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CITY COUNCIL AGENDA ITEM NO. 2

Meeting Date: August 12, 2008

Subject/Title: Adopt a Resolution approving the following Council/Administrative Policies: revised Policy No. 20-7 Alcohol and Controlled Substance Testing Policy for Employees Covered by U.S. Dept. of Transportation Regulations, revised Policy No. 20-23 Policy Prohibiting Unlawful Discrimination and Harassment, new Policy No. 20-26 Substance Abuse, and new Policy 20-27 Nepotism and Fraternization Policy

Prepared by: Patti Standley, Human Resources Manager

Submitted by: Karen L. Chew, Assistant City Manager

RECOMMENDATION
Adopt a Resolution approving the following Council/Administrative Policies (“Exhibit A”): revised Policy No. 20-7 Alcohol and Controlled Substance Testing Policy for Employees Covered by U.S. Dept. of Transportation Regulations, revised Policy No. 20-23 Policy Prohibiting Unlawful Discrimination and Harassment, new Policy No. 20-26 Substance Abuse, and new Policy 20-27 Nepotism and Fraternization Policy. These documents cover employer-employee relations and a wide range of personnel-related practices and procedures and are intended to support City Management’s efforts to provide a fair and equitable workplace. Staff has worked closely with Department Directors and legal counsel as well as fulfilling requirements to meet and confer with representatives from the City’s bargaining units.

PREVIOUS ACTION
On April 12, 2005, the City Council approved Resolution No. 2005-79 adopting the following Council/Administrative Policies: 20-16 Dress Code Policy, 20-17 Employer-Employee Relations Resolution, 20-18 Department Head Benefit Policy, 20-19 Family Care and Medical Leave, 20-20 Layoff Policy, 20-21 Marital Status Policy, 20-22 Pregnancy Disability Leave, 20-23 Policy Prohibiting Unlawful Discrimination and Harassment, 20-24 smoke Free Workplace, 20-25 Workplace Violence Policy and Procedure. The following Council/Administrative Policies were revised: 20-6 Outside Employment, 20-8 Vacation. The following Council/Administrative Policies were repealed: 20-2 Special leaves of Absence, 20-5 Employee Organization Activities, 20-11 Work Hours.

On December 11, 2007, the City Council adopted Resolution 2007-293 approving revised Council/Administrative Policies related to Outside Employment, Catastrophic Leave, New Classifications and City Hall Parking and Employee Handbook.

BACKGROUND
As the City continues to experience a wide variety of personnel issues, the addition and revision of Council/Administrative Policies as detailed above will serve as a way to support the City’s commitment to address personnel issues in a fair and consistent manner and meet the updated requirements of State and Federal regulations.

Revised Policy No. 20-7 includes revisions mandated by the Department of Transportation and the Federal Motor Carrier Safety Administration. These mandates are related to City drivers who possess a Class A or B driver’s license which they use in the course of their work. The policy conforms with drug and alcohol testing requirements and the impact of a positive drug or alcohol test.

Revised Policy No. 20-23 includes revisions that provide clarification related to the City’s commitment to appropriately investigate claims of harassment. Additionally the revised information in the policy addresses the City’s ability to maintain confidentiality as well as an employee’s obligation to refrain from discussing the substance of an interview related to a claim. The revised policy also includes contact information for outside administrative agencies that an employee may choose to contact These agencies are included on the advice of legal counsel.

New Policy No. 20-26 reaffirms the City’s commitment to provide a drug-free and alcohol-free work environment for all employees. The policy provides a consistent tool for use in managing staff that are not governed by Policy No. 20-7.

New Policy No. 20-27 establishes the City’s policy on employee relationships that may give rise to actual, potential, or perceived conflicts of interest between professional responsibilities and personal relationships and/or create an adverse impact on the City’s supervision, productivity, safety, security, or morale.

FISCAL IMPACT
The revision of the Council/Administrative Policies detailed above does not result in any fiscal impact.

Attachments:
Resolution
Exhibit A - Council/Administrative Policies:
20-7 Alcohol and Controlled Substance Testing Policy for Employees Covered by U.S. Dept. of Transportation Regulations
20-23 Policy Prohibiting Unlawful Discrimination and Harassment
20-26 Substance Abuse
20-27 Nepotism and Fraternization Policy

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING THE FOLLOWING COUNCIL/ADMINISTRATIVE POLICIES: REVISED POLICY NO. 20-7 ALCOHOL AND CONTROLLED SUBSTANCE TESTING POLICY FOR EMPLOYEES COVERED BY U.S. DEPT. OF TRANSPORTATION REGULATIONS, REVISED POLICY NO. 20-23 POLICY PROHIBITING UNLAWFUL DISCRIMINATION AND HARASSMENT, NEW POLICY NO. 20-28 SUBSTANCE ABUSE, AND NEW POLICY 20-27 NEPOTISM AND FRATERNIZATION POLICY

WHEREAS, in response to the City Council’s desire to establish and maintain a formal, up-to-date personnel system, staff prepared the following new Council/Administrative Policies:

20-26 Substance Abuse
20-27 Nepotism and Fraternization Policy

WHEREAS, also in response to the City Council’s desire to maintain an up-to-date personnel system, staff prepared the following revised Council/Administrative Policies:

20-7 Alcohol and Controlled Substance Testing Policy for Employees Covered by U.S. Dept. of Transportation Regulations
20-23 Policy Prohibiting Unlawful Discrimination and Harassment

WHEREAS, the Council/Administrative Policies are an extension of the Personnel System in that they provide for consistent employment-related practices and compliance with applicable laws; and

WHEREAS, the Council/Administrative Policies detailed above have been created or revised to further staff’s efforts and City Council’s commitment to process and manage personnel issues in a fair, consistent and lawful manner; and

WHEREAS, staff worked closely with the Department Directors and legal counsel to ensure the revision, development and implementation of appropriate policies that meet legal requirements and provide the City with tools necessary to manage staff efficiently; and

WHEREAS, requirements to meet and confer with representatives from the City’s bargaining units have also been fulfilled.

NOW, THEREFORE BE IT RESOLVED the City Council of the City of Brentwood approves revised Council/Administrative Policies as described above and attached hereto as Exhibit A, effective immediately.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 12th of August 2008, by the following vote:

Attachment:
Exhibit A – Council/Administrative Policies as described above

Exhibit A

Section 1: PURPOSE

This policy provides an overview of the alcohol and controlled substances testing requirements for City of Brentwood (“City”) employees covered by U.S. Department of Transportation (“DOT”) regulations implementing the Federal Omnibus Transportation Employee Act of 1991. The City will conduct alcohol and controlled substances testing under this policy consistent with applicable federal laws and regulations.

Section 2: SCOPE

Employees covered by this policy are also subject to and must comply with the City’s Substance Abuse Policy (Council/Administrative Resolution No. 20-26). The requirements for covered employees set forth below are in addition to and independent from the requirements under the City’s Substance Abuse Policy.

Section 3: DEFINITIONS

Pursuant to the maintenance of a safe and drug/alcohol-free workplace, the following definitions shall apply in support of enforcing City of Brentwood’s policy:

A. Administrative Leave – Paid or unpaid leave which is imposed pending determination/investigation of possible disciplinary action or other issues. If paid administrative leave is imposed, employees are subject to restriction such as assignment to their residence during their normal working hours, except for normal lunch periods. Employees must be available by telephone at all times during these hours. Absences from the residence during duty hours must be approved in advance by the department/division manager.

B. Alcohol – Any beverage containing alcohol.

C. Commercial Drivers’ License (“CDL”) – Refers to Class A or Class B licenses.

D. Commercial Motor Vehicle – Vehicles with a gross vehicle weight of at least 26,001 pounds; vehicles with a gross combination weight of at least 26,001 pounds inclusive of a towed unit with a gross vehicle weight rating (“GVWR”) of more than 10,000 pounds; DOT placarded vehicles under hazardous material regulations; or vehicles designed to transport 16 or more passengers, including drivers.

E. Covered Employees – Means any employee of the City who operates a commercial motor vehicle (“CMV”), and has a CDL. Job classes included are listed on Attachment A.

F. Drugs/Controlled Substances – Defined as amphetamines/ methamphetamine, cocaine, marijuana, opiates, and phencyclidine (“PCP”).

G. Fitness for Duty – An individual’s ability to perform his/her assigned job free from impairment due to the use of prohibited substances.
H. Five Panel Drug Test – There are five categories of drugs established by the federal government which fall under “controlled substances”. They are cocaine, amphetamines, opiates, marijuana and phencyclidine (“PCP”). Use, sale, dispensing, possession, distribution and/or manufacture of these substances is against the law and a direct violation of the City’s policy.

I. Medical Review Officer (“MRO”) – Means a licensed physician certified to review and interpret all drug results before they are reported to the employer.

J. Premises – Buildings, property, work areas, vehicles, parking lots and any place the employee happens to be during the course and scope of City employment during regular working hours, breaks, or any pay status.

K. Pre-employment – Conducted before applicants are hired or after an offer to hire, but before actually performing safety-sensitive functions for the first time. Also required when employees transfer to a safety-sensitive position.

L. Prescription Drugs – Any drug or medication prescribed by a licensed physician for a medical condition. Use of prescribed drugs are not in direct violation of the City’s policy, however, inappropriate use or prescribed use that may cause significant impairment, thus creating a safety hazard on the job, is in direct violation of the City’s policy.

M. Program Administrator – The organization or agency with which the City contracts for drug/alcohol testing and associate services.

N. Safety-Sensitive Personnel/Job Functions – Means employees holding Commercial Drivers’ License and driving a commercial vehicle, on a full-time, part-time or intermittent basis.

O. Substance Abuse Professional (“SAP”) – Means a licensed physician, licensed or certified psychologist, social worker, employee assistance professional or an alcohol and drug abuse counselor certified by the national Association of Alcohol and Drug Abuse Counselors (“NAADAC”) Certification Commission. All persons listed in the definition must have specific knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug-related disorders to qualify.

Section 4: COVERED EMPLOYEES

Employees who are licensed to and operate the following commercial motor vehicles for the City are covered employees under this policy and applicable federal regulations:

A. a vehicle with a gross combination weight rating of at least 26,001 pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;
B. a vehicle with gross vehicle weight rating of at least 26,001 pounds;
C. a vehicle designed to transport 16 or more passengers, including the driver; or
D. a vehicle used to transport those hazardous materials found in the Hazardous Materials Transportation Act, and that is required to be placarded under applicable regulations.
Employee classifications which are “covered employees” under this policy are set forth in Attachment A.

Section 5: SAFETY SENSITIVE FUNCTIONS

A. All time at an employer or shipper plant, terminal, facility, or other property, waiting to be dispatched, unless the driver has been relieved from duty by the employer;
B. All time inspecting equipment as required by the Federal Motor Carrier Safety Regulations (FMCSRs), or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time;
C. All time spent at the driving controls of a commercial motor vehicle in operation;
D. All time, other than driving time, spent on or in a commercial motor vehicle (except for time spent resting in the sleeper berth);
E. All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
F. All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
Section 6: PERFORMING SAFETY-SENSITIVE FUNCTIONS

A covered employee is considered to be performing a safety-sensitive function during any period in which he/she is actually performing, ready to perform, or immediately available to perform any safety-sensitive function.

Section 7: PROHIBITED ACTIVITY

The following conduct is prohibited and may result in discipline of a covered employee, up to and including termination:

A. Reporting for duty or remaining on duty requiring the performance of safety sensitive functions while having an alcohol concentration level of 0.02 or greater;

B. Performing a safety-sensitive function within four hours of using alcohol;

C. Using and/or possessing, transporting, distributing, receiving, selling, purchasing or arranging for the sale, purchase or distribution of alcohol, including medicines containing alcohol (prescription or over the counter), is prohibited while on duty with the expectation of performing safety-sensitive functions, unless, with respect to medicines, the packaging seal is unbroken;

D. Reporting for duty or remaining on duty requiring the performance of safety sensitive functions when the employee used any controlled substances, except if the use is pursuant to the instructions of a licensed medical practitioner who has advised the employee that the substance will not adversely affect the employee’s ability to safely operate a vehicle. Employees who have been so advised by a licensed medical practitioner must inform the City of this fact prior to performing any safety-sensitive function;

E. Reporting for duty or remaining on duty requiring the performance of safety sensitive functions if the employee tests positive for controlled substances, or has adulterated or substituted a test specimen for controlled substances;

F. Refusing to submit to any alcohol or controlled substances test required by this policy as defined by applicable federal regulations. A covered employee who refuses to submit to a required controlled substances and/or alcohol test will be treated in the same manner as an employee who tested 0.04 or greater on an alcohol test or tested positively on a controlled substances test;

G. A refusal to submit to any controlled substances and/or alcohol test required by this policy includes, but is not limited to:

(1) Failure to appear for any test (except a pre-employment test) within the appropriate time frame after being directed to do so by the employer;
(2) Failure to remain at the testing site until the testing process is complete;
(3) Failure to provide a urine specimen for any controlled substances test required by applicable federal regulations;
(4) Failure to permit the observation or monitoring of the employee’s provision of a specimen in the case of a directly observed or monitored collection in a controlled substances test;
(5) Failure to provide a sufficient amount of urine when directed, and it has been determined that there is no adequate medical explanation for the failure;
(6) Failure or declining to take a second test the employer or collector has directed the employee to take;
(7) Failure to undergo a medical examination or evaluation, as directed consistent with federal regulations;
(8) Failure to cooperate in any part of the testing process; or
(9) When it is reported by the medical review officer that the employee has a verified adulterated or substituted test result.
H. Consuming alcohol during the eight hours immediately following an accident or until the employee undergoes a post-accident alcohol test, whichever occurs first.

Section 8: EMPLOYEES WITH ALCOHOL TEST RESULTS OF AT LEAST 0.02 BUT LESS THAN 0.04

An employee whose alcohol test indicates an alcohol concentration level between 0.02 and 0.04 will be temporarily removed from his or her safety sensitive position for at least 24 hours consistent with applicable federal regulations. Such employees may be subject to disciplinary action under City policy up to and including termination.

Section 9: TYPES OF TESTING

A. Pre-Employment Controlled Substances Testing:
All applicants for classifications which are covered by the DOT regulations and subject to this policy as well as all employees who transfer from classifications which are not covered to classifications which are covered will be required to submit to pre-employment/pre-duty controlled substances testing consistent with applicable law and regulations.
Applicants who refuse to submit to testing, as described in applicable federal regulations, or who do not have a verified negative test, are ineligible for hire in the safety-sensitive position.
B. Post-Accident Testing:

(1) Alcohol Testing:
Post-Accident alcohol testing shall be administered within two (2) hours following an accident and no test may be administered after eight (8) hours following an accident. Post-accident alcohol tests will be conducted consistent with applicable federal regulations.
An accident occurs when, as a result of an occurrence involving the vehicle an individual dies, or when a State or local law enforcement authority issues a citation to the covered employee driver for a moving violation arising from the accident within eight (8) hours of the accident if the accident involved bodily injury treated away from the scene or a vehicle is required to be towed from the scene.
(2) Controlled Substances Testing:
Post-accident controlled substances testing will be conducted on covered employees who are drivers as soon as practicable following an accident, consistent with applicable federal regulations. However, post-accident controlled substances tests are not to be administered after thirty-two (32) hours from the accident.
An accident occurs when, as a result of an occurrence involving the vehicle an individual dies, or when a State or local law enforcement authority issues a citation to the covered employee driver for a moving violation arising from the accident within thirty-two (32) hours of the accident if the accident involved bodily injury treated away from the scene or a vehicle is required to be towed from the scene.
(3) Employee Responsibility:
A driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the employer to have refused to submit to testing. This provision shall not be construed to require the delay of necessary medical attention for injured persons following the accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.
C. Random Testing:

Covered employees will be subject to random alcohol and/or controlled substances tests consistent with applicable federal regulations.
(1) Alcohol Testing:
The City will subject at least the percentage of employees established by the federal government to random alcohol testing per year. A random alcohol test will be administered 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. Every covered employee who is notified of selection for random alcohol testing shall cease to perform safety-sensitive functions and shall immediately proceed to the test site, except that if the covered employee is performing a safety-sensitive function other than driving a commercial vehicle, at the time of notification, the covered employee shall cease performing the safety-sensitive function and proceed to the testing site as soon as possible.
(2) Controlled Substances Testing:
A random controlled substances test will be administered to at least the percentage of employees established by the federal government. Every covered employee who is notified of selection for random controlled substances testing shall cease to perform safety-sensitive functions and shall immediately proceed to the test site, except that if the covered employee is performing a safety-sensitive function other than driving a commercial vehicle, at the time of notification, the covered employee shall cease performing the safety-sensitive function and proceed to the testing site as soon as possible.
D. Reasonable Suspicion Testing:

Covered employees are also required to submit to an alcohol or controlled substances test when a trained supervisor has reasonable suspicion to believe the employee is under the influence of alcohol or controlled substances. The observation must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the covered employee. Additionally, observations for controlled substances testing may also include indications of the chronic and withdrawal effects of controlled substances.
A reasonable suspicion alcohol test must be administered within two hours of the observation. If not, the employer must provide written documentation as to why the test was not promptly conducted. No reasonable suspicion alcohol test may be administered after eight (8) hours following the observation.
To ensure that supervisors are trained to make reasonable suspicion determinations, supervisors vested with the authority to demand a reasonable suspicion controlled substances or alcohol test will receive appropriate training. In determining when reasonable suspicion is present, a written record shall be made of the observations leading to a reasonable suspicion test signed by the supervisor or City official who made the observations within 24 hours of the observed behavior or before the results of the alcohol or controlled substances tests are released, whichever is earlier. The report shall be made on a City Substance Abuse Report form (Attachment B).
E. Return To Duty/Follow-up Testing:
A covered employee who has violated any of the prohibitions of this policy must submit to a return to duty test before he/she may be returned to his/her position, consistent with applicable federal regulations. The test result must indicate an alcohol concentration of less than 0.02 or a verified negative result on a controlled substances test. The employee must also be evaluated and released for duty by a Substance Abuse Professional (SAP) prior to returning to work. In addition, the employee will be subject to follow-up testing as determined by the SAP which is separate from the random testing obligation. The employee will be subject to at least six unannounced drug/alcohol tests during the first year back to the safety sensitive position following the violation, as determined by the SAP.

Section 10: TESTING PROCEDURES

Analytical urine drug testing and breath testing for alcohol will be conducted consistent with the procedures set forth in 49 Code of Federal Regulations Part 40. These regulations are available for review in the Human Resources Division.

A. Alcohol Testing:
Alcohol testing will be conducted consistent with federal regulations by using an evidential breath testing device (“EBT”) approved by the National Highway Traffic Safety Administration (“NHTSA”). Non-EBT devices approved by the NHTSA may be used only for initial screening tests.
A screening test will be conducted first. If the result is an alcohol concentration level of less than 0.02, the test is considered a negative test. If the alcohol concentration level is 0.02 or more, a confirmation test will be conducted.
B. Controlled Substances Testing:

Controlled substances testing will be conducted in general as follows, consistent with applicable federal regulations:
(1) The urine specimen will be split into two bottles labeled as “primary” and “split” specimen. Both bottles will be sent to a certified laboratory;
(2) Urine samples will be tested only for the following: marijuana metabolites, cocaine metabolites, opiates metabolites, amphetamines, and phencyclidine (PCP);
(3) If the initial test is positive for one or more of the drugs, a confirmation test will be performed;
(4) All drug test results will be reviewed and interpreted by a Medical Review Officer (MRO) before they are reported to the employee and then to the City;
(5) With all positive drug tests, the MRO will first contact the employee to determine if there is an alternative medical explanation for the positive test result. If documentation is provided and the MRO determines that there was a legitimate medical use for the prohibited drug, the test result may be reported to the City as “negative;”

(6) If the urinalysis of the primary specimen tests positive for the presence of illegal, controlled substances, the employee has 72 hours to request that the split specimen be analyzed by a different certified laboratory.
C. For reasonable suspicion and post-accident testing, the employee to be screened will be accompanied by his/her supervisor within sufficient time to meet the applicable timeframes set forth in the policy to:

(1) Muir/Diablo Occupational Medicine

For random testing, the employee shall report directly to Muir/Diablo Occupational Medicine, 2400 Balfour Road, Suite 230, Brentwood, after being notified by his/her supervisor, consistent with this policy.

Section 11: CONSEQUENCES OF FAILING CONTROLLED SUBSTANCES AND/OR ALCOHOL TEST

A positive result from a controlled substances and/or alcohol test (0.02 or greater) may result in disciplinary action, up to and including termination.

If a covered employee is not terminated, the employee:

A. Must be removed from performing any safety sensitive function;

B. Must submit to an examination by a Substance Abuse Professional (SAP). Upon a determination by the SAP, the employee may be required to undergo treatment for his/her drug and/or alcohol abuse. The City is not required to pay for this treatment;

C. May not be returned to his/her former safety-sensitive position until the employee submits to a return-to-duty drug and/or alcohol test (depending on which test the employee failed) which indicates an alcohol concentration level of less than 0.02 or a negative result on a drug test;

D. Will be required to submit to unannounced follow-up testing after he/she has been returned to his/her safety sensitive function; (See Section 7.E above.)

E. May be required to execute a last chance agreement as a condition of their return to work;

F. A covered employee who refuses to submit to any required controlled substances and/or alcohol test will be treated in the same manner as an employee who tested 0.04 or greater on an alcohol test or positively on a controlled substances test.

Section 12: CONFIDENTIALITY

Laboratory reports or test results will be maintained in a manner consistent with applicable statutory and regulatory requirements.

Section 13: ACKNOWLEDGMENT AND CONSENT

Employees will be asked to sign an Acknowledgment and Consent form (Attachment C) authorizing the drug/alcohol testing and permitting release of test results to those City officials, on a strictly need-to-know basis. The Acknowledgment and Consent form shall include language that employees acknowledge that they have read the City’s drug/alcohol testing policy and their responsibility to seek clarification when necessary.

Section 14: EMPLOYEE ASSISTANCE PROGRAM (EAP)

The City’s Employee Assistance Program (“EAP”) applies to all employees and eligible dependents. The program is coordinated by the City’s Human Resources Division with the provider Mental Health Network (MHN) for EAP services.
The EAP provides up to eight (8) sessions of counseling services, per issue, free of charge for employees and their household family members. If additional professional help is warranted, the employee or family member may be referred to their health insurance plan provider, community agency, or other professionals for further assistance.

EMPLOYEE QUESTIONS

Any employee shall refer questions regarding his/her rights and obligations under this policy to the Human Resources Division.

ATTACHMENT A

Classifications with a Commercial Driver’s License

Covered Employees – Means any employee of the City who operates a commercial motor vehicle (“CMV”), and has a commercial driver’s license (“CDL”). Covered employees include, but are not limited to, the following:

1. Parks and Recreation
A. Parks
1) Landscape/Facilities Manager
2) Landscape/Facilities Supervisor
3) Landscape/Facilities Worker I/II

2. Public Works Operations
A. Fleet
1) Equipment Mechanic
2) Fleet Manager
3) Senior Equipment Mechanic

B. Solid Waste
1) Solid Waste Equipment Operator I/II
2) Solid Waste Manager
3) Solid Waste Relief Driver
4) Solid Waste Supervisor

C. Streets
1) Senior Street Maintenance Worker
2) Street Maintenance Worker I/II
3) Street Sweeper Operator

D. Wastewater
1) Collection System Worker I/II
2) Wastewater Maintenance Supervisor
3) Wastewater Treatment Plant Op III

E. Water
1) Senior Water Distribution Worker
2) Water Distribution Worker I/II
3) Water Operations Manager

ATTACHMENT B – Part 1
CITY OF BRENTWOOD SUBSTANCE ABUSE REPORT

REASONABLE SUSPICION

DATE: ___________________________

Name of suspected offender:

Job Title of suspected offender:

Date of Incident(s)

Time of Incident(s)

OBSERVATIONS:

OTHER PERTINENT FACTS:

WITNESSES:

ATTACHMENT B – Part 2

PRESCRIPTION INFORMATION:

(Completed by Supervisor or Department Director after the rest of the form is completed)

Note: This portion must not be completed in front of or visible to non-supervisors or non-Department Directors for privacy reasons.

Date of Rx: ___________________, Names of Rx: _________________________


Patient Name __________________, Dosage Prescribed: ____________________


Dr.’s Name: ____________________, Dosage Remaining: ____________________

______________________________ _____________________________
Signature of Individual Date
Completing this Form


INSTRUCTIONS FOR COMPLETING SUBSTANCE ABUSE REPORTING FORM

You must be able to document, on this form, the facts which lead you to have a reasonable suspicion that the person in question is under the influence of a substance. This report must be completed within 24 hours of asking the employee to submit to a drug and/or alcohol test.

Write down the names of any other employees who observed the substance abuse behaviors.

Prescription drugs are not a violation of the policy; however, the person in question must be able to produce a prescription bottle or container which shows name, dosage and prescribing doctor. In the event you believe that the person in question is abusing their own prescription, do not confiscate the medication. Write down the pertinent information in the space provided.

Submit this form to the Personnel Department within 24 hours of the incident.

ATTACHMENT C

Acknowledgment and Consent

I hereby acknowledge that I have received a copy of the City’s Drug and Alcohol Testing Policy concerning drug and alcohol testing as required by the Federal Highway Administration (“FHWA”), 49 CFR Part 382 and DOT Procedures for Transportation Workplace Drug Testing Program, 49 CFR Part 40.

I have read and clarified with my supervisor or a Human Resources Division representative any questions regarding the provisions outlined in the City’s Drug and Alcohol Testing Policy. I agree to comply with all the requirements contained therein, including consenting to any drug and/or alcohol testing when requested and permitting the release of test results to those City officials on a strictly need-to-know basis. I understand that compliance with the Drug and Alcohol Testing Policy is a condition of employment with the City. I understand that disciplinary action, up to and including termination, may be taken if I am found in violation of the policy.

Date Employee’s Signature
Employee’s Printed Name

Date Witness’ Signature
Witness’ Printed Name

Section 1: PURPOSE

The purpose of this policy is to set forth the City of Brentwood’s (hereinafter “City”) policy prohibiting unlawful workplace discrimination and harassment, and establish a procedure for filing a complaint of unlawful discrimination and/or harassment.

Section 2: APPLICABILITY

This policy applies to all employees of the City, including full-time, part-time and Limited Service, elected and appointed officials, as well as volunteers, agents, vendors and contractors.

Section 3: POLICY AND PROCEDURE

A. Prohibited Harassment and Discrimination

The City will strive to provide a work environment where all persons can work together comfortably and productively, free from illegal harassment and discrimination. The City prohibits the unlawful discrimination against or harassment of any of its employees based on an individual’s race, religion, color, sex, age, national origin, ancestry, marital status, medical condition, sexual orientation, or physical and mental disability or any other legally protected characteristic.

Prohibited harassment may include, but is not limited to, epithets, slurs, derogatory comments or jokes, intimidation, negative stereotyping, threats, assault or any physical interference with the employee’s normal work or movement, directed at any employee or employees. Harassment may also include written or graphic material placed on walls, bulletin boards or elsewhere on the City’s premises or circulated in the workplace that denigrates, shows hostility or aversion towards an individual or group because of the characteristics identified above.

Whether or not the person meant to offend or believed his or her comments or conduct were welcome is not significant.

B. Sexual Harassment

The City also is committed to providing a workplace free from sexual harassment. Sexual harassment is a type of prohibited harassment which deserves special mention. Sexual harassment is defined as unwelcome sexual conduct of any nature that creates an offensive or hostile work environment or unwelcome sexual conduct that is made a condition of working at the City. Sexual harassment, like other forms of harassment, will not be tolerated by the City.

Prohibited sexual harassment includes unwelcome sexual conduct such as:

• Verbal harassment (e.g., sexual requests, comments, jokes, slurs);

• Physical harassment (e.g., touching, kissing); and/or

• Visual harassment (e.g., posters, cartoons or drawings of a sexual
nature).

Whether or not the offending person meant to offend, or believed his or her comments or conduct were welcome, is not significant.

C. Workplace Defined

The workplace is not limited to City facilities but may also include client and vendor facilities, and City-related functions held off of City property (i.e., City Council meeting at a privately-owned community meeting room or attendance at an off-site conference). Additionally, any place that employees and their supervisor are together may be seen as the workplace.

D. Training

The City is committed to comply with mandated training as required by the State of California.

E. Complaint Procedure

(1) If an employee believes that he or she has been harassed by any City employee, vendor, client, or other business contact, the employee should immediately report the incident to his or her supervisor. If the immediate supervisor is involved in the reported conduct or, for some reason, the employee feels uncomfortable about making a report to that supervisor, the employee should report the incident to another supervisor or any Department Director, or report the incident directly to the Human Resources Division.

(2) A supervisor who becomes aware of conduct that may constitute prohibited harassment is required to immediately contact their Department Director and the Human Resources Division. Police Department supervisory employees shall follow their department policy.

(3) Any employee may report incidents of harassment, discrimination or workplace wrongdoing to the City’s Collective Risk Management Team, or to the Employment Protection Line, a 24 hour, 7 day per week, toll-free reporting hotline monitored by an independent third party who will notify the City of the incident. The hotline number is: (800) 576-5262. The City ID is: 10079.

The City will not retaliate, nor will it tolerate retaliation, against employees who complain in good faith about prohibited harassment in the workplace.

The City will investigate any report of prohibited harassment or retaliation. All employees and supervisors have a duty to cooperate in the City’s investigation of alleged harassment or retaliation. Failure to cooperate or deliberately providing false information during an investigation shall be grounds for disciplinary action up to, and including, termination.

The City will take whatever corrective action is deemed necessary, including any disciplinary action up to, and including, discharging any individual who is believed to have engaged in prohibited discrimination, harassment or retaliation, or violated this policy in any manner.

Although the City has limited ability to discipline non-employees who violate this Policy (e.g. vendors and contractors), it will take remedial action aimed at ensuring that the harassing/discriminatory conduct stops.

F. Confidentiality

Every possible effort will be made to assure the confidentiality of complaints made under this policy. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the greatest extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Personnel Officer. Any individual who discusses the content of an investigatory interview will be subject to discipline. 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.

G. 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 Department of Fair Employment and Housing (DFEH). These administrative agencies offer legal remedies and a complaint process.

By mail: U.S. Equal Employment Opportunity Commission
P.O. Box 7033
Lawrence, Kansas 66044

By phone: 1-800-669-4000

By e-mail: info@ask.eeoc.gov

*********************************************

California Department of Fair Employment and Housing
Web-site: www.dfeh.ca.gov
Employment/Public Accommodations: 1-800-884-1684
Housing: 1-800-233-3212
Hate Violence: 1-800-884-1684
TTY: 1-800-700-2320

Section 1: PURPOSE

It is the policy of the City of Brentwood (“City”) to provide a drug-free and alcohol-free work environment for its employees. Being under the influence of drugs or alcohol on the job poses serious risk to City employees and the health and welfare of the citizens of the City. Accordingly, the purpose of this policy is to eliminate and prevent substance abuse and its effects in the workplace.

Section 2: POLICY

The unlawful manufacture, distribution, dispensing, possession, use, or being under the influence of controlled substances (drugs) or be under the influence or possess open containers of alcohol during work hours, while on paid standby, in the workplace whether on or off City property, or while operating City vehicles and equipment is prohibited.

Section 3: APPLICATION

This policy applies to all City employees as well as all applicants for positions with the City. This policy applies to alcohol and to all substances, drugs, or medications, legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of the job.

While use of medically prescribed medication and drugs is not per se a violation of this policy, failure by the employee to notify his/her supervisor before beginning work when taking such medication or drugs which may interfere with the safe and effective performance of their duties or operations of City equipment will be considered a violation of this policy. In the event there is a question regarding the employee's ability to safely and effectively perform the assigned duties while using such medication or drugs, clearance from a qualified physician will be required.

Section 4: PROHIBITIONS

The following conduct is prohibited and may result in disciplinary action up to and including termination from employment. It is the City's policy that no employee shall:

A. Report for duty or remain on duty while under the influence of alcohol or drugs;

B. Be under the influence of alcohol or drugs while on standby;
C. Possess illegal drugs while on duty;
D. Use alcohol or drugs while on duty or while on standby;
E. Sell, distribute or provide alcohol or drugs, either directly or through a third party, to any employee or person while on duty or while on standby;
F. Have their ability to work impaired as a result of the use of alcohol or drugs (including absences related directly or indirectly to the use of alcohol or drugs);
G. Possess drugs or alcohol while operating City-owned equipment or vehicles;
H. Report for duty or remain on duty if the employee tests positive for illegal drugs or alcohol;
I. Refuse or fail to submit to or cooperate in any alcohol or drug test required by this Policy; or
J. Take any action to interfere with or negate a test taken pursuant to this Policy.
Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and shall be detained for a reasonable time until an authorized City representative or law enforcement representatives can transport the employee from the work site for testing.

Section 5: EMPLOYEE RESPONSIBILITIES

An employee shall:

A. abide by this Policy as a condition of employment;
B. not engage in any conduct prohibited by this Policy;

C. submit immediately to a drug and/or alcohol test when requested by a responsible director, manager, or supervisor;

D. notify his/her supervisor, before beginning work or when contacted for call back, when taking any medications or drugs, prescription or non-prescription, or alcohol, which may interfere with the safe and effective performance of duties and/or operation of City equipment;

E. upon request provide a current valid prescription for any drug or medication identified when a drug analysis is positive within a reasonable time period. The prescription must be in the employee's name; and

F. notify the City of any conviction under a criminal drug statute for a violation occurring in the workplace or on work time no later than five (5) days after such conviction. When required by federal law, the City will notify any federal agency with which it has a contract or grant of any employee who has been convicted under a criminal drug statute for a violation occurring in the workplace or on work time.

Section 6: MANAGEMENT RESPONSIBILITIES AND GUIDELINES

A. Directors, managers and supervisors are responsible for enforcement of this policy.

B. Directors, managers and supervisors may request that an employee submit to a drug and/or alcohol test when a director, manager or supervisor has a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol. "Reasonable suspicion" is a belief based on objective and articulable facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform his/her job safely is reduced.

For example, any of the following, alone or in combination, may constitute reasonable suspicion:

(1) Slurred speech;
(2) Alcohol on breath;
(3) Problems walking or other physical activity impairments;

(4) An accident involving City property;
(5) Physical altercation;
(6) Verbal altercation;
(7) Behavior which is so unusual that it warrants summoning a supervisor or anyone else with authority;
(8) Possession of alcohol or drugs;
(9) Information obtained from a reliable person with personal knowledge.

C. Any director, manager or supervisor requesting an employee to submit to a drug and/or alcohol test shall, within 24 hours, document in writing, using the City's Substance Abuse form, (Attachment A) the facts constituting reasonable suspicion that the employee in question is intoxicated or under the influence of drugs and/or alcohol.

D. Any director, manager or supervisor encountering an employee who refuses to submit to a drug and/or alcohol test upon request shall remind the employee of the requirements and consequences of this policy. Any employee refusing to submit to a drug and/or alcohol test shall not be forced to submit to such testing but will be subject to discipline, including termination, for insubordination for refusal to do so. The director, manager or supervisor should require the employee to remain on the premises for a reasonable time until an authorized City representative or law enforcement representative can arrange for transport of the employee for testing or home in the event of refusal.

E. Directors, managers and supervisors shall not physically search employees.

F. Directors, managers and supervisors shall notify the appropriate law enforcement agency when they have reasonable suspicion to believe that an employee may have illegal drugs in his or her possession or in an area not jointly or fully controlled by the City.

G. Directors, managers and supervisors shall not confiscate, without consent, prescription drugs or medications from an employee who has a prescription.

Section 7: EMPLOYEE COMPLAINT

A. Any employee may file a complaint with their department director regarding any employee whose performance is being affected by substance abuse.

B. An employee filing a complaint shall, within 24 hours, document in writing, using the City's Substance Abuse Form, the facts constituting reasonable suspicion that the employee in question was intoxicated or under the influence of drugs and/or alcohol.

C. Complaints which are determined to be malicious or with the intent to cause trouble for another employee, will not be tolerated and will subject the complaining individual to disciplinary action, up to and including termination. Likewise, any retaliation against any employee for filing a complaint that is not malicious or with the intent to purposely cause trouble for another employee, will not be tolerated and will subject the retaliator to disciplinary action, up to and including termination.

Section 8: TESTING
Drug and/or alcohol testing will be conducted at an approved testing laboratory selected by the City. All positive test results will be confirmed by a second test. For samples deemed positive for drug use, employees may elect to retest a confirmed positive sample at the same or another approved laboratory, at their own expense.

Section 9: RESULTS OF DRUG AND/OR ALCOHOL ANALYSIS

Employees will not be permitted to work until the results of the test have been determined. Upon receipt of the laboratory analysis results, employees will be notified. A positive result from a drug and/or alcohol test may result in disciplinary action, up to and including termination.

An employee who has violated any of the prohibitions of this Policy and is not terminated as a result must submit to a return to duty test before he/she may be returned to his/her position. The test result must indicate an alcohol concentration of less than 0.02 or a verified negative result on a drug test. In addition, the employee may be subject to, but not limited to, unannounced follow-up testing during the first year after his/her return to work and may also be required to execute a last chance agreement as a condition of their return to work.

Section 10: CONFIDENTIALITY

Laboratory reports or test results will be maintained in a manner consistent with applicable laws and regulations.

Section 11: POLICY VIOLATIONS

Violations of this Policy may be grounds for disciplinary action, up to and including termination from employment. Refusal to submit immediately to a drug and/or alcohol test when requested by the director, manager, supervisor or law enforcement personnel, failure to cooperate during testing, or any acts taken by the employee to negate testing procedures, may constitute insubordination and may be grounds for discipline up to and including termination.

Section 12: SEARCHES

The City reserves the right to search, without employee consent, all areas and property in which the City maintains full or joint control with the employee for the purpose of detecting the presence of alcohol or illegal drugs. (All searches applying to sworn personnel shall be consistent with Government Code Section 3309 - Police Officer Bill of Rights). Areas in which the City maintains full control include but are not limited to all City owned properties, buildings and City owned equipment, including City vehicles. Areas jointly controlled by the City and the employee include but are not limited to desks, lockers, file cabinets, office cabinets and bookshelves. Otherwise, the City may notify the appropriate law enforcement agency that an employee may have illegal drugs in his or her possession or in an area not jointly or fully controlled by the City.

Section 13: EMPLOYEE ASSISTANCE PROGRAM

The City has a well established voluntary Employee Assistance Program (EAP) to assist employees who seek help for substance abuse problems. The EAP is available for assessment, referral to treatment, and follow-up. Any City employee wishing confidential assistance for a possible alcohol or drug problem can call the EAP office and arrange for an appointment with a counselor. Employees who are concerned about their alcohol and/or drug use are strongly encouraged to voluntarily seek assistance through the EAP or health insurance program. In addition, employees who are concerned about alcohol and/or drug use among their coworkers should strongly encourage those individuals to seek assistance through the EAP.

Section 14: ACCOMMODATION

The City is committed to providing reasonable accommodation to those employees with a drug or alcohol problem in accordance with the provisions of state and/or federal law.
Section 15: PRE-EMPLOYMENT TESTING OF JOB APPLICANTS FOR POSITIONS NOT COVERED BY DOT REGULATIONS

Job offers made to outside applicants applying for employment with the City are contingent upon the successful completion of a drug and alcohol screening as part of a pre-employment medical examination.

(ATTACHMENT A – Part 1)

CITY OF BRENTWOOD SUBSTANCE ABUSE REPORT

DATE: ___________________________

Name & Position Title of Suspected Offender

Date of Incident(s) _________________________________________

Time of Incident(s) _________________________________________

OBSERVATIONS:

OTHER PERTINENT FACTS:

WITNESSES:

(ATTACHMENT A, Part 2)

PRESCRIPTION INFORMATION: This portion must be completed only by Supervisor or Department Director after the rest of the form is completed.
This portion should not be completed in front of or visible to non-supervisors or non-Department Directors for privacy reasons.

Date of Rx:_____________________, Names of Rx:__________________________

Patient Name:___________________, Dosage Prescribed: ____________________

Dr.’s Name: ____________________, Dosage Remaining:_____________________

______________________________ _____________________________
Signature of Individual Date
Completing this Form

INSTRUCTIONS FOR COMPLETING SUBSTANCE ABUSE REPORTING FORM

1. You must be able to document, on this form, the facts which lead you to have a reasonable suspicion that the person in question is under the influence of a substance. This report should be completed within 24 hours of asking the employee to submit to a drug and/or alcohol test.
2. Write down the names of any other employees who observed the substance abuse behaviors.
3. Prescription drugs are not a violation of the policy, however, the person in question must be able to produce a prescription bottle or container which shows name, dosage and prescribing doctor. If you believe that the person in question is abusing their own prescription medication, you are advised that you shall not confiscate the medication. Write down the pertinent information in the space provided.
4. Submit this form to the Human Resources Manager or Assistant City Manager within 24 hours of the incident.

ATTACHMENT B

Acknowledgment and Consent

I hereby acknowledge that I have received a copy of the City’s Substance Abuse Policy concerning alcohol and drugs or medications, legal or illegal, which could impair an employee’s ability to effectively and safely perform the functions of the job.

I have read and clarified with my supervisor or a Human Resources Division representative any questions regarding the provisions outlined in the City’s Substance Abuse Policy. I agree to comply with all the requirements contained therein, including consenting to drug and/or alcohol testing when appropriate and permitting the release of test results to City officials on a strictly need-to-know basis. I understand that compliance with the Substance Abuse Policy is a condition of employment with the City. I understand that disciplinary action, up to and including termination, may be taken if I am found in violation of the policy.

______________________________ _____________________________
Date Employee’s Signature

_____________________________
Employee’s Printed Name

______________________________ _____________________________
Date Witness’ Signature
_____________________________
Witness’ Printed Name

Section 1: PURPOSE

All City employees are expected to conduct themselves in a manner that promotes the City’s Core Values.

The City of Brentwood recognizes the rights of its employees to become involved in personal, financial, or business relationships with employees/volunteers of the City of Brentwood and/or others who do not work for the City. The City will not discriminate on the hiring or promoting of employees who are in a personal or business relationship. However, it is the policy of the City to ensure that employees carry out their duties with impartiality and fairness, so that public and organizational confidence in the actions of our employees is maintained. It is important for all personnel of the City to recognize that the appearance of a conflict of interest can be as damaging to the reputation of the individual and the City as an actual conflict of interest and, therefore, it is just as important to avoid even the appearance of a conflict of interest. Accordingly, it is important that the City remains vigilant of perceptions and that we eliminate the appearance of impropriety.

The purpose of this policy is to establish the City’s policy on relationships between employees that may give rise to actual, potential, or perceived conflicts of interest between professional responsibilities and personal relationships and/or create an adverse impact on the City’s supervision, productivity, safety, security, or morale.

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.

When one employee becomes involved in a personal, financial, or business relationship with another employee over whom that supervisor or manager has the power to influence salary, promotions, assignments, economic opportunities, or disciplinary matters, the relationship may result in overt or covert favoritism or perceptions of favoritism that adversely affect the department. It can also create an environment where a supervisor or manager can lose the respect and credibility of subordinates, thus reducing their effectiveness. Supervisors and managers at all levels must be accountable for behavior affecting the workplace that stems from these types of relationships between employees.

Section 2: DEFINITIONS
The following definitions apply to each section of this Policy:
A. Business Relationship
A relationship between two or more people that is based on a financial agreement or business partnership.

B. Conflict of Interest
It is not feasible to identify every personal, financial, or business relationship that gives rise to an actual or potential conflict of interest between a City member’s professional duties and responsibilities, and his or her personal, financial, or business interests. Generally, however, an actual or potential conflict of interest shall be considered to exist when there is a reasonable concern that the City employee may take action, fail to take action, make a decision, or fail to make a decision based, in whole or in part, on his or her personal relationship, financial, or business interests.

C. Departments
Administration
City Attorney
City Manager
Community Development
Finance and Information Systems
Parks and Recreation
Police
Public Works

D. Financial Relationship
Any relationship between two or more City employees where any party involved has any type of financial obligation or responsibility to another.

E. Personal Relationship
Any relationship that extends beyond simple friendship, to include, but not limited to marriage, familial, dating, cohabitation, or other intimate relationship. These relationships include an employee’s spouse, ex-spouse, significant other, child, stepchild, parent, stepparent, grandparent, grandchild, sibling, or child of the employee’s spouse, or domestic partner.

F. Relative
Means an employee, elected or appointed official’s spouse, domestic partner, significant other, child, stepchild, parent, stepparent, grandparent, grandchild, sibling, or child of the spouse or domestic partner.

G. Significant Other or Domestic Partners
Individuals who are living together and sharing a common domestic life together.

H. Subordinate
A person who reports to another based on job classification or who based on assignment or training requirements is actively being evaluated by another member of the City

I. Supervisor
A person who has authority, direct or indirect, over another by virtue of his or her rank, job classification, or training assignment, including but not limited to: City Council and Mayor, Directors, management employees and supervisors.

J. Trainee
A person who is new to the City or a position within the City, and who is under the direct supervision of a trainer for the purposes of training and evaluation.

K. Trainer
A person who is responsible for training and evaluating employees who are new to the City or new to a position within the City that is subject to a structured training and evaluation process.

Section 3: POLICY
No relative shall be appointed to or placed in any position where one relative would be subject to direct supervision, evaluation, or discipline, by the other relative. No relative shall be appointed to or placed in any position where one relative would be responsible for the safety of another relative. No two relatives shall be appointed to or placed in any position that would compromise or have the possibility of compromising the security of any property or money entrusted to the City.

Relatives of elected officials may only be considered for Limited Service employment with the City. Limited Service employment includes, but is not limited to, hourly, temporary, limited part-time, intermittent, student, project, intern, some contract positions, emergency, and seasonal positions. This type of employment is “at-will” and does not provide any type of property interest, express or implied.

Employees shall not have personal, financial, or business associations or dealings with persons who they know or should reasonably suspect are racketeers, sexual offenders, felons, suspected felons, persons under criminal investigation or indictment, or who have a reputation in the community for present felonious involvement or criminal behavior, except as necessary in the performance of official duties, or if they are relatives.

Relatives, or significant others, who are currently employed by the City on the date of adoption of this document, and who are presently assigned to a position where a relative is directly supervising another relative, shall remain in that assignment for its normal duration and will not be affected by the provisions set forth in this policy, unless an actual conflict is determined to exist and/or it is determined that the continuance of the assignment has an actual adverse impact on supervision, productivity, safety, security, or morale.

Once the affected employee’s present assignment has concluded its normal duration, the affected employee is subject to the provisions set forth in this policy statement and shall not be allowed to work in any other assignments with the other relative.

In the event a relationship is in conflict with this policy, one of these employees may be transferred to another assignment, within the same classification, as determined by the City. The City will try to accommodate employees and permit the affected employees to maintain existing work hours and days off. If no such assignment is available, then one of the employees will be required to terminate employment with the City. The decision as to which employee terminates will initially be left solely to the subject-employees. If no alternative assignment is available and neither employee voluntarily leaves the City, the City shall determine which employee to retain based on the operational needs of the City, length of City service, or performance record.

Section 4: GUIDELINES
A. An employee shall not directly supervise, nor be directly supervised by a relative or another employee with whom they have a personal, business, or financial relationship.
B. An employee shall not recommend advancement, contribute to a performance rating, or take part in decisions regarding the assignment or placement of another employee who is a relative or with whom they have a personal, business, or financial relationship.
C. Employees who are relatives or who have a personal, business, or financial relationship shall not work on the same patrol watch. They may work in the same work group provided the above listed restrictions are not violated, and provided that the relationship is consistent with safety, security, supervision, or morale.
D. In the event of overtime or special circumstances, including, but not limited to special events and emergency call-outs, if an employee finds him/ herself in a situation in which he or she is in conflict with this policy, they must immediately notify the Supervisor / Division Manager / Command Officer working at that time.
E. Personnel who are relatives or who have a personal, business, or financial relationship may work in the same work group (with the exception of working on the same Patrol team) provided they are of the same job classification/organizational level, and such a relationship does not impair safety, security, supervision, or morale.
F. Personnel who are in different classifications and who are relatives or have a personal, business, or financial relationship may work in the same work group (but cannot work on the same Patrol and/or shift provided they meet the restrictions of this policy, and provided that the relationship is consistent with safety, security, supervision, or morale).
G. Two supervisors who are relatives or who are involved in a personal, business, or financial relationship shall not work on the same shift. This restriction applies whether or not the supervisors are in the same classification or job, or in different classifications or different jobs.
H. Trainer - Trainee
1. The relationship between the Trainer and the Trainee is defined as a supervisory subordinate relationship for purposes of this policy. This relationship extends past the duration of actual training and shall be deemed ongoing until such time the Trainee passes his or her probationary status.
2. During such time as the Trainee is being actively trained and evaluated in a probationary status, Trainers will not socialize nor associate with Trainees while either is off-duty, unless at a City sponsored event. Any relationship will be of a professional nature and strictly business related.
3. Trainer personnel will not have or seek to have a personal relationship with the Trainee, including but not limited to dating or other intimate relationship, while they are in the Training program. If a Trainer is related to a Trainee or if he or she had a personal or business relationship with the Trainee, which began before the City hired the Trainee, the Trainer must advise their immediate supervisor and the Department Head / Division Manager of the relationship. The Trainer will be excluded from the Trainee’s training team.
4. Trainers will not live with or rent rooms to any Trainee while they are in the Training program, nor enter into any financial arrangements with any Trainee.
5. Trainers will not accept gifts from nor give gifts to the Trainees while they are in the Training program.
Section 5: MEMBERS OF THE PUBLIC
A. City personnel shall refrain from developing personal, financial, or business relationships with witnesses, victims, informants, or any other party to matters of official business, including active investigations and/or prosecution, with the City that may affect the agency’s ability to accomplish its mission. The purpose of this order is to avoid the appearance of a conflict of interest, whether or not a conflict of interest actually exists.
B. Any City employee, who in any capacity, required to take emergency enforcement action involving a person with whom that member has a personal, financial, or business relationship shall notify a supervisor of the circumstances as soon as it is practical and after taking any emergency actions necessary to stabilize the incident. The supervisor summoned to the scene of the incident will make a determination as to the appropriateness of the employee’s continued participation in the enforcement action by evaluating the potential conflict of interest and the possible impact to any anticipated prosecution. If no emergency is present, the employee should not take any action and immediately inform his or her supervisor of the circumstances.
C. The giving or accepting of gifts is prohibited as defined in Council/Administrative Policy No. 20-3. Please see the policy for details.
D. Employees who believe they may have an actual or potential conflict of interest with a member of the public shall make their circumstances known to their immediate supervisor(s). In evaluating the circumstances, the supervisor shall consider the needs of the individual(s) and those of the City.
1. Employees who are uncertain about the effect of a particular relationship should consult his/her supervisor.
Section 6: DUTY TO NOTIFY CHAIN OF COMMAND
A. In the event that a City employee is in or enters into a personal, financial, or business relationship that gives rise to an actual or potential conflict of interest between his/her professional duties and responsibilities and his/her personal relationship, financial, or business interests, the employee shall immediately notify their Department Head / Division Manager either in person or through their chain of command.
B. Once a Department Head / Division Manager becomes aware of a personal, financial, or business relationship between City employees that gives rise to an actual or potential conflict of interest, as defined under this procedural directive, the Department Head / Division Manager shall take appropriate action to eliminate the actual or potential conflict of interest.

Section 7: ENFORCEMENT PROCEDURES

Relatives who are currently employed by the City on the date of adoption of this administrative policy, and who are presently assigned to a position where he or she works with another relative, shall remain in that assignment for its normal duration and will not be affected by the provisions set forth in this policy statement, unless an actual conflict is determined to exist and/or it is determined that the continuance of the assignment has an actual adverse impact on supervision, productivity, safety, security, or morale.

Once the affected employee’s present assignment has concluded its normal duration, the affected employee is subject to the provisions set forth in this policy statement and shall not be allowed to work in any other assignments with the other relative.

In the event of a relationship is in conflict with this policy, one of these employees may be transferred to another assignment, within the same classification, as determined by the City. The City will try to accommodate employees and permit the affected employees to maintain existing work hours and days off. If no such assignment is available, then one of the employees will be required to terminate employment with the City. The decision as to which employee terminates will initially be left solely to the subject-employees. If no alternative assignment is available and neither employee voluntarily leaves the City, the City shall determine which employee to retain based on the operational needs of the City, length of City service, or performance record.

The City reserves the right to reasonably investigate situations in the workplace to determine whether a personal relationship exists and therefore presents a possible violation of this policy. To ensure flexibility and fundamental fairness, each situation will be reviewed on a case-by-case basis.

A. Effect of Post-Employment Marriage or Personal Relationship or Creation of Other Relative Status of City Employees

1. In determining rules and regulations governing the employment of City employees who become related, as defined herein, after commencement of City employ, the City is guided by the principles enunciated in the California Fair Employment and Housing Act (“the Act”) which prohibits discrimination on the grounds of marital status. However, the Act and the Regulations defining the same do authorize restrictions being placed upon married City employees (or upon people deemed related as a result of marriage [i.e., in-laws]) where for business reasons of supervision, safety, security or morale, the employer may refuse to place one spouse or other relative under the direct supervision of another spouse or other relative and 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 (See also 2 Cal. Admin. Code, Section 7292.5; Government Code Section 12940(a)(3)).

2. 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 as set forth in California Civil Code Section 4100. The California Family Code, Division 2.5 Domestic Partnership Registration establishes a legal bond and provides certain rights between registered individuals.

3. The City retains the right to refuse to place one spouse, domestic partner, or other relative under the direct supervision of the other where there is a potential for creating adverse impact on supervision, safety, security or morale.

4. The City retains the right to refuse to place both spouses, domestic partners or other relatives in the same department where such has the potential for creating adverse impact on supervision, safety, security or morale or involves potential conflicts of interest.

5. In order to implement such policies, and where the above circumstances exist and mandate that two spouses or other relatives or domestic partners shall not work in a relationship that poses an actual, potential, or perceived conflict of interest, the Human Resources Division or Department Director will attempt to do any of the following: attempt to redefine the job responsibilities of the related employees within the Department to minimize the conflict, if such redefinition of job status is not feasible, will attempt to transfer one spouse or other relative or domestic partner to a similar classified position in another City department. The wishes of the involved parties as to which spouse or other relative or domestic partner is to be transferred will be given consideration by the City. If any such transfer results in a reduction in salary or compensation, the same shall not be considered disciplinary in nature and shall not be the subject of any form of administrative appeal.

6. 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 or domestic partner can be transferred, the City may request the voluntary resignation of one of the employees and if one of the employees does not voluntarily resign, the employee with the least employment experience/service with the City in the City of Brentwood may be discharged by the City Manager. Married or other related employees or domestic partners may continue to be employed within the same City department subject to approval by the Department Director and the City Manager or his/her designee. However, any such continuing employment is predicated upon both spouses or other similarly situated relative or domestic partner 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.

7. 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 wherein the involved employee may be in violation of this policy. The City reserves the right to reasonably investigate the situation and determine whether or not the employee has violated this policy.

Section 8: RESPONSIBILITY ASSIGNMENTS

A. Human Resources Manager: As assigned, responsible for coordinating the resolution of any concerns of nepotism/fraternization.

B. Department Directors/Division Managers/Supervisors: Responsible to ensure that appropriate hiring practices are upheld in their respective Department/Division.

C. Assistant City Manager: Responsible to inform the City Manager of any potential breach of this policy.

D. City Manager: Responsible for implementing the policy and adjudication instances of potential breach of this policy.

ATTACHMENT A

Acknowledgment and Consent

I hereby acknowledge that I have received a copy of the City’s Nepotism and Fraternization Policy concerning relationships with employees/volunteers of the City of Brentwood and/or others who do not work for the City.

I have read and clarified with my supervisor or a Human Resources Division representative any questions regarding the provisions outlined in the City’s Nepotism and Fraternization Policy. I agree to comply with all the requirements contained therein. I understand that disciplinary action, up to and including termination, may be taken if I am found in violation of the policy.

______________________________ _____________________________
Date Employee’s Signature

_____________________________
Employee’s Printed Name

______________________________ _____________________________
Date Witness’ Signature

_____________________________
Witness’ Printed Name

 
City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov