Loading...
HomeMy WebLinkAbout17-City Attorney - CITY.OF SAN BERN~DINO - REQUEST fC)R COUNCIL ACTION . . From: JAMES F. PENMAN Su~~: RESOLUTION OF.THE CITY OF SAN BERNARDINO ADOPTING A POLICY ON DRUG TESTING OF APPLICANTS FOR EMPLOYMENT. Dept: CITY ATTORl'lEY Dau: January 10, 1991 Synopsis of Previous Council action: NOim. Recommended motion: Adopt resolution. ~<t'~ Ignature Conuct person: Diane C. Roth Phone: 384-5355 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: 75-0262 Agenda Item No /'1 ~,ITY' OF SAN BERN()IDINO - REQUEST lOR COUNCIL ACTION STAFF REPORT For some time, the Police and Fire Departments have wanted to drug test applicants in safety positions. The law allows a public employer to drug-test applicants for employment in positions which show a high risk of danger to the public or show a history of drug- related accidents. The law requires, however, that a policy be in place before testing may be done. With this in mind, the Personnel Committee directed this office to draft a pOlicy which would allow the City to test applicants for police and fire safety positions and positions requiring the operation of heavy equipment or transportation of the public for the use of illegal drugs. Testing would be done at the time of the physical, which is the final step in the application process for all positions except police safety. In the Police Department, the background check is done after the physical. The cost of drug-testing is $30.00 per applicant. 7S~0264 - o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A POLICY ON DRUG TESTING OF APPLICANTS FOR EMPLOYMENT. WHEREAS, the Mayor and Common Council desire to protect the safety of persons and property within the City, provide a safe working environment for City employees, provide the highest quality of public service, and prevent loss of public confidence and damage to the City's reputation, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City of San Bernardino POlicy on Drug Testing of Applicants for Employment, attached hereto and incorporated herein as Exhibit "A," is hereby adopted. SECTION 2. Said POlicy shall be printed and available to applicants for the applicable positions in both English and Spanish. III III III III III III III III III III III III DCR/ses/Drugs.res 1 January 10. 1992 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - o o RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING A POLICY ON DRUG TESTING OF APPLICANTS FOR EMPLOYMENT. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1992, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk of The foregoing resolution is hereby approved this , 1992. day w. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: ~?'Y1 M V '1 'J. ,/"'" LJ~ DCR/ses/Drugs.res 2 January 10. 1992 o o . . CITY OF SAN BERNARDINO POLICY ON DRUG TESTING OF APPLICANTS FOR EMPLOYMENT I. PURPOSE The purpose of this document is to outline the CITY OF SAN BERNARDINO's pOlicy regarding drug testing of applicants for employment in certain positions to accomplish the following goals: A. To protect the safety of persons and property; B. To provide a safe working environment for City employees; C. To provide the highest quality of public service; D. To prevent loss of public confidence and damage to the City's reputation. II. TESTING OF APPLICANTS FOR EMPLOYMENT OR RE-EMPLOYMENT A. All applicants for employment or re-employment in the following positions shall undergo pre-employment substance screening: 1. Police safety; 2. Fire safety; 3. Coach Operator; and, 4. The following positions requiring the operation of heavy or dangerous equipment: Heavy Equipment Operator, Park Maintenance Worker III, Motor Sweeper Operator, Refuse Operator, Maintenance Worker II and Lead Maintenance Worker. DCR/ses/Drug-Pol.App 1 January 10. 1992 o o B. All pre-employment physical examinations for such positions shall include a screening test for evidence of the use of the following drugs: 1. Marijuana; 2. Cocaine; 3. Opiates; 4. Amphetamines; and 5. Phencyclidine. C. All job announcements or other promotional material for said positions shall specify that a drug screening shall be a part of the pre-employment physical. D. Only applicants under final consideration shall be given a drug screening test, and only in conjunction with the regular pre-employment physical examination. III. TESTING PROCEDURE A. All applicants for said positions participating in pre- employment physical examinations shall be given a copy of this policy at the time of their physical examination, and shall, as a prerequisite to employment, sign a consent form and submit to pre- employment substance screening. Any applicants who do not consent to such screening will not be considered for employment. B. Applicants shall be required at the pre-employment physical examination to declare in writing what types of medication they have taken in the thirty (30) days prior to the testing. DCR/ses/Drug-Po1.App 2 January 10. 1992 o o C. The threshold level for determination of an applicant being under the influence of drugs shall be established in accordance with generally accepted medical procedures. D. All substance testing shall be done by laboratories certified by the National Institute of Drug Abuse (NIDA). E. In testing for the presence of illegal drugs, the City shall submit the first specimen for testing using an immunochemical assay or radioimmunoassay test on the applicant's urine. If the initial test is positive for an illegal drug, the same specimen shall be subjected to a confirmatory test using the gas chromatography, thin layer chromatography or gas chromatog- raphy/mass spectrometry method (GC/MS) for verification. F. I f a second test of the same sample yields posi ti ve results, the applicant shall be so notified by the examining physician and given an opportunity to present bona fide verification of a current valid prescription in the applicant's name for any potentially impairing drug or medication identified in the positive drug screen. If the applicant fails to present such evidence, or if the prescription is for a medication that would not produce the results obtained in the test, the examining physician shall so notify the applicant give the applicant an opportunity to withdraw his/her application for employment. G. If, after a second positive result, the applicant does not withdraw his/her application for employment, he/she shall be determined by the physician to be physically unfit for employment, and said determination shall be forwarded to the Civil Service DCR/ses/Drug-Pol.App 3 January 10. 1992 - - o 0 Chief Examiner for the City. Such applicants shall be disqualified for employment. H. Any applicant disqualified for employment pursuant to this policy shall be permitted an opportunity to re-apply after six (6) months. IV. CONFIDENTIALITY A. Confidentiality is an essential element of this pOlicy. B. All records pertaining to drug testing of an applicant shall be kept confidential by the examining physician. C. The results of any testing done pursuant to this policy shall be used for employment purposes only, and shall not be released for use in the criminal justice system. D. Absent the applicant's consent, test results may not be disclosed to City, unless the applicant puts said results at issue in any action involving the City. ----------------------------------------------------------------- (tear orr) Name of Applicant: I hereby acknowledge that I have received the City of San Bernardino POlicy on Drug and Alcohol Testing of Applicants for Employment, and I fully understand that I will be expected to comply with its provisions. I further understand that my refusal to comply with said Policy will disqualify me for employment. Dated: AppUam.t. .. Sigaat.ure DCR/ses/Drug-Pol.App 4 January 10. 1992 - - o o CONSENT FOR DRUG TESTING I hereby authorize to (Name of Hospital or Clinic) collect from me the following specimens (Blood. Breath. Urine or other) and to conduct tests on such samples to determine the presence of drugs, their metabolites, or other substances that violate the San Bernardino POlicy on Drug Use. I hereby authorize Doctor to conduct a (Name of Doctor) examination on me. (Physical and/or Psychological) I understand that the results of such tests will be kept confidential by the medical facility unless I consent to their release. This consent is effective immediately and shall remain in effect until I understand that if I refuse to (Date) consent to such examination and/or tests or sign this form, I will not be considered for employment with the City of San Bernardino. CONSENT GIVEN: ~pplicant.s Name (print) Date Applicant's Signature Witness Signature Date CONSENT REFUSED Applicant'. Name (print) Date Applicant's S1gnature Explanation for refusal, if any: Witness Signature Date DCR/ses/Drug-pol.App 5 January 10. 1992