HomeMy WebLinkAboutResolution - 2311 RESOLUTION NO. 2311
A RESOLUTION OF THE CITY OF SAN JACINTO, CALIFORNIA,
APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN JACINTO AND MANAGEMENT
ASSOCIATION FOR THE PERIOD JULY 17 2001 THROUGH
JUNE 30, 2002.
BE IT RESOLVED, that the City Council of the City of San Jacinto hereby
approves and authorizes the Memorandum of Understanding between the City of
San Jacinto, California and the City of San Jacinto Management Association, for
the period July 1, 2001 through June 30, 2002 attached as Exhibit A to this
Resolution.
Approved and Adopted this 4th day of October, 2001.
Ayes: Conner, Good, bhlliaris
Noes: Carl son-Buydos
Abstain: None
Absent: Pyres
Patrick A. Williams, Mayor
ATTEST:
," Susan Matthew, CMG, City Clerk
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SAN JACINTO, CA
AND
SAN JACINTO MANAGEMENT ASSOCIATION
Lw
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SAN JACINTO, CA
AND
SAN JACINTO MANAGEMENT ASSOCIATION
INDEX
Articie I Recognition
1-1 Recognition ................ . . . 1
1.2 majority Representation __ . ............................. ........_.......... ....• 1
1.3 Filing of Petitions.. .. ........... .. .. .. ........ ...................
Article Il Management Rights
2.1 Employee Rights....................................................................................... .
2.2 No Discrimination........___..................... 1
2.3 Reserved Rights,........... .......... ........ ............. ............ .............. ............. 2
2.4 Impact of City Rights..........................
....................................
Article III, No Strike— No Lockout Pledae
3.1 Association Prohibited Conduct......... . .................................................................... 3
3.2 City Prohibited Conduct............................................................................................... ............ 3
3.3 Association Responsibility.....__............... .
3A City Rights............... ................................
3.5 Association Rights.................... ........ ........ ......... ...... ........................................... ..... .... 4
Article IV, Salaries
5.2 Saiary Schedule_......................................... ..................................................... .......... 4
Article V Benefits
5.1 Health Benefits & Cafeteria Benefit .......................................................................................... 5
52 Dental Insurance............................................................................................................ 5
5.3 Vision Insurance,...................... 5
54 Disability Insurance.......................................................................................... ............ 5
5-5 Life Insurance........................................................
5.6 Retirement...... .....
5.7 Tuition Reimbursement.. .. ......... .. . ................... . .... 5
5.8 Health Club Benefit....-_............I......,....- 7
5.9 Worker's Compensation............ ......
5.10 Uniform Allowance...................... .............................................................. 7
Article VI Leaves
6ASick Leaves............... ................ ........................................................ 7
62 Vacations .................................................................................. ... . ...............
6.3 Management Leave ........................................... .................................................................... 9
6.4 Jury Duty..... .....................
6.5 Leave of Absence Without Pa .....
66 Bereavement Leave.-..",......... ............... .............................................. g
6.7 Temporary Disability Leave . ........................... ._ _.... ......................... 10
68 Military Leave............ . ...................................................
Article VI I, Holidays
7.1 Holidays .............. .. .
Article VIII, Working Hours & Overtime
8.1 Work Week Defined.................................................................. ....:.................... 11
.......... .
8.2 Overtime Worked for Confidential Employees Only ................... ......................
8.3 .............................................
...........................................
....................................
ii
84 Cornpensatory Time Off for Confidential Employees Only.—...... ............... ........... 12
Article 1X Personnel Rules
Article X. Drua and Alc............. ...........p.............. ................................-.................................. ......... 12
hol-Free Work lace Policy
10.1 _.... .... ... .... _.. .. _. .... ........ ........... . ...... ..... ---- 12
ArticleXl Harassment In the Workplace Policy
11.1 ....................................I... .
Ar icleXll, Waiver of Bargaining
12.1 Full Understanding
12.2 Waiver of Bargaining Agreed To.......................................... ..... ................................... . ..... 13
ArticleXlll Emergency Waiver
13.1 Waiver Granted. .... .........
A_rticleXIV Severability Clause
14.1 Severability Declared.-..-.-_...--__............ ... 13
ArticleXV, Ratification and Execution
15,1 - ... _ .
iii
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SAN JACINTO, CALIFORNIA
AND
SAN JACINTO MANAGEMENT ASSOCIATION
This Memorandum of Understanding (hereinafter "MOU") is entered into by and between
the City of San Jacinto (hereinafter "CITY") and the San Jacinto Management
Association (hereinafter "ASSOCIATION") pursuant to the provisions of the Meyers-
Millas- Brown Act, This MOU shall be effective for a period of one (1) year, commencing
on July 1, 2001, and concluding at the close of business on June 30, 2002, and
thereafter shall continue in effect year-by-year unless one of the parties hereto notifies
the other in writing not later than March 15, 2002 (or succeeding year) of a request to
modify, amend, or terminate this MOU.
ARTICLE I
(RECOGNITION)
1.1 Recognition. CITY hereby recognizes ASSOCIATION as the bargaining
representative of employees in the Management unit as defined in the MEER, excepting
Police Sergeants, Executive, temporary, and part-time employees.
1.2 Majority Representation. CITY recognizes ASSOCIATION as the majority
representative of all Management unit employees for the purpose of meeting its
obligations under this MOU, the Meyers-Millias-Brown Act, Government Code §§ 3500
et seq., and when CITY rules, regulations, or laws affecting wages, hours, and other
terms and conditions of employment are appropriately amended or changed.
1.3 Filing of Petitions, This MOU shall bar the filing of a Petition of Certification or
Petition for Decertification of a recognized employee organization for this employee
representation unit during the term of this MOU; except that a Petition for Certification or
a Petition for Decertification may be °iled during a period beginning not earlier than one
hundred fifty (150) calendar days and ending not less than ninety (90) calendar days
before expiration of said MOU.
ARTICLE II
(EMPLOYEE AND MANAGEMENT RIGHTS)
2.1 Employee Rights. The parties mutually recognize and agree to protect the rights
of all employees hereby to join and,+or participate in protected activities or to refrain from
joining or participating in such activities in accordance with Government Code §§ 3500
et seq.
2.2 No Discrimination. CITY and ASSOCIATION agree that they shall not
discriminate against any employee because of race, color, sex, age, national origin,
ancestry, political or religious opinions or affiliations, marital status, handicap, union
membership, or medical condition as defined by State and Federal law.
'f 1
n. To hire, transfer, promote and demote employees for non-disciplinary
reasons, in accordance with this MOU and the City's Personnel Rules and
GOW Regulations,
o. To determine policies, procedures and standards pertaining to CITY
operations and activities;
P. To establish employee performance standards, including but not limited to
quality and quantity standards, and to require compliance therewith;
q. To maintain order and efficiency in its facilities and operations;
r. To establish and promulgate and/or modify rules and regulations to
maintain order and safety in CITY which are not in contravention with this MOU;
$ To take any and all necessary action to carry out the mission of CITY in
emergencies,
t To determine the mission of its constituent departments, boards,
commissions and committees;
U. To establish the need and use of personnel information for employees
and the means by which the information is to be provided. Employees retain their
rights to privacy as provided by law.
2.4 Impact of City Rights. Except in emergencies, or where CITY is required to make
changes in its operations because of the requirements of law, whenever the
contemplated exercise of Management's rights shall impact upon affected employees,
CITY agrees to meet and confer in good faith with representatives of ASSOCIATION
regarding the impact of the contemplated exercise of such rights prior to exercising such
rights, unless the matter of the exercise of such rights is provided for in this MOU. By
agreeing to meet and confer with ASSOCIATION as to the impact of the exercise of any
of the foregoing Management rights, it shall not diminish Management's discretion in the
exercise of those rights.
ARTICLE III
(NO STRIKE -NO LOCKOUT PLEDGE)
3.1 Association Prohibited Conduct. ASSOCIATION, its officers, agents,
representatives and/or members agree that during the term of this MOU they will not
cause nor condone any strike, walkout, slowdown, sickout, or any other concerted job
action by withholding or refusing to perform services. A violation of this Section by any
employee shall constitute a just cause for discipline. Taking joint action or joining other
labor organizations to engage in such activity is included in this prohibition,
3.2 City Prohibited Conduct. CITY agrees that it shall not lockout its employees
during the term of this MOU. The term "lockout" is hereby defined so as not to include
the discharge, suspension, termination, layoff, failure to recall, or failure to return to work
3
ARTICLE V
(BENEFITS)
5.1 a. Health Benefits. CITY shall provide fully paid health and medical
coverage for Management unit employees plus dependents.
b. Cafeteria Benefit. Management unit employees are provided with a
cafeteria benefit amount as set forth on Appendix "B" attached hereto and
incorporated herein by reference. This benefit may be used by any Management
unit employee for payment of CITY group insurance premiums, deferred
compensation, or may be cashed in once per year on the first pay period in
December.
5.2 pental Insurance. CITY shall provide paid dental coverage for Management unit
employees plus dependents.
5.3 Vision Insurance. CITY shall provide paid vision coverage for Management unit
employees plus dependents.
5.4 Disability Insurance. CITY shall bear full cost, on behalf of each Management
unit employee, the premium on the short-term disability plan selected by CITY. Effective
October 1, 2001, short term disability insurance benefits will increase to a weekly benefit
amount of 60% of weekly salary to a maximum weekly benefit of $1,000,00, with a
minimum weekly benefit of $15,00, at no cost to the employee. CITY shall bear full cost,
on behalf of each Management unit employee, the .premium on the long-term disability
plan selected by CITY.
5.5 Life Insurance. CITY shall contribute, on behalf of each Management unit
employee, an amount equal to the premium on the group life insurance policy selected
by CITY. Effective October 1, 2001, the death benefit for any life insurance program
shall be increased to 100% of annual salary with a minimum $50,000 death benefit.
5.6 Retirement.
a. As a member of the Public Employees' Retirement System ("CaIPERS"),
CITY will contribute the normal employer's full share of CaIPERS retirement for
each Management unit employee. Commencing October 21, 2001, City's
program shall be two percent (2%) at 55 for single highest year and 1959
Survivor Benefits at Level 4.
b. CITY shall pay, on behalf of each Management unit employee, a
maximum of seven percent (7%) of the employee's share of the CaIPERS
retirement contribution_
5.7 Tuition Reimbursement.
a, All Management unit employees are eligible to receive tuition
reimbursement. Courses must have begun after appointment and be in excess of
the education standards for the position. An example of this would be job-related
college or university courses when the specification for the classification calls for
high school graduation.
b. Management unit employees shall be reimbursed for tuition, registration
fees, texts, and parking, required for the eligible courses. Expenses for travel,
5
5.8 Health Club Benefit. CITY agrees to pay on behalf of each Management unit
employee a $10.00 per month user fee for each employee utilizing a Health Club facility
8010- as determined by the City.
5.9, Workers' Compensation- CITY shah compensate unit members for a period not
to exceed thirty (30) calendar days after an industrial accident in the amount of the
difference between workers' compensation insurance and the unit member's regular
salary.
After expiration of the 30-day period, CITY will pay the difference between workers'
compensation and the unit member's regular amount of pay to the extent of the unit
member's accumulated sick leave earned by the unit member prior to his/her absence.
Deductions from the unit member's sick leave accrual shall be made on a pro rata basis,
according to the number of hours of sick leave which is used to supplement workers'
compensation.
After exhaustion of accumulated sick leave, the unit member may choose to supplement
the workers' compensation through the use of vacation time accrued prior to the
absence. If the unit member so elects, CITY shall pay the difference between the
workers' compensation payment and the unit member's salary.
In no event shall the additional compensation paid to the unit member by virtue of the
30-day benefit, sick leave or vacation leave, result in the payment of a total daily, weekly
or monthly compensation that exceeds the normal compensation of the worker.
5.10 Uniform Allowance: City shall provide contract uniform service (provision and
cleaning) for public works unit members required to wear them during duty hours, The
City shall provide Police management employees with required uniforms. Additionally,
city will pay for any State or City-required safety equipment, including footwear and rain
gear.
ARTICLE VI
(LEAVES)
6.1 Sick Leave.
a. Accrual of Sick Leave. Management unit employees shall accrue sick
leave at the rate of 8 hours per month beginning with the first day of employment.
Management unit employees hired between the first and fifteenth day of the
month shall be credited with 8 hours of sick leave for the month of hire.
Management unit employees hired between the sixteenth and the last day of the
month shall accrue four hours of sick leave for the month. Sick leave may accrue
up to a maximum of 960 hours for each employee.
b. Charge for Sick Leave. If a Management unit employee performs his/her
duties for part of a working day, he/she shall be credited with those hours worked
and charted sick leave only for those hours not worked by reason of illness of
injury.
4P C. Sick Leave Buy Back. To qualify, a unit member must have 200 hours of
accumulated sick leave on the record as of January 1, of each calendar year.
7
approved by the City Manager. Vacation buy back shall be at the current rate of
pay.
6.3 Management Leave. Full time Management unit employees shall accumulate
management leave at the rate of 3,6923 hours per pay period (96 hours annually), which
shall be in addition to sick and vacation leaves.
a. Management Leave Carryover. Management leave may be carried over
to the fiscal year immediately following the fiscal year in which it is accumulated.
All management leave which is not utilized during either the fiscal year in which it
is accrued or the immediately subsequent fiscal year shall expire. Management
leave may not be cashed out upon resignation, retirement, termination, or
separation from employment with CITY.
b, Scheduling Management Leave. The scheduling of the use of
management leave shall be determined by mutual agreement of the affected
Management unit employee and hislher Department Head or City Manager, as
the case may be.
6.4 Jury [Duty. Any Management unit employee who is called or required to serve as
a trial juror shall be entitled to a leave of absence during the period of such service or
while necessarily being present in court as a result of such call. Under such
circumstances, the employee shall be paid the difference between his full salary and any
payment received by him/her except travel pay, for such duty.
6.5 Leave of Absence Without Pay.
a. General Policy. Any Management unit employee may be granted a leave
of absence without pay upon the approval of the City Council pursuant to the
recommendation of the City Manager except that in case of a leave of absence
without pay of sixty (60) consecutive calendar days or less, the approval of the
City Council shall not be required. A leave without pay may be granted for any of
the following reasons,
• Illness or disability
• Pregnancy
• To take a course of study which will increase the employee's
usefulness on return to his/her position in CITY service.
• For personal reasons acceptable to the City Council andlor City
Manager.
• In all cases involving requests applicable to Federal and State Family
Medical/Acts, leave shall be cranted in accordance with such
provisions. Except as changed herein pursuant to provisions of such
acts allowing modification.
b. Leave Without Pay. A Management unit employee shall utilize all of
hislher vacation and/or compensatory time off prior to taking an authorized leave
of absence without pay.
9
67 Milita Leave. M'litary leave shall be granted in accordance with the applicable
provisions of State Law.
ARTICLE VII
(HOLIDAYS)
7. Holidays. Management unit employees shall be granted the following holidays:
• New Year's Day (January 1 st)
• President's Day (3rd Monday in February)
• Memorial Day (last Monday in May)
• Independence Day (,July 4th)
• Labor Day (1sl Monday in September)
• Columbus Day (2nd Monday in October)
• Veteran's Day (November 11th)
• Thanksgiving Day (4th Thursday in November)
• Thanksgiving Friday (day following Thanksgiving)
• Christmas Day (December 25th)
• Two float'ing holidays each fiscal year
a. Employees shall receive holiday pay for the number of hours regularly scheduled
for that date.
b. Any holiday falling on Saturday shall be observed on the preceding Friday.
Or c. Any holiday falling on Sunday shall be observed on the following Monday.
d If an employee is required to work on a holiday, the employee shall be entitled to
holiday pay for the number of hours regularly scheduled for that day at straight time,
in addition to the amount paid for any lime actually worked.
e. At the discretion of the Department Head, an employee may be given a day off
in lieu of holiday pay in the case described in 7.d. above.
f. Each Department will adopt rules pertaining to the required advance notice to be
given prior to use of floating holidays.
ARTICLE VIII
(WORKING HOURS & OVERTIME)
8.1 Work Week Defined- From and after the date this MOU is executed Ly all parl all employees in the
Management unit shall work a five-dayM-hour work week with regular City operations closing at Noon on Friday. Hours
worked will include vacation. compensatory time, and holidays, Beginning on July 1, 2002, employees in the
Management Unit shall change to a schedule of five 8-hour days per week, unless the City Council, in its sole discretion,
agrees to continue the 5136 work schedule beyond June 30,2002-
8.2 Overtime Worked for Confidential Employees Only. All time worked by
confidential employees working beyond his/her regular work day which shall be
considered as thirty-six (36) hours within a seven (7) consecutive day period, shall be
compensated by cash payment based on one and one-half (1 '/z) times the hourly rate of
base salary. Overtime shall not include: (1) overtime not authorized by a supervisor; (2)
overtime of ten (10) minutes or less; or (3) voluntary early reporting. Ali other
=1
12.2 Waiver of Bargaining Agreed To Except as specifically provided for herein, the
parties to this MOU, voluntarily and unqualifiedly waive their respective rights to meet
and confer in good faith during the term of this MOU, with respect to any subject or
matter covered herein; or with respect to any other matters within the scope of the meet
and confer in good faith process. However, this Article shall not be deemed to preclude
mutually agreed upon meet and confer in good faith sessions for the purpose of altering,
waiving, modifying or amending this MOU.
ARTICLE XIII
(EMERGENCY WAIVER)
13.1 Waiver Granted. In the event of circumstances beyond the control of CITY, such
as acts of God, fire, flood, earthquake, insurrection, civil disorder, national emergency, or
similar circumstances, provisions of this MOU or the Personnel Rules and Regulations of
CITY, which restrict CITY'S ability to respond to these emergencies. shall be suspended
for the duration of such emergency After the emergency is declared over, this MOU will
be reinstated immediately. ASSOCIATION shall have the right to meet and confer with
CITY regarding the impact on employees of the suspension of provisions in the MOU
during the course of the emergency. Any rights and benefits suspended by virtue of the
emergency shall be restored as soon as practicable at the conclusion of the eme-gency.
ARTICLE XIV
(SEVERABILITY CLAUSE)
14.1 Severability Declared. Should any provisions of this MOU be found to be
40- noperative, void or invalid by a court of competent jurisdiction, all other provisions of this
MOU shall remain in full force and effect for the duration of this MOU. The parties shall
meet and confer over a new provision to replace any such provision stricken by law.
ARTICLE XV
(RATIFICATION AND EXECUTION)
CITY's representatives and ASSOCIATION have reached an understanding as to
certain recommendations to be made to the City Council for the City of San Jacinto and
have agreed that the parties hereto will jointly urge said Council to adopt a new wage
and benefit resolution which will provide for the changes contained in said joint
recommendation. CITY and ASSOCIATION acknowledge that this MOU shall not be in
full force and effect until adoption by the City Council of this City.
SAN JACINTO CITY OF SAN JACINTO
MANAGEMENT ASSOCIATION
Name: Patrick A. W lia s, Mayor
Dateo�ls - c% Dated: —
ame, 4 John F, Wage , Jr., C
Dated: Dated:
13
APPENDIX A
MANAGEMENT
MONTHLY SALARY SCHEDULE
EFFECTIVE DULY 1,2001
RANC E STEP ] STEP 2 STEP 3 STEP 4 STEP 5
39 2,451 2,574 21703 2,838 2,980
40 2,513 2,638 2,770 2,909 3,054
41 2,575 2,704 2,839 2,981 3,130
42 2,640 2,772. 2,910 3,056 3,209
43 2,706 2,841 2,983 3,1321 3,289
44 2,7731 27912 3,058 3,2111 3,371
45 2,843 2,985 3,134 3,291 3,455
46 2,9141 3,059 3,212 3,373 3,542
47 2,987, 3,136 31293 3,457 3,630
48 3,061 3,214i 3,375 3,544 3,721
49 3,138 31295 3,459 3,632 3,814
50 3,216 3,377 3,5461 3,723 3,909
51 3,2971 3,4611 3,635 3,8361 4,007
52 3,379 3,548 3,725 3,912 4,107
53 3,464 3,637 3,819 4,0101 4,210
54 3,550 3,728 3,914 4,110 4,315
55 3,639 3,821 4,012 4,212 4,423
56 3,730 3,916 4,112 4,318 4,534
57 3,823 4,0141 4,215 4,426 4,647
58 3,919 4,115 4,320 4,536 4,763
59 4,017 4,218 4,428 4,650 4,882
60 4,117 4,323 4,539 4,766 5,004
61 4,220 4,431 4,653 4,8851 5,129
62 4,326 4,542 4,769 5,0071 5,758
63 4,434 4,655 4,888 5,133 5,389
64 4,544 4,772 5,010 5,7.61 5,524
65 4,658 4,891 5,136 5,392 5,662
66 4,775 5,013 5,264 5,527 5,803
67 4,894 5,139 5,396 5,665 5,949
68 5,016 5,267 5,530 5,807 6,097
69 5,142 5,399 5,669 5,952 6,250
70 5,270 5,534 5,810 6,1011 6,406
71 5,402 5,672 5,956 6,253 16,566
72 5,537 5,814 6,105 6,4101 6,730
73 5,675 5,959 6,257 6,5701 6,899
74 5,817 6,108 6,414 6,734 7,071
75 5,963 6,261 6,574 6,903 7,248
76 6,112 6,417 6,738 7,075 7,429
77 (,265 6,578 6,907 7,252 7,615
78 6,421 6,742 7,079 7,433 7,805
79 6,582 6,911 7,256 7,6191 8,000
80 6,746 7,084 7,438 7,810 8,200
S1 6,915 7,261 7,624 8,0051 8,405
82 7,088 7,442 7,814 8,2051 8,615
484
7,265 7,628 8,010 8,410 8,831
7,447 7,819 8,210 8,620 9,051
7,633 8,014 8,415 8,836 9,278
7,824 8,215 8,626 9,057 9,510
1p 8,019 8,420 8,841 9,283 9,747
8,220 8,631 9,062 9,515 9,941
89 8425 8,846 9,2891 9,7531 10,24)
SAN JACINTO MA t WENT GROUP APPEIT "B"
MATRIX OF CNEFiTS
July 01, 2001
BENEFIT DESCRIPTION MANAGEMENT CONFIDENTIAL
Insurance & Disability Medical Full Coverage Employee and Full Coverage Employee and
Dependents Dependents
Dental Full Coverage Employee and Full Coverage Employee and
Dependents Dependents
Short Term Disability Full Coverage Full Coverage
Long Term Disability Full Coverage Full Coverage
Life Insurance 100 X Annual Salary 100 K Annual Salary
or Minimum of$50,000 or Minimum of$50,000
Vehicle Usage Pool Car or Mileage Pooi Car or Mileage
Management Leave 96 Hours Annually NIA
accrued by pay period
Compensatory Time NIA Maximum of 60 hours
Sick Leave Buy-back Accumulation of 200 hours buy-back up to 96 hours- 1 st Pay Period in Dec.
Sick Leave Acc:ntal 96 Hours Annually 96 Hours Annually
Holidays
New Year's Day January 1st
President's Day 3rd Monday in February
Memorial Day last Monday in May
Independence Day July 4th
Labor Day 1 st Monday in September
Columbus Day 2nd Monday in October
Veteran's Day November 11th
Thanksgiving Day& Day After 4th Thursday & Friday in November
Christmas Day December 25th
Floating Holidays (2)
Vacation Buy-back Up to 80 hours w/restrictions Up to 80 hours wlrestrictions
Cafeteria Benefit $100.001month wlrestrictions $90.001month wlrestrictions
Uniform Allowance City Provided as required City Provided as required
Health Club User Fee Paid at $10.00 per month per employee
Annual Vacation 1 - 11 yrs = 160 hours 1 - 4 yrs= 96 hours
12 + yrs= 188 hours 5 - 9 yrs= 144 hours
10- 12 yrs= 160 hours
12 + yrs- 168 hours
APPENDIX "C"
CITY OF SAN JACINTO
DRUG AND ALCOHOL FREE WORKPLACE POLICY
Because drug and alcohol use can detrimentally affect job performance and employee
safety, the City is committed to achieving and maintaining a drug and alcohol free
workplace. While the City has no intention of intruding into the private lives of it's
employees, it will be f rm in identifying and disciplining those employees whose impaired
mental or physical condition, as a result of drug or alcohol use, may endanger the health
or safety of fellow employees and the public at large, or interfere with the operations of
the City.
While on paid duty time, the employee shall not drink alcoholic beverages or use illegal
drugs or controlled substances. The employee shall not work or be at work while under
the influence of any of the above-mentioned, or in the case of controlled substances
without authorization from a medical doctor and one's supervisor.
The unlawful manufacture, distribution, dispensing, possessions, or use of any illegal
drug or "controlled substance" is prohibited on the job, in the City's workplace, or while
subject to duty (Le. stand-by).
This policy shall not prohibit the consumption of alcoholic beverages by City employees
at City sponsored events where alcohol is served.
For the purpose of the Policy, the following shall be defined as follows:
1. "Controlled Substance" denotes any substance which could potentially impair
the employee's ability to effectively and safely perform the functions of his or her
duties, including, but not limited to: alcohol, coca leaves, cocaine, marijuana,
opium and opiates, amphetamines, methamphetamines, lysergic acid (L.S.D.),
etc. As outlined below, certain prescription drugs and medications shall also be
classified as controlled substances.
2. "Conviction" is a finding of guilt (including a plea of no contest,) an imposition
of sentence, or both, by any judicial body charged with the responsibility to
determine violations of the Federal or State criminal drug statutes.
3. "Criminal drug statute" is a criminal statute involving the manufacture,
distribution, dispensation, use, or possession of any illegal drug or controlled
substance.
The use of prescription drugs which would not alter an employee's work performance is
acceptable, if prescribed by a qualified physician. Employees must notify their supervisor
before beginning work when taking drugs (prescription or non-prescription) which may
interfere with the safe and effective performance of their duties. In the event there is a
question regarding an employee's ability to perform assigned duties safely and
effectively while using such drugs, clearance from a qualified physician may be required
before the employee is allowed to resume his or her regular duties.
1
CITY OF SAN JACINTO
DRUG AND ALCOHOL FREE WORKPLACE POLICY IMPLEMENTATION
1, Purpose: As outlined in the City's "Drug and Alcohol Free Workplace Policy,"the
City of San Jacinto is committed to maintaining a drug and alcohol free workplace.
Toward ;hat end, this Administrative Policy provides guidelines for the detection and
deterrence of alcohol and drug use, while attempting to ensure that everyone is treated
fairly and with confidentiality. The responsibilities of City management and other
employees are also outlined.
2. petection and Deterrence of Drug and Alcohol Use: Managers and supervisors
may request that an employee submit to a drug and alcohol test when "reasonable
suspicion" exists to believe that an employee is intoxicated or under the influence or
drugs or alcohol while on the job or subject to duty (i.e. on paid stand-by time). For the
purposes of this Policy 'reasonable suspicion" is a belief based upon objective facts
which is sufficient to lead a reasonably prudent person to suspect that an employee is
umCer the influence of drugs or alcohol
While it is recognized that certain medical problems may cause similar symptoms, any
combination of two of more of the following (A-Hi may constitute "reasonable suspicion";
a. Physical or verbal altercation.
b. Wide and severe mood swings.
c. An accident involving City property, where it appears that the employee's conduct
may be at fault.
d. Unsteady walking and movement.
e, Blank, glassy-eyed speech.
f. Slurred or thick speech.
g. Inability to perform work properly.
h. Behavior which is unusual for the employee.
In addition, any of the fallowing (I-K), alone or in conjunction with each other cr those
symptoms listed above, may constitute provable cause;
i. Possession of drugs or alcohol in the workplace or on City property.
j. Alcohol or other suspicious odor (i.e. marijuana) on breath.
k Direct observation of use or possession.
Reasonable suspicion shall, whenever possible, be evaluated based on personal
observation by a manager or supervisor who is familiar with the employee's normal
behavior, and this person may request that the employee submit immediately to a drug
or alcohol test. If no one is available who is familiar with the employee's normal behavior,
then at least one other manager or supervisor shall be consulted before a drug or
alcohol test is recuested. Information which is obtained from a reliable person with
personal knowledge of the employee may also be utilized inappropriate circumstances.
In the event that an employee suspects that his or her manager or supervisor is under
the influence of drugs or alcohol, the employee may submit a written or oral complaint
which contains detailed evidence regarding the allegation of substance abuse to his or
her Department Head or the Personnel Officer. Such complaints, if made in good faith,
may be made without fear or reprisal, If the written or oral complaint establishes
1
prua and Alcohol Free Workplace Policy Implementation (Continued)
e. Deal with suspected offenders as discreetly, inconspicuously,
bow respectfully, and confidentially as possible.
f, Nolify their Department head or designee when they have reasonable
suspicion to believe that an employee may have illegal drugs in his or her
poEsession or in an area not jointly or fully controlled by the City. If the
Department Head or designee concurs that there is reasonable suspicion
that an employee is in possession or illegal drugs, the manager or
supervisor shall not physically search employees or their personal
possession, but should request that they remain on the premises until the
appropriate law enforcement agency has arrived .
g May search areas which are jointly for fully controlled by the City. In the
event such an area is occupied by a Peace Officer all searches shall be
consistent with Government code Section 3349 (Police Officer Bill of
Rights)
h. Management shall not use authority under these rules to unlawfully
harass, intimidate, or discriminate against employees.
5. Drug and Alcohol Testinp: The drug and alcohol test may be used to test for any
substance which could impair an applicants' or employee's ability to effectively and
safely perform the functions of his or her job.
A more sensitive, confirmatory test will be conducted if the first test is positive.
The laboratory conducting the tests will not release any information to the City until this
confirmatory test is completed.
Drug or alcohol tests shall be conducted in the following manner:
a. Pre-Employment Drug or Alcohol l ests: As outlined below, a positive
result from a drug or alcohol test shall result in an applicant not being hired. This
pre-employment drug or alcohol testing shall apply only to non-City employees;
City employees who apply for another City position shall not be subject to pre-
employment drug or alcohol tests.
If the confirmatory pre-employment drug or alcohol test is positive, the
applicant shall have the opportunity, within twenty-four (24) hours of the request,
to provide verification of a current prescription of the drug identified in the test. If
the applicant does not provide acceptable verification, if the prescription is not in
the applicant's name, or if the drug is one which is likely to impair the applicant's
ability to perform the required job duties, the City will consult with the City's
Physician to determine the degree of potential impairment, and the applicant's
suitability for employment.
b. Employee Drug or Alcohol Tests: If an employee is requested to submit to
a drug or alcohol test, and the results are positive, the employee shall have the
opportunity, within forty-eight (48) hours of request, to provide verification of a
current prescription for the drug identified in the test. If the employee does not
provide acceptable verification, if the prescription is not in the employee's name,
this drug or if the employee has not previously notified his or her supervisor of
the use of this drug, the employee may face mandatory referral to an employee
assistance program or service and disciplinary action. If, in such cases, the
employee refuses to attend an employee assistance program or service, he or
3
CITY OF SAN JACINTO
DRUG-FREE WORKPLACE STATEMENT
1. PURPOSE
The Drug-Free Workplace Act of 1988, passed by Congress on October 21 ,
1988, requires all grant recipients to implement a comprehensive substance
abuse policy. Under the Workplace Act, to be eligible to obtain a federal grant, an
employer must certify to the granting agency that it will provide a drug-free
workplace.
It is the intent of the City of San Jacinto to maintain a safe, healthful and
productive work environment for all employees. To accomplish this, the City will
act to eliminate any drug abuse which increases the potential for accidents,
absenteeism, low standard performance, poor employee morale or damage to
the City's reputation. Everyone covered by this statement should be aware that
violations of this policy may result in discipline, up to and including termination, a
requirement that the employee participate in a drug assistance or rehabilitation
program, or in not being hired.
Because it is widely recognized that drugs hinder one's ability to perform work
safety, productively and effectively, the following statement is hereby adopted by
the City of San Jacinto.
2. STATEMENT
The City of San Jacinto prohibits the unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance in the workplace.
3 ACTIONS THAT WILL BE TAKEN AGAINST EMPLOYEES FOR VIOLATION OF
THE F'ROHIBITIDNS IN PARAGFL4PH 2 ABOVE
Within 30 days of conviction, the City shall discipline an employee, up to and
including discharge, for the unlawful manufacture, distribution, dispensation,
possessions, or use of a controlled substance in the workplace.
4 NOTIFICATEONS OF FUNDING AGENCY IN WRITING, WITHIN TEN
CALENDAR DAYS AFTER RECEIVING NOTICE OF CONVICTION BY
EMPLOYEE
The City will provide notice, including the position title, to every grant officer or
other designee on whose grant activity the convicted employee was working,
unless the Federal agency has designated a central point for the receipt of such
notices. Notice shall include the identification number(s) of each affected grant.
5. CONDITION OF EMPLOYMENT
As a condition of employment under this grant, all employees will:
a. Abide by the term of this statement; and
b. Notify the City of San Jacinto of any criminal statute conviction for a violation
occurring in the workplace no later than five (5) days after the conviction.
5
APPENDIX "D"
HARASSMENT IN EMPLOYMENT POLICY
Purpose
To define and issue to all employees the City's policy on the prohibition of harassment in
employment.
Policy
Harassment of an applicant or employee by a supervisor, management employee or co-
worker on the basis of race, religious creed, color, national origin, ancestry, physical
handicap, medical condition, marital status, sex, sexual orientation or age will not be
tolerated .
Harassment, as defined in this section, violates Title VII of the Civil Rights Act of 1964,
the California Government Code, and regulatory guidelines of the Equal Employment
Opportunity Commissions, and the California Fair Employment and Housing
Commission.
Violatlon of this policy shall generally constitute just and reasonable cause of discipline,
up to and including termination.
Definition
Harassment includes, but is not limited to:
a) Verbal Harassment - for example, epithets, derogatory comments or slurs made
in violation of the policy statement above.
b) Physical Harassment - for example, assault, impeding or blocking movement, or
any physical interference with normal work or movement when directed at an
individual in violation of the policy statement above.
c) Visual Forms of Harassment - for example, derogatory posters, notices, bulletins,
cartoons, or drawings distributed, posted or otherwise provided in violation of the
policy statement above.
d) sexual Favors - unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature which is conditioned upon an
employment benefit, unreasonably interferes with an individual's worts
performance or creates an offensive work environment.
Pre-Grievance Process
An employee who has been harassed on the job should inform the employer, its agents
or supervisors of the grievance. To accommodate the unique nature of harassment
complaints, a pre-grievance process is provided for the primary purpose of resolution of
a complaint at the earliest possible date.
Elements of this process are:
1
Harassment in Employment Policy(Continued)
City wishes to know of any complaint alleging harassment as soon as
possible after it occurs.
b) Waiver of Informal_Step — Preliminary informal steps to resolve a
grievance may depend on the circumstances of the complaint, be waived
and the formal grievance initiated at an appropriate higher step in the
process.
Dissemination of i'oltY
All employees; supervisors and managers shall be sent copies of this Policy and this
Policy shall be posed in appropriate places.
3