Resolution No. 3705RESOLUTION NO. 3705
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND
ACTING AS EX- OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION
AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS,
AMENDING RESOLUTION NO. 1635, RULES AND REGULATIONS, CHAPTER 17
CONCERNING ALCOHOL AND SUBSTANCE ABUSE POLICIES FOR EMPLOYEES OF
THE CITY OF CYPRESS AND THE CYPRESS RECREATION AND PARK DISTRICT.
WHEREAS, the City is committed to providing an alcohol and
drug -free working environment to improve employee safety and
productivity and to comply with federal law; and,
WHEREAS, the City Council of the City of Cypress, is
authorized and directed, under the provisions of the Personnel
Ordinance, to adopt and, from time to time, to amend City Rules
and Regulations for the administration of the Personnel System;
and,
WHEREAS, the City Council deems it necessary to amend the
Personnel Rules and Regulations affecting City /District
employees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Cypress, and acting as ex- officio Board of Directors of
the Cypress Recreation and Park District, that Chapter 17 is
hereby amended to read as follows:
CHAPTER 17. EMPLOYEE CONDUCT
Section 17.03 Employee Performance
R. Being under the influence of, in possession of, selling or
providing drugs or alcohol.
Section 17.04 Alcohol and Substance Abuse.
A. Purpose of the Policy
The City of Cypress is committed to providing employees with a
workplace which is safe, productive and conducive to the welfare
of all persons. The presence of drugs and alcohol on the job,
and the influence of these substances on employees during working
hours, are inconsistent with this objective.
B. Statement of Policy
1. Employees shall not be under the influence of, or in
possession of, alcohol or drugs while at work locations, while on
duty or subject to being called to duty. Furthermore, employees
shall not sell or provide drugs or alcohol to any other employee
or person while such employee is on duty or subject to being
called to duty.
2. Prospective sworn safety employees will be subject to a drug
and /or alcohol analysis as part of the pre - employment medical
examination.
3. Refusal to submit to the required alcohol and /or drug
analysis shall result in the prospective sworn safety employee
being disqualified from employment.
4. A positive test result from the pre - employment alcohol and /or
drug analysis may result in the prospective sworn safety employee
being disqualified from employment.
5. An employee reasonably believed to be under the influence of
alcohol or drugs shall be prevented from engaging in further work
and shall be detained until he or she can be safely transported
from the work location.
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6. Managers and supervisors shall notify their department head
or designee when they have reasonable suspicion to believe that
an employee may have illegal drugs in his or her work area. If
the department head or designee concurs that there is reasonable
suspicion of illegal drug possession, the department head shall
notify the appropriate law enforcement agency.
7. Employees must notify their supervisor before beginning work
when taking medications or drugs which could forseeably interfere
with the safe and effective performance of their duties or
operation of City equipment. Medical clearance by a qualified
physician may be required by the City in the event that there is
a question regarding an employee's ability to safely and
effectively perform assigned duties.
8. An employee who is convicted of any federal or criminal drug
statute for a violation occuring in the City workplace or on City
time must provide notice to the City and the granting agency
within five (5) days after such conviction. Under such
conditions, the employee will be subject to disciplinary action
and must participate in an alcohol or drug abuse rehabilitation
program.
9. The City sponsors a voluntary employee assistance program
(EAP) to provide confidential and professional assistance to
employees or immediate family members who think that they may
have and alcohol or drug usage problem.
10. The City is committed to providing reasonable accomodation
to those employees whose drug and /or alcohol problems classifies
then as being handicapped under federal and /or state law.
Participation in a rehabilitation program does not limit or
exclude the employee's obligation to comply with personnel rules
and job performance standards.
1]. The City is committed to good faith efforts to maintain a
drug -free work place environment., including the provision of
employee training concerning the effects and hazards of drug and
alcohol abuse and City practices.
C. Definitions of Terms
1. "Under the influence" means, wi t.h respect to alcohol, a blood
alcohol concentration of .08% or more, which is the standard
typically used for determining when an individual is driving
under the influence of alcohol.
2. "Under the influence" means, with respect to drugs, the
appearance of any detectable amount of a drug, or its
metabolites, and an appearance, behavior or speech which leads a
supervisor to reasonably suspect that an.employee's ability to
perform his or her job safely and effectively has been impaired
by drugs.
3. The term "drugs" means any and all controlled substances,
such as, but not limited to, marijuana, cocaine, hallucinogens,
amphetamines, barbiturates, PCP, depressants, opiates, methadone,
nret.haqualone, benzodiazepines, "designer" drugs and synthesized
substances with similar effects. The term "drugs" also includes
prescription and over-the-counter medications which are being
abused, as well as inhalants such as glue and nitrous oxide.
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PASSED AND ADOPTED by the City Council of the City of
Cypress, at a regular meeting held on the 26th day of February,
1990.
AYO' OF THE CIT. OF CYPSS
ATTEST:
CITY C ERK OF THE TY OF CYPRESS
STATE OF CALIFORNIA) SS
COUNTY OF ORANGE )
T, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY
CERTIFY that the foregoing resolution was duly adopted at a
regular meeting of the said City Council held on the 26th day of
February, 1990; by the following roll call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
CITY CLERK OF THE .ITY OF CYPRESS