the City of Los Banos' Bloodborne Pathogen Policy and provides the Exposure Control Plan and information on which job classifications are eligible for a Hepatitis B vaccination.
SEC. 19002 i 9002 AUTHORITY
Title 29 Code of Federal Regulations, Section 1910.1030 and California Code of Regulations, Title 8, Section 5193.
SEC. 19003 i 9003 DEFINITIONS
A. "Blood"- means human blood, human blood components, and products made from human blood.
B. "Bloodborne Pathogens"- means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, Hepatitis B virus (HBV), Hepatitis C virus (HCV) and Human Immunodeficiency Virus (HIV).
C. "Body fluids"- include ALL body fluids and tissue that may potentially harbor contagious microorganisms. Blood and body fluids include but are not limited to the following:
D.
E.
F.
Amniotic fluid Blood Body tissues
Breast milk Cerebrospinal fluid Feces
Nasal secretions Non-intact skin Pericardia! fluid
Peritoneal fluid Pleural fluid Semen
Sputum Synovial fluid Urine
Vaginal secretions Vomitus Wound drainage
(Any substance with visible evidence of blood)
"Contaminated"- means the presence, or the reasonably anticipated presence, of blood or other potentially infectious materials on a surface or an item. "Contaminated Laundry" means laundry which has been soiled with blood or other potentially infectious materials or may contain sharps. "Decontamination"- means the use of physical or chemical means to remove, inactivate, or destroy bloodborne pathogens on a surface or item to the point where Bloodborne Pathogens
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they are no longer capable of transmitting infectious particles and the surface of the item is rendered safe for handling, use, or disposal. Decontamination includes procedures regulated by Health and Safety Code Section 118275.
G. "Engineering Controls" means controls (e.g., sharps disposal containers, needleless systems and sharps with engineered sharps injury protection) that isolate or remove the bloodborne pathogens hazard from the workplace.
H. "Engineered Sharps Injury Protection" means either:
1. A physical attribute built into a needle device used for withdrawing body fluids, accessing a vein or artery, or administering medications or other fluids, which effectively reduces the risk of an exposure incident by a mechanism such as barrier creation, blunting, encapsulation, withdrawal or other effective mechanisms; or
2. A physical attribute built into any other type of needle device, or into a nonneedle sharp, which effectively reduces the risk of an exposure incident.
I. "Exposure Incident" means a specific eye, mouth, other mucous membrane, nonintact skin, or parenteral contact with blood or other potentially infectious materials that results from the performance of an employee's duties. ~J- "Handwashing Facilities" means a facility providing an adequate supply of running potable water, soap and single use towels or hot air drying machines.
K. "Needle" or "Needle Device" means a needle of any type, including, but not limited to, solid and hollow-bore needles.
L. "Needleless System" means a device that does not utilize needles for:
1. The withdrawal of body fluids after initial venous or arterial access is established:
2. The administration of medication or fluids; and
3. Any other procedure involving the potential for an exposure incident.
M. "Occupational Exposure"- means reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee's duties.
GN. "Other Potentially Infectious Materials ("OPIM")" - means~ (1) The following human body fluids: semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardia! fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any other body fluid that is visibly contaminated with blood such as saliva or vomitus, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids such as emergency response; (2) Any unfixed tissue or organ (other than intact skin) from a human (living or dead); and (3) Cell, tissue, or organ cultures from humans or experimental animals that likely contain or are infected with HIV, HBV, or HCV,;_.
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-1=40 . "Parenteral Contact"- means piercing mucous membranes or the skin barrier through such events as needle sticks, human bites, cuts and abrasions.
IP. "Personal Protective Equipment" is specialized clothing or equipment worn or used by an employee for protection against a hazard. General work clothes (e.g., uniforms, pants, shirts or blouses) not intended to function as protection against a hazard are not considered to be personal protective equipment.
Q. "Regulated Waste" means waste that is any of the following:
1. Liquid or semi-liquid blood or OPIM:
2. Contaminated items that:
a. Contain liquid or semi-liquid blood, or are caked with dried blood or OPIM; and
b. Are capable of releasing these materials when handled or compressed.
3. Contaminated sharps.
4. Pathological and microbiological wastes containing blood or OPIM.
R. "Sharp"- means any object used or encountered that can be reasonably anticipated to penetrate the skin or any other part of the body, and to result in an exposure incident, including but not limited to, needle devices, lancets, scalpels, and broken glass.
JS. "Sharps Injury" - means any injury caused by a sharp, including, but not limited to, cuts, abrasions, or needlesticks.
KI- "Sharps Injury Log" - means a written or electronic record satisfying the requirements set forth in Section 19011.2 and attached as Form 19-2. bU. "Source Individual" - means any individual, living or dead, whose blood or other potentially infectious material may be a source of occupational exposure to the employee.
MV. "Universal Precautions" - is an approach to infection control. According to the concept of Universal Precautions, all human blood and certain human body fluids are treated as if known to be infectious for HIV, HBV, HCV, and other bloodborne pathogens.
NW. "Work Practice Controls" - means controls that reduce the likelihood of exposure by defining the manner in which a task is performed.
SEC. 19004 ~9004 PROGRAM ADMINISTRATION
A RESPONSIBILITIES
1. Department Heads shall:
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a. Ensure that the Bloodborne Pathogen Policy is implemented. The Department Head has the authority to delegate any or all portions of this Policy to subordinates, but the Department Head will be held responsible for compliance.
b. Coordinate the evaluation of the effectiveness of the Exposure Control Plan annually. This evaluation shall include obtaining input from those front-line employees that are likely to be exposed to bloodborne pathogens.
2. Supervisors shall:
a. Implement the Bloodborne Pathogen Policy;
b. Immediately report all exposure events to the Human Resources Director; c. Provide personal protective equipment to employees occupationally exposed to bloodborne pathogens;
d. Investigate all exposure events to bloodborne pathogens; e. Maintain the Sharps Injury Log. The Sharps Injury Log must be kept five (5) years from the date the exposure incident occurred. Records of training required by Section 5193 are required to be retained for three (3) years from the date of training. Medical records must be kept for the duration of employment plus thirty (30) years.
3. Employees shall:
a. Immediately report all incidents of bloodborne pathogen exposure; b. Utilize all personal protective equipment issued for protection against bloodborne pathogens;
c. Comply with safety directive set forth below;
d. Attend trainings as assigned;
A. ORGANIZATION
The Exposure Control Plan contains the following elements:
1. Exposure determination.
2. Schedule and method of implementation.
a. Methods of compliance.
b. Hepatitis B vaccination and post-exposure follow-up. c. Communication of hazards to employees.
d. Recordkeeping.
3. Provisions for the initial reporting of exposure incidents
4. Effective procedures for:
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a. Evaluating the circumstances surrounding exposure incidents. b. Work practice controls.
c. Procedure for gathering information required by the Sharps Injury Log.
SEC. 19005 ~9005 EXPOSURE DETERMINATION
The City of Los Banos has identified categories of employees who have occupational exposure to bloodborne pathogens. Category I classifications are those classifications in which employees, as a result of their employment, may have day-to-day exposure with blood or other potentially infectious materials. Category II classifications are those classifications in which employees, as a result of their employment, have the possibility of coming into contact with blood or other potentially infectious materials.
Category I
Fire Fighter
Fire Engineer
Fire Captain
Battalion Chief
Fire Chief
Public Safety Custodian
Police Community Services Officer
Police Property Evidence Technician
Police Dispatcher
Police Officer
Police Sergeant
Police Commander
Police Chief
Police Services Manager
Wastewater Treatment Plant Personnel
Category II
Public Works Foreman
Equipment Operator
Maintenance Worker 1/11/111
Maintenance Supervisor
Code Enforcement Officer
SEC. 19006 ~9006 SCHEDULE OF IMPLEMENTATION
A. THE SCHEDULE OF IMPLEMENTATION IS AS FOLLOWS:
1. Hepatitis B vaccinations were implemented beginning in 2001 .
2. Update of program is to be implemented by the Human Resources Director, and annually thereafter.
SEC. 19007~9007 METHODS OF COMPLIANCE
A. UNIVERSAL PRECAUTIONS
All employees shall utilize universal precautions.
1. Universal precautions shall be observed to prevent contact with blood or other potentially infectious materials. Universal Precautions is an approach whereby Bloodborne Pathogens
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all human blood and certain human body fluids as well as instruments, environmental surfaces, materials, and other articles with the potential to be contaminated with blood or other potentially infectious materials shall be treated as if they are infectious. Under circumstances in which differentiation between body fluid types is difficult or impossible. all body fluids shall be considered potentially infectious materials. By making this assumption, employees will stringently avoid all contact with blood and other potentially infectious materials by following standard safety precautions, use of proper safety controls, and wearing the appropriate personal protective equipment.
2. Employees covered by the bloodborne pathogens standard will receive an explanation of this Exposure Control Plan during their initial training session. It will also be reviewed in their annual training. All employees can review this plan at any time by contacting the Director of Human Resources. If requested, the City of Los Banos will provide an employee with a copy of the Exposure Control Plan free of charge and within fifteen (15) days of the request.
3. Engineering controls and work practice controls will be used to prevent or minimize employee exposure to bloodborne pathogens. Where occupational exposure remains after institution of these controls, personal protective equipment shall also be used.
4. Engineering controls shall be examined and maintained or replaced on a regular schedule to ensure their effectiveness.
5. The City of Los Banos shall provide hand-washing facilities, which are readily accessible to employees.
6. When the provision of hand-washing facilities is not feasible, the City of Los Banos shall provide either an appropriate antiseptic hand cleaner in conjunction with clean cloth/paper towels or antiseptic towelettes. When antiseptic hand cleaners or towelettes are used, hands shall be washed with soap and running water as soon as feasible.
7. Employees shall wash their hands immediately or as soon as feasible after removal of gloves or other personal protective equipment.
8. Employees shall wash hands and any other skin with soap and water, or flush mucous membranes with water immediately or as soon as feasible following contact of such body areas with blood or other potentially infectious materials.
9. Contaminated needles and other contaminated sharps shall not be bent, recapped, or removed unless no alternative is feasible and then such recapping or needle removal must be accomplished through the use of a mechanical device or a one-handed technique.
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1 a. Immediately or as soon as possible after use, contaminated reusable sharps shall be placed in appropriate containers until properly reprocessed. Containers shall be puncture resistant, labeled in accordance with this plan, and leak proof on the sides and bottom.
11 . Eating, drinking, smoking, applying cosmetics or lip balm, and handling contact lenses are prohibited in work areas where there is a reasonable likelihood of occupational exposure.
12. Food and drink shall not be kept in refrigerators, freezers, shelves, and cabinets or on countertops or bench tops where blood or other potentially infectious materials are present.
13. All procedures involving blood or other potentially infectious materials shall be performed in such a manner as to minimize splashing, spraying, spattering, and generating droplets of these substances.
14. Mouth pipetting/suctioning of blood or other potentially infectious materials is prohibited.
15. The worksite shall be maintained in a clean and sanitary condition. Each department shall determine and implement an appropriate written schedule for cleaning and method of decontamination based upon the location within the facility, type of surface to be cleaned, type of soil present, and tasks or procedures being performed in the area. Additional housekeeping measures will be implemented:
a. All equipment and working surfaces will be decontaminated immediately after contact with blood or other potentially infectious materials. b. Contaminated work surfaces shall be decontaminated with an appropriate disinfectant after completion of procedures; immediately or as soon as feasible when surfaces are overtly contaminated or after any spill of blood or other potentially infectious materials; and at the end of the work shift if the surface may have become contaminated since the last cleaning. c. Employees must wear latex gloves during the clean up of contaminated surfaces.
d. Material that is contaminated and wet (i.e. paper towels, gloves, bandages, gauze, etc.) should be disposed of in a biohazard bag.
e. Departments may set up collection points within their facility for disposal of material.
f. Protective coverings, such as plastic wrap, aluminum foil, or imperviouslybacked absorbent paper used to cover equipment and environmental Bloodborne Pathogens
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surfaces, shall be removed and replaced as soon as feasible when they become overtly contaminated or at the end of the work shift if they may become contaminated during the shift.
g. Broken glassware, which may be contaminated, shall not be picked up directly with the hands. It shall be cleaned up using mechanical means, such as a brush and dustpan, tongs, or forceps.
h. Reusable sharps that are contaminated with blood or other potentially infectious materials shall not be stored or processed in a manner that requires employees to reach by hand into the containers where these sharps have been placed.
i. During use, containers for contaminated sharps shall be easily accessible to personnel and located as close as is feasible to the immediate area where sharps are used or can be reasonably anticipated to be found; maintained upright throughout use; and replaced routinely and not be allowed to overfill. j. When moving containers of contaminated sharps from the area of use, the containers shall be:
1) Closed immediately prior to removal or replacement to prevent spillage or protrusion of contents during handling, storage, transport or shipping; 2) If leakage is possible, placed in a secondary container that is closable, constructed to contain all contents and prevent leakage during handling, storage, transport, or shipping, and labeled and color-coded according to this plan.
3) Reusable containers shall not be opened; emptied, or cleaned manually or in any other manner, which would expose employees to the risk of percutaneous injury.
4) All bins, pails, cans, and similar receptacles intended for reuse, which have a reasonable likelihood for becoming contaminated with blood or other potentially infectious materials, will be inspected and decontaminated on a regularly scheduled basis and cleaned and decontaminated immediately upon visible contamination.
5) Regulated Waste Regulated Waste is liquid or semi liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; contaminated sharps; and pathological and microbiological wastes containing blood or other potential infectious materials. The following containerization procedures are mandatory Bloodborne Pathogens
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under the Bloodborne Pathogen Standard, 8 CCR §5193 and seek to reduce the likelihood of exposure.
6) All regulated waste from the facilities shall be handled, stored, treated, and disposed of in accord with the Medical Waste Management Act, Division 104, Part 14 of the California Health and Safety Code, section 117600 through 118360, and all other applicable regulations. 7) Specimens of blood or other potentially infectious materials shall be placed in rigid, puncture-resistant containers which prevent leakage during collection, handling, processing, storage, transport, or shipping. 8) Any container carrying specimens of blood or other potentially infectious materials must be closed prior to being stored, transported, or shipped.
Containers for storage, transport, or shipping of blood or other potentially infectious material will be labeled with the "Biohazard" label and shall be easily accessible to employees and located as close as feasible to the immediate area where the sharps are used or can be reasonably anticipated to be found.
Containers carrying either blood or other potentially infectious material shall be replaced as needed to prevent overfilling.
4:-~lf outside contamination of the regulated waste container occurs, it shall be placed in a second container. The second container shall be: a) labeled and color-coded in accordance with this plan; and b) closed prior to removal to prevent spillage or protrusion of contents during handling, storage, transport, or shipping.
B. NEEDLELESS SYSTEMS, NEEDLE DEVICES AND NON-NEEDLE SHARPS.
L Needleless Systems. Needleless systems shall be used for:
~ Withdrawal of body fluids after initial venous or arterial access is established:
!L Administration of medications or fluids: and
~ Any other procedure involving the potential for an exposure incident for which a needleless system is available as an alternative to the use of needle devices.
b- Needle Devices. If needleless systems are not used, needles with engineered sharps injury protection shall be used for:
~ Withdrawal of body fluids:
!L Accessing a vein or artery:
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~ Administration of medications or fluids; and
~ Any other procedure involving the potential for an exposure incident for which a needle device with engineered sharps injury protection is available. ~ Non-Needle Sharps. If sharps other than needle devices are used, these items shall include engineered sharps injury protection.
~ Exceptions. The following exceptions apply to the engineering controls:
~ Market Availability. The engineering control is not required if it is not available in the marketplace.
~ Patient Safety. The engineering control is not required if a licensed healthcare professional directly involved in a patient's care determines, in the reasonable exercise of clinical judgement, that use of the engineering control will jeopardize the patient's safety or the success of a medical, dental or nursing procedure involving the patient. The determination shall be documented according to the City's recordkeepinq procedure. ~ Safety Performance. The engineering control is not required if the employer can demonstrate by means of objective product evaluation criteria that the engineering control is not more effective in preventing exposure incidents than the alternative used by the employer.
~ Availability of Safety Performance Information. The engineering control is not required if the employer can demonstrate that reasonably specific and reliable information is not available on the safety performance of the engineering control for the employer's procedures, and that the employer is actively determining by means of objective product evaluation criteria whether use of the engineering control will reduce the risk of exposure incidents occurring in the employer's workplace.
5. Prohibited Practices.
a. Shearing or breaking of contaminated needles and other contaminated sharps is prohibited.
b. Contaminated sharps shall not be bent. recapped, or removed from devices.
EXCEPTION: Contaminated sharps may be bent, recapped or removed from devices if: a. The employer can demonstrate that no alternative is feasible or that such action is required by a specific medical or dental procedure: and b.
The procedure is performed using a mechanical device or a one-handed technique.
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c. Sharps that are contaminated with blood or OPIM shall not be stored or processed in a manner that requires employees to reach by hand into the containers where these sharps have been placed.
d. Disposable sharps shall not be reused.
e. Broken Glassware. Broken glassware which may be contaminated shall not be picked up directly with the hands. It shall be cleaned up using mechanical means, such as a brush and dust pan, tongs, or forceps. f. The contents of sharps containers shall not be accessed unless properly reprocessed or decontaminated.
g. Sharps containers shall not be opened, emptied, or cleaned manually or in any other manner which would expose employees to the risk of sharps injury. h. Mouth pipetting/suctioning of blood or OPIM is prohibited. i. Eating, drinking, smoking, applying cosmetics or lip balm, and handling contact lenses are prohibited in work areas where there is a reasonable likelihood of occupational exposure.
j. Food and drink shall not be kept in refrigerators, freezers, shelves, cabinets or on countertops or benchtops where blood or OPIM are present.
6. Requirements for Handling Contaminated Sharps.
a. All procedures involving the use of sharps in connection with patient care, such as withdrawing body fluids, accessing a vein or artery, or administering vaccines, medications or fluids, shall be performed using effective patienthandling techniques and other methods designed to minimize the risk of a sharps injury.
b. Immediately or as soon as possible after use, contaminated sharps shall be placed in containers meeting the requirements of subsection (d)(3)(D) as applicable.
c. At all times during the use of sharps, containers for contaminated sharps shall be:
i. Easily accessible to personnel and located as close as is feasible to the immediate area where sharps are used or can be reasonably anticipated to be found (e.g., laundries);
ii. Maintained upright throughout use, where feasible; and iii. Replaced as necessary to avoid overfilling.
d. Sharps Containers for Contaminated Sharps.
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i. All sharps containers for contaminated sharps shall be rigid, puncture resistant, leakproof on the sides and bottom: portable, if portability is necessary to ensure easy access by the user: and labeled. ii. If discarded sharps are not to be reused , the sharps container shall also be closeable and sealable so that when sealed, the container is leak resistant and incapable of being reopened without great difficulty .
7. Regulated Waste.
a. General. Handling, storage, treatment and disposal of all regulated waste shall be in accordance with Health and Safety Code Chapter 6. 1. Sections 117600 through 118360, and other applicable regulations of the United States. the State, and political subdivisions of the State. b. Disposal of Sharps Containers. When any container of contaminated sharps is moved from the area of use for the purpose of disposal. the container shall be:
i. Closed immediately prior to removal or replacement to prevent spillage or protrusion of contents during handling, storage, transport, or shipping:
and
ii. Placed in a secondary container if leakage is possible. The second container shall be:
1) Closable;
2) Constructed to contain all contents and prevent leakage dur8ing handling, storage, transport. or shipping: and
3) Labeled according to subsection (g)(1 )(A) of this section. c. Disposal of Other Regulated Waste. Regulated waste not consisting of sharps shall be disposed of in containers which are:
i. Closable;
ii. Constructed to contain all contents and prevent leakage during handling, storage, transport, or shipping:
iii. Labeled and color-coded in accordance with subsection (g)( 1 )(A) of this section:and
iv. Closed prior to removal to prevent spillage or protrusion of contents during handling, storage, transport, or shipping.
d. Outside Contamination. If outside contamination of a container of regulated waste occurs, it shall be placed in a second container. The second container Bloodborne Pathogens
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shall be:
i. Closable.
ii. Constructed to contain all contents and prevent leakage of fluids during handling, storage, transport or shipping:
iii. Labeled and color-coded in accordance with subsection (g)(1 )(A) of this section;and
iv. Closed prior to removal to prevent spillage or protrusion of contents during handling, storage, transport, or shipping.
C. HANDLING SPECIMENS OF BLOOD OR OPIM.
1. Specimens of blood or OPIM shall be placed in a container which prevents leakage during collection, handling, processing, storage, transport, or shipping. a. The container for storage, transport, or shipping shall be labeled or colorcoded according to subsection (g)(1 )(A), and closed prior to being stored , transported, or shipped. When a facility utilizes Universal Precautions in the handling of all specimens. the labeling/color-coding of specimens is not necessary provided containers are recognizable as containing specimens.
This exemption only applies while such specimens/containers remain within the facility. Labeling or color-coding in accordance with subsection (g)(1 )(A) is required when such specimens/ containers leave the facility.
3. . If outside contamination of the primary container occurs, the primary container shall be placed within a second container which prevents leakage during collection, handling, processing, storage, transport. or shipping and is labeled or color-coded to the requirements of this standard.
M. If the specimen could puncture the primary container. the primary container shall be placed within a secondary container which is punctureresistant in addition to the above characteristics.
D. SERVICING OR SHIPPING CONTAMINATED EQUIPMENT.
Equipment which may become contaminated with blood or OPIM shall be examined prior to servicing or shipping and shall be decontaminated as necessary, unless the employer can demonstrate that decontamination of such equipment or portions of such equipment is not feasible or will interfere with a manufacturer's ability to evaluate failure of the device.
1. A readily observable label in accordance with subsection (g)(1 ){A)8. shall be attached to the equipment stating which portions remain contaminated.
J-:- 2. Information concerning all remaining contamination shall be conveyed to all affected employees, the servicing representative. and/or the manufacturer, as Bloodborne Pathogens
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appropriate, prior to handling, servicing, or shipping so that appropriate precautions will be taken.
E. CLEANING AND DECONTAMINATION OF THE WORKSITE.
1. General Requirements.
a. Employers shall ensure that the worksite is maintained in a clean and sanitary condition.
b. Employers shall determine and implement appropriate written methods and schedules for cleaning and decontamination of the worksite. c. The method of cleaning or decontamination used shall be effective and shall be appropriate for the:
i. Location within the facility:
ii. Type of surface or equipment to be treated:
iii. Type of soil or contamination present: and
iv. Tasks or procedures being performed in the area.
d. All equipment and environmental and work surfaces shall be cleaned and decontaminated after contact with blood or OPIM no later than at the end of the shift. Cleaning and decontamination of equipment and work surfaces is required more often as specified below.
2. Specific Requirements.
a. Contaminated Work Surfaces. Contaminated work surfaces shall be cleaned and decontaminated with an appropriate disinfectant immediately or as soon as feasible when:
i. Surfaces become overtly contaminated:
ii. There is a spill of blood or OPIM;
iii. Procedures are completed: and
iv. At the end of the work shift if the surface may have become contaminated since the last cleaning.
b. Receptacles. All bins, pails, cans, and similar receptacles intended for reuse which have a reasonable likelihood for becoming contaminated with blood or OPIM shall be inspected and decontaminated on a regularly scheduled basis and cleaned and decontaminated immediately or as soon as feasible upon visible contamination.
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4:- c. Protective Coverings. Protective coverings, such as plastic wrap. aluminum foil. or imperviously-backed absorbent paper used to cover equipment and environmental surfaces, shall be removed and replaced as soon as feasible when they become overtly contaminated or at the end of the workshift if they may have become contaminated during the shift.
F. HYGIENE.
&.- L Employers shall provide handwashing facilities which are readily accessible to employees.
e-:- b.- When provision of handwashing facilities is not feasible, the employer shall provide either an appropriate antiseptic hand cleanser in conjunction with clean cloth/paper towels or antiseptic towelettes. When antiseptic hand cleansers or towelettes are used, hands shall be washed with soap and running water as soon as feasible.
~ Employers shall ensure that employees wash their hands immediately or as soon as feasible after removal of gloves or other personal protective equipment. ~ Employers shall ensure that employees wash hands and any other skin with soap and water, or flush mucous membranes with water immediately or as soon as feasible following contact of such body areas with blood or OPIM.
G. PERSONAL PROTECTIVE EQUIPMENT
Personal Protective Equipment is specialized clothing or equipment worn by an employee for protection against a hazard. General Work clothes not intended to function as protection against a hazard are not considered to be personal protective equipment.
1. When there is occupational exposure, the City of Los Banos shall provide, at no cost to the employee, appropriate personal protective equipment such as, gloves, gowns, laboratory coats, face shields or masks and eye protection, mouthpieces, resuscitation bags, pocket masks, or other ventilation devices.
Personal protective equipment will be considered "appropriate" only if it does not permit blood or other potentially infectious materials to pass through to or reach the employee's work clothes, street clothes, undergarments, skin, eyes, mouth, or other mucous membranes under normal conditions of use and for the duration of time which the protective equipment will be used.
2. Employees shall use appropriate personal protective equipment unless under rare and extraordinary circumstances, it was the employee's professional judgment that in the specific instance its use would have prevented the delivery of public safety services or would have posed an increased hazard to the safety of the employee. When an employee makes this judgment, the circumstances will be investigated and documented on the Incident Investigation form in order Bloodborne Pathogens
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to determine whether changes can be instituted to prevent such occurrences in the future.
3. The City of Los Banos shall ensure that appropriate personal protective equipment in the appropriate sizes is readily accessible at the worksite or is issued to employees. Hypoallergenic gloves, glove liners, powderless gloves, or other similar alternatives shall be readily accessible to those employees who are allergic to the gloves normally provided.
4. The City of Los Banos shall repair or replace personal protective equipment as needed to maintain its effectiveness, at no cost to the employee.
5. The City shall clean. launder, and dispose of personal protective equipment required by subsections (d) and (e) of this standard . at no cost to the employee.
6. If a garment is penetrated by blood or other potentially infectious materials, the garment shall be removed immediately or as soon as feasible.
7. All personal protective equipment shall be removed prior to leaving the work area.
8. When personal protective equipment is removed, it shall be placed in an appropriately designated area or container for storage, washing, decontamination or disposal.
~iL_ Gloves shall be worn when it can be reasonably anticipated that the employee may have had contact with blood, other potentially infectious materials, mucous membranes, and non-intact skin; when performing vascular access procedures and when handling or touching contaminated items or surfaces.
a. Disposal (single use) gloves such as surgical or examination gloves shall be replaced as soon as practical when contaminated or as soon as feasible if they are torn, punctured, or when their ability to function as a barrier is compromised.
&..!;h_Disposal (single use) gloves shall not be washed or decontaminated for reuse. a-cc. Utility gloves may be decontaminated for re-use if the integrity of the glove is not compromised. However, they must be discarded if they are cracked, peeling, torn, punctured, or exhibit other signs of deterioration or when their ability to function as a barrier is compromised.
10. Masks in combination with eye protection devices, such as goggles or glasses with solid side shields, or chin-length face shields, shall be worn whenever splashes, spray, spatter, or droplets of blood or other potentially infectious Bloodborne Pathogens
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materials may be generated and eye, nose, or mouth contamination can be reasonably anticipated.
4-:-11..__Appropriate protective clothing such as, but not limited to, gowns, aprons, lab coats, clinic jackets, or similar outer garments shall be worn in occupational exposure situations. The type and characteristics will depend upon the task and degree of exposure anticipated.
2-c-~Surgical caps or hoods and/or shoe covers or boots shall be worn in instances when gross contamination can reasonably be anticipated.
H. LAUNDRY
1. The City of Los Banos shall clean, launder, and dispose of personal protective equipment at no cost to the employee.
2. The following laundering requirements must be met:
a. Contaminated laundry shall be handled as little as possible with a minimum of agitation.
b. Contaminated laundry shall be bagged or containerized at the location where it was used and shall not be sorted or rinsed in the location of use. c. Employees handling and/or sorting contaminated laundry are required to wear protective gloves and other appropriate personal protective equipment as identified by their supervisor.
d. Contaminated laundry shall be placed and transported in bags or containers labeled and color-coded in accordance with this plan. Whenever contaminated laundry is wet and presents a reasonable likelihood of soakthrough of or leakage from the bag or container, the laundry shall be placed and transported in bags or containers which prevent soak-through and/or leakage of fluids to the exterior.
e. When a facility ships contaminated laundry off-site to a second facility which does not utilize Universal Precautions in the handling of all laundry, the facility generating the contaminated laundry must place such laundry in bags or containers which are labeled and color-coded in accordance with this plan.
SEC. 19008 _29008 HEPATITIS A AND B VACCINATION AND POST-EXPOSURE
EVALUATION AND FOLLOW-UP
The City of Los Banos shall make available the Hepatitis A and B vaccines and vaccination series to all employees who have occupational exposure (refer to Category I and Category II classifications), and post-exposure evaluation and follow-up to all employees who have had an exposure incident.
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All Hepatitis A and B vaccines and vaccination series, post-exposure evaluation and follow-up, shall be made available; a) at no cost to the employee; b) at a reasonable time and place, during work hours; c) performed by or under the supervision of a licensed physician or by or under the supervision of another licensed healthcare professional; and d) within ten (10) days of initial assignment, unless otherwise specified in this policy.
All laboratory tests shall be conducted by an accredited laboratory at no cost to the employee.
The City of Los Banos will provide training to employee on Hepatitis A and B vaccinations, addressing safety, benefits, efficacy, methods of administration, and availability.
A. HEPATITIS A AND B VACCINATION
1. The Hepatitis A and B vaccinations shall be made available to all employees who have occupational exposure unless the employee has previously received the complete Hepatitis A and B vaccination series, antibody testing has revealed that the employee is immune, or the vaccine is contraindicated for medical reasons.
2. If the employee initially declines the Hepatitis A and/or B vaccinations but at a later date, while still employed by the City of Los Banos in a position listed in Section 29005 as having occupational exposure in either Category I or Category 11, decides to accept the vaccination, the City of Los Banos shall make available the Hepatitis A and B vaccinations at that time.
3. Employees in Category I and Category II who decline to accept the Hepatitis A or B vaccination offered by the employer shall sign a declination form (FORM 29-1) included in this division.
4. If a routine booster dose(s) of Hepatitis A or B vaccine is recommended by the U.S. Public Health Service at a future date, such booster shall be made available in accordance with this policy.
B. POST-EXPOSURE EVALUATION AND FOLLOW UP
1. Reporting of Exposure Incident
a. The steps outlined below in Section 2(a) must be followed immediately after an exposure incident.
b. No adverse action is taken against an exposed employee if he/shethey refuses to submit to the procedures outlined herein, as the procedures are designed for the benefit of the employee.
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c. All testing and diagnoses of both the employee and the source individual must be kept confidential in accordance with federal, state, and local regulations.
Employee Responsibilities
Immediately after exposure the employee shall, as appropriate. 1) Wash hands or affected body site (skin, mucous membrane, etc.) profusely with soap and water;
2) Cause the contaminated area to be cleaned and
decontaminated;
3) Notify supervisor who must as soon as possible notify the Department Head.
3. City of Los Banos' Responsibilities
The Department Head will immediately report the exposure incident to the Human Resources Director.
Following a report of an exposure incident, the City of Los Banos shall make immediately available to the exposed employee a confidential medical evaluation and follow-up, at no cost to the employee. An exposure incident is a specific eye, mouth, other mucous membrane, non-intact skin, or parenteral contact with blood or other potentially infectious materials that results from the performance of an employee's duties.
The medical evaluation and follow up shall include the following elements:
a. Documentation of the route(s) of exposure, and the circumstances under which the exposure incident occurred; using the Infectious Disease Exposure Reporting form;
~ L ldentification and documentation of the source individual, unless the City can establish that identification is infeasible or prohibited by state or local law;
1) The source individual's blood shall be tested as soon as feasible and after consent is obtained in order to determine HBV, HCV and HIV infectivity. If consent is not obtained, the City shall establish that legally required consent cannot be obtained. When the source individual's consent is not required by law, the source individual's blood, if available, shall be tested and the results documented; 2) When the source individual is already known to be infected with HBV, HCV or HIV, testing for the source individual's known HBV, HCV or HIV status need not be repeated;
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3) Results of the source individual's testing shall be made available to the exposed employee when permitted and in the manner required by law, and the employee shall be informed of applicable laws and regulations concerning disclosure of the identity and infectious status of the source individual.
c. Collection and testing of blood for HBV, HCV and HIV serological status; 1) The exposed employee's blood shall be collected as soon as feasible and tested after consent is obtained.
2) If the employee consents to baseline blood collection, but does not give consent at that time for HIV serologic testing, the sample shall be preserved for at least ninety (90) days. If, within ninety (90) days of the exposure incident, the employee elects to have the baseline sample tested, this testing shall be done as soon as feasible. 3) Additional collection and testing shall be made available as recommended by the U.S. Public Health Service.
d. Post-exposure treatment, when medically indicated, will be provided, including, counseling, and evaluation of reported illnesses. e. An Employee's Claim for Workers' Compensation Benefits shall be provided to the employee within twenty-four (24) hours of notification. The employee will only complete said form and return it to their supervisor if they choose to file a claim.
Special Note: If an employee does not want to return the form, this fact should be documented in a memo format and forwarded to the Human Resources Director.
1) The supervisor shall complete the Incident Investigation form and note any exposure to needle sticks or sharps on the Sharps Injury Log and return to the Human Resources Director within twenty-four (24) hours.
2) The supervisor will investigate the incident documenting the route(s) of exposure (eyes, skin, etc.), with the assistance of the Human Resources Director, and implement corrective actions to prevent recurrence.
4. Information Provided to the Healthcare Professional
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1. The City of Los Banos shall provide the healthcare professional responsible for the employee's Hepatitis B vaccination a copy of the Bloodborne Pathogen Regulation, CCR §5193.
b. The City shall provide the healthcare professional evaluating an employee after an exposure incident the following information:
1) A copy of this policy.
2) Description of the exposed employee's duties as they relate to the exposure incident.
3) Documentation of the route(s) of exposure and circumstances under which exposure occurred.
4) Results of the source individual's blood testing, if available; and 5) All medical records relevant to the appropriate treatment of the employee including vaccination status, which are the City of Los Banos' responsibility to maintain.
5. Healthcare Professional's Written Opinion
The City of Los Banos shall obtain and provide the employee with a copy of the evaluating healthcare professional's written opinion within fifteen (15) days of the completion of the evaluation.
a. The healthcare professional's written opinion for Hepatitis B vaccination shall be limited to whether Hepatitis B vaccination is indicated for an employee and if the employee has received such vaccination.
2. The healthcare professional's written opinion for post-exposure evaluation and follow-up shall be limited to the following information:
1) That the employee has been informed of the results of the evaluation; and
i. That the employee has been told about any medical conditions resulting from exposure to blood or other potentially infectious materials which require further evaluation or treatment.
3. All other findings or diagnoses shall remain confidential and shall not be included in the written report.
SEC. 19009 ~9009 COMMUNICATION OF HAZARDS TO EMPLOYEES
&. A. WARNING LABELS
1. Warning labels shall be affixed to containers of regulated waste, refrigerators and freezers containing blood or other potentially infectious material, and other containers used to store, transport or ship blood or other potentially infectious materials except as provided in this section.
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2. These labels shall be fluorescent orange or orange-red or predominantly so, with lettering or symbols in a contrasting color.
3. Required labels shall either be an integral part of the container or shall be affixed as close as feasible to the container by string, wire, adhesive, or other method that prevents their loss or unintentional removal.
4. Bags used to contain regulated waste shall be color-coded red and shall be labeled in accordance with this section. Labels on red bags or red containers do not need to be color-coded.
5. Individual containers of blood or other potentially infectious materials that are placed in a labeled container, identifying their contents, during storage, transport, shipment or disposal are exempted from the labeling requirement.
6. Labels required for contaminated equipment shall be in accordance with this section and shall also state which portions of the equipment remain contaminated.
7. Regulated waste that has been decontaminated need not be labeled and colorcoded.
L_ The following symbol will be used as the official "biohazard" label and shall be labeled "Biohazard" or in the case of regulated waste, "Biohazardous Waste" or "Sharps Waste":
9. The area supervisor is responsible for ensuring that warning labels are affixed or red bags are used as required if regulated waste or contaminated equipment is brought into the facility. Employees are to notify their immediate supervisor if they discover regulated waste containers, refrigerators containing blood or other potentially infectious materials, contaminated equipment, without proper labels.
B. INFORMATION AND TRAINING
1. All employees (including part-time and temporary employees) with occupational exposure will participate in a training program that is provided, at no cost to the employee, during work hours. Training will be provided at the time of initial assignment to tasks where occupational exposure may take place and annually thereafter. The training program will contain the following:
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a. A copy and an explanation of the Cal/OSHA Bloodborne Pathogen Standard found in 8 CCR §5193;
b. A general explanation of the epidemiology, symptoms, and modes of transmission of bloodborne diseases;
c. An explanation of the City of Los Banos' Exposure Control Plan and the means by which the employee can obtain a copy of the written plan; d. An explanation of the appropriate methods for recognizing tasks and other activities that may involve exposure to blood and other potentially infectious materials;
e. An explanation of the use and limitations of methods that will prevent or reduce exposure including appropriate engineering controls, administrative or work practices controls, and personal protective equipment; f. An explanation for the basis for selection of personal protective equipment; g. Information on the types, proper use, location, removal, handling, decontamination, and disposal of personal protective equipment; h. An explanation of the basis for selection of personal protective equipment R-:-_i. _ Information on the Hepatitis B vaccine, including information on its efficacy, safety, method of administration, and the benefits of being vaccinated and that the vaccine will be offered free of charge to employees whose jobs have been determined to have occupational exposure;
1. Information on the appropriate actions to take and persons to contact in an emergency involving blood or OPIM:
h-.!L_An explanation of the procedure to follow if an exposure incident occurs, including the method of reporting the incident, the medical follow-up that will be made available, and the procedure for recording the incident on the Sharps Injury Log;
H- Information on post-exposure evaluation and follow-up that the City of Los Banos is required to provide for the employee following an exposure incident;
k-,. m. An explanation of the signs and labels and/or color coding required; and h- .!1_An opportunity for interactive questions and answers with the trainer. a-: L The person conducting the training shall be knowledgeable in the subject matter covered by the elements contained in the training program.
3. Training records will include the following information:
a. The dates of the training sessions;
b. The contents or a summary of the training sessions;
c. The names and qualifications of persons conducting the training; and d. The names and job titles of all employees attending the training sessions.
SEC. 19010 ~9010 RECORD KEEPING
A MEDICAL RECORDS
1. Medical records are maintained for each employee with occupational exposure Bloodborne Pathogens
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in accordance with 29 CFR 1910.1020, "Access to Employee Exposure and Medical Records." Accurate records shall be maintained for each employee with occupational exposure for the duration of employment plus thirty (30) years.
Medical records shall include the following:
a. Name and social security number of the employee;
b. A copy of the employee's Hepatitis B vaccination status including the dates of all the Hepatitis B vaccinations and any medical records relative to the employee's ability to receive vaccination;
c. A copy of all results of examinations, medical testing, and follow-up procedures;
d. The City of Los Banos' copy of the healthcare professional's written opinion;
e. A copy of the information provided to the exposed employee and the health care provider.
b. The City of Los Banos shall ensure that the employee's medical records are kept confidential and are not disclosed or reported without the employee's express written consent to any person within or outside the workplace except as required by law.
B. TRAINING RECORDS
Training Records shall be maintained for three (3) years from the date on which the training occurred.
C. AVAILABILITY
The City of Los Banos shall make all training records required by this policy available upon request to employees, employee representatives, and OSHA or S!ate inspectors for examination and copying.
Employee medical records required by this Division shall be provided upon request for examination and copying to the subject employee, to anyone having written consent of the subject employee, and to OSHA and State Inspectors.
The Sharps Injury Log required by this Division shall be provided upon request for examination and copying to employees, to employee representatives, and to OSHA and State Inspectors.
D. OSHA RECORDKEEPING
An exposure incident is evaluated to determine if the case meets OSHA's Recordkeeping Requirements (29 CFR §1904). This determination and the recording activities are the responsibility of the Director of Human Resources.
SEC. 19011~9011 PROCEDURES
Bloodborne Pathogens
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A EVALUATION EXPOSURE INCIDENTS
1. The Human Resources Director will review the circumstances of all exposure incidents to determine:
a. Engineering controls in use at the time;
b. Work practices followed;
c. A description of the device being used (including type and brand); d. Protective equipment or clothing that was used at the time of the exposure incident (e.g. glove, eye shields, et cetera);
e. Location of the incident;
f. Procedure being performed when the incident occurred; g. Employee's training.
2. The Director of Human Resources will record all percutaneous injuries from contaminated sharps in a Sharps Injury Log.
8. SHARPS INJURY LOGS
1. The Sharps Injury Log (Form 19-2) shall be maintained by the Human Resources Director for a period of five (5) years from the date the exposure incident occurred.
2. Each exposure incident shall be recorded on the Sharps Injury Log within fourteen (14) working days of the date the incident is reported to the employer.
3. The following information shall be included on the log:
a. Date and time of the exposure incident;
b. Department or work area where the exposure incident occurred; c. Job title of the exposed employee;
d. Type and brand of sharp involved in the incident;
e. Procedure that the exposed employee was performing at the time of the incident,
f. How incident occurred;
g. Body part involved in the exposure incident;
h. And the employee's opinion about whether any engineering, administrative, or work practice control could have prevented the injury.
C. REVIEW AND UPDATE OF EXPOSURE CONTROL PLAN
As needed, the Department Directors will convene a committee, to include front-line workers, to review the prior year's Sharps Injury Log and the Exposure Control Plan, and will ensure that any appropriate workplace and policy changes are made on an annual basis.
Bloodborne Pathogens
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HEPATITIS A and/or B VACCINE DECLINATION
(FORM 29-1)
(Mandatory)
Updated: March 7, 2012
I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring Hepatitis A or 8 virus (HBV) infection. I have been given the opportunity to be vaccinated with Hepatitis A and B vaccine, at no charge to myself. However, I decline Hepatitis A and/or B vaccination at this time. I understand that by declining this vaccine, I continue to be at risk of acquiring Hepatitis A or B, a serious disease. If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with Hepatitis A or B, I can receive the vaccination series at no charge to me.
Signature of Employee
Print Full Name of Employee
Date
Bloodborne Pathogens
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SHARPS INJURY LOG
(FORM 29-2)
Updated: March 7, 2012
Name of Exposed Employee: _________ DepartmenUDivision: ______ _ Job Title: ____________ Date of Exposure Incident: ________ _ Time of Exposure Incident: _____ _
Report Completed By: __________ Phone number/extension: _______ _ Identify sharp involved:
(if known)
Type: ________________ _
Brand:
---------------- Mode I:
Body part affected (check all that apply):
□ Finger
□ Face/head
□ Torso
D Leg
□ Hand
□ Arm
□ Other ----------- Description of the exposure incident: _____________________ _ Exposed Employee: In your opinion, could the injury have been prevented through engineering, administrative, or work practice controls? ___________________ _ Employee's Signature: _______________ Date: ________ _
Supervisor's Signature: _______________ Date: ________ _ Bloodborne Pathogens
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DIVISION 30
HARASSMENT/ DISCRIMINATION/ RETALIATION PREVENTION
SEC. 20001 30001 PURPOSE
The City has a strong commitment to prohibiting and preventing discrimination, harassment and retaliation in the workplace. The City has zero tolerance for any conduct that violates this Policy. Conduct need not arise to the level of a violation of state or federal law to violate this Policy. Instead a single act can violate this Policy and provide grounds for discipline or other appropriate sanctions, up to and including termination in accordance with Division 20 - Disciplinary Actions, or other appropriate sanctions. If an employee is in doubt as to whether or not any particular conduct may violate this policy, the employee should not engage in the conduct. and should seek guidance from a supervisor or the Human Resources Director.
This Policy establishes a complaint procedure for investigating and resolving internal complaints of discrimination. harassment and retaliation. The City encourages all covered individuals to report any conduct they believe violates this Policy as soon as possible. Any retaliation against an employee because they filed or supported a complaint or because they participated in the complaint resolution process is prohibited. Individuals found to have retaliated in violation of this Policy will be subject to appropriate sanction or disciplinary action, up to and including termination.
The purpose of this Division is to provide all employees, applicants, and contractors with an environment that is free from any form of discriminatory harassment, discrimination or retaliation as defined in this policy. This policy prohibits harassment and discrimination on the basis of any of the following protected classifications: an individual's race, religion, color, sex, gender identity, sexual orientation (including heterosexuality, homosexuality and bisexuality), ethnic or national origin, ancestry, citizenship status, uniformed service member status, marital status, pregnancy, age, medical condition and physical or mental disability (whether perceived or actual) or any other category protected by law. It is also the policy of the City to provide a procedure for investigating alleged harassment, discrimination and retaliation in violation of this policy. The protection from discrimination includes the protection from retaliation on any of the above identified protected classifications against an employee for his or her having taken action either as a complainant, or for assisting a complainant in taking action, or for acting as a witness or ad11ocate on behalf of an employee in a legal or other proceeding to obtain a remedy for a breach of this policy.
SEC. 2000230002 COVERED INDIVIDUALS AND SCOPE OF POLICYAPPLICABILITY The individuals covered by this Policy are: applicants for employment at the City, City employees regardless of rank or title, elected or appointed officials, interns, volunteers, and contractors. This Policy applies to all terms and conditions of employment, internships, and volunteer opportunities, including, but not limited to, selection, hiring, placement. promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.This policy prohibits City officials, employees, volunteers and contractors from Harassment/Discrimination/Retaliation Prevention
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harassing or discriminating against applicants, officers, officials, employees, volunteers and contractors because: a) of an individual's protected classification, b) of the perception that an individual has a protected classification, or c) the individual associates with a person v.iho has or is perceived to have a protected classification.
SEC. 20003 POLICY
The City has zero tolerance for any conduct that violates this policy. Conduct need not rise to the le'.iel of a violation of law in order to violate this policy. Instead, a single act can violate this policy and provide grounds for discipline, up to and including termination in accordance with Division 10 Disciplinary Actions, or other appropriate sanctions. If you are in doubt as to whether or not any particular conduct may violate this policy, do not engage in the conduct, and seek guidance from a supervisor or the Human Resources Director.
SEC. 20004 30003 NOTIFICATION OF POLICY
The City will provide this policy to new employees when they commence working, to all current employees, and to appointed and elected officials. Notices, which contain the basic policy and legal requirements, will be posted in places readily accessible to the public, job applicants and existing employees. Guidelines and forms for this policy will be reviewed periodically, and updated and modified as needed. Periodic training will be provided to City employees.
SEC. 2000530004 DEFINITIONS
A Protected Classifications
This Policy prohibits harassment. discrimination or retaliation because of an individual's protected classification. "Protected Classification" includes race (including traits historically associated with race, such as hair texture and protective hairstyles), religious creed , color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status. sex, gender. gender identity, gender expression, age {40 and over), sexual orientation, reproductive health decision-making, military and veteran status, or any other basis protected by law. {Gov. Code § 12940(a).)
This Policy prohibits discrimination, harassment or retaliation because: 1) of an individual's protected classification; 2) the perception that an individual has a protected classification; or 3) the individual associates with a person who has or is perceived to have a protected classification.This policy prohibits harassment or discrimination because of an individual's protected classification(s). "Protected Classification" includes race, religion, color, sex, gender identity, sexual orientation (including heterosexuality, homosexuality and bisexuality), ethnic or national origin, ancestry, citizenship status, uniformed service member status, marital status, pregnancy, age, medical condition and physical or mental disability (•.t1hether perceived or actual}-
HarassmenUDiscrimination/Retaliation Prevention
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Protected Activity
This Policy prohibits discrimination, harassment or retaliation because of an individual's protected activity. Protected activity includes: making a request for or receiving an accommodation for a disability; making a request for or receiving accommodation for religious beliefs or practices; making or supporting a complaint under this Policy: opposing violations of this Policy; or participating in an investigation pursuant to this Policy.
SC. Discrimination
This Policy prohibits treating covered individuals differently and adversely because of the individual's protected classification, actual or perceived: because the individual associates with a person who is member of a protected classification, actual or perceived: or because the individual participates in a protected activity as defined in this Policy. (Gov. Code § 12926(0).)This policy prohibits treating individuals differently because of the individual's protected classification as defined by this policy.
GD. Harassment
This policy prohibits harassment of a covered individual because of the individual's actual or perceived protected classification. Harassment includes, but is not limited to, the following types of behavior that are taken because of a covered individual's actual or perceived protected classification:
1. Derogatory, offensive or inappropriate speech, such as epithets, derogatory
2. 3.
4. comments or slurs, stereotypical comments, and verbal propositioning on the basis of a protected classification. This includes inappropriate comments, stories and jokes about appearance, dress, physical features , gender identification, or race. ethnicity or gender.
Physical acts, such as assault, impeding or blocking movement, offensive touching, or physical interference with normal work or movement. This includes pinching, grabbing, patting, or making explicit or implied job threats or promises in return for submission to physical acts.
Visual acts, such as derogatory gestures, posters, cartoons, emails, pictures or drawings related to a protected classification.
Unwanted sexual advances, requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual's work performance or create an HarassmenUDiscrimination/Retaliation Prevention
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intimidating, hostile, or offensive working environment. (Gov. Code §12940(j):
2 Cal.Code Regs § 11091 (b)(1).)
D. Guidelines for Identifying Harassment
Harassment includes any conduct which would be unwelcome or unwanted to an individual of the recipient's same protected classification. The following guidelines to determine if conduct is unwelcome or unwanted should be followed:
1. 2.
3. 4.
It is no defense that the recipient "appears" to have consented to the conduct at issue by failing to protest about the conduct. A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized or subjected to retaliation.
Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome.
Harassment can evolve over time. Small, isolated incidents might be tolerated up to a point. The fact that no one has yet complained does not preclude someone from complaining if the conduct is repeated in the future.
Even visual, verbal, or physical conduct between two people who appear to welcome the conduct can constitute harassment of a third person who witnesses the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at a particular individual.
Conduct can constitute harassment even if the individual has no intention to harass. Even well-intentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an individual would find it offensive (e.g., gifts, over-attention, endearing nicknames, hugs).
E. Retaliation
Retaliation occurs when adverse conduct is taken against a covered individual because of the individual's protected activity as defined in this Policy. "Adverse conduct" may include but is not limited to: disciplinary action, counseling, taking sides because an individual has reported harassment or discrimination; spreading rumors about a complainant or about someone who supports or assists the complainant: shunning or avoiding an individual who reports harassment or discrimination: or making real or implied threats of intimidation to prevent or deter an individual from reporting harassment or discrimination.
Harassment means unsolicited \1
.iords or conduct which subjectively and
off.end another person. Harassment includes, but is not limited to, the examples of behavior undertaken because of an individual's protected Harassment/Discrimination/Retaliation Prevention
30-4
objectively
fol lo\•,•i ng
classification:
844
Updated: March 7, 2012
1. Verbal Harassment, such as epithets (nieknames and slang terms), derogatory or suggesti1
1e eomments, propositioning, jokes or slurs, including graphic verbal commentaries about an individual's body, or that identify a person on the basis of his or her protested classifieation. Verbal harassment includes comments on appearanee and stories that tend to disparage those of a protected classifieation.
1. Visual forms of harassment, sueh as derogatory posters, notiees, bulletins, cartoons, dra1.-.iings, sexually suggestii,e objects, or e mails on the basis of a protested classifieation.
2. Physieal harassment, such as assault, touching, impeding or blocking movement, grabbing, patting, propositioning, leering, making express or implied job related threats in return for submission to physieal asts, mimicking, taunting, or any physical interf.erence 'Nith normal work or movement.
3. Sexual harassment, such as uni.¥elcome sexual advances, requests for sexual favors, and other \1erbal or physical conduct of a sexual nature or any of the above described conduct when:
C. Submission to such condust is either an expressed or implied term or condition of an individual's employment, or
D. Submission to or rejection of such condust is used as the basis for employment decisions affecting such individual, or E. Such condust has the purpose or effect of
unreasonably interf.ering i.-.iith an individual's work performance or creating a hostile, intimidating or offensi1
1e work environment.
F. Romantic or sexual relationships between
supervisors and subordinate employees are discouraged. There is an inherent imbalance of power and potential for exploitation in such relationships. The relationships may create an appearance of impropriety and lead to charges of favoritism by other employees. A 11.ielcome sexual relationship may change, with the result that sexual condust that was once welcome becomes unwelcome and harassing.
G. By definition, sexual harassment is not within the course and scope of an individual's employment with the City.
SEC. 4-930005 PROACTIVE APPROACH
The City takes a proactive approach to potential Policy violations and will conduct an investigation if its supervisory or management employees become aware that harassment, discrimination or retaliation may be occurring, regardless of whether the recipient or third party reports a potential violation.
- --- --SEC. 20006 RETALIATION
Harassment/Discrimination/Retaliation Prevention
30-5
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Updated: March 7, 2012
Retaliation against a person (and his or her associates) 11.1ho reports or pro'lides information about harassment or discrimination is strictly prohibited. Any act of reprisal ¥iolates this policy and will result in appropriate disciplinary action. Examples of actions that might be retaliation against a complainant, witness or other participant in the complaint process include: a) singling a person out for harsher treatment; b) lo1
1.1ering a performance
e·1aluation; c) failing to hire, failing to promote, withholding pay increases, assigning more onerous work, abolishing a position, demotion or discharge; or d) real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination. \IVBII intentioned attempts to insulate or protect a complainant by changing his or her work environment or schedule or duties or by transferring the complainant to another office may be retaliatory. Before a supervisor takes such action, the supervisor should contact the Human Resources Director.
Any act of retaliation will be treated as a separate and distinct incident, regardless of the outcome of the harassment or discrimination complaint.
SEC. 2000730006 CONFIDENTIALITY
Every effort will be made to assure the confidentiality of complaints made under this Policy to the greatest extent allowed by law. Complete confidentiality cannot occur. however, due to the need to fully investigate and the duty to take effective remedial action. The City is required to provide the subject of the complaint their due process rights. which include providing the subject of the investigation a copy of the complaint after the initial investigatory interview, if requested
An employee who is interviewed during the course of an investigation is prohibited from attempting to influence any potential witness while the investigation is ongoing.
An employee may discuss their interview with a designated representative. The City will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.Every possible effort \•Jill be made to assure the confidentiality of complaints made under this Policy. Complete confidentiality cannot occur, hov,e\1
er, due to the need to fully investigate potential Policy violations and take effective remedial action. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the intervie•.v, except as otherwise directed by a supervisor or the Human Resources Director. Any individual •♦1ho discusses the content of an investigatory interview ·.viii be subject to discipline or other appropriate sanction. The City will not disclose a completed in•1estigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in ad¥ersarial proceedings, or to comply with the law or a court order.
SEC. 20008 30007 COMP LAI NT PROCEDURE f"<R-EE-t=-P'b'Of"<R-t-Tf-AI N~G--H-A-R~l\-ss-~-AE=j'!,,-JT-1-
DISCRI M INATION OR RETALIATION
HarassmenUDiscrimination/Retaliation Prevention
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Updated: March 7, 2012
A covered individual who believes they have been subjected to discrimination. harassment or retaliation may make a complaint -- orally or in writing -- to any supervisor, manager, or department head, without regard to any chain of command. All complaints should be filed as soon as possible after the alleged incident or after a supervisor has knowledge of possible violation(s) of this policy. Covered individuals are encouraged, but nor required, to use the forms identified in Section 30008 when making a written complaint.
Any supervisory or management employee who receives a harassment complaint should immediately notify the Human Resources Director. Upon receiving notification of a harassment complaint, the Human Resources Director will complete and/or delegate the following steps. If the Human Resources Director is accused. or a witness to the events at issue, an individual with higher authority will complete and/or delegate the following steps.
1. Authorize and supervise the investigation of the complaint and/or investigate the complaint. The investigation will usually include interviews with: 1) the complainant:
2) the accused; and 3) other persons who have relevant knowledge concerning the allegations in the complaint.
2. Review the factual information gathered through the investigation to determine whether the alleged conduct violates the Policy giving consideration to all factual information. the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred.
3. Prepare a summary report of the determination as to whether this Policy has been violated, and provide such report to the appointing authority. If discipline or sanctions are imposed, the level of discipline or sanctions will not be communicated to the complainant.
4. If conduct in violation of this Policy occurred, take or recommend to the appointing authority prompt and effective remedial action. The remedial action will be commensurate with the severity of the offense.
5. Take reasonable steps to protect the complainant from further harassment. discrimination or retaliation.
SEC. 30008 WITNESS AND COMPLAINT FORMS
A.
B.
Confidential Complaint Form (Complaint Form): Covered individuals are encouraged, but not required, to use this form when alleging that they are a victim of violation(s) of this policy and wishes to initiate a complaint (Form 30-1 ).
Individuals completing the Complaint Form should forward it to the Human Resources Director.
Witness Statement Form (Witness Form): Covered individuals are encouraged. but not required. to use this form when they witness or have knowledge of possible violation(s) of this policy and wishes to report it (Form 30-2). Individuals completing the Witness Form should forward it to the Human Resources Director.
SEC. 30009 EMPLOYEE HOTLINEAn applicant, employee, officer, volunteer, official or contractor who feels he or she has been harassed, discriminated against or retaliated Harassment/Discrimination/Retaliation Prevention
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against in violation of this policy should report the conduct immediately as outlined below so that the complaint can be resolved quickly and fairly.
All employees invol'1ed in the complaint process may be represented by a person of their choosing and at their own expense.
A. Object to the Conduct
Sometimes an individual is unaware that his/her conduct is offensive. In these situations the offensive behavior may be eliminated by simply informing the offender that the conduct or language in question is unwelcome and offensive and request that it be discontinued immediately. A person who believes he/she is being harassed is encouraged to use this process 1Nhen possible.
VVhen the conduct in question continues after the offending person has been informed it is offensive, or if a person does not f-eel comfortable talking to the offending person directly, the employee should make a report in accordance with subsection B below or go directly to the formal reporting process.
B. Oral Report
If a person 'Nho believes that this policy has been violated does not 1 11ant to confront
the offending person, he/she should report the conduct to a supervisor, department head, City management employee or the Employee Hotline. The individual may also seek the advice, assistance or consultation of a super\'isor, department head, or any City management employee. Any supervisory or management employee who receives such a report must in turn direct it to the Human Resources Director. The Human Resources Director will determine what level of investigation and response is necessary.
C. VVritten Process
An individual who believes this policy has been violated and does not feel comfortable using the process outlined above may call the Employee Hotline. The call will then be directed to the Human Resources Department for appropriate action. or may provide a written complaint to the Human Resources Director, or to a supervisor, department head or any management employee who in turn must direct the complaint to the Human Resources Department. Individuals are encouraged to use the Confidential Complaint Form (DIV 20 1) for this purpose.
D. Option to Report to Outside Administrative Agencies
Applicants, employees, officers, volunteers, officials and contractors have the option to report harassment, discrimination, or retaliation to the United States Equal Employment Opportunity Commission (EEOC) or the California Department of fair Employment and Housing (DFEH). These governmental agencies offer legal remedies and a complaint HarassmenUDiscrimination/Retaliation Prevention
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process. The nearest offices are listed in the government section of the phone book as well as on posters located on City bulletin boards.
SEC. 20009 WITNESS AND COMPLAINT FORMS
A. Confidential Complaint Form (Complaint Form): This form is to be used by an individual 11.1ho alleges that helshe is a victim of violation(s) of this policy and 11.'ishes to initiate a complaint (Form DIV 20 1 ). The individual completing the Complaint Form should forv,mrd it to the Human Resources Director.
B. VVitness Statement Form (VVitness Form): This form is to be used by any individual who v,itnesses or has knowledge of possible violation(s) of this policy and wishes to report it (Form DIV 20 2). The individual completing the \!\fitness Form should forv,ard it to the Human Resources Director.
SEC. 30010 OPTION TO REPORT TO OUTSIDE ADMINISTRATIVE AGENCIES An individual has the option to report harassment. discrimination or retaliation to the U.S.
Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). These administrative agencies offer a complaint process as well as certain legal remedies where the applicable agency determined that a violation of the law occurred. The nearest offices are listed on the Internet, in the government section of the telephone book or employees can check the posters that are located on City bulletin boards for office locations and telephone numbers.
SEC. 20010 INITIATING A COMPLAINT
All complaints should be filed as soon as possible after the alleged incident or after a supervisor has knowledge of possible violation(s) of this policy.
SEC. 20011 CITY'S RESPONSE TO COMPLAINT OF HARASSMENT
DISCRIMINATION OR RETALIATION
A. Investigation
Upon receipt of a complaint of alleged harassment, discrimination or retaliation, the Human Resources Director will be responsible for coordinating a thorough investigation (unless he/she is named in the complaint). The Human Resources Director may coordinate the investigation with the complainant's department head and may hire an outside investigator if the City deems appropriate. The type of investigation undertaken, and the party ohosen to conduct the in1 1estigation will
depend on the nature of the oomplaint made and \'Viii be determined by the Human Resources Direotor. The Human Resources Director will report the status of investigations to the City Manager as appropriate.
The Human Resouroes Director, in concurrence with the City Manager, may take interim action to diffuse volatile ciroumstances, such as placing the alleged perpetrator on paid administrative leave or temporarily transferring the alleged Harassment/Discrimination/Retaliation Prevention
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Updated: March 7, 20~
perpetrator. Generally, no interim action should be taken to change the complaining individual's working conditions unless the complaining individual voluntarily consents to the temporary change.
The in¥estigator will review the complaint allegations in an objecth,•e manner and to the extent that the City deems necessary. The investigation will normally include interviev1s \. 1ith the reporting individual, the accused, and any other person who is believed to have relevant knowledge concerning the allegations. The investigator will remind all 'Nitnesses to maintain the confidentiality of the content of the interview and that retaliation against those who report alleged harassment or who participate in the investigation is prohibited.
The City takes a proactive approach to potential policy violations and \•.•ill conduct an investigation if its officers, supervisors, or managers become ai.•1are that harassment, discrimination or retaliation may be occurring, regardless of whether or not the recipient of the alleged action or a third party reports a potential violation.
8. Remedial and Disciplinary Action
If the investigation determines that the alleged conduct occurred and that the conduct violated this policy, the City will notify the complainant and perpetrator of the general conclusion(s) of the investigation and take effective remedial action that is designed to end the violation(s). Any employee or officer determined to have violated this policy 'Nill be subject to disciplinary action, up to and including termination.
Disciplinary action may also be taken against any official, supervisor or manager who condones or ignores potential violations of this policy, or •.t.iho otherwise fails to take appropriate action to enforce this policy. Any official or contractor found to have violated this policy will be subject to appropriate sanctions.
C. Closure
At the conclusion of the investigation, the Human Resources Director shall notify the complainant in general terms of the outcome of the investigation.
SEC. 2001230011 =E::..:...:M..:.....P=-LO=-Y..:....:E=-=-R--=--------'--' A.;..;. N=- D---=E=-:.; M:..:..:.P--=L=--=Oc....:. Y-=E=E--=-R-=E=--=S'-'-P-=O..;...;N=-=S..:..::I 8:....:..:1 L=-=-IT..:....:1-=E:.=S _ _::O:....:.... F
EMPLOYEES, MANAGEMENT AND SUPERVISORY EMPLOYEE
A Non-Manager or Non-Supervisor
Each non-manager or non-supervisor is responsible for:
1. 2.
3. Treating all individuals in the workplace or on worksites with respect and consideration.
Modeling behavior that conforms to this Policy.
Participating in periodic training.
Harassment/Discrimination/Retaliation Prevention
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B.
4. 5.
6. Updated: March 7, 2012
Cooperating with the City's investigations by responding fully and truthfully and in a timely manner to all questions posed during the investigation.
Taking no actions to influence any potential witness while the investigation is ongoing.
Reporting any act they believes in good faith constitutes harassment. discrimination. or retaliation as defined in this Policy, to their immediate supervisor. or department head, or the Human Resources Director.
Manager and Supervisors
In addition to the responsibilities listed above, each manager and supervisor is responsible for:
1. Informing employees under their supervision of this Policy.
2. Taking all steps necessary to prevent harassment. discrimination and, retaliation from occurring, including monitoring the work environment and taking immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language.
3. Receiving complaints in a uniformly fair and serious manner. and documenting steps taken to resolve complaints.
4. Following up with those who have complained to ensure that the offensive conduct or behavior about which they complained has stopped and that there are no reprisals or retaliation or threats of reprisals or retaliation.
5. Informing those who complain of harassment or discrimination of their option to contact the EEOC or CRD and file a complaint about such activity.
6. Assisting. advising, or consulting with employees and the Human Resources Director regarding this Policy.
7. Assisting in the investigation of complaints involving employee(s) in their departments and, when appropriate, if the complaint is substantiated, recommending appropriate corrective or disciplinary action in accordance with these Policies, up to and including termination.
8. Implementing appropriate disciplinary and remedial actions.
9. Immediately reporting potential violations of this Policy of which they becomes aware to the Human Resources Director, regardless of whether a verbal or written complaint has been submitted.
10. Participating in periodic training and scheduling employees for training.
Harassment/Discrimination/Retaliation Prevention
30-11
851
Updated: March 7, 2012
A. Employees
In order to establish and maintain a professional v,orking environment, while at the same time preventing harassment, discrimination, and retaliation, employees are expected to:
1. Set an example of acceptable conduct by not participating in or pro)~<oking behavior that violates this policy. Try not to be angry or insulted if an individual tells you that your behavior is offensive. People have different ethical values and standards and may be offended by behavior you think is proper. Tell the individual you did not realize your behavior was offensi)1e, and immediately cease the conduct.
2. Let fellrnN employees know when you consider beha)iior offensive. The City hires people from a wide variety of cultural and ethnic backgrounds, and an individual may not realize behavior he or she thinks is proper could be seen by others as offensive.
3. Report harassment, discrimination or retaliation as quickly as possible, 'Nhether the employee is the target of the conduct or a witness.
4. If an employee witnesses harassment, he or she should tell the individual being harassed that the City has a policy prohibiting such behavior, and that he or she can demand that the harasser cease the behavior.
5. Maintain confidentiality as required by this policy.
6. Fully cooperate i.vith the City's investigation of complaints made under this policy.
B. Managers and Supervisors
In addition to the responsibilities listed above, managers and supervisors are responsible for the following:
1. Implementing this policy by taking all complaints seriously and modeling behavior that is consistent v1ith this policy. Direct all complaints to the Human Resources Director.
2. Take positive steps to eliminate any form of harassment, discrimination or retaliation observed or brought to his/her attention.
3. No Department Head, supervisor or other employee may retaliate through any action of intimidation, restraint, coercion or discrimination.
4. Monitoring the work environment and taking appropriate action to stop potential policy violations.
5. Following up with those who have complained to ensure the behavior complained of has ceased.
HarassmenUDiscrimination/Retaliation Prevention
30-12
852
Updated: March 7, 2012
6. Informing complainants of their option to contact the EEOC or DFEH regarding a potential policy violation.
SEC. 2001330012 DOCUMENTATION AND RECORD-KEEPING
The Human Resources Director shall maintain a complaint file containing copies of witness forms, complaint forms and investigation files. The information contained in this file is confidential and privileged, subject to disclosure only under appropriate legal measures.
Department Heads may review investigation files concerning their departments only with the prior approval of the City Manager. In cases of substantiated claims resulting in discipline, the personnel file of the disciplined employee will contain appropriate documentation relating to the disciplinary actions taken. In cases of unsubstantiated and inconclusive claims not resulting in discipline, the investigation file will be maintained for ~ minimum of four years after the termination or separation of either the complainant or the subject(s) of the complaint, whichever is longer.t\•,m (2) years.
SEC. 20014 30013 RIGHT OF REPRESENTATION
Employees participating in an investigation who have a reasonable belief that they may be disciplined as a result of the investigation have a right to be represented in the interview upon request.
SEC. 2001530014 STATE AND FEDERAL AGENCIES
This policy is intended to allow the City of Los Banos to resolve complaints internally. It is meant to supplement state and federal laws or regulations. State and Federal complaints shall be processed through the procedures established by the Civil Rights Department ef Fair Employment and Housing and Equal Employment Opportunity Commission (EEOC).
SEC. 2001630015 MANDATORY TRAINING
As part of its commitment to ensuring a work environment free from harassment and discrimination, the City requires that all of its employees receive training on this policy upon hire and at least once every two (2) years. The Human Resources Department will schedule training sessions each year to ensure that employees are able to schedule the mandatory training. Attendance at the training will be documented.
SEC. 30016 WHISTLEBLOWER PROTECTION
A. The City prohibits all of the following conduct by City employees:
1. Taking any retaliatory adverse employment action against an employee because the employee has or is believed to have disclosed information to any government or law enforcement agency, including to the City, if the employee has reasonable cause to believe that the information discloses a violation of federal or state law, or a violation or noncompliance with a local, state. or federal rule or regulation;
HarassmenUDiscrimination/Retaliation Prevention
30-13
853
B.
Updated: March 7, 2012
2. Preventing an employee from disclosing information to a government agency, including to the City, if the employee has reasonable cause to believe that the information discloses a violation of federal or state law, or a violation or noncompliance with a local, state, or federal rule or regulation;
3. Retaliating against an employee for refusing to participate in any activity that would result in a violation of federal or state law, or a violation or noncompliance with a local, state, or federal rule or regulation; and
4. Retaliating against an employee because the employee's family member has, or is perceived to have engaged in any of the protected activities listed in (a)-(c) above.
Policy Coverage
This policy governs and protects City officials, officers, employees, temporary employees, and applicants for employment.
C. Definitions
1 . "Protected activity" means any of the following activities:
a. Filing a complaint with a federal or state enforcement or administrative agency that discloses any information that the employee has reasonable cause to believe violates federal or state law or a violation or noncompliance with a local, state, or federal rule or regulation;
b. Participating in or cooperating in good faith with a local, federal or state enforcement agency that is conducting an investigation in to alleged unlawful activity;
c. Testifying in good faith and with reasonable cause as a party, witness, or accused regarding alleged unlawful activity;
d. Associating with another covered individual who is engaged in any of the protected activities enumerated here;
e. Making or filing in good faith and with reasonable cause an internal complaint with the City regarding alleged unlawful activity;
f. Providing informal notice to the City regarding alleged unlawful activity:
g. Calling a governmental agency's "whistleblower hotline" in good faith; h. Filing a written complaint under penalty of perjury that the City has engaged in gross mismanagement, a significant waste of public funds. or a substantial HarassmenUDiscrimination/Retaliation Prevention
30-14
854
D.
Updated: March 7, 2012
and specific danger to public health or safety; and
i. Refusing to participate in any activity that the employee reasonably believes would result in a violation of federal or state law, or a violation or noncompliance with a local, state. or federal rule or regulation.
2. "Adverse action" means, but is not limited to. the following actions:
a. Real or implied threats of intimidation to attempt or prevent an individual from reporting alleged wrongdoing or because of actual or potential protected activity;
b. Refusing to hire an individual because of actual or potential protected activity;
c. Denying promotion to an individual because of actual or potential protected activity;
d. Taking any form of disciplinary action because of actual or potential protected activity;
e. Extending a probationary period because of actual or potential protected activity;
f. Altering work schedules or work assignments because of actual or potential protected activity;
g. Condoning hostility and criticism of co-workers and third parties because of actual or protected activity;
h. Spreading rumors about a person because of that person's actual or perceived protected activity: and
i. Shunning or unreasonably avoiding a person because of that person's actual or perceived protected activity.
Complaint Procedure
An applicant, employee, or temporary employee who feels they have been retaliated against in violation of this policy should immediately report the conduct according to the complaint procedure in the City's policy against discrimination, harassment or retaliation so that the complaint can be resolved fairly and quickly. Supervisors and managers have the same responsibilities as defined in the policy against discrimination, harassment or retaliation.
HarassmenUDiscrimination/Retaliation Prevention
30-15
855
Date:
Name:
CONFIDENTIAL
COMPLAINT FORM
(FORM 30-1)
Department:
Updated: March 7, 2012
Nature of Complaint: (include description of incident, date, location; indicate involved parties and other details)
Corrective Action Desired:
Signature:
File this form with the Human Resources Director.
Harassment/Discrimination/Retaliation Prevention
30-16
856
Date:
Name:
CONFIDENTIAL
WITNESS STATEMENT
(FORM 30-2)
Department:
Updated: March 7, 2012
Nature of Observations: (include description of incident, date, location; indicate alleged victim and offender, and witness, if any)
File this form with the Human Resources Director.
HarassmenUDiscrimination/Retaliation Prevention
30-17
857
Name: I
Updated: March 7, 2012
INTERVIEW FORM FOR DOCUMENTING HARASSMENT,
DISCRIMINATION AND RETALIATION CASES
CONFIDENTIAL
(FORM 30-3)
I Department: I
Witness Name(s):
Possible Witness
Name(s):
Action Taken:
Harassment/Discrimination/Retaliation Prevention
30-18
858
Updated: March 7, 2012
SUGGESTED INTERVIE'N QUESTIONS
HARASSMENT, DISCRIMINATION AND RETALIATION CASES
CONFIDENTIAL
(FORM DIV 20 4)
Questions similar to these should be asked to gain a full understanding of the nature of the oomplaint:
1. V\Jhat is the conduct being complained about?
2. \'¥here did the conduct occur?
3. VVhen did the conduct occur?
4. VVho participated in the conduct?
5. VVas the conduct unwanted?
6. 'Nhat did you do or say to demonstrate the conduct was uni.vanted?
7. Did anyone witness the conduct?
8. Did you tell anyone about the conduct?
Q. Did anyone observe you after the incident?
10. Did the conduct interfere with job performance?
11. Did the conduct create an intimidating or hostile 'Nork environment?
12. Did you lose any pay or benefit as a result?
Harassment/Discrimination/Retaliation Prevention
30-19
859
Updated: March 7, 2012
DIVISION 31
MANAGEMENT RIGHTS
SEC. 21001~10001 MANAGEMENT RIGHTS
The City shall retain, whether exercised or not, solely and exclusively, all express and inherent rights and authority pursuant to law with respect to determining the level of, and the manner in which, the City's activities are conducted, managed, and administered, and Associations recognize the exclusive right of the City to establish and maintain departmental rules and procedures for the administration of its departments.
SEC. 21002~1002 RIGHT TO SCHEDULE WORK
The City has the exclusive right and authority to schedule work and/or overtime work as required in the manner most advantageous to the City.
SEC. 21003~1003 RIGHT TO REQUIRE PERFORMANCE OF JOB DUTIES Every incidental duty connected with operations enumerated in job descriptions is not always specifically described; nevertheless, it is intended that all such duties shall be performed by the employee.
SEC. 21004~1004 RIGHT TO DISCIPLINE AND LAY OFF
The appointing authority reserves the right to discipline or discharge employees subject to Civil Service procedures. The City reserves the right to lay off personnel of the City at any time.
SEC. 21005~1005 RIGHT TO ASSIGN WORK AND ESTABLISH METHOD OF WORK The City shall determine assignments and establish methods and processes by which assignments are performed.
SEC. 21006~1006 RIGHT TO TRANSFER
The City shall have the exclusive right to transfer employees within departments and to positions outside a department in a manner most advantageous to the City.
SEC. 21007~1007 RIGHT TO REORGANIZE
The City shall have the authority, without prior meeting and conferring, to effect reorganizations and reallocation of work of the City.
SEC. 21008~1008 RIGHT TO CONTRACT OUT
The City has the right to contract for matters relating to municipal operations, including contracting out bargaining unit work. The right of contracting or subcontracting is vested exclusively with the City.
Management Rights
31-1
860
Updated: March 7, 2012
SEC. 21009~1009 RIGHTS NOT SUBJECT TO MEET AND CONFER OR APPEAL The inherent and expressed rights of the City, including those specifically referred to in this policy, herein specifically referred to that which are not expressly modified or restricted by another specific provision of the Handbook, a specific pro~'ision hereof, are not in any way, directly or indirectly, subject to meeting and conferring.,_ -except as required by law, or subject to the grievance procedure herein.
Management Rights
31-2
861
Updated: March 7, 2012
DIVISION 32
POLICY AGAINST WORKPLACE VIOLENCESECURITY
SEC. 22001~2001 POLICY
The City is committed to providing a safe and secure workplace for employees and the public. The City will not tolerate acts or threats of violence in the workplace. The workplace includes any location where City business is conducted, including vehicles and parking lots. Any violation of this policy will lead to criminal prosecution, and/or disciplinary action, up to and including termination.
SEC. 22002~2002 PROHIBITED BEHAVIOR
A. Employees are prohibited from engaging in or promoting acts of intimidation, violence, threats, coercion, assault and/or abusive behavior toward any person while in the course of City employment. The City has zero tolerance for any conduct that references workplace violence, even if it was intended to be harmless, humorous, ~ prank, blowing off steam, or venting.
B. Employees engaged in City business are prohibited from carrying self-defense weapons in violation of any law or this policy. Employees who have legal authority to carry a self-defense weapon shall notify the Department Head in writing of what type of weapon is being carried. Employees who have legal authority to carry self-defense weapons violate this policy if they: accidentally discharge or lose their weapon while engaging in City business; use, threaten to use, or display the weapon while engaging in City business; or violate any law related to carrying a legal self-defense weapon while engaged in City business.
SEC. 22003 ~2003 DEFINITIONS
A. "Workplace Violence" is any conduct that causes an individual to reasonably fear for his or hertheir personal safety or the safety of his or hertheir family, friends, coworkers and/or property. Specific examples of workplace violence include, but are not limited to, the following:
1. Threats or acts of physical harm directed toward an individual or his/hertheir family, friends, associates, or property.
2. The destruction of, or threat of destruction of City property or another employee's property.
3. Fighting, challenging another person to fight, or participating in dangerous or threatening horseplay:
4. Striking, punching, slapping, or assaulting another person:
Policy Against Workplace ViolenceSecurity
32-1
862
Updated: March 7, 2012
5. Grabbing, pinching, or touching another person in an unwanted way whether sexually or otherwise:
~ Harassing or threatening phone calls.
4Z. Surveillance.
5§. Stalking.
e~. Possession of offensive or defensive weapons (firearms, illegal knives, clubs, mace, pepper spray, tear gas, etc.) unless specifically required or authorized and approved by the Human Resources Director.
-710. Any conduct relating to violence or threats of violence that adversely affects the City's legitimate business interests.
8jj_. Weapons are defined as firearms, chemical sprays, clubs or batons, and knives, and any other device, tool, chemical agent or implement that can cause bodily harm if used as a weapon or displayed in such a manner to cause harm or threaten a person with harm.
SEC. 22004~2004 INCIDENT REPORTING PROCEDURES
A. Employees must immediately report workplace violence to their supervisor or department head. The supervisor or Department Head will report the matter to the Human Resources Director.
B. The Human Resources Director will document the incident, including the employee names(s), date/time, location, incident description, witness names and statements, description of unidentified parties, description of the act(s) and/or behavior arising from the incident, action taken, and provide any other relevant information regarding the incident.
C. The Human Resources Director will take appropriate steps to provide security, such as:
1. Placing the employee alleged to have engaged in workplace violence on administrative leave, pending investigation;
2. Asking any threatening or potentially violent person to leave the site; or
3. Immediately contacting an appropriate law enforcement agency.
SEC. 22005~2005 INVESTIGATION
The Human Resources Director will see that reported violations of this policy are investigated as necessary.
Policy Against Workplace ViolenceSecurity
32-2
863
Updated: March 7, 2012
SEC. 22006~2006 MANAGEMENT RESPONSIBILITY
Each Department Head has authority to enforce this policy by:
A.
8. C.
D.
E.
F.
Training supervisors and subordinates about their responsibilities under this policy; Assuring that reports of workplace violence are documented accurately and timely; Notifying the Human Resources Director and/or law enforcement authorities of any incidents;
Making all reasonable efforts to maintain a safe and secure workplace; aRd Maintaining records and follow up actions as to workplace violence reports~-;- and Seeking a temporary restraining order on behalf of an employee and other employees at the workplace. (Civ. Proc. Code § 527.S(a): Penal Code § 18150 et seq.)
SEC. 22007~2007 FOLLOW-UP AND DISCIPLINARY PROCEDURES
An employee found in violation of this policy will be subject to disciplinary action, up to and including termination of employment. The City may also direct that an employee submit to a fitness for duty examination. In addition, employees found in violation of this policy may be subject to criminal prosecution.
Policy Against Workplace ViolenceSecurity
32-3
864
DIVISION 23
FITNESS FOR DUTY
Updated: March, 7 2012
SEC. 23001 CONDITIONAL OFFER OF EMPLOYMENT EXAMINATIONS After a conditional offer of employment has been extended to an applicant, the City may, in compliance with all applicable la'A'S, require the applicant to submit to a fitness for duty examination prior to conferring appointment.
SEC. 23002 CURRENT EMPLOYEE EXAMINATIONS
The Human Resources Director or a designee may require an employee to submit to a fitness for duty examination to determine if the employee is able to perform the essential functions of his or her job when: a) the employee appears to be unable to perform or has difficulty performing one or more essential functions of his or her job; and b) there is reason to question the employee's ability to safely or efficiently complete work duties.
SEC. 23003 ROLE OF HEALTH CARE PROVIDER
A City selected health care pro11ider will examine the employee at City expense. The City 'Nill provide the heath care provider with a letter requesting a fitness for duty examination and a v.1ritten description of the essential functions of the employee's job. The health care provider will examine the employee and provide the City with non confidential information regarding whether: a) the employee is fit to perform essential job functions; b) there are any reasonable accommodations that would enable the employee to perform essential job functions; and c) the employee's continued employment poses a threat to the health and safety of him or herself or others. Should the health care provider exceed the scope of the City's request and provide confidential health information, the City will return the report to the health care provider and request another report that includes only the non confidential fitness for duty information that the City has requested.
SEC. 23004 MEDICAL INFORMATION
During the course of a fitness for duty examination, the City will not seek or use information regarding an employee's medical history, diagnoses, or course of treatment without an employee's written authorization.
SEC. 23005 MEDICAL INFORMATION FROM THE EMPLOYEE'S HEALTH CARE
PROVIDER
An employee may submit confidential medical information to the City from his or her personal health care provider. If the employee pro>;ides >Nritten authorization, the Human Resources Director will submit the information that the employee provides to the City paid health care provider 'A'ho conducted the examination. The Human Resources Director will request the City paid health care provider to determine whether the information alters the original fitness for duty assessment.
Fitness for DutyPolicy Against Incivility and Bullying in the Workplace 33-1
865
Updated: March, 7 2012
SEC. 23006 INTERACTIVE PROCESS DISCUSSION
After receipt of both the health care provider's fitness for duty report, and the analysis of the employee's personal health care information (if any) the Human Resources Director will arrange for a discussion or discussions, in person or via conference telephone call, with the employee and his or her representatives, (if any). The purpose of the discussions will be in good faith to fully discuss all feasible potential reasonable accommodations.
During the discussions, the Human Resources Director 'Nill also discuss, if relevant, alternate available jobs for which the employee is qualified, or whether the employee qualifies for disability retirement or family and medical leave.
SEC. 23007 DETERMINATION
After the discussions, the Human Resources Director will review the information recei•,ed, and determine if there is a reasonable accommodation that would enable the employee to perform essential job functions, or if the accommodations 'Nould pose an undue hardship on City finances or operations. The Human Resources Director '. .<ill inform the employee of his or her determination. The Human Resources Director will use his or hertheir discretion based upon the particular facts of each case.
DIVISION 33
POLICY AGAINST INCIVILITY AND BULL YING IN THE WORKPLACE SEC. 33001 POLICY
the City has a zero tolerance policy for incivility and bullying in the workplace.
Understanding and mutual respect toward all individuals are essential elements to the existence of a safe and healthy workplace. Any employee who commits an act of incivility or bullying is subject to disciplinary action up to and including termination.
SEC. 33002 INCIVILITY
Uncivil office behavior includes acting in a characteristically rude and discourteous manner and/or displaying a lack of regard for others.
Examples of incivility include, but are not limited to: taking someone else's food or beverage. purposely not greeting or acknowledging someone at the office, and not giving credit to a co-worker on a project. When incivility is extensive it leads to lower job satisfaction, decrease in performance, higher absenteeism, and low morale.
Employees are expected to treat other workers the way they would like to be treated, extend common courtesies, maintain appropriate boundaries, and ask for assistance from management or the Human Resources Department when needed.
SEC. 33003 BULL YING
Fitness for DutyPolicy Against Incivility and Bullying in the Workplace 33-2
866
Updated: March, 7 2012
Workplace bullying is behavior that harms, intimidates, offends, degrades, or humiliates an employee, possibly in front of other employees, clients, or customers. Workplace bullying may cause the loss of trained and talented employees, reduce productivity and morale, and create legal risks.
Examples of bullying include, but are not limited to: spreading information about others than an employee knows not to be true, intimidating a person, undermining or deliberately impeding a person's work, physically abusing or threatening abuse, removing areas of responsibilities or causing an employee to be underutilized without cause, withholding necessary information, making jokes that are obviously offensive, intruding on a person's privacy by pestering/spying/stalking, yelling or using profanity, criticizing a person consistently or constantly, belittling a person's opinion. unwarranted punishment, blocking applications for training/leave/ promotion, and tampering with a person's personal belongings.
If an employee is in doubt about whether an action would be considered bullying, the employee should ask themselves if a reasonable person would consider the action acceptable. An employee may also ask the Human Resources Director.
SEC. 33004 COMPLAINT PROCESS
Employees should report bullying to their Supervisor, Department Head, or the Human Resources Director. Supervisors and Department Heads have the responsibility of informing the Human Resources Director of any report of bullying made to them. An informal investigation will be implemented. In the event the informal stage is not sufficient, or the offense is of a serious nature, a formal investigation will be implemented. Any reports of workplace bullying will be treated seriously and investigated promptly.
SEC. 33005 NO RETALIATION
The City prohibits retaliation against employees who make complaints about bullying, or who participate in the complaint and/or investigation process about bullying. Managers and Supervisors are responsible for enforcing this no retaliation policy.
SEC. 33006 TRAINING
In order to eliminate and/or minimize risks involved with incivility and bullying, the City will schedule training for employees regarding this rule.
Fitness for DutyPolicy Against Incivility and Bullying in the Workplace 33-3
867
Updated: March, 7 2012
DIVISION 34
POLICY ON EMPLOYEE USE OF SOCIAL MEDIA AND ARTIFICIAL INTELLIGENCE SEC. 34001 POLICY ON EMPLOYEE USE OF SOCIAL MEDIA
A. INTRODUCTION AND PURPOSE
The City has implemented this Policy in order establish guidelines for the appropriate use of social media by City employees.
B. COVERED INDIVIDUALS AND SCOPE OF POLICY
This policy covers City employees regardless of rank or title, interns, and volunteers.
C. SOCIAL MEDIA USE REQUIREMENTS
The City requires covered individuals to:
1. Observe and adhere to all City policies that may apply to individuals' personal social media use, including but not limited to those policies that protect individuals' confidentiality or privacy rights, anti-discrimination or harassment policies, and the anti-workplace violence policy.
2. Follow all applicable laws, including but not limited to those that protect individuals' confidentiality or privacy and those that prohibit discrimination and harassment.
3. Refrain from using social media in any way that could adversely affect your job performance, the reputation of the City, or adversely affect members of the public served by the City.
4. Refrain from using social media during paid work hours, even if you are not actively posting to social media.
5. Refrain from commenting on any matter or issue on behalf of the City or representing that your posts or comments represent the City opinion on such subjects.
D. SOCIAL MEDIA USE BEST PRACTICES
The City encourages individuals to adhere to the following practices when using social media:
1. Ensure that your social media posts are accurate and truthful, and do not contribute to the spread of misinformation or disinformation.
Fitness for DutyPolicy on Employee Use of Social Media and Artificial Intelligence 34-1
868
Updated: March, 7 2012
2. Be respectful of others and refrain from attacking others or making unnecessarily negative posts.
3. Protect your privacy by not posting personal information.
4. Be mindful that what you share, even if later deleted, may not actually be deleted.
E. VIOLATIONS OF THE SOCIAL MEDIA POLICY
Individuals who violate this Policy may be subject to discipline, up to an including termination.
SEC. 34002 POLICY ON EMPLOYEE USE OF ARTIFICIAL INTELLIGENCE A. INTRODUCTION AND PURPOSE
For the purposes of this policy, Artificial Intelligence ("Al") means the technology that simulates human intelligence processes using computer systems.
Al simulates learning (i.e., the acquisition of information), training {i.e., the acquisition of rules for using information), reasoning (i.e .. the ability to solve problems and make decisions). and self-correction (i.e .. the identification and correction of errors in learning, training and reasoning}.
Al encompasses a range of technologies, including machine learning, natural language processing, and robotics. Al allows machines to perform tasks that typically require human intelligence, such as making predictions, recommendations, or decisions. Al systems use machine- and human-based inputs in order to generate information or action.
This policy applies to all Al tools, including services, systems, and any other processes that use Al technology.
The City recognizes the utility of Al in enhancing operational efficiency. However, the City also recognizes that the use of Al involves risks. including but not limited to safety, security, privacy, bias, and accuracy.
Employees, interns and volunteers of the City may only use Al to promote public service and administer the City 's mission.
All Al use must conform to the conditions set forth in this policy and any other City policies.
The City expressly prohibits any Al use which discriminates against any individuals, including but not limited to City employees, interns or volunteers, on the basis of the Fitness for DutyPolicy on Employee Use of Social Media and Artificial Intelligence 34-2
869
Updated: March, 7 2012
individual's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression. age, sexual orientation, reproductive health decision-making, or military and veteran status.
B. COVERED INDIVIDUALS AND SCOPE OF POLICY
This policy applies to all City employees, regardless of rank or title, interns, and volunteers.
This policy applies to all work produced for the City or associated in any way with the City, whether or not the work is produced using City equipment or resources.
This policy sets the minimum standards expected of City employees. Individual departments may set stricter rules based on their specific needs.
No employee shall be exempted from these minimum standards without the express written permission from the City Manager.
C. PROHIBITION ON THE CREATION OR USE OF "DEEPFAKE" MATERIAL A "deepfake" is an image, video. or audio record that has been digitally altered to replace one person's likeness with another person. or a computer-generated image or video of a person doing or saying something the person never did or said.
Creation of "deepfake" images. video, or audio for City work or on City resources or equipment is strictly prohibited.
Use of "deepfake" images. video, or audio for City work or on City resources or equipment, other than using it as evidence in or as part of an administrative investigation, is strictly prohibited.
D. ARTIFICIAL INTELLIGENCE USE REQUIREMENTS
The City allows limited use of Al tools for the purpose of conducting the City 's business.
The City may modify the parameters of permissible Al use or revoke permission to use Al at any time in order to meet the City 's goals. obligations, or business needs.
1. Employees must receive permission from their Department Head prior to using any Al tool. Any request for permission to use an Al tool must identify the Al tool and the purpose for which the Al tool's use is intended. The Al tool may only be used as specifically permitted by the Department Head.
2. City email addresses, phone numbers, or other credentials may only be used to create an account with Al services with authorization from the employee's Fitness f-Or DutyPolicy on Employee Use of Social Media and Artificial Intelligence 34-3
870
Updated: Mmch, 7 2012
supervisor or Department Head. Accounts created using City credentials must not use any password that the employee uses or used in order to access City resources.
3. Confidential and sensitive personal information must never be inputted into Al tools in any way. Confidential and sensitive personal information includes any information that the employee is not permitted to share through other means of communicating with the public. Such information includes, but is not limited to a specific person's name, address, email address. telephone number, social security number, or information that alone or in combination with other publicly available information, reveals the identity of the subject of the inputted information. This rule applies regardless of the Al tool's privacy terms or settings.
All Al searches must be in "incognito" mode or "opt out" or other similar mode to prevent the Al tool from retaining or using the information provided for the tool or service's use in any manner. including to train or improve the Al tool or service, or to share the information with any third party.
4. All text-based content that was created using Al without modification must be properly labelled as having been generated using Al. All audio and visual media created using Al must be labelled as generated using Al regardless of modifications. Labels must be clearly visible to members of the public reviewing the content.
Example: "This document was drafted with support from Al-based tools. All information represented in this document have been reviewed by City." A general disclaimer may also be used. For example:
"This document may have been drafted with support from Al-based tools, consistent with City 's policy on use of artificial intelligence. All information represented in this document have been reviewed by City staff." Informal correspondence between City employees, such as emails, does not need to be labelled as having been created using Al as provided above.
5. All Al-generated content must be reviewed for accuracy, tone, bias, and context before the content may be published for City purposes. If a reliable source cannot be found to verify factual information generated using Al, that information cannot be used for City purposes.
6. No content fully or partially generated using Al may be claimed as original work.
7. The City expects all employees to possess and exercise good judgment and common sense when conducting City business. such as when using an Al service.
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Updated: Mmch, 7 2012
All supervisory and management employees are responsible for overseeing the work product of their subordinates and ensuring that employees abide by the guidelines established in this policy. Individual employees are also responsible for ensuring that their own work product conforms to this policy.
Any violation of this policy may result in disciplinary action, up to and including termination of employment. The terms of this policy are subject to change as Al technology evolves frequently.
Fitness for DutyPolicy on Employee Use of Social Media and Artificial Intelligence 34-5
872
Updated: March, 7 2012
DIVISION 34A
POLICY FOR ESTABLISHING AND OPERATING DEPARTMENT SOCIAL MEDIA ACCOUNT{$ ) TO COMMUNICATE INFORMATION TO THE PUBLIC
A Department that wishes to establish one or more social media accounts (e.g., Facebook, Twitter, Nixie) to communicate information to the public should adopt a Department Policy that provides guidelines to employees for the establishment and operation of the account(s). For purpose of consistency, the following guidelines should be included in the Department's Policy.
{Insert Name of Departmentl Policy and Terms for Establishing and Operating Department Social Media Account(s) to Communicate Information to the Public SEC. 34-=- 00::.....; 1"-' A;.:;... _ ___,;,,;_ I N;;..:. T..:....; Rc=O-=D-=U-=CT..:....:lc.=O..c...=. N The use of social media by individuals as well as governments has grown significantly in the past several years. With our community relying more and more on electronic information to obtain day-to-day news and information. the [Name of Department] ("Department") has incorporated social media into its existing communication tools to expand and enhance the Department's efforts to provide timely, pertinent information to as many members of the public as possible.
Social media enables the Department to meet of a number of important goals for communicating information to the public and providing an efficient and effective operation of the Department. These goals include: (1) posting information instantaneously to a wide audience; (2) reaching members of the public who get their news and information primarily through social media and would not otherwise receive the information; (3) providing other ways to post Department news instead of relying on the print media; (4) providing rapid disbursement of emergency information; (5) pushing information out to the public instead of requiring them to look for information: (6) achieving positive interest in the Department including providing information to encourage recruitment for volunteers:(?) utilizing the social media tools that are best for the Department; (8) striving for cost efficiency: (9) minimal financial impact; and (10) striving for a minimum increase in staff workload.
This Policy provides reasonable guidelines to employees for meeting for communicating timely and pertinent information to the public through the use of social media.
SEC. 34..;:;..; 00:;..=2;;....: A.:,_. _ ___;P;......;U=-a.R-=P--=Oc....a: Sa.=E The purpose of this Policy is to provide protocol and procedures for the use of social media to publicize official [name of department] information to the public.
All accounts are for outgoing official Department information only. To the extent a social media account has an option for recipients to provide comments to the Department's postings, this feature will be turned off whenever possible.
SEC 34-=- 00=....;: 3;.:;... A;;...___.....:,.A....;.;;; D;;..;..M~l"'-- N.....a: I S;....;. T..:....; RA~ Tl;...;aO..a..a. N Fitness for DutyPolicy on Employee Use of Social Media and Artificial Intelligence 34-6
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The City Manager and [insert title of the department head, such as Chief of Police, Fire Chief, or Community Development Director) serve as the executive agents for the social media accounts that are used by the Department. They control who has and will maintain access to deliver Department messages.
[IF CERTAIN POSITIONS WILL BE CHARGE UP UPDATING INFORMATION FOR THE DEPARTMENT, INSERT THAT INFORMATION HERE, E.G.:
For the Los Banos Police Department, the Crime Analyst is tasked with the dissemination of information after it has been cleared by Police Department Administration.
During an emergency the decision can be made to issue important information to the public during non-business hours. This information shall be reviewed and approved by the highest ranking Supervisor available at the time].
For the Los Banos Fire Department, the Administrative Clerk and/or Administrative Assistant are tasked with the dissemination of the information after it has been cleared by the Fire Chief. During an emergency, the decision can be made to issue important information during non-business hours. This information shall be reviewed and approved by the highest ranking Supervisor available at the time].
Currently, the following social media sites are used by the Department: [insert names of social media sites used by the Department]. The Department's social media sites will generally be updated only during regular business hours (Monday- Friday).
SEC. 34=.;00::.....;4c:....;A:..___-=G-=U-=-=I D:;...=E==L:..:..:..I N-=-=E=-=S=--F=--O=..cR-=-----=Ec...=S---'-'T Ac_.cB=-cL=I S=-'H'-'-'l"'""' N'-=G---'D"""'E=P...a... A..aa... R.;....a. T"""'" M'-=E"""' N'--'- T---'S"-'O"'-'C~IA:......:.=-L ....:..:;M-=-=E=-=D-=...;:IA
ACCOUNTS
The following guidance is provided to employees for establishing the different social media accounts that will be used by the Department:
[INSERT THOSE THAT APPLY:)
a. Guidance for Nixie
Nixie is a third-party social networking tool and its privacy policy can be found at http://nixle.info/privacypolicy.html. Nixie is a free and trusted service that allows law enforcement agencies to send alerts to registered individuals. Nixie allows for users to choose the types of alerts that they will receive. Users can choose to receive one or all of the Nixie messages: Alerts, Advisories or Community.
Alerts- Critical Incident Information - information on major events. emergencies, or time sensitive issues such as Amber Alerts. missing persons and other matters of extreme public safety.
Advisories- Crime Alerts and Press/Informational Releases, road closures, "Be on the Look Out" (SOL'S) and other important crime information.
Community- Community Messages will be issued when there is a public safety related event that is open to the public. for example, Gang Prevention Presentations and Protecting Your Home Presentations.
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The [Los Banos Police Department] will use this Nixie Account to: 1) establish a Nixie account user name and passwords; 2) allow public users to register to receive alerts; and 3) allow the Department to send alerts regarding official Department business.
The Department may share information posted on the Department Nixie website if there is a demonstrated need to know, and will only post information after it has been appropriately approved by Department Officials. Information will generally be posted during business hours with an exception of matters of extreme public safety. b. Guidance for Facebook
Facebook is a third-party social networking tool and its privacy policy can be found at www.facebook.com/#!/policy.php?ref=pf.
The [insert Name of Department] will use this Facebook page to: 1) establish user names and passwords to form profiles; 2) accept "friend" requests from public user accounts to enable them to receive the information posted by the Department; and 3) post information on Facebook regarding official Department business. The Department will not "like" the Facebook pages of others and will limit its postings to official Department business.
The Department may share information posted on the Department Facebook page if there is a demonstrated need to know, and will only post information after it has been appropriately approved by Department Officials. Information will generally be posted during business hours with an exception of matters of extreme public safety.
All Departments who have a Facebook Page that permits comments and/or "likes" must adopt and post on its Facebook Page a copy of the City's sample Policy and Terms of Use for posting comments on Department social media accounts. The Policy and Terms of Use can be found at Division 34B.
c. Guidance for X
X is a third-party social networking tool and its privacy policy can be found at http://twitter.com/privacy.
The [insert Name of Department] will use this X page to: 1) establish a X account user name and passwords to form profiles; 2) allow public users to "follow" our account to enable them to receive the information posted by the Department: and 3) "tweet" information on X regarding official Department business.
The Department may share information posted on the Department X Feed if there is a demonstrated need to know, and will only post information after it has been appropriately approved by Department Officials. Information will generally be posted during business hours with an exception of matters of extreme public safety.
All Departments who have a X account that permits comments must adopt and post on its X account a copy of the City's sample Policy and Terms of Use for posting comments on Department social media accounts. The Policy and Terms of Use can be found at Division ~4B.
SEC 34005A GUIDELINES FOR OPERATING DEPARTMENT SOCIAL MEDIA
ACCOUNTS
Employees should follow the following general guidelines in operating the Department's social media accounts:
Information posted on the Department's social media accounts should be:
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Timely and relevant
Support the efficiency of departmental operations,
Delivered in a clear, concise, and consistent manner
Updated: March, 7 2012
The Department will respect the information overload in our society today and only use social media sites to send important information on an 'as needed basis'.
Whenever possible, text posted on the Department's social media site(s) should be duplicated from other documents or existing Department webpages so that it is consistent.
Employees should provide links back to the Department's website (or the Department's Nixie website) where additional information may be found about a matter whenever possible.
The social media system is not intended for two-way dialogue due to staff limitations and legal constraints on censoring inappropriate comments and language posted on the system. To the extent the 3rd party accounts used by the City have an option for recipients to provide comments to the Department's postings, this should be turned off whenever possible.
All Department social media accounts that permit public comment (including Facebook "likes") must adopt and post the City's sample Policy and Terms of Use for posting comments. This Policy and Terms of Use can be found at Section 348.
While the Department's social media is, by design, an outward, one-way communication program to share Department information with members of the public, it should include Department contact phone numbers, e-mail addresses, [Nixie address,] and/or City website so members of the public can ask questions and obtain follow up information. Only Department addresses, e-mails and information shall be permitted on the authorized social media sites.
All content posted on Department social media sites will be considered a public record which may be republished in other media. Because of this, the confidentiality and privacy of residents should be considered a high priority. Individual addresses, phone oremail information should not be published or distributed on social media.
Information posted on the Department's social media sites shall be consistent with all Department policies. This includes policies against harassment and discrimination, and retaliation, and all provisions of Section 348 regarding the posting of information on Department social media accounts.
This policy is in addition to and complements any existing or future City policies regarding the use of technology. computers. email and the internet.
SEC 34006A GUIDANCE FOR COMMUNICATING WITH PUBLIC ABOUT "SUBSCRIBING" FOR SOCIAL MEDIA ACCOUNTS USED BY THE DEPARTMENT The Department should encourage all members of the public currently using the proposed social media sites (Facebook, Twitter and Nixie) and who are interested in receiving information about the Department to "subscribe" to the Department site to receive social Fitness for DutyPolicy on Employee Use of Social Media and Artificial Intelligence 34-9
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media information. Links to the Department's various social media sites should be provided on the Department's website.
The Department should notify the public that the purpose of the social media is to provide information to the community - augmenting communication tools already implemented by the Department. Existing communication will be used to notify members of the public of the new social media applications. The Department should publicize the social media account service(s) on the Department web page, email news communications, channel 96, local media, etc. The information distributed to the public about the Department's social media account(s) should emphasize that the Department is joining the social media world as a way to build on its current communication platform and to expand and enhance the Department's efforts to provide timely, pertinent information to as many members of the public as possible.
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DIVISION 348
SAMPLE - POLICY AND TERMS OF USE FOR POSTING COMMENTS [AND LIKES] ON DEPARTMENT [SOCIAL MEDIA] ACCOUNT
A Department that establishes a social media account that permits comments and/or "likes" from the public must adopt and post the following Policy and Terms of Use on its social media site:
[Name of Department] Policy and Terms of Use for Posting Comments [and Likes] on Department [Social Media] Account:
BEFORE POSTING ON THIS PAGE, PLEASE REVIEW THESE ITEMS:
The site is intended to disperse information to the public. The purpose of the page is to communicate Department information in an effort to inform residents, and other fans of the Department about the latest news, activities, services and educational programs it has to offer.
This page is monitored and managed by the Onsert Name of Departmentl. Comments posted to this site will be monitored during regular business hours of the City of Los Banos ("City").
Before posting on the page, please review these terms.
• In case of emergencv, dial 911.
--If you need non-emergency assistance or want to report suspicious activity, please dial [insert number to cal//.
• -A posting on this page constitutes acceptance of these terms. • Do not use this page to report a crime.
Posting information related to a crime on this page is not deemed anonymous. You may be contacted by a Police Department Employee or other City employee for more information if vou are a witness to a crime.
A person's "liking" of the Department or the City will not be considered as an endorsement or support of the Department or the City. A person's "liking" and/or comments will be treated as a "comment" and will be monitored consistent with the Department's policies for what the site may contain (see below).
This site shall not contain any of the following. and the Department reserves the right to remove comments containing any of the following elements:
• Comments that are not topically related to the particular posting being commented upon;
• Profane language or content:
• Comments that promote, foster, or perpetuate discrimination on the basis of race. creed. color. age. religion, gender, marital status. national origin, physical or mental Fitness for DutyPolicy on Employee Use of Social Media and Artificial Intelligence 34-11
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disability, sexual orientation, or any other protected status under federal or California state law;
• Sexual comments or links to sexual content or comments:
• Comments that threaten or defame any person or organization:
• Comments in support of or opposition to political campaigns or ballot measures; • Comments that solicit or promote commercial services or products:
• Comments that engage in or encourage illegal activity; • Information or comments that may compromise the safety or security of the public, public systems. or employees;
• Comments that violate a legal ownership interest of another party: or • Any other comments or information not consistent with the intent of this policy.
Notwithstanding the foregoing. the Department is not obligated to take such actions. and the Department and the City disclaim any and all responsibility and liability for materials deemed inappropriate for posting which cannot be removed in an expeditious and otherwise timely manner.
A comment posted by a member of the public on this site is the opm10n of the commentator or poster only, and the posting of a comment does not imply endorsement of, or agreement by. the Department or the City, nor do such comments necessarily reflect their opinions or policies. The Department and the City neither guarantee the authenticity, accuracy, appropriateness or security of external links, websites. or content linked thereto.
Any content and comments posted to this site is subject to public disclosure.
If you require a response or are requesting services from the {insert name of Departmenfl please call {insert number to cal/l.
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DIVISION 24~5
ELECTRONIC COMMUNICATIONS RESOURCES POLICY
SEC. 35001 PURPOSE AND SCOPE OF POLICY
The City encourages the use of electronic communications resources to share information in support of its mission of public service and to conduct its business. This policy governs all Electronic Communications Resources including, but not limited to, the Internet, E-mail, voice-mail, cellular telephones, pagers, personal digital assistants, smartphones, computers/laptops, telecommunications devices, video and audio equipment, wireless networks. data systems telecommunications equipment, transmission devices, data processing or storage systems, computer systems. servers, networks, input/output and connecting devices. software, City hosted social media. and documentation that supports electronic communications services ("Electronic Communications Resources").
SEC. 35002 USE OF ELECTRONIC COMMUNICATIONS
The City's email system is an official communication tool for City business. An official email address is established and assigned by the City to each employee. All City communications sent via email will be sent to this address. City employees must use the official City email, instead of their private email address (such as yahoo. hotmail, etc.) when communicating City business via email.
Electronic Communications Resources must be used in compliance with applicable statutes. regulations, and City's policies including those that require a work environment free from discrimination and harassment. Electronic communications should conform to the same standards of propriety and respect as any other verbal or written communication at the City. Employees are expected to use common sense and judgment in being respectful to the public served by the City.
The City, as the provider of access to its Electronic Communications Resources. reserves the right to specify how those resources will be used and administered to comply with this policy. It is important to realize that the message content sent from the City's account reflects upon the City (positively or negatively) to those who receive the message.
Employees may be subject to disciplinary action for using the Electronic Communications Resources in a manner other than for their intended purposes, or in a manner that violates applicable laws, rules and policies.
Electronic communications to recipients on systems outside of City pass through systems and networks not managed by the City. The privacy and confidentiality of these messages is. therefore, not assured. In addition, some delivery methods and networks impose legal restrictions regarding the nature of messages allowed. Users are expected to comply with all such regulations.
SEC. 35003 INCIDENTAL PERSONAL USE
Electronic Communication Resources are provided by the City to facilitate the performance of City work. Incidental personal use is secondary, and should not (i) interfere with the Electronic Communications Resources Policy
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City's operation of Electronic Communications Resources: (ii) interfere with the user's employment or other obligations to the City, or (iii) burden the City with noticeable incremental costs. Incidental use of the City's Electronic Communications Resources should clearly indicate that the use is personal. Users of Electronic Communications Resources shall not give the impression that they are representing, giving opinions, or otherwise making statements on behalf of the City unless appropriately authorized to do so. The City is not responsible for any loss or damage incurred by an individual as a result of personal use of the City's Electronic Communications Resources.
SEC. 35004 PRIVACY LIMITS
The California Public Records Act requires the City to disclose specified public records. In response to requests for such disclosure, it may be necessary to examine electronic communications records that users may consider to be personal to determine whether they are public records that are subject to disclosure. Electronic communications records may also be subject to disclosure in litigation or administrative proceedings in the same manner as other City records.
All communications transmitted via the City's Electronic Communications Resources, whether or not related to personal or confidential matters, are subject to monitoring, at the City's discretion. The City monitors communications transmitted via the City's Electronic Communications Resources in the ordinary course of business for purposes that include ensuring their reliability and security. The existence of passwords and "message delete" functions do not restrict or eliminate the City's ability or right to access electronic communications.
Employees should not communicate their private, privileged, or confidential information, including but not limited to personal attorney client communications, financial or medical information and other privileged information, via the City's Electronic Communications Resources. Employees who do communicate their private, privileged or confidential information via the City's Electronic Communications Resources will be deemed to have waived any privilege or privacy rights in those communications, even where those communications are made via personal password-protected accounts using the City's Electronic Communications Resources.
Electronic communications sent to and received from attorneys representing the City are privileged communications. Such electronic communications shall not be distributed, copied, or blind-copied to unauthorized individuals.
Additionally, the City may be required to produce information transmitted or stored on its Electronic Communications Resources pursuant to a court order, subpoena, or statute.
SEC. 35005 RESTRICTIONS
The information sources accessible via the Internet are worldwide and constantly growing in kind and number. It is not possible for any Internet access provider to fully manage the types of information accessible by its systems and users, especially with regard to content Electronic Communications Resources Policy
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limitations. Nonetheless, the City reserves the right to restrict access to any data source, at its sole discretion. These restrictions do not constitute an implication of approval of other non-restricted sources.
Without exhausting all the possibilities, the following are examples of inappropriate use of the City's Electronic Communications Resources:
1. 2.
3. 4.
5. 6.
7. 8.
9. Any use that may, for a reasonable person. create or further a hostile attitude or give offense on the basis of race, color. religion, national origin, citizenship, ancestry, marital status. gender, disability, age, veteran's status. sexual orientation or any other protected classification. This includes transmitting images, messages, cartoons, or jokes which include ethnic or racial slurs, or are offensive, or which may be construed as harassment or disparaging of others based on a protected class.
Committing acts of violence including direct threats. communications which make an individual feel threatened or bullied, expressions of an intent to harm or to create an unsafe and/or dangerous situation or to make a person feel unsafe or in danger, or any other actions, activities, behavior, or conduct that violates the City's Policies].
Conducting ongoing personal business during work hours when the employee is not on a break, including (but not limited to) accessing dating Website such as eHarmony, Cupid and Chemistry, and social websites such as Facebook. GoogleGroups, lnstagram, Tumblr. and Twitter.
Using or disclosing the username or password of another person to gain access to their email or other electronic communications resources account without the required consent and approval, or to otherwise make the City's electronic communications system(s) available to others without the required consent and approval.
Communicating confidential City information, such as third party social security numbers or medical information, to unauthorized individuals within or outside of City.
Attempting to access unauthorized data or break into any City or non-City system, including. but not limited to, any Police Department, Department of Justice, Department of Motor Vehicle, Credit Bureau, and/or criminal history databases.
Engaging in theft or the unauthorized copying of electronic files or data.
Performing acts that are wasteful of computing resources or that unfairly monopolize resources to the exclusion of others is prohibited Intentionally misrepresenting one's identity for improper or illegal acts.
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10. Engaging in unlawful activities, such as, but not limited to, gambling. or committing a crime including fraud , or violating any federal, state, or local law.
11. Engaging in commercial activity or activity for financial gain. not under the auspices of the City.
12. Engaging in recreational use of the City's Electronic Communications Resources that interferes with the ability of the employee or other users to conduct City work. This includes but is not limited to downloading or uploading software, games, or shareware. Employees are also prohibited from downloading and using instant messenger (IM) as it creates a security risk.
SEC. 35006 OVERTIME -PRIOR APPROVAL REQUIRED
The Fair Labor Standards Act (FLSA) requires that the City pay each non-exempt employee who is entitled to receive FLSA overtime for all actual hours worked. This provision does not apply to employees who are exempt from FLSA overtime because of the executive. administrative, or professional nature of their job duties.
A.
B.
C.
No time spent in any activity on the City's Electronic Communications Resources for the benefit of the City may be done outside of employee scheduled work hours without advance approval from the employee's immediate supervisor. Emergencies may arise that call for an exception to this rule. In emergencies, the employee may perform the work, but must notify a supervisor as soon as possible, and in no event later than the end of that day. If the employee's supervisor denies the request to work overtime, the employee must obey the supervisor's directive and cease working overtime.
All time spent outside of the employee's scheduled hours on the City's Electronic Communications Resources for the benefit of the City must be reported on official City forms so that the City may pay the employee for that work. Employees may never choose to work and not request compensation. All legitimate overtime will be compensated.
Employees are required to record all work time on official City records and to work overtime with approval. Failure to follow the City's overtime approval procedures will result in being paid for all legitimate work time. and being subject to disciplinary action. up to and including termination for violating the overtime approval procedures.
SEC. 24001 PURPOSE AND SCOPE OF POLICY
Electronic Communications Resources Policy
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This policy go•1erns all Electronie Communications Resources including, but not limited to, the Internet, E mail, voiee mail, cellular telephones, pagers, personal digital assistants, smartphones, Blackberry devices, eomputers/laptops, teleeommunications devices, video and audio equipment, •.vireless netv.:orks, data systems teleeommunications equipment, transmission devises, data proeessing or storage systems, eomputer systems, servers, networks, input/output and eonnecting devices, software, and documentation that supports electronic communications services ("Electronic Communications Resources").
SEC. 24002 USE OF ELECTRONIC COMMUNICATIONS
The City's email system is an official communication tool for agency business. An official email address is established and assigned by the City to each employee as required for business purposes. All City communications sent via email v.:ill be sent to this address.
City employees must use the official agency email, instead of their private email address (such as yahoo, hotmail, etc.) ',¥hen communicating agency business via email.
Eleetronie Communications Resources must be used in compliance with applicable statutes, regulations, and City's policies including those that require a work environment free from diserimination and harassment. Electronie eommunieations should conform to the same standards of propriety and respect as any other verbal or written eommunication at the City.
Employees are expected to use common sense and good judgment to avoid any communication •.vhich is disrespectful, offensive or illegal. It is important to realize that the message content sent from a City account reflects upon the City (positively or negatively) to those who recei'le the message. The City, as the pro'lider of aecess to its Electronic Communications Resources, reserves the right to specify how those resources will be used and administered to comply with this policy.
SEC. 24003 DISCIPLINE
City ovmed or controlled equipment is restricted to official use only. Employees may be subject to disciplinary action for using the Electronic Communications Resources in a manner other than for their intended purposes, or in a manner that violates applieable laws, rules and policies.
In addition, some delivery methods and netv,orks impose legal restrictions regarding the nature of messages allowed. Users are expected to comply with all such regulations.
Employees and other users of the Electronic Communications Resources may create criminal and civil liability for themselves and the City by using outside or third party systems in an offensi•Je, defamatory or illegal manner. In such event, employees may be subject to disciplinary action up to and including termination.
SEC. 24004 NO EXPECTATION OF PRIVACY
All eommunieations transmitted via the City's Eleetronie Communications Resources, whether or not related to personal or confidential matters, are subject to monitoring, at the Electronic Communications Resources Policy
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City's discretion. The City monitors communications transmitted via the City's Electronic Communications Resources in the ordinary course of business for purposes that include ensuring their reliability and security. The existence of passv.iords and "message delete" functions do not restrict or eliminate the agency's ability or right to access electronic communications.
In addition, the California Public Records Act requires the City to disclose specified public records. In response to requests for such disclosure, it may be necessary to examine electronic communications records that users may consider to be personal to determine they are public records that are subject to disclosure.
The City may also be required to produce information transmitted or stored Electronic Communications Resources pursuant to a court order, subpoena, or statute.
SEC. 24005 INCIDENTAL PERSONAL USE
Electronic Communication Resources are provided by the City to facilitate the performance of City work. Incidental personal use is secondary, and should not interfere with the City's operation of Electronic Communications Resources or the user's employment or other obligations to the City.
Employees engaging in incidental use of the City's Electronic Communications should clearly indicate that the use is personal. Users must not give the impression that they are representing, giving opinions, or otheF\vise making statements on behalf of the City unless appropriately authorized to do so.
An employee is responsible for any loss or damage caused by his or hertheir personal use of City's Electronic Communications Resources.
SEC. 24006 RESTRICTIONS
The inf.ormation sources accessible via the Internet are constantly growing in kind and number. It is not possible for any Internet access provider to fully manage the types of information aocessible by its systems and users, especially v.iith regard to content limitations. Nonetheless, the City reserves the right to restrict aocess to any data source at its sole discretion. These restrictions do not constitute an implioation of approval of other non restricted souroes.
'Nithout exhausting all the possibilities, the following are examples of inappropriate use of the City's Electronio Communications Resources:
A Exposing others, either intentionally or carelessly, to material which is offensive, obscene or in poor taste. This includes information which could create an intimidating, offensive or hostile work environment.
B. Any use that would be offensive to a reasonable person because it involves an individual's race, religion, color, sex, gender identity, sexual orientation (inoluding heterosexuality, homosexuality and bisexuality), ethnic or national origin, anoestry, Electronic Communications Resources Policy
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citizenship status, uniformed service member status, marital status, family relationship, pregnancy, age, medical condition (cancer or HIV/AIDS related), genetic characteristics, and physical or mental disability (•1,,1hether perceived or actual); C. Communicating confidential City information to unauthorized individuals within or outside of the City.
D. Sending messages or information in conflict with applicable la•1,,1 or City policies, rules or procedures.
E. Attempting to access unauthorized data or break into any City or non City system.
F. Engaging in theft or the unauthorized copying of electronic files or data.
G. Performing acts that waste electronic resources or that monopolize resources to the e:xclusion of others. These acts include, but are not limited to: sending mass mailings or chain letters and creating unnecessary netv.<ork traffic.
H. Intentionally misrepresenting one's identity for improper or illegal acts.
I. Engaging in unlawful activities;
J. Engaging in commercial activity or acti>.<ity for personal financial gain, not under the auspices of the City;
K. Engaging in recreational use of the agency's Electronic Communications Resources that interferes with the ability of the employee or other users to conduct City work.
This includes but is not limited to downloading or uploading software, games, or shareware. Employees are also prohibited from downloading and using instant messaging software (IM).
SEC. 24007 OVERTIME PRIOR APPROVAL REQUIRED
The Fair Labor Standards Act (FLSA) requires that the City pay each employee who is entitled to receive FLS.'\ oi.'ertime for all hours worked. This provision does not apply to employees who are e:xempt from F'LSA 0•1ertime because of the e:xecutive, administrative, or professional nature of their job duties.
E:xcept on an irregular and de minimus basis, no time spent in any activity on the City's Electronic Communications Resources for the benefit of the City may be done outside of employee scheduled work hours without advance approval from the employee's immediate supervisor. Emergencies may arise that call for an e:xception to this rule. In emergencies, the employee may perform the work, but must notify a supervisor as soon as possible, and in no event later than the end of that day. If the employee's supervisor denies the request to work overtime, the employee must obey the supervisor's directi1.<e and cease working overtime.
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B. All time spent outside of the employee's scheduled hours on the City's Electronic Communications Resources for the benefit of the City must be reported on official City f-orms so that the City may pay the employee f-or that v.<ork. Employees may never choose to work and not request compensation. All legitimate o,1ertime will be compensated.
C. Employees are required to record all 'Nork time on official City records and to 'Nork overtime with appro1Jal. Failure to f-ollow the City's o,1ertime appro1Jal procedures will result in being paid f-or all legitimate work time, and being subject to disciplinary action, up to and including termination f-or ¥iolating the overtime approval procedures.
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AUTHORIZATION FOR RELEASE OF INFORMATION BY ELECTRONIC
COMMUNICATIONS SERVICE PROVIDER AND WAIVER OF LIABILITY (FORM 35-1)
I, understand and acknowledge that the City of Los Banos ("City") provides me with access to Electronic Communications Resources to facilitate the performance of City work. I may use these resources for incidental personal purposes provided that such use does not burden the City with incremental costs or interfere with the City's operations and my employment or other obligations to the City.
However, the City's Electronic Communications Resources are the property of the City and are not confidential. I have no expectation of privacy when using the City's Electronic Communications Resources and acknowledge that the City has the right to retrieve and make proper and lawful use of all electronic communications and data contained in and transmitted through the City's network and through outside providers of wireless or electronic communications services.
Accordingly, I hereby authorize any Electronic Communications Service to release to the City any information the City may request relating to electronic communications and/or any other form of instant or delayed messaging sent and/or received by me on any Electronic Communications Resource maintained by the City that delivers or receives electronic communications including, but not limited to, cellular telephones, pagers, personal digital assistants, smartphones, Blackberry de>1ices, computers/laptops, telecommunications devices, video and audio equipment, voicemail, wireless networks and data systems. "Electronic Communication Service" means any service which provides to users thereof the ability to send or receive wire or electronic communications.
I hereby release, discharge and hold harmless the City and the person, firm, company, corporation or other third party to whom this Authorization is directed, including their agents, representatives and employees, from any and all liability of every nature and kind arising out of their providing the information, records and other matters authorized above pursuant to this Authorization.
A photocopy of this Authorization and Release shall be accepted with the same validity as the original.
Signature of Employee
Print Full Name of Employee
Date
Electronic Communications Resources Policy
35-9
888
Updated: October 19, 2016
DIVISION 36
ELECTRONIC TRACKING TECHNOLOGY POLICY AND
ACKNOWLEDGEMENT
SEC. 25001~6001 PURPOSE
This policy governs City of Los Banos ("City") use of Electronic Tracking Technology in vehicles or equipment it owns or leases, which are used by its employees.
Employees of the City may, in the course of employment, be required to drive and/or ride in a City n agency owned or leased vehicle equipped with Electronic Tracking Technology.:., or to use equipment such as cellular telephones 1-Yith such capabilities.
Electronic Tracking Technology allows the City to monitor location, elevation. and velocity of its vehicles. Electronic Tracking Technology use for public safety greatly enhances job performance, personnel safety. situational awareness. and may provide assistance in time critical scenarios. Electronic Tracking Technology in City-vehicles may also be used for other business-related purposes, including. but not limited to, measuring productivity, locating stolen vehicles, providing aid to vehicles that break down, increasing employee safety. managing City resources effectively, or ensuring that employees are following their routes or assignments.
SEC. 25002~6002 DEFINITIONS
Electronic Tracking Technology means a technological method or system used to observe, monitor, or collect information, including telematics, Global Positioning System (GPS), wireless technology, or location-based technologies. Electronic Tracking Technology may include event data recorders (EDR), sensing and diagnostic modules (SOM), or other systems that are used for the purpose of identifying, diagnosing, or monitoring functions related to the potential need to repair, service, or perform maintenance on the City vehicle and/or to capture safety systems-related data for retrieval after a collision or similar incident has occurred.
SEC. 25003~6003 CITY USE OF ELECTRONIC TRACKING TECHNOLOGY The City may use Electronic Tracking Technology in City-owned or leased vehicles at the City's discretion, and in the ordinary course of business.
The City may use Electronic Tracking Technology at its sole discretion, and in the ordinary course of business for business-related purposes, including, but not limited to, monitoring the location, election and velocity of its vehicles; measuring productivity; locating stolen vehicles; providing aid to vehicles that break down; increasing employee safety; managing agency resources effectively; or ensuring that employees are following their routes or assignments.
Lactation Accommodation Electronic Tracking Technology Policy 36-1
889
Updated: October 19, 2016
The City may utilize Electronic Tracking Technology to initiate a disciplinary investigation or discipline of its employees pertaining to the misuse or abuse of their vehicles, inappropriate use of time, speeding, -or other misconduct.
The California Public Records Act may require that the City disclose specified public records,. In response to requests for such disclosure, it may be necessary to examine Electronic Tracking Technology records to determine whether they are public records that are subject to disclosure. inoluding Eleotronio Tracking Teohnology reoords. Additionally, the City may be required to produce information obtained from Electronic Tracking Technology pursuant to a court order, subpoena, or statute.
Employees shall not drive City vehicles when they are in unsafe mechanical condition.
Employees shall inspect their assigned vehicle before each tour of duty and immediately report any damage or mechanical failure to their supervisor.
SEC. 25004~6004 EMPLOYEE RESPONSIBILITIES
Employees are prohibited from altering or attempting to alter or disable Electronic Tracking Technology in City vehicles.
ACKNOWLEDGMENT
I acknowledge that I have received and read a copy of this policy.
Pursuant to this policy, I acknowledge that the City may monitor me as a driver and/or passenger in City-owned or leased vehicles via Electronic Tracking Technology, and that I do not have an expectation of privacy in the information that results from such monitoring. I further understand that information obtained from such tracking may be used to support disciplinary action against me.
This document will be retained in my personnel file for future reference.
Signature of Employee
Print Full Name of Employee
Date
Lactation Accommodation Electronic Tracking Technology Policy 36-2
890
Updated: October 19, 2016
DIVISION 37
NEPOTISM AND FRATERNIZATION POLICY
SEC. 26001~7001 PURPOSE
The purpose of this policy is to establish the nepotism and fraternization policy for the City of Los Banos ("City").
This policy is intended to avoid conflicts of interest between work-related and personal/family obligations; reduce favoritism or even the appearance of favoritism; prevent personal/family conflicts from affecting the workplace; and decrease the likelihood of sexual harassment and/or gender discrimination in the workplace.
SEC. 26002~7002 DEFINITIONS
The following definitions apply to each section of this Policy.
A. A "romantic and/or sexual relationship" exists when two City employees become personally involved with each other to the point that there is dating, exchange of personal affection, sexual or physical intimacy and/or cohabitation.
B. The term "dating" includes but is not limited to one or more social meetings under circumstances that may lead to exchange of personal affection, and sexual or physical intimacy.
C. "A social meeting" occurs when co-employees gather for purposes not related to work for the City.
D. "Cohabitation" applies to those employees who live together, share room and board or share custody, guardianship or parentage of a childsife....QI children, without being married to one another.
E. A "significant other" means a relationship between an employee of the City and another individual as defined herein in (a), (b), (c) and/or (d) and elsewhere in the policy.
SEC. 26003~7003 FRATERNIZATION
A. Romantic Relationships Between Supervisors and Subordinate Employees Are Prohibited.
Public trust, safety and City morale require that employees avoid the appearance of a conflict between their professional responsibilities and any involvement that they may have in a romantic or sexual relationship with other City employees. In order to promote efficient operation of the City and to avoid misunderstandings, complaints of favoritism, other problems of supervision, security, morale, and possible claims of sexual harassment and/or gender based discrimination, romantic and/or sexual relations between supervisors and subordinate employees are prohibited.
Lactation AccommodationNepotism and Fraternization Policy 37-1
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Updated: October 19, 2016
B. Romantic Relationships Between Co-Employees In The Same Department Are Prohibited
Public trust, safety and City morale require that employees avoid relations, which may negatively impact the efficient operation of the City. In order to promote efficient operation of the City and to avoid formation of cliques and factions, claims of sexual harassment and gender based discrimination, and the blurring of professional and personal responsibilities and relationships in the workplace, romantic and/or sexual relationships between co-employees in the same Department are prohibited.
C. Enforcement
The City reserves the right to investigate situations in the workplace when it has reasonable cause to believe that to determine 11.ihether a romantic and/or sexual relationship exists and therefore presents a possible violation of this Policy. If the City determines that a proscribed relationship (as defined by this policy) exists, remedial and/or disciplinary measures, including but not limited to a transfer, reassignment, or dismissal, shall be utilized to mitigate issues that arise relevant to the enforcement of this policy.
1. The City retains the right to refuse to place employees engaged in relationships prohibited by this policy in the same department where it has the potential for creating adverse impact on supervision, safety, security or morale or involves potential conflicts of interest.
2. In order to implement such policies, and where the above circumstances exist and mandate that employees shall not work in a prohibited relationship, the City will attempt to transfer one party to the proscribed relationship to a similar classified position in another City Department, should such a position exist, be available, and should the employee possess the skills and qualifications necessary to perform the essential duties of the position.
Although the wishes of the involved parties as to which will be transferred will be given consideration by the City, the controlling factor in determining who is to be transferred shall be the positive operation and efficiency of the City. If any such transfer results in a reduction in salary or compensation, applicable and legally required due process procedures shall be applied.
3. In lieu of a transfer from one department to another, or in situations where no similar counterpart classification exists to which an employee in a proscribed relationship can be transferred, that employee may continue to be employed within the same City department subject to approval by the Department Director and the City Manager or his/hertheir designee.
However, any such continuing employment is predicated upon both subject employees not reporting to the same immediate supervisor; not being supervised by each other; not working the same shift at the same work site; or, Lactation AccommodationNepotism and Fraternization Policy 37-2
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Updated: October 19, 2016
otherwise becoming involved in a work environment having the potential for adverse impact on supervision, safety, security or morale.
4. If continuing employment of employees engaged in proscribed relationships prohibited by this Policy cannot be accommodated consistent with the City's interest in promotion of safety, security, morale and efficiency, then the City retains sole discretion to separate one of the parties from City employ. Absent resignation by one affected employee, the less senior, in terms of overall City service, of the involved employees shall be subject to separation. In the event of separation, applicable and governing due process procedures shall be applied.
The provisions of this fraternization policy are not applicable to individuals employed by the City on or before June 15, 2016 in their current state of marriage or non-marriage.
As such, a change in the status quo of a marital status/cohabitation, etc. existing on or before June 15, 2016 of any current employee, will result in the applicability of this policy. Furthermore, those employees in a relationship in existence on or before June 15, 2016 are still subject are subject to all other rules of conduct under existing City policies and procedures including all other rules prohibiting conduct that negatively impacts the workplace, and may be subject to employment-related actions for violating any other rule of conduct. any and all employment related actions by the City, which are permissible pursuant to existing City policies and procedures to address conduct .1hieh is negatively impacting the 1.vork environment.
SEC. 37004 NEPOTISM
It is an express finding of the City that the situation specified in this Section, the employment of relatives as that term is defined herein, is contrary to appropriate City goals of safety and efficiency. The purpose of this section is to define those specific circumstances and to delineate the manner in which such employment issues will be addressed.
For purposes of this policy, "relative" means spouse, child, step-child, parent, step-parent, grandparent, grandchild, brother, sister, step-brother, step-sister, aunt, uncle, niece, nephew, parent-in-law, brother-in-law, sister-in-law, legal guardian and/or significant other as defined herein and in the fraternization policy, and/or any other individual related by blood or marriage living in the same household as the City employee.
An employee is defined as any person who receives a City payroll check for services, full or part time, rendered to the City.
Relatives of employees shall not be employed in the same department of such a relative at any time by the City as further proscribed below.
City employees who are related as defined herein as of the effective date of this Policy shall not be affected in their current job status except when the City Manager or Lactation AccommodationNepotism and Fraternization Policy 37-3
893
Updated: October 19, 2016
his/hertheir designee determines that the circumstances of that employment raises an undue hardship upon the other employees within the particular work unit and that that employment is detrimental to the supervision, safety, security and/or morale of the particular work unit.
It is found by the City that a business purpose exists and dictates that a prohibition on employment of relatives within City departments is essential to safety and efficiency when such employment result in any of the following:
• A supervisor-subordinate relationship
• The employees having job duties, which authorize performance of shared duties on the same or related work assignment
• Both employees being under the jurisdiction of the same immediate supervisor • An adverse impact on supervision, safety, security and/or morale SEC. 37005 EFFECT OF POST-EMPLOYMENT MARRIAGE OR CREATION OF OTHER "RELATIVE" STATUS OF CITY EMPLOYEES
A. Principles.
In determining rules and regulations governing the employment of City employees who become related, as defined herein, after commencement of City employment, the City is guided by the principles enunciated in the California Fair Employment and Housing Act, which prohibits discrimination on the grounds of marital status.
However, the Act and the Regulations authorize restrictions upon married City employees (or upon people deemed related as a result of marriage [i.e., in-laws]) for business reasons of supervision, safety, security or morale.
The City may refuse to place one spouse or other relative under the direct supervision of another spouse or other relative, and may refuse to place both spouses or other relatives in the same department, division or facility if the work involves potential conflicts of interest or other hazards greater for married couples or other relatives than for other persons. (2 Cal.Admin. Code, Section 7292.5; Government Code Section 12940(a)(3)).
B. Definitions.
With the above principles being recognized, the City determines that "marital status" is defined as an individual's state of marriage, non-marriage, divorce or dissolution, separation, widowhood, annulment, or other marital state for purpose of this policy.
Further, a "spouse" is defined as a partner in marriage.
C. Restrictions.
Lactation .A.ccommodationNepotism and Fraternization Policy 37-4
894
Updated: October 19, 2016
The City retains the right to refuse to place one spouse or other relative under the direct supervision of the other spouse where there is a potential for creating adverse impact on supervision, safety, security or morale.
The City retains the right to refuse to place both spouses or other relatives in the same department where it has the potential for creating adverse impact on supervision, safety, security or morale or involves potential conflicts of interest.
D. Required Action.
In order to implement these policies, and where the above circumstances exist and mandate that two spouses or other relatives shall not work in a prohibited relationship, the Human Resources Department will attempt to do any of the following:
1. Attempt to redefine the job responsibilities of the related employees within the Department to minimize the conflict;
2. If the redefinition of job status is not feasible, will attempt to transfer one spouse or other relative to a similar classified position in another City department; or ~ Although the wishes of the involved parties as to which spouse or other relative is to be transferred will be given consideration by the City, the controlling factor in determining who is to be transferred shall be operational aR efficienQLt of the City.
a-Llf any such transfer results in a reduction in salary or compensation, the transfer shall not be considered disciplinary in nature and shall not be the subject of any form of administrative appeal.
3. In lieu of a transfer from one department to another, or in situations where no similar counterpart classification exists to which a spouse or other relative can be transferred, the City may request the voluntary resignation of one of the employees.
If one of the employees does not voluntarily resign, the employee with the least employment experience/service with the City may be discharged by the City Manager.
4. Married or other related employees may continue to be employed within the same City department subject to approval by the Department Director and the City Manager or his/hertheir designee. However, any such continuing employment is predicated upon both spouses or other similarly situated relative as defined in this Policy not reporting to the same immediate supervisor, not being supervised by each other, not working the same shift at the same work site; or, otherwise becoming involved at a work environment having the potential for adverse impact on supervision, safety, security or morale.
Lactation AccommodationNepotism and Fraternization Policy 37-5
895
Updated: October 19, 2016
It is the duty of all involved employees that are in a situation prohibited under this policy to immediately notify their supervisor either in person or through the chain of command that a situation exists in which the involved employee may be in violation of this policy. The City reserves the right to reasonably investigate the situation and determine whether the employee has violated this policy.
Lactation AccommodationNepotism and Fraternization Policy 37-6
896
Updated: October 19, 2016
DIVISION 38
SMOKE-FREE AND TOBACCO-FREE WORKPLACE
The City of Los Banos is a smoke-free and tobacco-free environment. which prohibits the use of all tobacco products including. but not limited to cigarettes, e-cigarettes, vaping, cigars, pipes. and smokeless (including chewing) tobacco. Smoking, including e-cigarettes and vaping, is also prohibited by California state law in all enclosed places of employment and owner-operated businesses.
Smoking and use of all tobacco products is prohibited in all City leased or owned offices, buildings, and enclosed places of employment. including, but not limited to: City leased or owned vehicles: City leased or owned offices, buildings and facilities; open office areas; private offices; shared offices: cubicles: lounges; lobbies: waiting rooms; break rooms; workrooms; restrooms; elevators: and stairwells. It also includes the common areas of covered parking lots and residential spaces, such as lobbies, lounges, waiting areas, elevators, stairwells. and restrooms of those places.
Smoking is also prohibited in any outdoor area within 20 feet of a main exit. entrances, or operable window of a public building. Employees are also prohibited from smoking and using tobacco products at any City job site where they are required to be as part of their employment, whether indoors or outdoors.
This policy must be observed at all times by all employees and visitors. All visitors found in violation of this policy will be asked to leave City premises.
Employees who do not observe this "Smoke-Free and Tobacco-Free Workplace" policy may be subject to disciplinary action up to and including termination of employment. [Authority: Government Code §§ 7596-7598; Labor Code § 6404.5.] Lactation AccommodationSmoke Free and Tobacco Free Workplace 38-1
897
DIVISION 39
LACTATION ACCOMMODATION
Updated: October 19, 2016
The City will provide a reasonable amount of break time to accommodate any employee desiring to express breast milk for the employee's infant child each time the employee has a need to express milk. The break time shall, if possible, run concurrently with any break time already provided to the employee. If the employee takes lactation breaks at times other than their provided break times, then the lactation break shall be unpaid or the employee may choose to use accrued leave.
Those desiring to take a lactation break at times other than their provided break times must notify a supervisor prior to taking such a break. Breaks may be reasonably delayed if they would seriously disrupt operations. Once a lactation break has been approved , the break should not be interrupted except for emergency or exigent circumstances.
The City will provide a room or other appropriate location in close proximity to the employee's worksite, that is not in a bathroom, to express milk in private. The City will provide a room or location in close proximity to the employee's work area that is shielded from view and free from intrusion while being used for expressing milk. The room or location will also meet the following requirements:
• Be shielded from view and free from intrusion while being used to express milk:
• Be safe, clean, and free of hazardous materials:
• Contain a surface on which to place a breast pump and personal items:
• Contain a place to sit: and
• Have access to electricity needed to operate an electric battery-powered breast pump.
An employee occupying such a private area shall either secure the door or otherwise make it clear to others through signage that the area is occupied and should not be disturbed.
All other employees should avoid interrupting an employee during an authorized break under this section, except to announce an emergency or other urgent circumstance.
The City will provide access to a sink with running water and a refrigerator, or other cooling device, suitable for storing milk in close proximity to the employee's work area.
An employee may make a request for lactation accommodation, either orally or in writing, to the Human Resources Director or designee.
Following receipt of a request for lactation accommodation, the City will provide a timely written response to the employee in which the City will indicate if it is unable to provide the requested break time or a requested location for the purposes of expressing breast milk.
The City encourages any employee who does not believe that the City is providing them with an appropriate lactation accommodation as required by state law to inform the Human Resources Director or designee.
Lactation Accommodation
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Updated: October 19, 2016
An employee who does not believe that the City is providing them with an appropriate lactation accommodation as required by state law has the right to file a complaint with the California Division of Labor Standards Enforcement/Labor Commissioner. Their nearest offices are listed in the government section of the telephone book. (Authority: Labor Code Sections 1030-10341
Lactation Accommodation
39-2
899
Updated: October 19, 2016
DIVISION 40
PROTECTION FROM WILDFIRE SMOKE
Pursuant to CalOSHA regulations (2 CCR section 5141.1 ), the City provides the following information:
SEC. 40001 HEAL TH EFFECTS OF WILDFIRE SMOKE
Although there are many hazardous chemicals in wildfire smoke, the main harmful pollutant for people who are not very close to the fire is "particulate matter," the tiny particles suspended in the air.
Particulate matter can irritate the lungs and cause persistent coughing. phlegm, wheezing, or difficulty breathing. Particulate matter can also cause more serious problems, such as reduced lung function, bronchitis. worsening of asthma, heart failure, and early death.
People over 65 and people who already have heart and lung problems are the most likely to suffer from serious health effects.
The smallest -and usually the most harmful -particulate matter is called PM2.5 because it has a diameter of 2.5 micrometers or smaller.
SEC. 40002 RIGHT TO OBTAIN MEDICAL TREATMENT
The City encourages employees who show signs of injury or illness due to wildfire smoke exposure to seek medical treatment. Affected employees will not be subject to reprisal for seeking such treatment. In the event of serious injury or illness caused by wildfire smoke exposure, the employee should seek immediate assistance from emergency medical providers. or the City's designated medical facility if emergency assistance is not required.
SEC. 40003 OBTAINING CURRENT AIR QUALITY INDEX (AQI) FOR PM2.5.
Various government agencies monitor the air at locations throughout California and report the current AQI for those places. The AQI is a measurement of how polluted the air is. An AQI over 100 is unhealthy for sensitive people and an AQI over 150 is unhealthy for everyone.
Although there are AQls for several pollutants, Title 8, section 5141.1 regarding wildfire smoke only uses the AQI for PM2.5.
The easiest way to find the current and forecasted AQI for PM2.5 is to go to www.AirNow.gov and enter the zip code of the location where you will be working. The current AQI is also available from the U.S. Forest Service at https://tools.airfire.org/ or a local air district, which can be located at www.arb.ca.gov/capcoa/dismap.htm. Employees who do not have access to the internet can contact the City for the current AQI. The EPA website www.enviroflash.info can transmit daily and forecasted AQls by text or email for particular cities or zip codes.
SEC. 40004 PROCEDURES FOR ADDRESSING WILDFIRE SMOKE
Protection from Wildfire Smoke
40-1
900
Updated: October 19, 2016
If employees may be exposed to wildfire smoke, the AQI applicable to the worksite will be obtained by the supervisor. If the current AQI for PM2.5 is 151 or more, the supervisor is required to:
A. Check the current AQI before and periodically during each shift.
B.
C.
D.
Provide training to employees.
Lower employee exposures.
Provide respirators and encourage their use.
SEC. 40005 THE CITY'S COMMUNICATION SYSTEM
Supervisors shall alert employees when the air quality is harmful and what protective measures are available to employees.
Supervisors shall encourage employees to inform them if they notice the air quality is getting worse, or if they are suffering from any symptoms due to the air quality, without fear of reprisal.
The City shall communicate with employees regarding the AQI through two-way radio, phone, text, e-mail or in person.
SEC. 40006 PROTECTING EMPLOYEES FROM WILDFIRE SMOKE
The City shall take action to protect employees from PM2.5 when the current AQI for PM2.5 is 151 or greater. Examples of protective methods may include:
A.
B.
C.
D.
E.
Locating work in enclosed structures or vehicles where the air is filtered.
Changing procedures such as moving workers to a place with a lower current AQI for PM2.5.
Reducing work time in areas with unfiltered air.
Increasing rest time and frequency, and providing a rest area with filtered air.
Reducing the physical intensity of the work to help lower the breathing and heart SEC. 40007 USE OFA RESPIRATOR WHEN EXPOSED TO WILDFIRE SMOKE Respirators can be an effective way to protect employee health by reducing exposure to wildfire smoke, when they are properly selected and worn. Respirator use can be beneficial even when the AQI for PM2.5 is less than 151 , to provide additional protection.
When the current AQI for PM2.5 is 151 or greater, the City shall provide employees with proper respirators for voluntary use. If the current AQI is greater than 500, respirator use is required.
A respirator should be used properly and kept clean.
A. The following precautions shall be taken:
1. Respirators will be certified for protection against the specific air contaminants at the workplace by the National Institute for Occupational Safety and Health of the Protection from Wildfire Smoke
40-2
901
B.
Updated: October 19, 2016
U.S. Center for Disease Control and Prevention (NIOSH). A label or statement of certification should appear on the respirator or respirator packaging listing what the respirator is designed for (e.g., particulates). Surgical masks or items worn over the nose and mouth such as scarves, T-shirts, and bandannas will not provide protection against wildfire smoke. An N95 filtering facepiece respirator, shown in the image below, is the minimum level of protection for wildfire smoke.
2. Supervisors and employees shall read and follow the manufacturer's instructions on the respirator's use, maintenance, cleaning and care, along with any warnings regarding the respirator's limitations. The manufacturer's instructions for medical evaluations, fit testing, and shaving should also be followed, although doing so is not required by Title 81 section 5141.1 for voluntary use of filtering facepiece respirators.
3. Employees shall not wear respirators in areas where the air contains contaminants for which the respirator is not designed. A respirator designed to filter particles will not protect employees against gases or vapors, and it will not supply oxygen.
4. Employees should keep track of their respirator so that they do not mistakenly use someone else's respirator.
5. Employees who have a heart or lung problem should ask their doctor before using a respirator.
Proper Wear, Use and Maintenance of Respirators
To get the most protection from a respirator, there must be a tight seal around the face. A respirator will provide much less protection if facial hair interferes with the seal. Loose-fitting powered air purifying respirators may be worn by people with facial hair since they do not have seals that are affected by facial hair.
The proper way to put on a respirator depends on the type and model of the respirator.
For those who use an N95 or other filtering facepiece respirator mask that is made of filter material:
1. Place the mask over the nose and under the chin , with one strap placed below the ears and one strap above.
2. Pinch the metal part (if there is one) of the respirator over the top of the nose so it fits securely.
Protection from Wildfire Smoke
40-3
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Updated: October 19, 2016
For a respirator that relies on a tight seal to the face, check how well it seals to the face by following the manufacturer's instructions for user seal checks. Adjust the respirator if air leaks between the seal and the face. The more air leaks under the seal, the less protection the user receives.
Respirator filters should be replaced if they get damaged, deformed, dirty, or difficult to breathe through. Filtering facepiece respirators are disposable respirators that cannot be cleaned or disinfected. A best practice is to replace filtering facepiece respirators at the beginning of each shift.
If you have symptoms such as difficulty breathing, dizziness, or nausea, go to an area with cleaner air, take off the respirator, and get medical help.
Protection from Wildfire Smoke
40-4
903
Updated: October 19, 2016
DIVISION 41
MOBILE DEVICE ACCEPTABLE USE POLICY
SEC. 41001 PURPOSE
This policy addresses the actions that must be taken by all City of Los Banos employees who have a city-issued laptop/device.
SEC. 41002 ENCRYPTION FOR LAPTOPS
City issued laptops and their drives must be secured and encrypted by the IT Department before being issued.
SEC. 41003 RECOVERY KEYS
Recovery Keys will be stored by IT and used only by IT personnel to access and decrypt user's laptop drive.
SEC. 41004 PROCEDURES FOR LAPTOP AND MOBILE DEVICE PHYSICAL
SECURITY
Each employee provided with a laptop/device by the IT Department is responsible for the physical security of the laptop/device. All laptops/devices acquired for or on behalf of the City of Los Banos are deemed to be city property.
All employees must take the following actions to ensure the physical security of laptops/devices:
■ When not in use, the laptop/device must be locked with a password and caution taken when entering any company passwords on the laptop. ■ Store the laptop/device in a locked cabinet or desk when not in use. ■ Do not leave your laptop/device in your vehicle.
■ When using the laptop in public areas, do not leave the laptop/device unattended for any length of time.
During travel:
■ Do not pack your laptop/device in checked luggage.
■ Attach a name tag or business card to your laptop to easily identify it during security checks or if lost.
■ Store the laptop in a hotel room safe or locked suitcase when you are not in the room.
SEC. 41005 POLICY VIOLA TIO NS
Mobile Device Acceptable Use Policy
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904
Updated: October 19, 2016
Violation of this policy may be grounds for disciplinary action up to and including termination of employment. If an employee's laptop/device is lost or stolen due to the employee's gross negligence or deliberate misconduct, the employee will be responsible for the cost of replacing the laptop/device.
Please sign below to indicate receipt of the laptop security policy and to authorize the deduction of wages if the laptop is lost or stolen due to the employee's gross negligence or deliberate misconduct.
Employee Declaration
I, ____________ , have read and understand the above The City of Los Banos Mobile Device Acceptable Use Policy, and consent to adhere to the rules outlined therein.
Mobile Device Acceptable Use Policy
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905
Updated: March 7, 2012
Employee Acknowledgment Form
The City of Los Banos ("City") Personnel Rules contain the policies, philosophies, practices and benefits of the City. As a condition of employment. all employees are required to read , understand, and request necessary clarification of these Policies.
Each employee is required to sign a statement of receipt acknowledging that: a) they have received a copy, or has been provided access to the Rules; and b) understands that they are responsible to read and become familiar with the contents and any revisions to the Rules.
PLEASE READ THIS DOCUMENT CAREFULLY. Upon completion of your review, please sign the statement below and return it to the Human Resources Director or designee within five (5) workdays. A reproduction of this acknowledgement appears at the back of this handbook for your records.
My signature below indicates that I have received, read and understand the City Personnel Rules. I agree to comply with all the City policies, procedures and programs found in the City Personnel Rules and subsequent revisions or updates, which will be communicated by the Human Resources Director. I understand and agree that these policies do not create any contract right nor any express or implied contract of employment. The City retains the full discretion to modify these Policies at any time in accordance with law.
Any questions regarding the interpretation of any material within this manual should be directed to the Human Resources Director or designee.
An official current copy of this manual will be posted to the City intranet for employee review and consultation.
Employee signature Date
Employee Acknowledgement
2a-1
906
EXHIBIT B
SUMMARY OF COMPENSATION AND
TERMS OF EMPLOYMENT
FOR
CITY OF LOS BANOS
UNREPRESENTED EMPLOYEES
November 5, 2025
907
SUMMARY OF COMPENSATION
CITY OF LOS BANOS UNREPRESENTED EMPLOYEE GROUP
TABLE OF CONTENTS
I. GENERAL PROVISIONS ........................................................................................................................ 3 II. PAY RATES AND SPECIAL INCENTIVE PAY ........................................................................... 4 Ill. BENEFIT ELIGIBILITY ........................................................................................................................... .. 9 IV. HEAL TH AND WELFARE BENEFITS PROVIDED TO ALL UNREPRESENTED FULL-TIME EMPLOYEES ..................................................................................................... ............... 10 V. RETIREMENT PROGRAM ................................................................................................................... 15 VI. RETIREE MEDICAL ................................................................................................................................ 16 VII. MISCELLANEOUS BENEFITS AND PAID LEAVES ............................................................. 18
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I. GENERAL PROVISIONS
The purpose of this Resolution is to describe and authorize compensation, employee benefits, and terms of employment for unrepresented employees in the following job classifications:
Full Time Classifications
Non-Supervisor Unrepresented
Animal Shelter Attendant
Code Enforcement Officer
Crime Analyst
Police Trainee
Property Evidence Technician
Confidential
Human Resources Analyst
Assistant City Clerk/Records Coordinator
HR Technician I
Supervisors/ Coordinators
Public Safety Dispatch Supervisor
Fleet Maintenance Coordinator
Foreman
Public Works Supervisor
Recreation Supervisor
Water Quality Specialist
Middle Management Employees (Managers/ Assistant Department Heads) Assistant City Engineer
Assistant Fire Chief
Assistant Public Works Director
Battalion Chief
City Engineer
Facilities Manager
Finance Manager
Housing Program Manager
Parks & Recreation Operations Manager
Public Works Operations Manager
Senior Planner
Management Employees (Department Heads/ Executive)
Assistant City Manager
Community & Economic Development Director
Finance Director
Fire Chief
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Human Resources Director
Parks & Recreation Director
Police Chief
Public Works Director
Public Works Director/City Engineer
Part Time Classifications
Admin Clerk - Part Time
Code Enforcement Officer - Part Time
Community Services Officer- Part Time
Custodian - Part Time
Dispatcher - Part Time
Firefighter - Part Time
Maintenance Worker - Part Time
Police Officer - Part Time
Recreation Assistant - Part Time
The provisions of the resolution shall continue and remain in full force and effect until such time as any modifications or amendments are approved by the City Council.
This resolution does not create any contractual right, or any express or implied contract of employment. The City of Los Banos retains the full discretion to modify this resolution at any time in accordance with law.
11. PAY RATES AND SPECIAL INCENTIVE PAY
A. Salaries
Current salary schedules are reflected in Appendix A.
B. Overtime Compensation:
All eligible Regular FLSA Non-Exempt Employees shall be entitled to Overtime Compensation in accordance with the guidelines set forth in the City of Los Banos Overtime compensation Policy; Division 16, Section 16006.
1. Work Schedule and Overtime for Battalion Chiefs: Shifts for 56-hour Battalion Chiefs will be designated "A," "B," and "C." Each working shift will be forty-eight (48) hours' duration. Shifts will commence at 0800 hours (8:00 am) and terminate at 0800 hours (8:00 am), 48 hours later.
The applicable work period for purposes of determining Fair Labor Standards Act (FLSA) overtime will be a one-hundred eighty-two (182) hour, twenty-four (24) day work period. For record-keeping purposes, one recent
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24-day 7(k) work period began at 12:01 am on March 21, 2024. Employees on the 182 hour/24-day work period will receive premium overtime compensation at the rate of one and one-half (1.5) times their "regular rate of pay," for all time worked in excess of 182 hours worked in a 24-day work period. The overtime premium for hours between 182 and 192 is half time because the employee's regular pay is intended to compensate him or her for 192 hours of straight time.
C. Compensatory Time Off:
All eligible Regular FLSA Non-Exempt Employees shall, at their choice, be permitted to accrue Compensatory Time Off (CTO) in lieu of receiving overtime pay for hours worked in excess of normal duty assignments. See City of Los Banos Compensatory Time Off Policy for specific guidelines governing this practice; Division 16, Section 16006.
Eligible Employees may, at their discretion, accumulate a maximum of eighty (80) hours of Compensatory Time in lieu of being paid overtime. Battalion Chiefs are permitted to accumulate a maximum of one hundred sixty (160) hours of CTO. All overtime worked in excess of the allowable Compensatory Time accumulation will automatically be paid as salary.
Eligible employees may cash out CTO annually up to eighty (80) hours per year under the following conditions: Annually, no later than December 15th, employees may submit an irrevocable election form to Human Resources to receive payment of an elected amount of earned, unused CTO in payments on December 5th of the next calendar year. Employees who do not submit irrevocable election forms by the December 15th due date will have been deemed to have elected to forgo participation in the optional annual CTO cash out program.
Cash out of CTO hours will be paid by separate check upon request.
D. Notary Public Pay
1. Certain employees shall be entitled to receive the following compensation when they have been awarded and hold a Notary Public Certificate issued by the State of California, Department of Secretary of State; one hundred dollars ($100.00) per month.
2. Effective May 1, 2025, the number of persons will be limited to the following departments: one (1) from Community & Economic Development, two (2) from Administration, and one (1) from Public Works.
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3. Employees receiving the Notary Public Certificate Pay will be required to notarize documents when requested by the public or City staff during normal business hours.
E. Municipal Clerk Certification Pay
All City employees shall be entitled to receive the following compensation when they have been awarded a Certified Municipal Clerk (CMC) or Master Municipal Clerk (MMC) Certificate and Designation from the International Institute of Municipal Clerks (IIMC); one hundred dollars ($100.00) per month. Municipal Clerk Certification Pay is limited to positions in which the certification will enhance the employee's ability to perform their job duties, as determined by the Department Head and subject to Department Head advance approval.
F. Project Management Professional Certification Pay
Effective May 1. 2025. City employees shall be entitled to receive certificate pay of one hundred dollars ($100) per month when they have been awarded and hold a current Project Management Professional Certificate. Project Management Professional Certificate Pay is limited to positions in which the certification will enhance the employee's ability to perform their job duties, as determined by the Department Head and subject to Department Head advance approval.
G. Peace Officer Standards and Training (P.O.S.T.) Certificate Incentive Pay - Unrepresented Sworn personnel
Employees who have been approved by the Chief of Police, and also including the Chief of Police, will be entitled to receive the following compensation when they have been awarded and hold the specified California Commission on Peace Officer Standards and Training Certificate as follows:
1. One hundred fifty dollars ($150) per month for a P.O.S.T. Intermediate Certificate, or
2. Four hundred dollars ($400) per month for a P.O.S.T. Advanced Certificate, or
3. Five hundred dollars ($500) per month for a P.O.S.T. Supervisory Certificate.
H. Peace Officer Standards and Training (P.O.S.T.) Certificate Incentive Pay - Unrepresented Non-Sworn personnel
Employees who have been approved by the Chief of Police will be entitled to receive the following compensation when they have been awarded and hold
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the specified California Commission on Peace Officer Standards and Training Certificate as follows:
1. Seventy-five dollars ($75) per month for a P.O.S.T. Intermediate Dispatcher Certificate, and
2. One hundred dollars ($100) per month for a P.O.S.T. Public Safety Dispatcher Supervisory Certificate, and
3. One hundred dollars ($100) per month for a P.O.S.T. Records Supervisor Certificate
P.O.S.T. Certificate Incentive Pay for unrepresented non-sworn personnel will not exceed two hundred seventy-five dollars ($275) per month for any combination of the above.
I. Certificate Pay/Water and Wastewater Division Employees
1. Effective May 1, 2025, Public Works employees shall be entitled to receive the following compensation when they have been awarded and hold the specified certificate issued by the State of California, Department of Health Services Water/Wastewater Treatment; a) one hundred dollars ($100.00) per month for Grade II, and b) fifty dollars ($50.00) per month for Grade I.
2. Effective May 1, 2025, Public Works employees shall be entitled to receive the following compensation when they have been awarded and hold the specified certificate issued by the State of California, Department of Health Services Water Distribution; a) fifty dollars ($50.00) per month for Grade 11, and b) one hundred dollars ($100.00) per month for Grade Ill.
3. Effective May 1, 2025, Employees holding these certificates may be simultaneously compensated for; a) Water Treatment and Water Distribution Certificates, orb) Wastewater Treatment and Water Distribution Certificates. Employees holding these certificates shall not be simultaneously compensated for Water Treatment and Wastewater Treatment certificates.
4. Effective May 1. 2025, Compensation shall not exceed three hundred dollars ($300.00) per month for any combination of certificates.
5. In order to continue to receive this benefit certified employees will be required to submit proof of re-certification to the City Manager as soon as it is issued.
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J. Heavy/Special Equipment Operator Differential Pay
1. Effective May 1, 2025 City employees in the Solid Waste Division who are routinely and consistently assigned to operate the Street Sweeper will receive fifty-eight cents ($0.58) per hour as Heavy/Special Equipment Operator differential pay for time actually worked in the Sweeper assignment.
2. Effective May 1, 2025, City employees in the Utilities Division who are routinely and consistently assigned to operate the Vactor Truck will receive fifty-eight cents ($0.58) per hour as Heavy/Special Equipment Operator differential pay for time actually worked in the Vactor Truck assignment.
3. Eligible employees are required to report time spent operating the Sweeper and Vactor Truck on their time cards in order to receive differential pay.
4. Short term assignments will be made by the Foreman. The pay will not apply to individuals assigned to operate the Street Sweeper or Vactor Truck on an occasional and sporadic basis. This agreement will not preclude the City from occasionally assigning a Foreman to operate the Street Sweeper or Vactor Truck on an occasional and sporadic basis
K. Refuse Collection Pay
Effective May 1. 2025, City employees assigned to Encampment Cleanup duty will receive three dollars ($3.00) per hour for time actually worked in Encampment Cleanup. Assignments will be made by management; however, volunteers will be taken into account and assigned where feasible based on operational needs. Management reserves the right to remove volunteers from the assignment for operational reasons.
L. Applicator Certificate & License Pay/Parks & Streets Division Employees
1. Parks & Streets Division employees shall be entitled to receive the following compensation when they have been awarded and hold the specified certificates or license as issued by the State of California, Department of Pesticide Regulation; a) fifty dollars ($50.00) per month for Pesticide License, b) twenty-five dollars ($25.00) per month for a Qualified Applicator Certificate, and c) twenty-five dollars ($25.00) per month for each additional category endorsement, maximum three (3) categories will be allowed and/or compensated for.
2. Employees holding these certificates and/or licenses can be compensated for a) Qualified Applicator License orb) Qualified Applicator Certificate. In no case shall the employee be compensated for both. Category
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compensation shall be limited to the following categories, B-Landscape Maintenance, C-Right of Way, D-Plant Agriculture, F-Aquatic, K-Health Related.
3. Compensation shall not exceed one hundred dollars ($100.00) per month for any combination of licenses/certificates.
4. In order to remain eligible for compensation, Certificated/Licensed employees shall be required to submit proof of certificate or license to the Human Resources Director and department head as soon as it is issued.
In addition employees shall be required to maintain their licenses and/or certificates as required by the State of California Department of Pesticide Regulation in order to be eligible for continued compensation. Proof of current valid licenses or certificates shall be submitted annually.
M. Arborist Certificate Pay
Certain Public Works and Parks & Recreation employees shall be entitled to receive the following compensation when they have been awarded and hold an Arborist Certificate issued by the International Society of Arboriculture; two hundred dollars ($200.00) per month.
N. State of California Firefighter Certificates
Effective the first pay period following City Council approval of this summary of compensation in 2025, Unrepresented Fire Personnel who have been approved by the Fire Chief, and the Fire Chief, will be entitled to receive the following compensation when they have been awarded and hold the specified State of California Firefighter Certificates as follows:
• Seventy-Five Dollars ($75) per month for a Firefighter II - Certificate, and • Two Hundred Twenty-Five Dollars ($225) per month for a California State Company Officer Certificate
Firefighter Certificate Incentive Pay for unrepresented sworn personnel will not exceed Three Hundred Dollars ($300) per month in Certificate Pay.
Ill. BENEFIT ELIGIBILITY
A. Fringe Benefits Defined
As used in this Resolution, the term "Fringe Benefits" shall be construed to mean those specified rights, privileges, and payments provided by the City to an entitled employee as supplemental compensation above their base salary.
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B. Entitled Employees Defined
For the purposes of this Division, the term "Entitled Employee" refers to those persons who are employed in Regular (full-time) capacity with the City of Los Banos.
C. Establishment of Fringe Benefits
The Fringe Benefit Package for entitled employees is established by City Council Resolution for each fiscal year (July 1 - June 30) of the City.
D. Part-time Employees
Part-time, Provisional, and Volunteer Employees shall not be entitled to Fringe Benefit Compensation, except when such benefits are being provided by the City in accordance with: a) the requirements of a Federal or State Law, b) a written contractual agreement approved by the City, or c) a Memorandum of Understanding (MOU) between a specific employee or employee group and the City.
HEAL TH AND WELFARE BENEFITS PROVIDED TO ALL UNREPRESENTED
FULL-TIME EMPLOYEES
A. Entitled Employees Defined
For the purposes of this Article Ill (Health and Welfare Benefits Provided to all Unrepresented Full-Time Employees), the term "Entitled Employee" refers to those persons who are employed in Regular (full-time) capacity in unrepresented classifications with the City of Los Banos.
B. Part-time Employees
Part-time, Provisional, and Volunteer Employees shall not be entitled to Fringe Benefit Compensation, except in accordance with the requirements of Federal or State Law or pursuant to a written contractual agreement approved by the City
If a Part-time employee is qualifying and elects health insurance coverage while employed with the City, the City shall contribute the following amounts toward the premiums for the cost of CalPERS health coverage for the employee and eligible dependents:
1. If the part-time employee qualifies as full-time employee under the Affordable Care Act under the method (monthly or look-back) chosen by the City for that position (e.g., by averaging at least thirty (30) hours of service per week or having one hundred thirty (130) hours of service a month during
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the measurement period), the City will contribute fifty percent (50%) of the lowest health plan premium; minus the PEMHCA minimum employer contribution toward monthly health insurance premium during the stability period;
2. If the part-time employee does not qualify as a full-time employee under the Affordable Care Act under the method (monthly or look-back) chosen by the City for that position (e.g., by averaging less than thirty (30) hours of service per week or having less than one hundred thirty (130) hours of service a month during the measurement period), the City will not contribute toward a health insurance premium during the stability period.
3. Effective July 1, 2015, if a Part-time employee is qualifying and elects health insurance coverage while employed with the City, the City shall contribute the following amounts toward the premiums for the cost of Cal PERS health coverage for the employee and eligible dependents:
a. The part-time employee qualifies as full-time employee under the Affordable Care Act under the method (monthly or look-back) chosen by the City for that position (e.g., by averaging at least thirty (30) hours of service per week or having one hundred thirty (130) hours of service a month during the measurement period)- fifty percent (50%) of the Blue Shield Access (HMO) premium; minus the PEMHCA minimum employer contribution toward monthly health insurance premium during the stability period;
b. The part-time employee does not qualify as a full-time employee under the Affordable Care Act under the method (monthly or look-back) chosen by the City for that position (e.g., by averaging less than thirty (30) hours of service per week or having less than one hundred thirty (130) hours of service a month during the measurement period) - No contribution will be made toward a health insurance premium during the stability period.
C. Medical Insurance Benefits
The City will contract with the California Public Employees Retirement System (CalPERS) for the purpose of providing employees with medical insurance benefits. The City's maximum monthly contribution for each eligible active employee for the purchase of medical insurance will be equal to the minimum monthly employer contribution required under the Public Employees' Medical and Hospital Care Act (PEMHCA).
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D. Cafeteria Plan
The City will maintain a Cafeteria Plan, pursuant to Section 125 of the Internal Revenue Code, for the purpose of providing employees with access to various health and welfare benefits and to provide minimal essential coverage for medical insurance to employees and qualifying dependents. Benefits available through the Cafeteria Plan include, but are not limited to, medical insurance, flexible spending accounts for out-of-pocket medical expenses and dependent care, vision insurance, dental insurance, and life insurance benefits. The City agrees to provide a Cafeteria Plan Allowance to all employees eligible to participate in City-sponsored health benefits under Section A of this Article. Any tax consequences resulting from City contributions to the Cafeteria Plan are the sole responsibility of the employee.
The City Cafeteria Plan Allowance will be capped at the amounts listed below, and will not exceed the monthly premium for the plan at the level of coverage selected by the employee, plus the City's contribution to the City's dental, vision and life insurance plans.
Employee enrollment in dental insurance, vision insurance, and the basic life insurance (maximum $50,000 pay out) plans offered by the City is mandatory; enrollment of qualifying dependents in City-offered dental and vision insurance is optional.
Employees enrolled in City-offered CalPERS medical insurance plans are not eligible to receive cash for unused portions of the cafeteria plan allowance.
1. Tier One: For employees hired by the City before April 1, 2010 and enrolled in City-offered CalPERS medical insurance, and not represented by a Cityrecognized bargaining unit, the City will provide on a monthly basis, a Cafeteria Plan Allowance based on the employee's enrolled plan and level of health insurance coverage for medical, dental, vision, and basic life insurance ($50,000 pay out), up to the amounts listed. The City's contribution to medical, dental, vision, and life insurance (including the minimum PEMCHA contribution towards health) will not exceed the following amounts:
Medical Dental Vision Life
Employee Only $1,154 $100 $20 $10
Employee +1 $2,308 $100 $20 $10
Employee +2 or more $3,000 $100 $20 $10
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The City will pay minimum monthly employer contribution required under the Public Employees Medical and Hospital Care Act (PEMHCA) to CalPERS. This will be deducted from the Cafeteria Plan Allowance listed above.
2. Tier Two: For employees hired by the City on or after April 1, 2010, and enrolled in City-offered CalPERS medical insurance, and not represented by a City-recognized bargaining unit, the City will provide on a monthly basis, a Cafeteria Plan Allowance based on the employee's enrolled plan and level of health insurance coverage for medical, dental, vision, and basic life insurance ($50,000 pay out), up to the amounts listed. The City's contribution to medical, dental, vision, and life insurance (including the minimum PEMCHA contribution towards health) will not exceed the following amounts:
Effective January 1, 2025:
Medical Dental Vision Life
Employee Only $1,154 $100 $20 $10
Employee +1 $2,165 $100 $20 $10
Employee +2 or more $2,755 $100 $20 $10
Effective January 1, 2026:
Medical Dental Vision Life
Employee Only $1,154 $100 $20 $10
Employee +1 $2,270 $100 $20 $10
Employee +2 or more $2,860 $100 $20 $10
Effective January 1, 2027:
Medical Dental Vision Life
Employee Only $1,154 $100 $20 $10
Employee +1 $2,308 $100 $20 $10
Employee +2 or more $3,000 $100 $20 $10
4. Any increase to minimum monthly employer contribution under PEMHCA will result in a corresponding decrease in the employee's Cafeteria Plan Allowance.
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5. Cash In Lieu of Medical Insurance: Employees who opt out of participating in the group medical plans sponsored by the City, and who satisfy the City's requirements for an "eligible opt out arrangement" (see requirements in 5(a)-(f) below), will receive a Cafeteria Plan Allowance of four hundred dollars ($400) month, of which part must be used to enroll in mandatory life insurance, dental insurance and vision insurance coverage. Currently, proof of group medical coverage that is complaint with the ACA requires all of the following:
a. The employee must provide proof of minimum essential group health plan coverage through another source (other than coverage in the individual market, whether or not through Covered California). b. The proof of coverage must show that the employee and all individuals in the employee's expected tax family have (or will have) the required minimum essential coverage. An employee's expected tax family includes all individuals for whom the employee reasonably expects to claim a personal exemption deduction for the taxable year(s) that cover the employer's plan year to which the opt-out arrangement applies. c. The employee must provide reasonable evidence of the minimum essential coverage for the applicable period. Reasonable evidence may include an attestation by the employee.
d. The employee must provide the reasonable evidence/ attestation of minimum essential coverage for the applicable period every plan year. e. The reasonable evidence or attestation must be provided no earlier than a reasonable period before the effective date of coverage and may be required after the plan's effective date.
f. The opt-out payment cannot be made if the City knows or has reason to know that the employee or family member does not have the alternative coverage.
Dental, Vision, and Life Insurance: Employee enrollment in dental insurance, vision insurance, and the basic life insurance plans offered by the City is mandatory, including for employees who opt out of City health insurance plans.
Dental Vision Life
Employee Only $100 $20 $10
Employee +1 $100 $20 $10
Employee +2 or more $100 $20 $10
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Enrollment of qualifying dependents in City-offered dental insurance, vision insurance, and life insurance is optional.
For employees who opt out of City-provided medical insurance, City monthly contributions to dental, vision and life insurance (maximum $50,000 pay out plan) will be based on the employee's enrolled plan. City contributions will not exceed the amounts listed above.
6. If at any time any provision of Federal law or regulation would impose greater financial cost or penalties on the City above and beyond the City's agreed upon contribution for its unrepresented employees' cafeteria plan, the City may make changes to the cafeteria plan that are needed to ensure that such additional cost or penalties are avoided.
V. RETIREMENT PROGRAM
A. Miscellaneous Employees:
1. Tier One Miscellaneous Pension (Classic): Regular miscellaneous employees, hired before January 1, 2011 will receive a Cal PERS retirement benefit based on the 2. 7% @ 55 formula as set forth in Cal PERS regulations. The City shall pay the full share of the employer contribution to CalPERS. The employee will be responsible to pay the employee contribution to the CalPERS 2.7%@ 55 Plan.
2. Tier Two Miscellaneous Pension (Classic): Regular miscellaneous employees, hired on or after January 1, 2011, who qualify as "classic" employees under CalPERS law, will receive a CalPERS retirement benefit based on the 2% @ 60 formula as set forth in CalPERS regulations. The City shall pay the full share of the employer contribution to CalPERS. The employee will be responsible to pay the employee contribution to the CalPERS 2% @ 60 Plan.
3. Tier Three Miscellaneous Pension (PEPRA): Qualifying miscellaneous employees hired on or after January 1, 2013 and considered new members of CalPERS as defined by the Public Employee Pension Reform Act (PEPRA) will receive the 2% at age 62 retirement formula, and shall be subject to the provisions of PEPRA, including provisions governing reportable compensation.
B. Sworn Employees:
1. Tier One Sworn Pension (Classic): Regular sworn employees, hired before January 1, 2011 will receive a CalPERS retirement benefit based on the 3% @ 50 formula as set forth in CalPERS regulations. The City shall pay the