City Council Agenda Report
March 19, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: James C. Parker, Executive Director of Regional Transportation Carina Montes, Director of Human Resources/Risk Manager Theresa Clark, Transit Administrative Officer
Maria Barrera, Senior Human Resource Analyst
Cecilia Hernandez, Payroll Personnel Technician
SUBJECT: CITY OF NORWALK TRANSPORTATION DEPARTMENT DRUG AND
ALCOHOL PROGRAM RULES AND REGULATIONS - AMENDMENT
Background:
On December 6, 1994, City Council adopted the Norwalk Department of Transportation System (NTS) Drug and Alcohol (D&A) Program Rules and Regulations. Subsequently, City Council has approved amendments to this policy on various occasions including the current D&A Program Rules and Regulations which were amended in February 2018 to reflect changes in federal regulatory policy and procedures and NTS Rules and Regulations.
Staff is proposing to amend the Drug and Alcohol Program Rules and Regulations to comply with Federal Transit Administration (FTA) guidelines and updates regarding covered employees as it relates to the following:
(1) Section VIII - Covered Employees:
a) Added the positions of Fleet Maintenance Supervisor and Mechanic Trainee to the list of safety- sensitive employees covered under this D A Program since these positions meet the definition by FTA regarding duties of these positions as it relates to maintaining transit vehicles used in revenue service.
b) Removing Fleet Maintenance Manager and Manager Transit Operations from list of safety sensitive employees per FTA guidelines.
City Council
Drug and Alcohol Program Rules and Regulations March 19, 2024 Page No. 2
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3 c) Change title of Coach Operator to Bus Operator (full-time and hourly/part-time). (2) Appendix A - Medical Review Officer (MRO):
The MRO for the Drug and Alcohol Program has changed from Dr. Dee J. McGonigle to Dr. Mark A. Peacock.
Meet and Confer with Employee Association
In keeping with the meet and confer process, Transportation Department staff reviewed the updated Drug and Alcohol Program Rules and Regulations with the City of Norwalk City Employees Association - International Association of Machinist and Aerospace Workers (IAMAW), District Lodge 947, pursuant to complying with the following:
a) A “Disclosure Statement” under Section IX has been added as a footnote to clarify that Assembly (AB) 2188, which amended California’s Fair Employment and Housing Act prohibiting employers from engaging in any adverse employment action against employees for off duty and away from the worksite use of marijuana, does not apply to Norwalk Transportation Department Safety-Sensitive employees (i.e. operating revenue vehicles, controlling dispatch of revenue vehicles, maintaining revenue vehicles, etc.). b) Pursuant to FTA guidelines, the Fleet Maintenance Manager and Manager of Transit Operations have been removed from covered employees under safety-sensitive category since they do not have duties specifically associated with safety-sensitive functions and are not subject to drug and alcohol testing under FTA authority. However, the Fleet Maintenance Supervisor, Mechanic Trainee and Transit Operations Supervisor II must be included since they are directly involved with safety-sensitive job functions. c) The Designated Employee Representative for the D&A Program will change from Maria Barrera, Senior Human Resources Analyst, to Cecilia Hernandez, Payroll/Personnel Technician.
The IAMAW agreed with these recommended revisions to the D&A Program Rules and Regulations.
Fiscal Impact:
N/A
Citizens Advised:
N/A
City Council
Drug and Alcohol Program Rules and Regulations March 19, 2024 Page No. 3
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3 Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff recommends City Council adopt the "City of Norwalk Transportation Department Drug and Alcohol Program Rules and Regulations," as amended, March 19, 2024.
Attachments:
Drug and Alcohol Program Rules and Regulations