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CC RESOLUTION 5067 RESOLUTION NO. 5067
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA AND
THE SUPERVISORY AND PROFESSIONAL EMPLOYEES' ASSOCIATION
(SPEA)
The City Council of the City of El Segundo does resolve as follows:
Section 1: Discussions which have taken place in the meet and confer process have
resulted in a mutually agreeable Memorandum of Understanding between the City of El
Segundo and this Bargaining Unit.
Section 2: Staff is authorized to implement all terms and conditions of the Memorandum
of Understanding (entitled "agreement") between the City of El Segundo and this Bargaining
Unit on January 6, 2018. A copy of that agreement is attached as Exhibit "A" and is
incorporated by reference.
Section 3: The City Clerk is directed to certify the adoption of this Resolution; record
this Resolution in the book of the City's original resolutions, and make a minute of this
adoption of the Resolution in the City Council's records and the minutes of this meeting.
Section 4: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
PASSED, APPROVED, AND ADOPTED RESOLUTION NO. 5067 this 19th day of
December, 2017.
SLm ai' Fuentes' Mayor................
ATTEST:
q"rt.c: W1 °, (:`, Y Clerk" .I..
APPROVED AS TO FORM:
y, Y Y
Mark D. I�ensle Cit Attorne
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 5067 was duly passed and adopted by said City Council, approved and signed
by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held
on the 19th day of December, 2017, and the same was so passed and adopted by the following
vote:
AYES: Mayor Fuentes, Mayor Pro Tem Boyles, Council Member Brann,
Council Member Dugan, and Council Member Pirsztuk
NOES: None
ABSENT: None
ABSTAIN: None
NOT PARTICIPATING: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this,"f day of December,
2017.
ry
�r o`l.t� eCity�o 1
g ndo,
California
(SEAL)
Agreement No. 5442
Exhibit "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF EL SEGUNDO
AND
CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL
AND MEDICAL EMPLOYEES UNION, LOCAL 911
SUPERVISORY AND PROFESSIONAL EMPLOYEES' BARGAINING UNIT
1
Agreement No. 5442
TABLE OF CONTENTS
ARTICLE /SECTION NUMBER.,........... ......... ........ ......_PAGE
Article 1 - Recognition
Section 1 -Classified Positions Represented by the Union.,............. ........ ........... .............. 6
Section 2 -City Recognition of Union ...................................................................................................6
Section 3-Term of this Memorandum of Understanding (M.O.U) .......................................................6
Article 2 - Non-Discrimination
Statement of Non-Discrimination ....................................... ................ ... ............................................6
Article 3 - Health and Welfare
Section1 - Health Insurance............................................................ ................. ............................... 6
Section 2-Alternative Medical Plans ........ ..... 7
Section 3- Dental Insurance....................................... ........................... ...............................................7
Section 4- Optical Insurance.................................................................................................................7
Section5- Life Insurance..........................................,.._............,,......,..,,........,,....,,,.,.....,...................,,,7
Section6- Insurance Cap ................................................................................,,,...,,,.......,..........,.....,.....7
Section 7- Long Term Disability Insurance (LTD)________...... ................. ....... ...... -7
Section 8-Workers Compensation......................................................................................................-7
Section 9- Flexible Spending Account.......................................................,.,....,..,...,..,..,,..,.,..,,.....,,.....7
Section 10- Bereavement Leave ..................................................................................................... ... 7
Section 11 -California State Disability Insurance (SDI) Program.........................................................7
Article 4 - Retirement
Section 1 - PERS Retirement Formulas................................................................................................8
Section 2- Retiree Medical Insurance Contribution...............................................................................8
Section 3- Deferred Compensation Plan..............................................................................................8
Section4- Leave Payoff,,,,,.,,.,,,,.__..._'_...........__...... ..... ..................,,..,..,.,.......,.,...........9
Section 5-Cash Equivalency for Vacation, Sick Leave and Floating Holidays....................................9
Section 6- Public Agency Retirement System (PARS) ......................................................................10
Article 5 - Sick Leave
Section1 -Accrued Sick Leave ..................... ................................................ .,....,..,.......,,......,..10
Section 2 -Annual Medical Examination ............................................................................................10
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Agreement No. 5442
Section 3- Sick Leave Usage for Family Care ......................................................................„.„,,,.,,..,.10
Section 4- Catastrophic Illness Leave ..................... .,,.,,....,...,,.,„..,...........,,....,.„.,,..,..,.,..,,,,..,.,.10
Article 6 - Employee Assistance Program (EAP) ...........................,,,..,,,,,,,................
.,.,,,......11
Article 7 -Vacation
Section 1 -Accrual Schedule
Section 2 -Accrued Vacation Leave after six months ................. ...................................................11
Section 3 - Maximum Accumulation of Vacation ...........................................................................
.,....11
Section 4 - Cash in Lieu of Vacation Time ..........................................................................................11
Section 5—Leave Payment Upon Separation .......................................................................................11
Article 8 - Holidays
Section 1 - Listing of Holidays and Personal Leave/Floating Holiday ............................____.........
,..11
Section2 - Holidays and Sundays ........................................................................................................12
Section 3- Holidays and Fridays/Saturdays .................................... ....,....,,,.,,,,....,....,.....,.,.,,,,...,12
Section4 - Floating Holiday ................................................................................................................12
Section 5- Leave Payment Upon Separation ...,......,<....................„....,,,..............,.,..,,,.,,...,........,,..,.,12
Article 9 - Professional Development
EducationalReimbursement ...............................................................................................................12
Article 10 - Computer Loan Program .....................................„,.,...,,...,.,.,,....,,,,...,.....,..,,...,.,,.,,.13
Article 11 - Salary
Section1 - Salary Adjustments .....................................................................................,..........,,, „,,....13
Section 2-Accelerated Salary Step Advancement. ...........................................................................13
Section3- Direct Deposit. ...............................................................,....,..,........,..,,..,,,.,,„v,...,,............13
Section 4- Use of Personal Vehicle on Official City Business
Section 5- Educational Incentive Pay ....................................................„..,,....,.,.,,.,,...,,,,.,,.........,.,....'14
Section6- Bilingual Pay .....................„,..,........., ,,...,,.........„...,,...,...,.,,,,.,.,.„................,,.,,..14
Section 7- Longevity Pay ...........................................„..., ............ ..................14
Section 8- Certification Pay ............................................ .....,,,, 14
Section 9- Salary Table Step Advancement ...................................................... ....... .......................15
Article 12 - Uniforms
List of Job Classifications having uniforms/footwear provided ...................„.., 15
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Agreement No. 5442
Article 13 - Overtime
Section 1 - Fair Labor Standards Act- Overtime Compensation....................................................... 16
Section 2 - Definition of Hours Worked for Overtime-Computation purposes.................................. 16
Section 3- Overtime Authorization..................................................................................................... 17
Section 4 - Maximum Accumulation of Compensatory Time.._,_ ... ................. 17
Section 5 -Work Time Credit......_.-...... ...,,...,.,..,.............,.,,.,......,......,.....,.,,........,,................. 17
Article 14 - Grievance Procedure
Section 1 - Definition of Terms.......................................................................... . .............................. 17
Section2- Time Limits........................................................................................................................ 17
Section 3 m Procedure.................................................................................................. .....,, 18
Section 4 - Matters Excluded from the Grievance Procedure................................ 18
Section 5 - Conferences........................................................................ .............................................. 19
Section 6 - Employee appeals from Disciplinary Actions................................................................... 19
Article 15 - Layoff
Section 1 - Grounds for Layoff............................................................................................................ 19
Section 2 - Notice to Employees........................................................................................ .......... 19
Section3 -At-Will Employees............................................................................................ ................20
Section 4- Procedures for Layoff...................................................... ................. 20
Section 5 - Breaking Ties........................... ........,,..,..,20
Section 6 Reduction to a Vacant Position ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,w.,.,,, ...,. ....,,,,,,,....,20
Section 7 - Displacement Rights................... ,,,.,..,.,..,..,.......,,...,....,...........,.,.,...,....,.....,..............20
Section 8- Salary Placement.............................. ........20
Section 9 - Reemployment List...........................................................................................................21
Section 10- Rights upon Reemployment. .., ........ 21
Article 16 - Miscellaneous
Section1 - Credit Union......................................................................................................................21
Section 2-Temporary Assignment to Higher Classification....................................... ......................21
Section 3 - Rest Periods......................................................................... 21
Section 4- Request for Reclassification Review................................................................... ............22
Section5- Seniority............................................................................................................................23
Section6-Standby Duty....................................................................................... 23
Section7-Jury Duty............................................................................................. ............,,,......23
Section 8-Cell Phone Stipend...........................................................................................................24
Section 9-Assignment of Work Schedule.........................................................................................24
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Agreement No. 5442
Article 17 - Drug-Free Workplace Statement, Substance Abuse Policy,
andSmoking and Break Policy........................................................................................... 24
Article 18 - Personnel File
Section 1 - Personnel File................................. ..... .....................,. ..,..,,,....,.........................,.,....
25
Section 2- Derogatory Material. ....................................................... .................................................25
Section 3- Positive Material...... ....................................................... ..........,,,...25
Article 19 -Agency Shop Agreement. .,................................................................ ..............._-25
Article 20 Catastrophic Leave Bank,,,,.,,,,.....__...... ............................27
SignaturePage ..................................................................................................................... 28
Appendix A - Bargaining Unit Classifications
Appendix B - Smoking Policy
Appendix C - Drug Free Workplace Statement and Substance Abuse Policy, Revised
July 1,2008
Appendix D - Department of Transportation Drug Testing Guidelines
Appendix E - Catastrophic Leave Bank Policy
Appendix F - Occupational Injuryand Illness Policy
Appendix G - Salary Schedule Effective First Pay Period of January 2018.
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Agreement No. 5442
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OFELSEGUNDO
AND
CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL
AND MEDICAL EMPLOYEES UNION, LOCAL 911
SUPERVISORY AND PROFESSIONAL EMPLOYEES' BARGAINING UNIT
ARTICLE I- RECOGNITION
SECTION 1. Pursuant h»the provisions ofthe City nfBSegundo Resolution No. 3208,establishing
procedures governing employer-employee organization relations,the City of El Segundo (hereinafter
referred to as the 'City' and 'Employer' (interchangeably) has nanngD\zed the California Teamsters
Public, Professional and Medical Employees Union, 911, an affiliate of the International Brotherhood
of Teamsters (hereinafter referred to as the 'Union') methe exclusive representative of employees
within the bargaining unit consisting of the classified positions listed in Appendix A—Bargaining Unit
Classifications.
SECTION 2. The City recognizes the Union as the representative of the employees in the
classifications and assignments set forth in Section 1, above, for the purpose of meeting the joint
obligations of the City and Union as set forth within the Meyers-K4i|iou-Brown Act, Government Code
3500 etoeq.
SECTION 3. The term of this Memorandum of Understanding (MOU) shall commence on October
1. 2014 and end on September 30. 2018.
ARTICLE !| ' NON-DISCRIMINATION
Neither the City nor the Union aho|| discriminate against any employee because of race, oo|or, age,
oneed, national mhgin, amx, handioop, medical condiUon, m0@hto| otatus, or union activities in any
matter.
ARTICLE WU - HEALTH AND WELFARE
SECTION 1. Health Insurance - Employees participate as members of the PERS administered
Public Employees' Medical and Hospital Care Program. Employees have a choice of HMO and
Indemnity medical coverage plans.
Ckv ��ed\oal Contribution: Ef�'odveFebruary 1, 2018. and for the b*rnnofthis AQpeennent, the Qty
will--~pay the Public Employees' K8ed\n8\ and Hospital Cane Act (^PEMHCA'') nn|DinnVmn contribution
required under Government Code section 22892. The Qh/ will contribute up to $1.200 per month
toward an employee's and his/her eligible dependent(o)' medical costs. This maximum contribution
includes the minimum PEK8HCAcnnthbution.
Any employee premium amounts above the maximum $1.280 City contribution will be paid by the
employee through pre-tax payroll deduction.
Effective January 1. 2018. an employee who meets eligibility criteria may opt out of medical coverage
and receive from the City $250 compensation monthly to be deposited in the employee's deferred
compensation plan account. This deferred ounopansmUon is not reportable compensation under
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Agreement No. 5442
California Public Employees' Retirement System regulations. Employees who elect to opt out, must
provide the City with proof of other medical coverage.
SECTION 2. Al;kern�ativ _M di,gal PI p - During the term of this agreement, the City may reopen
the contract in order to consider alternatives to the PERS medical plan. The City agrees that it will
only propose plans that provide for a cost-effective, comprehensive medical package for employees
and their families (i,e., provides comparable benefits to current plan, including portability). There will
be no change in insurance plans prior to January 2006 without agreement of the parties.
SECTION 3. Dental Insurance-The City provides fully paid dental insurance for the employee and
all eligible dependents.
SECTION 4. Op!ical Insurance - The City provides fully paid optical insurance for the employee
and all eligible dependents.
SECTION 5. Life hisuranc - Employees are provided a fully paid $50,000 term life insurance
policy. Additional coverage for self($100,000 maximum) and for family members may be purchased
at group rates by the individual employee.
SECTION 6. IInSLJwIwatice Care- The City's aggregate contribution for current dental, optical and life
insurance for the term of this agreement shall be set and fixed at $184.25 per month. The City shall
provide optical benefits for each employee and the employee's dependents. Within the monthly
contribution cap currently established for dental, optical and life insurance coverage, the City's
monthly contributions toward dental and life insurance coverage for an employee shall be made after
the City's full monthly vision benefit contribution for an employee and his/her dependents has been
made.
SECTION 7. L.o Term Disability In LIQW) e(LTD)-The City provides employees with a fully paid
long term disability insurance policy which allows continuance of 66-2/3% of the first $9,750 of the
employee's monthly salary. The policy applies to non-job related occurrences and benefits are
payable following a 60-day waiting period. The maximum benefit period'varies on the basis of the
employee's age at the time disability begins.
SECTION 8. Workers Con pAp,,sa ion - The City provides employees who receive job related
injuries that are compensable under California Worker's Compensation Laws 75 % of their regular
monthly salary for a period of up to one year.
SECTION 9. F,Igkal,J S)r:r�cjirrg._Acv,�r�t - Pursuant to applicable federal laws, the City allows for
payment of employee paid insurance premiums, non-reimbursed medical expenses and/or
dependent care expenses with pre-tax dollars. Participation in the program is voluntary.
SECTION 10. j~�'erreav rrrent Leave - The present practice of granting three (3) working days of
bereavement leave per incident shall be increased to forty (40) hours per incident in those
circumstances where travel to a funeral or other memorial proceeding is 500 or more miles one way
as measured from the EI Segundo City Hall.Additionally, the definition of the immediate family whose
funeral or memorial proceeding qualifies for use of bereavement leave, shall include the children,
parents, siblings, grandparents of the employee, the employee's spouse or significant other.
SECTION 11. California State CaLability InstLirince fSl l') f'roalm°1crr - The City has taken all the
necessary administrative steps to provide Union employees with State Disability Insurance
Program coverage through the California Employment Development Department. All actual costs
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Agreement No. 5442
associated with participation in the State Disability Program will be the responsibility of Union
employees.
ARTICLE IV- RETIREMENT
SECTION 1. (a) Effective November 8, 2000, employees participate in the Public Employees
Retirement System (PERS) 2% at 55 Miscellaneous Plan.
(b) Tier II - As soon as practicable, the City shall amend its contract with the California Public
Employees' Retirement System (CaIPERS) to implement the 2%@60 retirement formula in
accordance with Government Code Section 21353. This new formula shall apply to miscellaneous
employees who are hired on or after the effective date of the CaIPERS contract amendment and are
otherwise not a "new employee"and/or"new member" of CaIPERS under Government Code section
7522.04 of AB 340, also known as the California Pension Reform Act of 2013.
Effective January 1, 2013, new miscellaneous employees and/or members, as defined by AB 340,
will be subject to the 2%@62 retirement formula as well as all other statutory requirements
established by AB340.
(c) The Plan's retirement benefits are integrated with Social Security.
(d) Effective January 1, 1992, the City's contract with PERS was amended to include the single
highest year retirement calculation option. The present City contract with PERS also calls for
incremental yearly increases in the City contribution towards retirees' medical coverage (currently
$375 per month) so that by 1995 the contribution for current employees and retirees will be equal.
(e) Effective the beginning of the first pay period in January 2018, and for the term of this
agreement, miscellaneous employees defined as "classic" members by the California Pension
Reform Act of 2013 (AB340) agree to pay the statutorily required employee contribution equal to
seven percent(7%) (pre-tax) of compensation.
Simultaneously effective the same date, the base salary schedule for all members of the bargaining
unit shall be increased five percent (5%) (applicable for all step levels). The new salary schedule is
attached as Appendix G - Salary Schedule Effective First Pay Period of January 2018,
Effective January 1, 2013, "new employees" and/or "new members", as defined by AB 340, will be
statutorily required to pay half of the normal cost of retirement benefits.
SECTION 2. Retiree Medical Insurance Contribution - A member of the Union will be eligible to
receive the City-provided retiree medical insurance contribution towards the member's and his/her
eligible dependent(s)' medical costs, which is equal to that available to Union members currently
employed by the city, of up to $1,200 per month after a minimum of five (5)full years of service with
the City of EI Segundo. This maximum $1,200 per month contribution includes the PEMHCA
minimum contribution required under Government Code section 22892.
With respect to current retirees, effective February 1, 2018,the City will pay on behalf of each current
retiree up to $1,200 per month towards the retiree's and his/her eligible dependent(s)' medical costs.
SECTION 3. Deferred Conipptlsation Plan - Employees are eligible to participate in the
International City Management Association Retirement Corporation (ICMA-RC) and the Nationwide
Retirement Solutions (NRS) Deferred Compensation Plans. Participation is voluntary and there is no
City contribution to the plan.
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Agreement No. 5442
SECTION 4. I..eM�avt_F1,@YQ f - Employees retiring from the City service are paid the accumulated
total of their unused vacation leave, personal floating holiday leave, compensatory leave, and sick
leave, as provided for in this Agreement. Effective beginning of the first pay period in March 2018,
leave payouts shall be paid at the employee's base salary hourly rate of pay.
SECTION 5. Government Code 20022(a)(1) provides that compensation for purposes of computing
PERS retirement benefits includes remuneration paid in cash because of holidays, sick leave and
vacation, as well as other remuneration furnished in payment for services. This MOU section
memorializes that members of this unit have been contractually eligible to receive City paid cash
equivalencies for vacation,sick leave and floating holidays accrued during the employee's final year of
employment. Said members have also been eligible to receive a cash distribution equal to the monthly
differential between$500.00 and the monthly amount designated by each member for funding health
insurance and similar programs (herein referred to as an insurance differential.) Pursuant to City
Council action in December 1991, the former management/confidential unit was modified, with
members of this Supervisory Unit being removed from the then existing management/confidential
unit.The classifications now contained within this Supervisory Unitbeing removed from the then existing
management/confidential unit. The classifications now contained within this Supervisory Unit were
included within the prior management/confidential unit and City contractual agreements prior to
December 1, 1992 to provide the management/confidential unit memberswith paymentfor vacation,
sick leave and floating holidays accrued during the final year of employment, as well as the above
insurance differential, fully insured to the benefit of those classifications nowwithin the Supervisory
Unit.
On June 2, 1992, the City Council adopted the first Memorandum of Understanding between the
City and the Supervisory Unit,with Article VII of said MOU providing in pertinent part that all wages,
hours and terms and conditions of employment in full force and effect prior to the adoption of the
MOU, are to remain in full force and effect and are to be set forth within a later document entitled a
Comprehensive Memorandum of Understanding. As members of the prior management/confidential
unit, those classifications within the Supervisory Unit were therefore subject to earlier Council
determination providing the described paid remuneration for vacation, sick leave and floating
holidays accrued during the final year of employment, as well as the above insurance differential,
and the June 2, 1992 Memorandum of Understanding contractually signifies that said benefits are to
remain in full force and effect unless and until altered pursuant to the meet and confer process.
This "Comprehensive Memorandum of Understanding" thereby codifies pre-December 1992
contractual provision of the stated compensation benefits to unit members.
SECTION 6. Public Aga✓s��v RetiN°c:ment y�tel�:,,„_(a�, ,q ) - Effective October 1, 2008, the City will
contract with the Public Agency Retirement System(PARS)to provide an additional retirement benefit
for eligible union employees. Eligible employees are those who are 1) 55 years of age or older, 2)
have completed 15 years of continuous service with the City of EI Segundo and 3)service or disability
retire from the City of EI Segundo. Eligible employees are entitled to receive the PARS .5 @ 55
retirement enhancement formula as a supplement to the City's 2% @ 55 Public Employees'
Retirement System formula. This benefit will no longer be available to bargaining unit members who
are both 1) hired and/or appointed to a position in the bargaining unit on or after October 1, 2012,
and 2) not already a participant in the plan.
The City and the PARS participants have agreed to cease future accruals under the current PARS
Plan and to relinquish PARS participants of their obligations to make future mandatory contributions
to fund the current PARS Plan, as detailed in the executed side letter "Public Agency Retirement
System Retirement Enhancement Plan ('PARS')” and in the City's November 3, 2015 Resolution
9
Agreement No. 5442
adopting "The City of EI Segundo Public Agency Retirement System (PARS) retirement
Enhancement Plan (as Amended and Restated Effective October 31, 2015) ("Plan Amendment").
ARTICLE V -SICK LEAVE
SECTION 1. Employees accrue sick leave at a rate of eight (8) hours per month. The maximum
carryover of sick leave from November 30 to December 1 of each year is six hundred (600) hours.
City provides a one hundred percent (100%) payoff each December 10th of any accumulated sick
leave hours above the maximum carryover,
Employees who, on July 1, 1998, had an accumulated sick leave balance higher than six hundred
(600) hours will have a maximum carryover equal to their accumulated sick leave balance on that
date. No such maximum carryover can be greater than one thousand fifty-six (1056) hours. Should
an employee's personal sick leave accrual limit drop below six hundred (600) hours, their future
maximum carryover shall not be allowed to exceed six hundred (600) hours.
Employees, with at least five (5) full years of service with the City, receive payment for one hundred
percent (100%) of their accumulated sick leave upon service retirement, disability retirement, or
death. Effective beginning of the first pay period in March 2018, leave payouts shall be paid at the
employee's base salary hourly rate of pay.
,,,ww.,,w „ Examination- Employees are eligible for a fully paid comprehensive
SECTION 2. Annual Me,„,,,cal„ , ,_„
medical examination each year.
The City currently utilizes Westchester Medical Group/Center for Heart and Health for the
examinations.
The results of the examination include extensive written documentation and feedback, fitness
consultation, recommended further testing and/or adjustments to current lifestyle practices and
ongoing monitoring.
Up to two (2)days of sick leave may be used each year for physical examinations.
SECTION 3. Sick.,L--ay;,, Q q for IMgnlfl,y K.1u1 - Affected employees are eligible to utilize a
maximum of forty-eight(48) hours of sick leave per calendar year in order that care may be provided
to immediate family members suffering from illness or injury. The term "immediate family member”
shall exclusively include the children, parents, siblings, the grandparents of the employee, the
employee's spouse or significant other. "Immediate family member” shall also include mother-in-law
and father-in-law. The City shall require each affected employee utilizing sick leave for said purpose
to provide in writing a statement evidencing the facts justifying the use of sick leave in this regard.
SECTION 4. Catastroohic Illness Leave - An employee may transfer sick leave, vacation or
compensatory leave to a sick leave bank to be donated to an employee who is experiencing
catastrophic illness and has exhausted all personal sick leave. Such a transfer can be made on July
1 of each year or during additional designated times on forms provided by the City of EI Segundo.
The City has the right to verify all catastrophic illnesses before donation from the sick leave bank.
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Agreement No. 5442
ARTICLE VI - EMPLOYEE ASSIS"T"ANCE P( G / i {E
Provides confidential assistance, referrals, and counseling to the employee and members of the
immediate family. The program is designed to provide professional assistance and support to help
employees and their families resolve problems that affect their personal lives or job performance.
The City shall provide the basic level of service to employees at City cost. Basic level shall consist
of three (3) sessions per member/per incident/per year. Employees may voluntarily enroll in the
EAP/Outpatient tier at their own cost ($9.52/month).
ARTICLE VII -VACATION
SECTION 1.
Employees shall accumulate vacation leave as follows:
From commencement of the 1 st year of service through and including completion of the 5th year of
service: 96 hours;
From commencement of the 6th year of service through and including completion of the 10th year of
service: 120 hours;
From commencement of the 11th year of service through and including completion of the 15th year
of service: 144 hours;
From commencement of the 16th year of service and for all years of service thereafter: 176 hours.
SECTION 2. Employees may use their accrued vacation leave after six(6) months of employment.
SECTION 3. Maximum accumulation of vacation leave allowed is the equivalent of two (2) years
of service accrual.
SECTION 4. Employees who have completed one year of service may receive cash payment in
lieu of accrued vacation leave up to a maximum of 100%the annual accrual to which they are entitled
by length of service. Effective beginning of the first pay period in March 2018, leave payouts shall
be paid at the employee's base salary hourly rate of pay. Employees may exercise this option twice
per calendar year.
SECTION 5. Employees shall receive payment for one hundred percent(100%)of their accumulated
vacation leave upon service retirement, disability retirement, death, resignation, or termination.
Effective on the beginning of the first pay period in March 2018, vacation leave payouts shall be paid
at the employee's base salary hourly rate.
ARTICLE VIII - HOLIDAYS
SECTION 1. Employees shall receive the following holidays:
January 16t
The third Monday in January(Martin Luther King Jr. Day)
The third Monday in February(President's Day)
The last Monday in May (Memorial Day)
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Agreement No. 5442
July 4th
The first Monday in September(Labor Day)
November 11th (Veteran's Day)
Thanksgiving Day
The Friday after Thanksgiving Day
December 24th
December 25th
December 31St
Holidays will be paid based on the employee's assigned daily work schedule. For example,
employees assigned to a 4/10 schedule will have holidays paid in ten (10) hour increments.
Employees assigned to a 9/80 schedule will have holidays paid in nine (9) hour increments, unless
the holiday falls on their assigned eight-hour scheduled work day in which case they will be paid eight
hours of holiday pay.
In addition to the holidays enumerated above, each employee shall receive one day (10 hours for
4/10 scheduled employees; 9 hours for 9/80 scheduled employees) per calendar year as a Personal
Leave/Floating Holiday.The Personal Leave/Floating Holiday shall be credited to the employee every
January. Newly hired bargaining unit members shall also receive this personal leave day which may
be used six (6) months after the employee's initial appointment date.
SECTION 2. In the event any of the above holidays fall on a Sunday, it will be observed on the
following Monday and City Hall will be closed.
SECTION 3. In the event any of the above holidays fall on a Friday or Saturday(or an employee's
otherwise regularly scheduled day off), the employee will receive a floating holiday consisting of a
number of hours based on the employee's assigned daily work schedule. For example, employees
assigned to a 4/10 schedule will receive a floating holiday of ten (10) hours. Employees assigned to
a 9/80 schedule will receive a floating holiday of nine (9) hours.
SECTION 4. Floating Holidays will be credited to the employee's leave bank the pay period in
which the holiday falls. Floating Holiday hours may not be carried over to the following calendar year.
However, Floating Holiday hours credited in either November or December may be carried over to
the next calendar year, but must be used by October 31st of the following year.
SECTION 5. Employees shall receive payment for one hundred percent (100%) of their
accumulated Personal Leave/Floating Holiday leave upon service retirement, disability retirement,
death, resignation, or termination. Effective beginning of the first pay period in March 2018, leave
payouts shall be paid at the employee's base salary hourly rate of pay.
ARTICLE IX- PROFESSIONAL DEVELOPMENT
Employees are reimbursed 100% of the cost of tuition and books to a maximum of $2,000 per
calendar year for satisfactory completion of work related college courses. Requires prior written
approval of department head and City Manager and requires a C average or better grade.
With the approval of the department head and/or City Manager, the City also pays the cost of an
employee's professional membership fees and conference, meeting and workshop attendance.
Employees who participate in the program must sign the following agreement:
,Educational Reimbursement - "I certify that I successfully completed the course(s),
12
Agreement No. 5442
receiving at least a grade of'C' or better." (Attach copy of grade verification) Further, I
agree to refund the City or have deducted from my final paycheck any educational
reimbursement funds received under this program if I should leave the City's
employment, voluntarily or through termination, with cause, within one year after
completion of the course work for which I am to receive reimbursement, in accordance
with the following schedule.
Below is the reimbursement schedule for the full months worked between course
completion and resignation dates and the percentage of the total reimbursement to be
refunded to the City.
1 100% 7 50%
2 100% 8 40%
3 90% 9 30%
4 80% 10 20%
5 70% 11 10%
6 60% 12 0%
Probationary employees are not eligible to participate in this program.
ARTICLE X- COMPUTER LOAN PROGRAM
Employees are eligible to receive an interest-free loan not to exceed $4,000 for the purpose of
purchasing personal computer hardware, software, ergonomically correct furniture and related
equipment. Loans shall be repaid through payroll deductions over a three (3) year period. The City
shall retain title, as security, to any equipment purchased through the program until the loan is fully
paid off. After the fact financing shall be permitted upon the loan applicant receiving prior written
approval from the Director of Finance. Outstanding loan balances must be paid off at the time an
employee separates from the City.,; The Human Resources Department shall update Program
guidelines periodically as necessitated by changes in technology or organizational requirements.
ARTICLE XI -SALARY
SECTION 1. gl r ustnients, - Effective beginning the first pay period in January 2018, the
bargaining unit shall receive the salary increase (five percent (5%)) specified in Article IV, Section
1(e).
SECTION 2. AcceleratedSaNad'v , tq.... . ,civTa��c.� pN'�'7a�t
i - _ - Employees who have yet to reach the top
Step....
step of their salary range are eligible to receive an accelerated salary step advancement of up to 5%
in a 12 month period upon recommendation and approval bythe department head and City Manager.
An accelerated salary advancement is intended to recognize an employee's job performance which
consistently and uniquely exceeds normal expectations.
SECTION 3. Direct D000sit - The City shall electronically deposit employees' paychecks directly
into a savings or checking account designated by the employee. Employees shall be responsible for
providing the Finance Department with the correct transit routing number of their banking institution
and the correct number of the account into which their paycheck will be deposited. Exceptions to this
policy shall be granted upon an employee's written request to the Finance Director.
�_„ ..Y„13LISinCIS� - Employees authorized to use a
SECTION 4. Use of Personal Vehicle on Official C�It
personal vehicle while on official City business will receive mileage reimbursement at the rate
approved by the Internal Revenue Service. Use of a personal vehicle will not be authorized if a City
motor pool vehicle is available to the employee. Under appropriate circumstances, Department
13
Agreement No. 5442
Heads may approve exceptions to the requirement to utilize available motor pool vehicles.
SECTION 5. Educational,„ , 1„n,q,q„nt,ive Pay- Eligible employees shall be entitled to receive educational
incentive pay as shown below. Eligibility for educational incentive pay is limited to those employees
who (a) are working in a job classification that does not require a bachelor's degree or higher degree
to qualify for the classification, and (b) were awarded such degree from an accredited college or
university in one of the majors of public administration, business administration, engineering, or other
job-related major, which had been approved by the department head, in writing.
Educational Incentive Pay
Job Classifications Occupying Salary Grades 30S - 39S: $318.04/month
Job Classifications Occupying Salary Grades 40S -49S: $407.11/month
Job Classifications Occupying Salary Grades 50S - 53S: $449.38/month
If during the term of this Memorandum of Understanding a job classification is assigned a salary
grade higher than 53S, the flat dollar monthly amount of educational incentive pay for the employee
shall be equivalent to five percent(5%) of the base salary E Step of the salary grade.
SECTION 6. Blli0guali Pay-An employee who demonstrates conversational and written fluency in
a language approved by their Department Head and who is assigned duties in which such language
skills are regularly used, shall be entitled to bilingual pay as shown below.
The City will be responsible for utilizing a standardized, industry accepted test(such as Berlitz, Inc.)
to determine an employee's qualifications for bilingual pay.
Bilingual Pay
Job Classifications Occupying Salary Grades 30S- 39S: $159.02/month
Job Classifications Occupying Salary Grades 40S-49S: $203.56/month
Job Classifications Occupying Salary Grades 50S- 53S: $224.69/month
If during the term of this Memorandum of Understanding a job classification is assigned a salary
grade higher than 53S, the flat dollar monthly amount of bilingual pay for the employee shall be
equivalent to two and one-half percent (2.5%) of the base salary E Step of the salary grade.
SECTION 7. I-argfvitww,tDy- An employee who has completed twenty (20) years of continuous
service with the City of EI Segundo shall be entitled to longevity pay as shown below
Longevity Pay
Job Classifications Occupying Salary Grades 30S- 39S: $318 .04/month
Job Classifications Occupying Salary Grades 40S -49S: $407.11/month
Job Classifications Occupying Salary Grades 50S- 53S: $449.38/month
If during the term of this Memorandum of Understanding a job classification is assigned a salary grade
higher than 53S, the flat dollar monthly amount of longevity pay for the employee shall be equivalent
to five percent(5%) of the base salary E Step of the salary grade.
SECTION 8. Q,ertific a,tjgOP�i - Employees occupying the job classifications of Wastewater
Supervisor and Water Supervisor shall be entitled to certification pay as shown below for obtaining
and maintaining a certification above the level required on the City Council approved class
specification. Eligible certifications will be determined by the employee's Department Head.
14
Agreement No. 5442
Certification Pay
Job Classifications Occupying Salary Grades 30S - 39S: $318.04/month
Job Classifications Occupying Salary Grades 40S -49S: $407.11/month
Job Classifications Occupying Salary Grades 50S - 53S: $449.38/month
If during the term of this Memorandum of Understanding a job classification is assigned a salary
grade higher than 53S, the flat dollar monthly amount of certification pay for the employee shall be
equivalent to five percent(5%) of the base salary E Step of the salary grade
SECTION 9. arc"iliN 51le tep" dva..l pqr ient
The advancement of an employee from Step A to Step B shall be on the beginning of the pay period
immediately following satisfactory completion of his or her first six months'service. Advancement from
Step B to Step C,from Step C to Step D, and from Step D to Step E, shall each occur on the beginning
of the pay period immediately after completion of one year's satisfactory service in each of such
classification.
A supervisor may recommend at any time to the department head that an employee receive an
accelerated advancement to the next salary Step B, C, D, or E, based on exemplary job performance.
If the department head concurs, he/she shall submit a written report on the prescribed form to the
Director of Human Resources citing specific examples of work performed by the employee that
consistently exceeds expectations and warrants approval of the next salary step prior to the
employee's anniversary date. The Director of Human Resources shall submit the request along with
a recommendation for action by the City Manager. An employee may receive more than one salary
step advancement within a twelve (12) month period of time, if warranted. The accelerated salary
advancement(s) shall not change the affected employee's anniversary date.
ARTICLE XII - UNIFORMS
Employees occupying the following job classifications shall have uniforms and footwear provided
and replaced by the City:
Assistant Fire Marshal
Crime Prevention Analyst 1/II
Emergency Management Coordinator
Environmental Safety Manager
Equipment Maintenance Supervisor
Facilities Maintenance Supervisor
Fire Marshal
Park Maintenance Supervisor
Police Records Supervisor
Principal Environmental Specialist
Senior Building Inspector
Street Maintenance Supervisor
Wastewater Supervisor
Water Supervisor
Department Heads will determine appropriate uniform and footwear for employees occupying
Departmental job classifications. Style and cost will be determined solely by the City, with the
Association provided the opportunity for information input. The determination of the City shall not be
15
Agreement No. 5442
subject to administrative orjudicial appeal. Uniform cleaning services shall be provided bythe City.
In addition, a Union member occupying the job classifications of Assistant Fire Marshal,
Environmental Safety Manager, Principal Environmental Specialist, Fire Marshal, Crime Prevention
Analyst 1/11, Emergency Management Coordinator, Police Records Supervisor and Senior Building
Inspector shall receive a uniform cleaning allowance of$400 per year.
ARTICLE XIII-OVERTIME
SECTION 1. Fair Labor StandrardsAct .Ovei'tiii-ioCowtir)eiiszitioiI
(a) Pursuant to the Fair Labor Standards Act, employees occupying the classifications and
assignments described in Appendix A, are entitled to overtime pay at the rate of one and one-half
(1.5) times their regular rate of pay for all hours worked in excess of forty (40) hours in a seven (7)
day workweek, as defined in Article XVI, Section 9.
(b) Effective January 6, 2018, employees of this bargaining unit shall work a "9/80" schedule,
which consists of eighty (80) scheduled hours in a 14-day (two-week) cycle where, (1) in one week
the employee works four 9-hour workdays and one 8-hour workday , and (2) the subsequent week
consists of four 9-hour workdays. For FLSA purposes the "work week"for FLSA overtime purposes
shall be established as four hours into the shift of the eight-hour day and in such a manner that no
consecutive seven-day (168 hour) period shall exceed 40 hours. The work week for employees
working other than a Monday through Friday schedule shall be defined in such a manner as to comply
with FLSA work period requirements.
SECTION 2. Definition of hours worked for overtime- ompi.Ntotion pLjrp9 §
The following shall not be considered as time worked for purposes of computing entitlement to
overtime compensation:
1. Meal breaks;
2. Utilization of paid or non-paid leaves of absence (including but not limited
to vacation leave, sick leave, holiday leave, leave without pay,
compensatory time off);
3. All travel time to and from the work site when responding to a regularly
scheduled shift;
4. All time in off-duty voluntary training assignments (homework, study time,
meal time, sleep, etc.).
5. All off-duty travel;
6. All time for personal preparation and clean up;
7. Any other time not deemed hours worked by the FLSA.
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Agreement No. 5442
SECTION 3. Overtime Authorization
No employee shall be eligible for receipt of overtime compensation unless the working of overtime
hours has been specifically authorized in advance by the employee's supervisor.
SECTION 4. Affected employees shall be entitled to accumulate a maximum of eighty (80) hours
of compensatory time off. Utilization of compensatory time off shall be subject to approval of the
affected employee's department head. Employees may opt to receive cash payment for accrued
compensatory leave earned yearly. Employees shall receive payment for one hundred percent
(100%) of their accumulated compensatory leave upon service retirement, disability retirement,
death, resignation, or termination. Effective beginning of the first pay period in March 2018, leave
payouts shall be paid at the employee's base salary hourly rate of pay.
SECTION 5. Affected employees ordered by a supervisor to return to a designated worksite other
than during the employee's regularly scheduled hours of work and at a time not contiguous with said
regularly scheduled hours of work, shall be provided a minimum of four (4) hours work time credit.
Said minimum of four (4) hours shall then be included within the work period described in Section 1
for computation of overtime purposes.
ARTICLE XIV - GRIEVANCE PROCEDURE
SECTION I. DEFINITION,,,,,OF„TERM,S
A. Grievance-A grievance is a violation, misinterpretation or misapplication of a specific
written departmental or agency rule or regulation or a specific provision of a
memorandum of understanding. A grievance is distinct from an appeal in that it is a
violation, misinterpretation or misapplication of a specific written departmental or
agency rule and/or policy or a specific provision of a memorandum of understanding.
B. Grievant-A grievant is an employee or group of employees adversely affected by
an act or omission of the agency.
C. Pay-A day is a calendar day.
D. Immediate Stmervisor-The first level supervisor of the grievant.
SECTION 2. TIME LIMITS
A. Compliance and Fiexibil ty - With the written consent of both parties, the time
limitation for any step may be extended or shortened.
B. Calculation of Time Limits -Time limits for appeal provided in each level shall begin
the day following receipt of a written decision or appeal bythe parties.
C. Failure to,Moot Timeliness - Failure at any level of this procedure to communicate the
decision on a grievance by the Citywithin the specified time limits shall permit lodging
an appeal at the next level of the procedure within the time allotted had the decision
been given. If the grievance is not processed bythe grievant or gibVenisin accordance
with the time limits,the decision last made by the City shall be deemed final.
17
Agreement No. 5442
SECTION 3.
Grievances will ba processed following the procedures set forth below.
A� Level I - VVhhinbendaysofthedatethmenocJoyeenaaeunaNyhneworohou|dhave
known of the incident giving rise to the grievance,the employee should make an effort
to naen|ue the grievance informally with the employee's immediate supervisor. The
supervisor shall hold discussions and attempt to resolve the grievance within five (5)
days.
B� Level 11 - \nthe event such mfhode do not produce a mutually satisfactory resolution,
the grievant shall have ten (10) calendar days to file a formal written grievance after
the employee's immediate supervisor iounable toresolve the grievance through the
discussion process. Under no circumstances may grievance be filed more than
twenty-five (25) days from the date the employee knew or should have known of the
incident giving rise tothe grievance.
1. PrOCIPOUreLfor F0in# a Grie ance-
In filing a grievance, the employee should set forth the following information:
a. The specific section of the departmental or agency rules or regulations
allegedly violated, misinterpreted or misapplied.
b. The specific act or omission which gave hoe to the alleged vio/mdon,
misinterpretation or misapplication.
C. The date nrdates on which the violation, misinterpretation or misapplication
occurred.
U. VVhed docunnento, witnesses or other evidence supports the grievmnt'o
position.
e. The remedy requested.
C. LexetflK - If the grievance is not resolved by the immediate supervisor the grievant
may present the grievance in writing to the department head within five(5)days.The
department head will respond inwriting within ten <1D\ days.
O. Level |V- If the grievance is not resolved by the department heod, the grievant may
present the grievance in writing to the City Manager within five(5)working days. The
City Manager ordesignee will conduct an informal hearing and render decision.
Each party shall have a right to present witnesses and evidence at the hearing. The
conclusions and findings ofthis hearing shall bafinal.
SECTION 4. MATTERS EXCLUDED FROM THE G R(EVANCEPRQCED0RE.
A. The grievance procedure is not intended to be used for the purpose ofresolving
complaints, requests or changes in wages, hours or working conditions.
B. The procedure is not intended to be used to challenge the content ofemployee
evaluations mrperformance reviews.
18
Agreement No. 5442
C. The procedure is not intended to be used to challenge the merits of a reclassification,
|av'mff, transfer, denial of reinstatement, or denial of step or nleh1 increase.
D The procedure is not intended to be used in cases of reduction in pay, dennVtion,
suspensions or a termination, but is subject to the formal appeal process as outlined
inOrdinance 588.
SECTION 5.
Grievants and City representatives, upon request, shall have the right to a conference
atany level ufthe grievance procedure.
SECTION 6. EMPLOYEEAf'lf"EALS FROM DISCIPLINARY ACTIONS
A. Any permanent employee in the Classified Service who has been suspended, for a
period of six (6) days or more, demoted, disrninsed. Or reduced in pay shall have a
period of ten (10) days following written notification in which to file on appeal or
answer the charges.
B. The employee shall forthwith be Q|Van in said written notification a statement ofthe
extent and nature of any disciplinary action and a full explanation of the reasons for
the action including specific information as to time and place of incidents.
C. Fach disciplinary action Shall automatically be given administrative review by the City
Manager, immediately after the vx[)ttem notification, and the City Manager may
cVt/ntenmand \he disciplinary action ormodify the disc|cJhneimposed prior toany
hearing amhereinafter provided,
D. Appeals and requests for hearings shall befiled with the City K8mnager, and then
immediately referred to the Los Angeles County Civil Service Connnoinainn or City
Council, oothe case may be.
E' The Commission shall have the right to refuse to hold a hearing in any case in which
the appellant fails topresent sufficient grounds tnwarrant ahearing.
F. Procedures for all hearings to be conducted by the Count shall be in accordance with
the Rules ofthe Los Angeles County Civil Service Commission.
ARTICLE XV- LAYOFF
SECTION 1. - VVhenaVmr, in the judgment of the City Cound|, it becomes
necessary to reduce the workforce because of lack of funds, lack of work or naorgonization, an
employee may be }aid off, redUoed in classification or displaced by another employee. Such layoff,
reduction or displacement shaA result from action of the City Manager or his designee. Such action
shalt not entitle the |aid off', reduced or displaced, employee to @ right mfappeal. The City Manager
shall recommend hothe City Council each classification tobe affected bvany such change,
SECTION 2. Notice tmE[OQjqyp��-
An,employee filling afuU-hnm0lPosition Shall be g\wen0nurle*en
(14)calendar days prior notice nflay off. Employees transferred, redwced ordisplaced shall be given
five (5) calendar days" notice. The City Council may approve a redUCti0n in the notice requirernents,
19
Agreement No. 5442
if so recommended by the City Manager.
SECTION 3. A"t-Wii1tanrjloyc p� - The City Manager retains the right to layoff or alter the work
assignment of the following employees at any time without notice or right of appeal: emergency
employees, temporary or seasonal employees, part-time employees, original probationary
employees, promotional probationary employees and employees designated as at-will. The
promotional probationary employee shall revert to his/her previously held classification and position
without loss of seniority.
SECTION 4. Procedures for La off - A permanent employee in a classification effected by a
reduction in force shall be laid off based on seniority in City service; that is the employee with the
least City service shall be laid off first, followed by the employee with the second least City service,
etc. Seniority shall be determined by hire date.
SECTION 5. Breaking...J'ie - Provided that seniority, hiring date is equal retention points for job
performance shall be credited on the basis of the average of the overall evaluation ratings for the last
three (3)years in a classification, provided the last rating had been filed at least thirty(30) days prior
to the date of the layoff notice. Retention points are as follows:
1. "Unsatisfactory" rating 0 retention points.
2. "Improvement needed" rating 6 retention points.
3. "Satisfactory" rating 12 retention points.
4. "Exceeds expectations" rating 18 retention points.
5. "Outstanding" rating 24 retention points.
SECTION 6. Reduction to a Vacant Position -An employee designated for layoff as a result of
abolition of a position or classification may be offered appointment to a vacant position in a lower
classification, if the employee is qualified by education and/or experience for such position. If there is
more than one qualified employee eligible to be offered such appointment(s), the offer(s) shall be
based on seniority, with the employee with the highest seniority offered the position first, then the
next highest, etc. If the employees have the same seniority, then the procedure for breaking ties set
forth above shall apply. An employee accepting such appointment shall be placed on the step for the
lower classification most closely corresponding, but in no case higher, than to the salary step of
his/her previously held position, and the employee will be assigned a new salary anniversary date on
the effective date of the appointment.
SECTION 7. Dist)l'aceii,ier„t1„m, o,q,lits-An employee designated for layoff as a result of abolition of a
position or classification may displace (bump) an employee in a lower classification, if the employee
previously held permanent status in such classification. An employee who is bumped shall be laid off
in the same manner as an employee whose position or classification is abolished.
SECTION 8. Sala 1�'Ia,c me t-An employee who is assigned to a lower classification as a result
of a displacement(bump) shall receive the compensation reflected by the step of the salary range of
the new classification closest to the compensation of the employee in the previous classification, and
the employee will also be assigned a new salary anniversary date on the effective date of the
appointment. An employee accepting such appointment shall be placed on the step for the lower
classification most closely corresponding, but in no case higher, than the salary step of his/her
previously held position, and the employee will be assigned a new salary anniversary date on the
effective date of the appointment. The employee shall, however, retain seniority while his/her name
remains on a reemployment list or lists, as set forth in subsection 9.
20
Agreement No. 5442
SECTION 9. R e,in i lr�.Yl,�r�rent..,Ust - The names of permanent employees who have been laid off
under this section (including employees who bumped down)shall be placed, in order of seniority from
highest to lowest, on a reemployment list for their classification or any lower classification for which
the employee is qualified by education and/or experience. Persons on such lists shall retain eligibility
for appointment there from for a period for three years from the date their names were placed on the
list. As a vacancy within a classification or a lower related classification becomes available, the name
appearing at the top for the list shall be offered the opportunity to fill the vacancy. The name of an
individual selected from the list to fill the vacancy who refuses the re-employment offer shall be
permanently removed from the re-employment list without right of appeal. Laid-off employees do not
earn seniority credit or benefits while on the re-employment list.
SECTION 10. l i l ragrt.mr mpczU�11[py,Lj)ent- If a person is reemployed by the City within three years,
the employee's accumulated sick leave allowance, seniority and vacation accrual shall be reinstated.
Employees should be placed on the same salary step previously held upon reemployment.
ARTICLE XVI -MISCELLANEOUS
SECTION 1. Credit„Union - Employees are eligible to join the South Bay Credit Union.
SECTION 2. 9rpporary As;:Lg!)n1,q!!t...t.p...li ii9her Classification -Where an employee is qualified for
and is required for an appreciable period of time to serve temporarily in and have the responsibility
for work in a higher class or position, when approved by the City Manager, such employee, while so
assigned, shall receive the entrance salary rate of that class or whatever step thereof that is not less
than five percent above his or her present rate, whichever is higher. For the purpose of this section,
"appreciable period of time" is defined as ten consecutive working days (eight working days if on
four/ten plan) or longer.
SECTION 3. (Rest Periods - All bargaining unit employees shall be provided a fifteen (15) minute
rest-break near the mid-point of every four hours of scheduled work. In order to ensure that such
affected employees are prepared to reconvene performance of their duties precisely at the conclusion
of the fifteen (15) minute rest-break, such employees are encouraged to take their break within the
building where they are regularly assigned or on the grounds immediately adjacent to the work
assignment.
As it concerns lunch breaks, all affected employees are scheduled for either a thirty(30) or sixty(60)
minute lunch break depending upon the work assignment. Said scheduling shall be in accord with
pre-existing City practices and procedures.
Failure by an employee to utilize a rest or lunch break shall not result in any accumulation or other
"banking" of said unused time; nor shall failure to utilize said rest or lunch break time result in
conclusion of the employees regularly scheduled work shift at a time earlier than scheduled nor shall
any unused break time be utilized to extend a lunch break. However, in any instance where
management mandates that a rest or lunch break not be taken because of the need to provide
services to the City, then said additional work time shall be compensated in accord with this MOU,
City Rules and Regulations and applicable statutory requirements. Additionally, in said
circumstances, management does have the discretion to allow for early termination of an employee's
regularly scheduled work hours in amounts of time equivalent to the missed breaks.
21
Agreement No. 5442
SECTION 4. 5.1,tq_(Eeclassification Review
A. Basis for y�� - 8 bargaining unit employee or Union may make o request for
nadU
mS� UcaUn
onnn�everytmoyeare. ifmnemmo|oyee'akobdUUeaandrweponmibi|Uiaahavebec00e
significantly different over the two-year period.
B. F4gcesskl(j, o| The request for reclassification review must be submitted by the
employee or the Union to the employee's immediate supervisor. The employee's supervisor shall
submit awritten recommendation tothe employee's Department Head concerning the merits nfthe
reclassification review request. If the Department Head determines that the employee's job duties
and responsibilities have significantly changed, the Director of Human Resources will initiate the
reclassification review process.
Human Resources Department staff will have the responsibility to conduct the reclassification review
process. However, if the Union and the City mutually agree, a consultant may be utilized at any step
of the nac|osoUiceUon review process. The oVmt of the agreed upon Consultant will be paid by the
City.
C. C,9o1pqpt���'qf edamsifica0on |eVew'
1. The employee requesting the reclassification review will provide information summarizing
the scope and complexity ofthe duties and responsibilities nfthe position.
2. The employee requesting the reclassification review will be interviewed and observed at
work to assess the validity of the information provided bythe employee and to develop a
full understanding nfthe job duties and responsibilities.
3. A salary survey will be performed comparing the employee's position with similar
poe\buna in the Cities ofCulver City, Gardena. Hawthorne, Hermosa Beach, Inglewood,
Los Ange|es, Manhattan Beeuh, Redondo Beach, Santa Monica, Tonancm, and the
CVwnb/ of Los Angeles, For purposes of the salary nUmey, the mid-point of the Cib/^n
Current pay schedule m/fl|be cormpwredtothe midpoints ofthe surveyed public entities for
positions with similar education and/or experience requirements. Variances of+/- 596will
be considered comparable iothe prevailing rets.
D. Urqe,s - The completed reclassification survey and a
draft job description shall be reviewed by the employee's supervisor and the Director of Human
Resources. The Director shall then meet and confer with the Union on the results of the
reclassification review.The Director shall then make his or her recommendation to the City Manager.
The Director shall recommend to the City Manager the approval of any reclassification request that
reflects a substantial change in the duties and responsibilities of the position.
E. AcLi0nbv the GityCmuMi} 'All reclassifications must beapproved bythe City Council.
F. Effective dat of reclassification - Anyappnoved reclassification mhmU become effective the
pay period following approval.
G. C en e to decision on reclassification r(_)(JUeSl-The Union may challenge the denial of the
reclassification request by the Director of Human Resources, the City Manager or the City Council.
Any challenge 7othe denial of the reoUasgifica\|onrequest will begoverned bythis section and not by
Article X\/|, Grievance Procedure. If a challenge is made, n new C|@SdOcahon review will be
completed by a neutral entity selected by mutual agreement of the Union and the City. The parties
22
4oreemeOtNo. 5442
agree to accept the conclusions reached by the neutral entity. The cost of the consultant's services
will beshared equally bvthe Union and the City.
SECTION 5. Seniotity- For the purpose of this Memorandum of Understanding, seniority shall be
defined as bargaining unit member's \n\a[ continuouoannp|oyWnen\ in m position inthe City's
classified service, Tmta|, com(|/)unM tirmp|myrneDt is that which is uninterrupted by separation and
|ocK/dos1)actual<i|nmworked,2)ou0hm6zed|(,,,'aVoofabsence, both paid and unpaid,3)family leave,
4) military leave and 5) industrial injury Or illness leave. For purposes of this section, a leave of
absence without pay islimited to8maximum of9Ucontinuous days.
SECTION 6. S - Standby Duty imthe time that employees, who have been released
from duty, are Specifically required by their supervisor to be available for return to duty when required
by the City. During Standby Duty, employees are not required to remain attheir City work station or
any other specified location. Standby Duty employees are free boengage in personal business or
activities. However, standby duty requires that employees:
1. Be ready to respond immediately.
3. Be reachable by paging device or telephone. The City may, in its dincretinn, provide n
paging device (a.g.. mbeeper)toanassigned Standby Duty employee.
3. Be able to report towork within one (1) hour 0fnotification,
4. Refrain from activities which might impair their ability to perform assigned duties. This
includes, but ionot limited to, abstaining from the mmmSUnnption0fany alcoholic beverage
and the use ufany iUegat drmgorincapacitating medication.
5. Respond to any call back during the assigned standby period. As with any City
equipm)ent, any paging device assigned to an employee is the responsibility of the
standby employee during the standby assignment. The employee is liable for loss or
damage to the paging device which is caused by the employee's negligence or intentional
acts
Failure of an employee to comply with the provisions of standby duty may subject the employee to
diouip(ina, up to and including termination Ofemployment with the City.
For each period of standby duty, employees shall be provided the choice of two (l) hours of
compensatory time off or two (2)hours of paid time.A period of standby duty shall be defined as one
(1) day, commencing utOOD1 and ending at24UO.
An employee who uses sick leave or vacation leave during a standby period, occurring on or after
September S, 20D0^ shall not beprovided any form ofcompensation for the standby period, uo|eso
the employee's d$Vmdnlant head approves, in writing, the provision of the normal standby period
compensation.
SECTION 7. Jury Dutv - Employees shall be entitled to a leave of absence forjury duty subject to
compliance with all ofthe following conditions:
A. The employee must provide written notice of the expected jury duty to his or her supervisor as
soon aapossible, but innocase later than 14calendar days before the beginning ofthe jury
duty.
23
Agreement No. 5442
B. During the first two weeks of jury duty, an employee shall be entitled to receive his or her
regular compensation.
C. For any portion ofjury duty that extends beyond the first two weeks, such extended jury duty
period shall be without regular pay.
D. Any compensation for the first two weeks ofjury duty,except travel reimbursement pay, must
be deposited with the Director of Human Resources.
E. While on jury duty, the employee must report to work during any portion of a day that the
employee is relieved ofjury duty for three or more consecutive hours. Employees relieved of
jury duty for three or more consecutive hours may use accrued leave to take the rest of the
day off, provided they have secured prior supervisory approval.
F. The employee must provide documentation of his or her daily attendance on jury duty.
G. However, notwithstanding Section C above, employees may access accrued vacation leave,
sick leave and compensatory time, if jury duty extends beyond two weeks.
SECTION 8. C,e I.r..fw'Ii"oI,Ic ;,'lip ncd - Employees in classifications which are currently issued a cell
phone may elect not to be issued cell phones and instead receive an eighty dollar ($80) monthly
stipend to offset the cost of utilizing their personal devices for work related purposes. Non-exempt
employees shall not usetheir personal cell phones to perform anywork on behalf of the City outside of
normal working hours without prior supervisory approval. Employees who electthis option shall make
their personal cell phones and cell phone records available for inspection by the City on the same
terms and conditions as employees who are issued City cell phones.
SECTION 9. elniri; nt a�.f Work Schedule
Effective the first day of the first pay period in January 2018, employees of this bargaining unit shall
operate on a 9/80 work schedule. Employees shall typically be assigned a Monday through Friday
9/80 schedule. The City and SPEA membership agree that the membership may be split into"A" and
"B"teams by their respective Department Heads, such that "A" and "B"teams work opposite Fridays
and have opposite Fridays off.
Due to operational needs, the City may assign employees to operate a different 9/80 schedule if the
change is intended to be permanent and the exercise of such right is not arbitrary, capricious,
retaliatory, or discriminatory. The City shall provide SPEA and the employee with 30 days' notice prior
to the implementation of any change in the designated workweek. Such notification shall provide a
description of the operational need for the proposed change.
The City shall not change an employee to any other schedule;(five/forty or four/ten) without mutual
written agreement by (1) the employee, (2) his or her Department Head, and (3) the SPEA Union
Board,
ARTICLE XVII -DRUG-FREE WORKPLACE STATEMENT AND SUBSTANCE ABUSE
OI ICy„ PMOKING POLICY , ID BREAK POLICY
The parties have met and conferred in good faith regarding the adoption of a revised drug-free
workplace statement and substance abuse policy dated July 1, 2008, as well as a non-smoking
policy and break policy and the same shall be implemented concurrent with adoption of this MOU.
24
Agreement No. 5442
ARTICLE XVIII - PERSONNEL FILE
SECTION 1. The official personnel file of each employee shall be maintained in the Human
Resources Department. A unit member and/or a Union representative authorized bythe member, in
writing, may review or obtain copies of material from the employee's file with the exception of
material that includes ratings, reports or records which are obtained prior to the employment of the
employee involved.
SECTION 2. Employees shall be provided any copies of derogatory material placed in their official
file. Employees will be requested to acknowledge they received any derogatory material priorto it
being placed in their personnel file.
SECTION 3. All customer or citizen letters of a positive nature and/or any City commendations,
letters of achievements and recognition will be placed in the employee's personnel file.
ARTICLE XIX -AGENCY SHOP AGREEMENT
L g%slativ_etill o,ril;,y-The City of EI Segundo (City) and California Teamsters Local 911 (Union)
mutually understand and agree that in accordance with State of California law, per adoption of SB
739, and the Agency Shop election held January 2004, a majority of the full time, regular employees
in classifications represented by the Union voted to be covered by an Agency Shop agreement. As
a result of the Agency Shop election, as a condition of continued employment, this Agency Shop
agreement hereby requires that all bargaining unit employees:
1. Elect to join the Union and pay union dues; or
2. Pay an agency fee for representation; or
3. With a religious exemption, pay a fee equal to the agency fee to be donated to
selected charities.
Unnion„Du / g,@,!)py Fee Collection
Effective January 2004, the Finance Department shall deduct union dues, agency fee and religious
exemption fees from all employees who have signed a written authorization and a copy of that
authorization has been provided to the Finance Department. Employees on leave without pay or
employees who earn a salary less than the union deduction shall not have union dues or agency fee
deduction for that pay period.
The Union shall notify the City of any agency fee payer who elects to only pay fair share fees,the fee
equal to direct representation costs as determined by the Union's certified financial report. The Union
shall notify the City of the amount of the fair share fee to be deducted from the fair share fee payer's
paycheck.
The Union shall set the dues amount pursuant to the International Brotherhood of Teamsters (IBT)
constitution and notify in advance all affected employees and the City if the amount will change.
New Hire Notification
Effective January 2004, all new hires in this general bargaining unit shall be informed by Human
Resources, at the time of hire,that an Agency Shop agreement is in effect for their classification.The
employee shall be provided a copy of this agreement, the Memorandum of Understanding and a
25
Agreement No. 5442
form, mutually developed between the City and the Union that outlines the employee's choices under
the Agency Shop agreement.The employee shall beprovided thirty(3O)calendar days from the date
of hire to elect their choice and provide a signed copy of that choice to the Finance Department.The
Union may request to meet with new hires at a time and place mutually agreed upon between the
Department Head and the Union.
Failure &mPnYDues/Ee,es
Should an employee fail to make an election and provide the City a signed copy of the Agency Shop
employee election form, the Union shall notify the City, requesting the employee be terminated from
employment for failure to make an election. Within tan (10) working days of each new hire in the
bargaining unit. the C|h/ shall notify the Union of all new hipea, providing the Union the employee's
name, classification and date ofhire.
An employee who is a member of bnDm fide religion, body or sect that has historically held
conscientious objections to joining or financially supporting m union ohmU not be PuqVired, as a
condition of employment, to join the union and pay union dues or pay an agency fee for
representation.
An employee claiming religious exemption status shall be required to provide to the Union proof of
affiliation with such mreligious body orsect.
In lieu of union dues or agency fee, the employee claiming religious exemption shall be required to
pay a fee equal to the Agency Fee, to a non-labor, non-religious charitable organization.
Records
On an annual basis,the Union shall provide the Human Resources Director with a copy of the Union's
certified financial report. The City shall provide the Union a list of all unit members and dues paying
status with each union dues check remitted tothe Union.
Rescission ofAcireerne/ t
The Agency Shop agreement may be rescinded at any time during the term of the Memorandum of
Understanding by a majority vote of all employees in the bargaining unit. A request for such vote
must be supported by a petition containing the signatures of at least thirty percent (3096) of the
employees in the unit. The election shall be by secret ballot and conducted by California State
Mediation and Conciliation and inaccordance with state law.
Indemnification
The Union shall provide full protection to the City by indemnifying, defending and holding the City
harmless from and against all claims and liabilities as a result of implementing and maintaining this
agreement.
26
Agreement No. 5442
ARTICLE XX ' CATASTROPHIC I-EAVE BANK
Pursuant to the meet-and-confer process for 1997-98, it was agreed upon that effective July 1. 1997,
or as soon thereafter as is possible, the City eheU establish a Catastrophic Leave Bank for
represented employees aefollows:
1' PURPOSE
To establish u program whereby City employees may donate accumulated time to o
catastrophic sick leave bank to be used by permanent, part-time and full-time employees
who are incapacitated due 1oacatastrophic illness orinjury.
2. DEFINITION
Acatastrophic illness orinjury iomohroniour |ung-hmrnnheahhcondiUVn1hatioinoVnab|e
or so serious that, if not treated, it would likely result in a long period of incapacity.
3.
A. There is established a joint-employer/employee committee composed of an individual
from each recognized employee organization and a representative of City
Administration charged with administering the Catastrophic Leave Bank.
B. Employees may transfer aioh |eams, vacation or compensatory leave to the
Catastrophic Leave Bonk to be donated to an employee who is experiencing
catastrophic illness and has exhausted all personal sick leave. Such atransfer can
be made on July 1 of each year on forms provided by the City of El Segundo. The
employee to receive the donation will sign the "Request to Receive Donation"form
allowing publication and distribution of information regarding hia/hershuation.
C. Sick |mave, vacation and compensatory time leave donations will be made in
increments ofnoless than one day. These will behour for hour donations.
D. Employees must hold o minimum of one hundred (100) hours of accumulated
illness/injury leave after adonation has been made.
E. The donation of time is irrevocable. Should the recipient employee not use all of the
donated time for the catastrophic U|namo or injury, any balance will remain in the
Catastrophic Leave Bank to be administered by the unrnnnittea and utilized for the
next catastrophic leave situation.
27
Agreement No. 5442
For the Union: For it ity of �J Segundo:
For
"C'
N.lz
Nvixg, io-,"n/dver,Tee'atm-?-stre--r"s p-sentative G:43r�eg ' rpent, , City Manager
I:j6rd Member Joseph Lilo, Finan e Director
�AA
-co
BoardMember m�4)WL ME VV- )6:L-- Lynn in erg, Hut ian Resources D' tt
p,
Floard Member P�61L 5',111011
—63od
Date Date
Note:
Mernbvrs_tor A were.
Neil Sliolander(Tearnstei's Req)rese 1�4)v 0')
John Gilmour
Michael McDaniel
Paul Samaras
Maria Cerritos
Emma Johnson
for t(je Qjjy_�gjce;
Inna Rodriguez Moisa,Attorney
Lynn Llndberg, Director Of Human Resources
28
Agreement No. 5442
APPENDIX A
BARGAINING UNIT CLASSIFICATIONS
Accounting Supervisor
Administrative Analyst
Assistant Fire Marshal
Associate Engineer
Construction Coordinator(At-Will Position)
Crime Prevention Analyst II
Crime Prevention Analyst I
Deputy City Treasurer I
Economic Development Analyst (At-Will Position)
Emergency Management Coordinator
Environmental Safety Manager
Equipment Maintenance Supervisor
Facilities Maintenance Supervisor
Fire Marshal
GIS Analyst
Information Systems Developer
Information Systems Specialist
Librarian I
Park Maintenance Supervisor
Plan Check Engineer
Police Records Supervisor
Principal Environmental Specialist
Principal Planner
Program Coordinator
Project Specialist
Property Owner Coordinator (At-Will Position)
Purchasing Agent
Recreation Supervisor
Residential Sound Insulation Design Coordinator (At-Will Position)
Residential Sound Insulation Supervisor(At-Will Position)
Senior Accountant
Senior Administrative Analyst
Senior Building Inspector
Senior Engineering Associate
Senior Plan Check Engineer
Street Maintenance Supervisor
Technical Services Analyst
Wastewater Supervisor
Water Supervisor
Wellness Coordinator
29
Agreement No. 5442
APPENDIX B
HUMAN RESOURCES Date: October 5, 1994
Initiator: Bob Hyland
DIRECTIVE TITLE: City Smoking Policy
Directive Policy/Procedure:
It is a policy of the City of El Segundo to prohibit smoking in City buildings, by the public and City
employees, in all areas where it Is felt that smoking will sl9nificantly infringe upon the rights of others,
affecting both their health, safety and their ability to be productive.
This policy recognizes the health hazards of breathing "second hand" smoke, as reported by many
reputable researchers, Including the Surgeon General of the United States.
In accordance with Chapter 6.24 (Ordinance No, 1140) of the El Segundo Municipal Code,the
following shall be strictly adhered to:
Smoking shall be prohibited in all areas of City buildings, including the City Council
Chamber, reception areas, lobbies, conference and meeting rooms, restroom
lounges and lunchroorns, locker rooms and computer rooms.
Smoking shall also be prohibited in any City-owned or City-operated vehicle,
All entrances to City buildings and all areas of City buildings which are regularly occupied by the
public, shall be marked with signs reading: "Thank You for Not Smoking", "No Smoking", or the
International sign for No Smoking, City vehides will be similarly marked,
There shall be no ashtrays in City buildings.
Ashtrays located outside of City buildings shall be placed sufficiently away from entrances so that
second hand smoke does not enter the building.
Enforcement of the provisions, of this policy will be the responsibility of the Director of Human
Resources/Risk Management, supported by City Department Heads or their designate,
Violations of the policy by City employees will result in appropriate progressive discipline.
BH/ss
A??e9MNIqo. 5442
City of El Segundo Substance use Policy
July 1, 2008
PURPOSE
It is the Policy of the City of El Segundo (hereinafter"City')to maintain a safe,
healthful and productive work environment for all employees. The City is committed to
maintaining a workplace free from the influence of alcohol and drugs. The City
recognizes that drugs and alcohol hinder an employee's ability to perform his or her
duties safely and effectively, and desires to protect its employees and the public from
such effects. Employees who abuse alcohol and drugs, on or off duty,tend to be less
productive, less reliable, and prone to greater absenteeism. To these ends, the City will
not tolerate any drug or alcohol use which could affect an employee's ability to safely
and effectively perform the functions of his or her particular job, or imperil the health and
wellbeing of co-workers or the people of the City. (The term "employee" as used herein
shall be considered synonymous with the term "volunteer".)
Employees who think they may have an alcohol or drug usage problem are urged
to voluntarily seek confidential assistance from the Employee Assistance Program.
While the City will be supportive of those who seek help voluntarily or via "optional
referral" (page 4), the City will be equally firm in identifying and disciplining those whose
performance Is affected by substance abuse and do not seek help.
Supervisors and Management employees will be trained to recognize signs and
symptoms of drug abusers and to become involved in this review process. Alcohol or
drug abuse will not be tolerated, and disciplinary action, up to and including termination,
will be used as necessary to achieve the goal of a drug-free workplace.
This Policy provides guidelines for the detection and deterrence of alcohol and
drug abuse. It also outlines the responsibilities of the City Supervisors, Management
and employees.
In recognition of the public service responsibilities entrusted to ALL employees of
the City, with knowledge that drugs and alcohol do hinder a person's abilities to perform
job duties safely and effectively, the following Policy against drug and alcohol abuse is
hereby adopted by the City of El Segundo.
Agreement No. 5442
APPLICATION
This Policy, and/or certain provisions thereof, applies to all employees and
certain applicants of 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.
The Drug-Free Workplace Act of 1988, effective March 18, 1989, requires most
Federal contractors and all grant recipients (including the City of El Segundo) to
implement a comprehensive Substance Abuse Policy. This Policy will comply with the
requirements of the Act.
OBJECTIVE
It is the objective of this Policy to prevent the effects of substance abuse in the
workplace. It is the policy of the City that employees shall not be under the influence as
evidenced by the presence of a drug's metabolite in the employee's system or in
possession of alcohol or drugs; nor possess, use, sell or provide alcohol or drugs while
on City property, at work locations, while on duty or while specifically designated by a
supervisor as being on call; nor have their ability to work impaired as a result of the use
of alcohol or drugs. An employee shall be deemed to be "using" such substances if
prohibited substance levels are in the employee's blood, breath, saliva or urine when at
the workplace, or when otherwise purporting to act in the course and scope of
employment or while designated as being on call.
Use of medically prescribed medications and drugs is not necessarily a violation
of this Policy, unless there is a failure by the employee to notify his/her Supervisor or
Manager, before beginning work, when taking medications or drugs the employee
knows or reasonably should know could interfere with the safe and effective
performance of duties or operation of City equipment. Such malfeasance can result in
discipline, up to and including termination. In the event there is a question regarding an
employee's ability to safely and effectively perform assigned duties while using such
medications or drugs, clearance from a qualified physician may be required.
Upon a documented determination of reasonable suspicion that an employee is
violating this Policy or the Drugfree Workplace Statement, and consistent with
applicable State and Federal law as it from time to time exits; the City reserves the right
to search, without employee consent, all areas and property which the City owns or
-2-
leases. Otherwise, the City may notify the appropriate law enfof"M�JAZYW?an
employee may have Illegal drugs in his or her possession or in an area not owned or
leased by the City.
Refusal to submit immediately to an alcohol and/or drug test when directed by
City Management or law enforcement personnel may constitute insubordination and
may be grounds for discipline, up to and including termination.
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 he or she can be safely transported from the worksite.
CONDITION OF EMPLOYMENT
Compliance with the City of El Segundo Substance Abuse Policy is a condition of
employment for all persons covered by this policy. Any violation of this Policy will be
grounds for discipline, up to and including termination.
DEFINITIONS
Whenever the terms below are used in this Policy,they shall be defined as
follows:.
All EmDlovees: "All Employees" for the purposes of this Policy, refers to all full-
time and part-time employees, volunteers, police cadets, police explorers or police
reserves.
Citv Manaqjement: The term "City Management"for the purposes of this Policy
refers to the City Manager and his/her designee(s),
Manaqement: The term "Management"for purposes of this Policy, refers to
Senior Management, Management and any employee who serves in a supervisory
capacity.
Controlled Substance: Any drugs that are classified by the Drug Enforcement
Administration (DEA) into the five schedules or classes on the basis of their potential for
abuse, accepted use, and accepted safety under medical supervision. A drug in any of
these schedules identifies that it is "controlled" and determines the nature of the
supervisory control that must be exercised.
Drug: The temp "drug" shall refer to any substance, including alcohol, which, in
the opinion of a competent medical professional, causes or may cause significant
impairment of job performance, or which causes or may cause behavior that is a threat
-3 -
reeapenl controlled to the safety of the affected employee or others on the job, whoemer no contro led by
law or prescribed by a licensed medical practitioner.
Employee Assistance Procirarn (EAPI: The City's EAP is a program which
provides counseling and assistance to City employees and their family members.
Medical Review Officer C'MRO"J: The City will designate a physician
knowledgeable In the medical use of drugs as defined herein, prescription drugs and the
pharmacology and toxicology of illegal drugs to act as the MRO. The primary
responsibility of the MRO is to review and interpret positive test results obtained through
the City's drug testing program, and, in so doing, to discuss the results with the
employee ;and to determine whether alternate medical explanations could account for a
positive test result.
Motional Referral: "Optional referral" is a process whereby in lieu of and/or in
conjunction with discipline, any employee of the City may be offered referral by his or
her Supervisor or Manager to an Employee Assistance Program ("EAP").
Pqs,itive Alcohol Test: Any urine, blood or breath test that shows the presence of
alcohol as specified in this Policy, without explanation sufficient pursuant to this Policy,
to render said test excusable.
Positive Dftlqjqj: Any saliva, hair, urine, or blood that is sent to a lab which
reports the presence of controlled substances, as specified in this Policy, without
explanation sufficient pursuant to this Policy, to render said test excusable.
Reasonable Suspicion: "Reasonable suspicion" or"reasonable cause" is a belief
based upon facts gathered from the totality of the circumstances that would cause a
reasonable supervisor to suspect impaired performance or reduced job safety by an
employee on the job. Reasonable suspicion is not to be based upon unconfirmed
rumors, but shall be based upon individual observation by Supervisors or Managers
trained by the City to recognize the signs and symptoms of substance abuse. The
Supervisor or Manager is required to take into account other possible explanations for
observed behavior, such as illness, lack of sleep, fatigue, and reactions to noxious
fumes or smoke. The factors supporting the reasonable suspicion shall be documented
and recorded in a manner provided and approved by City Management. See attached
Reasonable Suspicion Testina Checklist,
A non-inclusive description of behavior that may constitute evidence of
reasonable suspicion is as follows:
Slurred speech;
-4 -
Physical altercation: Agreement No. 5442
Vernal altercation;
Possession of alcohol or drugs;
Information obtained from a reliable person with personal knowledge as to an
employee's drug or alcohol use or possession;
Disorientation or job impairment (inability to perform employee's job in a routine
manner);
Odor of alcohol on breath;
Unsteady gait or balance;
Glassy eyes;
Drowsiness;
Euphoria;
Mood swings
Inattentiveness;
Excitement or confusion;
Irritability;
Aggressiveness.
Rehabilitation bilitation Prom mai: A "rehabilitation program" is a program, beyond that
provided by the EAP, which is designed to assist an employee to become alcohol or
drug free. The City can condition such an employee's continuing City employment
upon an agreement that the employee shall be drug and alcohol free during the entire
period of employment. The cost of any rehabilitation program is bome by the employee,
in conjunction with benefits afforded by any provider of available health and welfare
benefits of which the employee is a subscriber.
Safety Sensitive Emolovee: A "safety sensitive employee" is an employee
occupying, or applying,for, any position in which the employee's job involves special
and obvious physical and ethical demands. These positions shall be designated by the
City at its sole discretion, but shall include at least the following positions and/or
assignments: 1) Any employee whose position requires the carrying of a firearm; 2)
Firefighters; 3) Paramedics; 4) Heavy equipmenVmachine operators; 5) Police Officers;
6) Operators of vehicles; 7) Communications Operators; 8) Lifeguards; and 9) all
personnel involved with Child Development/Child Care.
- 5 -
Security Sensitive ErTMloyge: A "security sensitive emo 69i In Ngm, e
occupying, or applying for, any position in which the employee is subject to special
ethical demands relating to "confidential" or"classified" information affecting personnel,
litigation, and administrative/City functions. These positions shall be designated by the
City at its sole discretion, but shall include at least the following positions: 1) all clerical
and secretarial employees in the City Manager's Office, City Clerk's office, Human
Resources office, and Police Department, 2) all Senior Management and Management
Personnel. Some employees may be subject to DOT testing and, in addition to the
City's policy, will be tested under those regulations.
Substance Abuse: "Substance abuse" shall include the use, by ingestion,
inhalation, injection, or by any other means, drugs as defined herein, alcohol, illegal
drugs, prescription drugs, or any other substance which, in the opinion of a competent
medical professional, impairs an employee's ability to perform safely and effectively the
functions of his or her position, which increases the potential for accidents,
absenteeism, substandard performance, poor employee morale, or which could damage
the City's reputation.
UNDER THE INFLUENCE
"Under the influence"for the purposes of this policy, refers to the presence of the
metabolite of the controlled substance in the urine product at levels at or above those
described in this Policy.
GENERAL PROVISIONS (EMPLOYEE RESPONSIBILITIES)
Since It is the City's Policy to have a workplace free of the effects of drugs and
alcohol, the following are prohibited when reporting to work, on breaks, during meal
periods, when specifically designated as being on call, or when on City property:
A. For an employee to be impaired or be under the influence of any drug
or drugs (including alcohol), while at the worksite or at any other time
or place where the employee is purporting to act in the course and
scope of his/her employment, whether inhaled, ingested, injected, or
otherwise used by the employee on or off duty;
B. For an employee to inhale, ingest, inject or otherwise use any alcohol
or drugs as defined herein. An employee shall be deemed to be
"using" such substances it prohibited substance levels are in the
- 6 -
employee's system when at the workplace, &9ffiL9ffWfhWKqjs@442
purporting to act in the course and scope of employment, or while
designated as being on call;
C. For an employee to sell, give, or provide any drugs (including alcohol)
or drug paraphernalia to any person, including any other employee,
either directly or indirectly through a third party;
D. For an employee while at the workplace or otherwise purporting to act
in the course and scope of employment, to manufacture, transfer,
possess, or purchase any drug or drugs (including alcohol);
E. For an employee to refuse to submit immediately to an alcohol and
drug test when requested by a Manager or Supervisor responsible for
enforcement of this Policy;
F. For an employee, before beginning work, to fail to notify his/her
Supervisor or Manager when taking any over-the-counter medications
or prescribed drugs which the employee knows or reasonably should
know, may alter the employee's physical or mental ability, or the
employees knows or reasonably should know may interfere with the
safe and effective performance of the employee's duties;
G. For an employee to fail to,provide within 24 hours of request bona fide
verification of a current valid prescription for any potentially impairing
drug or medication identified when a drug test is positive. The
prescription must be in the employee's name and be within the time
limits designated by the prescribing physician; and
H. For a "safety sensitive" employee, as defined herein, to fail to notify the
City of any arrest or conviction pursuant to a criminal drug statute
(including alcohol) within five days of the arrest or conviction.
SUPERVISORY Y TRAINING AND POLICY ENFORCEMENT
Supervisors and Management employees will be actively involved in the
enforcement of this Policy and in the detection of substance abusers. To that and, they
will be trained to recognize substance abuse and to comply with the mandates of this
Policy. Supervisors and Management employees shall notify all affected employees of
this Policy, and shall be held responsible for consistent adherence to and enforcement
of this Policy.
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Agreement No. 5442
DRUG TESTING
QrLJ,a Testings refined: Drug and/or alcohol tests shall test for substances which
could affect an employee's ability to effectively and safely perform the functions of
his/her job. Drug groups which are the focus of screening include, but are not limited to,
the following:
Amphetamines/methamphetamines;
Barbiturates;
Benzodiazepines (Valium);
Cocaine;
Methadone;
Methaqualone (quaaludes);
Opiates (morphine, codeine, heroin);
Phencyclidine (PCP);
Propoxyphene (Darvon);
Marijuana;
Alcohol;
Steroids (Anabolic) and Chorionic Gonadotropin, per H&S Code § 11056(f).
Upon implementation of this Policy, employees and certain applicants for
employment will be required to submit to the following drug tests as applicable:
)seasonable Su§s icion T+estina
A. Supervisors and Management employees may order that an employee
submit to a drug and/or alcohol test when they have.a. reasonable suspicion that an
employee is intoxicated or under the influence of drugs or alcohol while on the job, or
while specifically designated by a supervisor as being on call. Reasonable effort shall
be made to have the testing order given by a supervisor or manager within the subject
employee's department. For example, if a Police Department supervisor observes
behavior indicative of reasonable suspicion to test a Public Works employee,
reasonable steps given the precise circumstances, shall be undertaken to brief the
appropriate Public Works supervisor. However, if the Public Works supervisor in this
example is unable to later observe the factors constituting reasonable suspicion, the
observations of the non-department supervisor shall suffice to allow either the
department or non-department supervisor to order a test.
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"Reasonable Suspicion" is a belief, based on objective f dfi?,EMIM 4th 1 a
reasonably trained and prudent Supervisor or Management employee to suspect that an
employee is under the influence of drugs or alcohol such 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. See attached Re on ]e Sys 1� n....Testit a Checklis.t.
B. Any Supervisor or Management employee ordering an employee to submit
to a drug and/or alcohol test must first document in writing the facts constituting
reasonable suspicion that the employee in question is intoxicated or under the influence
of drugs. Said documentation must be submitted to the Human Resources Director or
his/her designee prior to any test being administered.
C. When a Supervisor or other Management employee has reasonable
suspicion to believe that an employee is impaired by drugs or alcohol, the employee will
be removed to a suitable location, which will ensure his or her privacy, will be
interviewed and informed of the basis of the reasonable suspicion. Said interview shall
be procedurally governed by any statues, ordinances, rules or regulations effecting such
an employee interview. Where reasonably possible, said suspicion shall also be
confirmed by a second supervisor or manager. Any statements made during the
interview may be recorded, and may be used in any subsequent proceedings involving
the employee. If the Supervisor or other Management employee still has a reasonable
suspicion that the employee is still not drug free, the employee;will be reminded of the
City's Policy and ordered to submit to urine testing in accordance with the procedures
established by this Policy (subject to concurrence in said order by the Human
Resources Director and/or his designee). (It is recognized that drug screening by use of
a "hair follicle"test has gained widespread support in the legal profession as constituting
an accurate screening method. Accordingly, the City may, at its sole discretion, utilize
said method. However, and in view of the relatively high cost of performing said test,
the City is not compelled to use such a screening process.) If the employee agrees to
comply with the order, he or she will be transported to a designated collection site. NO
TEST SHALL BE ADMINISTERED, UNLESS THE HUMAN RESOURCES DIRECTOR
OR HIS/HER DESIGNEE CONCURS IN WRITING IN THE DETERMINATION THAT
REASONABLE SUSPICION EXISTS TO JUSTIFY A TEST AND THAT THE TEST
SHALL BE GIVEN PURSUANT TO THIS POLICY.
Any Supervisor or Management employee encountering an employee who refuses
an order to submit to a drug and/or alcohol test shall remind the employee of the
-9-
No
544
requirements and disciplinary consequences of breaching this Policy Vie th s
reasonable suspicion that the employee may be under the influence of alcohol or drugs,
the Supervisor or Management employee should attempt to detain the employee other
than by use of force, for a reasonable time until the employee can be safely transported
home.
D. Supervisors and Management employees shall not physically search the
person of employees, nor shall they search the personal possessions of employees
without the freely given consent of, and in the presence of, the employee.
E. 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 possession or in an area not jointly or fully controlled by the City. 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.
PRE-EMPLOYMENT TESTING
Certain ,Job An licants After a conditional job offer has been extended, the Citv
has a sr)ecial need to require a dr'uo and alcohol test in accordance with the procedures
established by this Policy for certain applicants being considered for hire to certain job
classifications . These classifications include but are not limited to jobs that have a
special (uncommon or unique) and obvious (conspicuous or usually discernible)
physical or ethical demand, which, if comprised, could have adverse consequences
upon public safety or national security, or jobs that can directly influence children. Said
classification shall include those defined on page 5 as safety sensitive positions, those
listed in Exhibit A, and additional positions, which may from time to time be created that
fit into the general description defined herein. These applicants must take and pass a
drug and alcohol test following their acceptance of an offer of employment that is
conditioned upon passing a pre-employment physical and drug/alcohol test.
Confirmed Positive Results:
The Human Resources Director or his/her designee will maintain the security of
reported confirmed positive test results. Confirmed positive results may be used by the
City in any disciplinary action against the employee involved.
- 10-
;Consequences of Refusino to Take any Test Rggu" I 2
Failure of any employee to submit immediately to a substance test ordered in
accordance with this Policy (or other test approved herein) will be considered a serious
offense of insubordination and may result in discipline, up to and including termination.
Continui'gn t l..egal Validity of Testing Procedures:
In the event that future developments make it apparent that any approved drug
testing procedures are unlawful, the City will cease to implement those procedures as
are found to be unlawful.
EMPLOYEE ASSISTANCE PROGRAM,
Early recognition and treatment of alcohol and drug abuse is important for
successful rehabilitation, for economic return to the City, and for reduced personal,
family and social disruption. The City encourages the earliest possible diagnosis and
treatment for alcohol and drug abuse. However, the decision to seek diagnosis and
accept treatment is primarily the individual employee's responsibility. To assist
employees in obtaining early voluntary treatment, the City has established an Employee
Assistance Program (EAP). The EAP provides counseling and assistance to all City
employees.
The Human Resources Department shall make information regarding such
services available to all City employees.
Employees with alcohol or drug abuse problems should request the confidential
assistance of the EAP. Employees may seek help without approval or even the
knowledge of their Supervisor or Manager. The EAP will provide assistance on a
confidential basis and will refer the employee to appropriate counseling or treatment
services. Requesting assistance of the EAP in dealing with an alcohol or drug abuse
problem shall not, in and of itself, jeopardize the employee's continuing employment
status with the City. However, requesting assistance of the EAP, whether it be
voluntary or otherwise, does not immunize an employee from being subject to
disciplinary action. In most instances, such requests will minimize exposure to
disciplinary action.
Employees who undergo voluntary counseling or treatment pursuant to a referral
by the EAP and who continue to work must meet all established standards of conduct
and job performance.
- 11 -
A
greenigARo. 5442
Voluntary Self-Referral to EmeLoyee Assistance Pro, am
Assistance through the EAP program will be available on a self-referral basis as
follows:
A. Prior to discovery of any violation of this Policy, any employee who
believes that he or she has a substance abuse problem requiring treatment may
voluntarily request assistance through the EAP either directly through the EAP provider,
if direct referral is available, or through his or her supervisor;
B. To correctly and completely identify the nature of a substance abuse
problem, an employee may be required by his or her Manager or Supervisor or the EAP
provider to submit to a drug test prior to beginning counseling or treatment. The results
of the test conducted by the EAP will not be reported to the Human Resources Director
or the MRO. However, the EAP provider shall be authorized to advise the Human
Resources Director, MRO, or the employee's supervisor if in the sole-opinion of the EAP
provider, the employee is unfit to perform the duties of his/her position and attempts to
perform said duties may result in serious safety risk to the City or to the public. The
employer shall then be able to commence an investigation of the allegation;
C. If the EAP provider determines it is appropriate, the employee may be
referred to a rehabilitation program. An employee referred to a rehabilitation program
will be responsible, in conjunction with any provider of available health and welfare
benefits, for the cost of the rehabilitation program;
D. Regardless of participation in the EAP program or a rehabilitation
program, any employee found to be performing purportedly in the course and scope of
employment while impaired by a drug or alcohol, or so impaired while specifically
designated as being on call and as prohibited by this Policy, shall be subject to
discipline, up to and including termination. Employees are, therefore, encouraged to
request to be relieved from duty and be placed on a leave of absence during his or her
participation in the EAP or rehabilitation program if the employee will not remain drug
free during the program. The City will allow the employee to take one leave of thirty
(30) calendar days or less and to charge accumulated sick leave or other leave credits
while the employee participates in the EAR rehabilitation or treatment program. If no
leave credits are available to the employee, he or she may, if deemed necessary by
Management, be placed on a leave of absence without pay for the duration of the EAP,
rehabilitation or treatment program;
- 12-
E. If an employee is experiencing performance prob%WUMs*irrp*2
action is contemplated or pending against the employee at the time a request for
assistance is made, the request for assistance will be treated as a separate but possibly
related issue. In no case will a request for assistance provide amnesty to an employee
in a contemplated or pending disciplinary action. A request for assistance may, at the
discretion of City Management, defer related pending or contemplated disciplinary
action until completion of the treatment process;
F. An employee will suffer no loss of seniority by virtue of his or her
participation in the EAP or rehabilitation program.
Optional Referral to Employee Assistance Program (EAK.
The City recognizes that assistance through the EAP, or rehabilitation, rather
than disciplinary action, or possibly in conjunction with some forms of discipline, may be
appropriate in certain circumstances. Referral to the EAP, rather than discipline, or
along with lesser forms of discipline other than termination, may be made as follows:
A. Upon a first offense of a violation of this Policy, an employee will
generally be given the option of referral to the EAP for completion of a prescribed
rehabilitation program, rather than being terminated. The employee may be relieved of
safety sensitive and/or security sensitive functions until completion of the rehabilitation
program to the satisfaction of the rehabilitation counsel, return of a negative drug test,
and signing of a Re-entry Agreement as discussed further below;
B. An employee subject to optional referral must agree to undertake and to
complete successfully a course of treatment as deemed appropriate by the EAP and/or
rehabilitation program counselor. Any employee refusing to agree to comply with an
optional referral is subject to discipline, up to and including termination.
C. If an employee fails to conform to the requirements of the rehabilitation
program and/or fails to successfully complete the program and/or fails to remain drug
free, the employee may be terminated. As part of the terms of the optional referral, the
employee agrees that the EAP provider and/or rehabilitation counselor will report to the
employee's Supervisor or Manager any failure on the part of the employee to cooperate
in the rehabilitation program, or to progress through the program to the satisfaction of
the counselor;
D. The City will allow the employee to take one leave of thirty (30) days or
less and to charge accumulated sick leave or other leave credits while the employee
- 13 -
participates in the EAP, rehabilitation or treatment program. If n8rl� i e e��s arre2
available to the employee, he or she may, if deemed necessary by Management, be
placed on a leave of absence without pay for the duration of the EAP, rehabilitation or
treatment program;
E. An employee will not generally be offered referral to the EAP or
rehabilitation in lieu of discipline for a second violation of this Policy;
F. An employee will suffer no loss of seniority by virtue of his or her
participation in the EAP or rehabilitation program;
G. An employee who desires to return to work after an optional referral must
agree to the terms of a Re-entry Agreement, the terms of which shall be established by
the City in its sole discretion. That Agreement may include, but is not limited to, the
following:
Release to Work: Submission of a Release to Work Statement, which is
satisfactory to the City, from a medical or treatment specialist. Review and work
release by the Medical Review Officer.
Follow-up Care: Submission of an after care and follow-up treatment plan with
a counselor or specialist which would last a minimum of six (6) months, or longer, as
specified by the counselor or specialist.
Negative Drug Test: Submission of a negative urine test (or hair follicle test),
taken in accordance With the procedures established by the City.
'EMPLOYEE CONFIDENTIALITY'
Information about Collection of Sample:
Employees will be verbally notified of the purpose for collecting a sample prior to
its collection for a drug test under this Policy. The collection of urine samples shall be
done with all reasonable regard for the employee's privacy, but with all reasonable
assurances taken that the sample being provided remains secure.
Laboratory or Test Results:
Laboratory reports or test results shall not appear in an employee's general
personnel folder. Information of this nature will be contained in a separate confidential
medical folder that will be securely kept under the control of the Human Resources
Director. The reports or test results shall be disclosed to City Management on a strictly
need-to-know basis, and to the tested employee. Disclosures, without employee
- 14 -
consent, may also occur when: (1) the information is compell EI�WjM&I or
administrative process; 2)the information has been placed at issue in a formal dispute
between the employer and employee; (3) the information is to be used in administering
an employee benefit plan; and (4) the information is needed by medical personnel for
the diagnosis or treatment of the patient who is unable or unwilling to authorize
disclosure.
Searches:
The City shall not physically search the person of any employee. The
appropriateness of any physical search will be left to the determination of the proper
legal authorities. Any searches of employees' personal belongings may be done only
pursuant to freely given consent, or as permitted by law. The City may search any
property or area which is City owned or leased by the City. Employees are specifically
notified that the following areas are not private, unless agree to otherwise in writing by
the City: desks, file cabinets, work area, employee lounges, lunch area, restrooms,
lockers and any other storage area. Searches of said City owned or lease areas shall
be done either:
(1) in the employee's presence, or
(2) with the employee's consent, or
(3) pursuant to a valid search warrant, or
(4) where the employee has been notified that a search will be conducted,
,LABORATORY SELECTION AND MANAGEMENT"TENT' (These provisions are subject to
necessary technical modification should hair follicle testing be utilized.)
A. The City shall utilize medical providers that are qualified to handle the
collection of urine samples for the purpose of drug and/or alcohol testing.
Although selection of such, provider(s) shall be in the sole discretion of the
City, the latter shall solicit the advice of recognized employee
organizations regarding such selection.
B. The City shall utilize a laboratory that is properly licensed and SAMHSA
certified and whose procedures comply with ongoing state and/or federal
law.
C. There shall be two (2) urine samples collected and split in two separate
containers. The laboratory that conducts the screening of the urine
sample for drug and/or alcohol testing must confirm the positive test
- 15 -
results by testing the second sample using Gas CWWY8QRy/IVa&
Spectrometry.
D. Samples collected under this procedure will only be tested to determine
the presence of drugs and/or alcohol.
E. The employee shall have the right to have both the split sample tested by
another licensed lab at his/her own expense. However, results of a test(s)
conducted by a laboratory selected by the employee need not be given
the same weight by the City as is given to the test results produced by the
laboratory selected by the City for the initial examination and, the results
of the lab selected by the employee shall not be a bar to the City of taking
corrective action as set forth in this Policy. At its sole discretion, the City
can require that a sample be submitted to a third analysis by a lab of the
City's choice and at City expense, in cases where the City lab and the
employee designated lab have produced inconsistent results. The impact
of any such third analysis shall be determined by the City.
Druo Screening Process:
A. The first screening of the urine sample will be by the Enzyme Multiplied
Immunoassay Technique (EMIT). If the first test is positive, the urine
sample shall be submitted for a confirmation screening test.
B. The confirmation test will be by Gas Chromatography/Mass Spectrometry.
C. Only a positive result by the confirmation testing will be reported to the
City of EI Segundo by the MRO. Subject to the exceptional substance
levels described below, it is the policy of the City of EI Segundo that a test
result indicative of any such level of alcohol or drug shall authorize the
City to address said finding as described in this policy. However, the
City's contact of professional criminalist and healthcare providers has lead
to a recognition that certain minimal levels of specified drugs may be
confirmed via the drug screening process described herein, yet from a
medical and municipal policy implementation viewpoint, should not result
in adverse consequences to the subject employee. The City's
investigation has revealed that a variety of law enforcement agencies,
criminalists and healthcare professionals, do acknowledge that certain
specified drugs can exist in trace amounts within the body, without
- 16 -
causing impairment and/or without having been 06%WW&st%A42
Therefore, a positive druin screen indicating the following drug levels shall
not be-indicative of a "oositive�drug test. The following levels are
aoiaroved by NIDA:
EMIT GC/MS
Drug
1. amphetamines/methamphetamines 1000 ng/ml 500 ng/ml
2. barbiturates 300 100
3. benzodiazepines (Valium tranquilizers) 300 150
4. cocaine metabolite 300 150
5. methadone 300 100
6. methaqualone 300 100
7. opiates (morphine, codeine, heroin) 2,000 2,000
8. phencyclidine (PCP) 25 25
9. propoxyphene (Darvon) 300 100
10. cannabinoid(THC) 50 15
11. steroids N/A N/A
12. alcohol (urine) 0.02% 0.02%
D. The remainder of the positive urine specimen(s) shall be retained frozen by the
laboratory for one (1) year.
S,a e Collection Procedure
IMAMR,
A. Employees who are sent to the City's medical facility for drug and/or alcohol
testing shall provide a urine specimen that will be split Into two bottles(samples
A and B) according to the following collection procedures:
1. The employee shall be given two urine containers to take into the urine
collection room, 1
2. The urine collection room shall contain a toilet and a sink. The toilet water is
dyed blue and the hot water to the room is shut off by a control handle
located outside of the room.
3. The employee shall leave his/her belongings in a locked room during the
sample collection procedure.
4. The employee shall be allowed to dress in civilian clothing when providing the
samples.
5. The employee, upon providing the urine samples, will hand the samples to
the collector.
6. The collector will test the temperature of the samples to ensure they are
between 90 and 100" Fahrenheit.
7. The collector will split the sample into two containers with a lid and tape, in
view of the employee and that employee will then initial and date the
- 17 -
Anre
samples. One sample shall be marked "Sample'lXg n r ecoond marked
"Sample B."
B. The samples will then be placed into a plastic bag that is then sealed until it
reaches the laboratory.
9. The collector will ask the employee to list any medications they are currently
taking.
EDUCATION
The City will make adequate provisions for the education of its employees
concerning the nature of and reasons for this Policy and the procedures established by
the Policy. The City will make the possible disciplinary consequences of violation of this
Policy known to all employees. The City will also distribute information to the
employees which clearly explains the dangers and symptoms of substance abuse and
the various techniques and alternatives available to deal with substance abuse.
Communication shall remain open regarding these subjects.
Sainais Clause
If any provision of this Policy is found to be unlawful, the remaining provisions
which are not found to be unlawful will remain in full force and effect.
Er^n lovee Acknowledgemen
I have read the City of EI Segundo's Substance Abuse Policy, been provided with
a copy, and understand that I am subject to its provisions.
Date ... ,.,,..........�......... ......... .�_�.,,,,,,._.....__......___....ww�ww_-r._.....__...... ..a Employee's Signature
...... ............_..rw.....rw ..............w_—_.-.w............
Job . -.... _ .m.. - - - ... _..A...........
Title Employee's Name (Printed)
Date...._.... �_..._ ._._...,�.w.-,.....� ....
- 18-
Agreement No. 5442
DRUG-FREE WORKPLACE STATEMENT
July 25, 1994
1. PURPOSE
The Drug-Free Workplace Act of 1988, passed by Congress on October 21,
1988, requires all grant recipients to implement a comprehensive substance abuse
policy. Under the Workplace Act, to be eligible to obtain a federal grant, an employer
must certify to the granting agency that it will provide a drug-free workplace.
It is the intent of the City of EI Segundo to maintain a safe, healthful and
productive work environment for all employees. To accomplish this, the City will act to
eliminate any drug abuse which increases the potential for accidents, absenteeism,
below standard performance, poor employee morale or damage to the City's
reputation. Everyone covered by this statement should be aware that violations of this
policy may result in discipline, up to and including termination, a requirement that the
employee participate in a drug assistance or rehabilitation program, and/or in not being
hired.
Because it is widely recognized that drugs hinder one's ability to perform work
safely, productively and effectively, the following statement is hereby adopted by the
City of EI Segundo.
2. STATEMENT
The City of El Segundo prohibits the unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance, alcohol or other
drug that the employee knows or reasonably should know could interfere with
the safe and effective performance of duties or operation of City egdipment in
the workplace.
3. ACTIONS THAT WILL BE TAKEN AGAINST EMPLOYEES FOR VIOLATION
OF THE PROHIBITIONS IN PARAGRAPH 2 ABOVE
_ 19-
A
grgernerit,Np. 5442
In accord with the Substance Abuse Policy that accomp � te,s ana is incorporated
by reference in this Statement, the City recognizes that aid through an Employee
Assistance Program or rehabilitation program, rather than disciplinary action, or a
combination of discipline and participation in an EAP or Rehabilitation program, may
be appropriate in responding to employees who have violated either or both this
Statement or the Substance Abuse Policy. Reference should be made by the
employee to the Substance Abuse Policy, in order to be fully apprised of the range of
options that may be utilized by the City in responding to violations of the Statement
and/or Substance Abuse Policy. Of course, the City may determine that discipline
alone is the appropriate manner by which to address violations of the Statement and/or
Policy.
4. CONDITION OF EMPLOYMENT
As a condition of employment, all employees will:
a) abide by the terms of this statement; and
b) notify the Human Resources Director or his/her designee of any drug
related criminal statute conviction for a violation occurring in the workplace no
later than five (5) days after the conviction, "Safety Sensitive" employees, as
defined herein, shall also advise of a drug related arrest within said timeframe.
(See Substance Abuse Policy for definition of terms used herein.)
5. ACKNOWLEDGEMENT
I have read the City of El Segundo's Drug-Free Workplace Statement, have been
provided with a copy, and understand that I am subject to its provisions.
DateEmployee's Sig natu r 9
.............-
Job Title Employee's Name (Printed)
Date
- 20-
Agreement No. 5442
Exhibit A
City of El Segundo
Pre-Employment drug Testing
1.) Police Officer
2.) Firefighter/Paramedic
3.) Dispatcher
Supervising Dispatcher
4.) Job classifications with a requirement for a Class B or Class A Drivers License:
• Street Maintenance Leadworker
Street Maintenance Worker II
• Water Maintenance Worker II
• Wastewater Maintenance Leadworker
• Wastewater Maintenance Worker II
• Equipment Mechanic II
• Fire Equipment Mechanic
• Tree Maintenance Worker
• Recreation Leader IV (Shuttle, van and Dial-a-Ride Drivers)
5.) Lifeguarding Personnel
6.) Police Service Officer
• Animal Control Assignment
• Jailer Assignment
• Court Liasion Assignment
7.) Crime Scene Investigators
8.) Police Assistants
9.) Police Records Supervisor
10.) Technical Service Analyst
11.) Police Chief and Fire Chief and laterals to Management Positions in both departments
-21 -
12.) Deputy Fire Chief Agreement No. 5442
13.) Recreation Coordinator(Aquatics)
Recreation Coordinator(Teen Center)
14.) Recreation Supervisor
15.) Environmental Safety Manager
16.) Principal Environmental Specialist
17.) Fire Marshal
Assistant Fire Marshal
18.) Facilities System Mechanic
19.) Facilities Maintenance Supervisor
20.) Building Inspector and Senior Building Inspector
21.) Fire Inspector
22.) Project Specialist
- 22-
Agreement No,M5442
REASONABLE SUSPICION S "' NO MECKLIST
The following is a listing of a observable behaviors that may be used prior to conducting a reasonable
suspicion test.
Behavioral Observation Checklist
Name of Observed Employee:
Name of Supervisor: ,w„wµ, ,, ---- Date:
Witness:
Check all those indicators or cues observed in the workplace:
Appearance: Behavior:
Glassy eyes Yes No _ Shirred speech Yes m___,w No_,,._
Blank stare Yes No Confused speech Yes Now
Bloodshot eyes Yes No Staggering Yes.- No
Flushed face Yes Nom Poor coordination Yes No
Alcohol smell Yes No Trcmors/shakes Yes No
Marijuana smell Yes No .
Altered appeamnce Yes No ._.... .
Mood: Vigilance/Performance:
Mood changes Yes No Confused Yes No
Isolating Yes , _ .....
_....... No..
Disoriented Yes No
................. .__._._._
Nervousness Yes No Drowsiness YesNo
Belligerent Yes No Sleeping Yes-No.
Aggressive Yes No _ �.
ggr . ..........
Hearing things Yes No
._._
-
Unusually quiet Yes No .........._._.._ Seeing things Yes.._ No..�._.
!lJnusual y tea atwv Yes ..� No , �. Blackouts Yes... ..., No.
i
Signature of Supervisor: ._ Date:
.................._ww......... I'
Signature of Employee: ... .... Date:
BDA Min 2W3 _..._....
i =
e
N
Agreement No. 5442
APPENDIX D
Federal Rules
011
Alcohol and, Other . . u
gsn
'orniation for . : . I folders
Agreement No. 5442
;:-i y Ell Segundo
Federal Rules on Alcohol and Other s:
Information for CDL Holders
lilt
The City of El Segundo, "City"., is committed to maintaining a safe and healthy
working environment. This commitment is based on the City's obligation to protect
the health and safety of its customers and employees, and includes taking the
appropriate steps to maintain a workplace free from alcohol and other drug use.
The information contained in this document applies to employees who perform
safety-sensitive functions as defined by Federal regulation. In addition to this
document, safety-sensitive employees must comply with other City policies,
This document supersedes all previous policies, practices, or guidelines. 1.1._ s not an
c��rlployee contract and is not intended_as one. As with any City document, it may
be revised and is subject to modification at any time.
Cv _pli nce Statement
"City" supports and complies with the Drug Free Workplace Act of 1988 and the
Omnibus Transportation Employee Testing Act of 1991.
In addition to other prohibited conduct set forth in this document (below), employees
should especially note that
The unlawful manufacture,distribution,dispensation,possession,
concealment,use,sale,transfer,or purchase of a controlled substance on
City-owned or-controlled property,or in City-owned or-leased vehicles,
or on any property while"on the clock"or performing any City
business,is strictly prohibited. Such action will be reported to the
appropriate law enforcement officials.
Distribution
A copy of this document will be provided to all current safety-sensitive employees,
and will be given to each person subsequently hired for or transferred to a covered
position.
Written notice of the availability of this information will be provided to
representatives of employee organizations.
2
Agreement No. 5442
1. CONTACT PERSON KNOWLEDGEABLE OF THE PROGRAM:
Name: Bob Hyland
Interim Director of Human Resources
350 Main Street
El Segundo, CA 90245
310.524.2336
Laboratory: Quest Diagnostics
7600 Tyrone Ave.
Van Nuys, CA 91405
(800) 877-2520
Medical Review Officer (MRO):
Eleanor Gilbert, M.D.
1430 Main Street
Salt Lake City, UT 84115
888.249.4575
2. COVERED EMPLOYEES:
• All City employees who hold a commercial driver's license (CDL) and who
drive a commercial motor vehicle (CMV) as part of their assigned duties,
whether regularly or on an as-needed basis shall be subject to the provisions
of the Federal Motor Carrier Safety Administration (FMCSA)regulations and
City policies included in this document.Firefighters are exempt from these
regulations.
• A CMV is a motor vehicle used to transport passengers or property that:
a. has a gross combination weight rating (GVWR) of 26,001 or more
pounds inclusive of a towed unit with a GVWR of more than 10,000
pounds;
b. has a gross vehicle weight rating of 26,001 or more pounds;
c. is designed to transport 16 or more people, including the driver; or
d. is of any size and is used in the transportation of materials found to be
hazardous for the purposes of the Hazardous Materials Transportation Act
and which require that the vehicle be placarded under the Hazardous
Materials regulations.
3. FUNCTIONS AND PERIOD OF THE WORK DAY COVERED BY THE
3
Agreement No. 5442
PROGRAM:
Safety-sensitive functions performed by drivers include:
a. all time at an employer or shipper,plant, terminal,facility, or other
property,or on any public property, waiting to be dispatched,unless the
driver has been relieved from duty by the employer;
b. all time spent inspecting equipment as required by FMCSA regulation, or
otherwise inspecting, servicing, or conditioning any CMV at any time;
c. all time spent at the driving controls of a CMV in operation;
d. all time, other than driving time, in or upon any CMV, except time spent
resting in a sleeper berth;
e. all time loading or unloading a CMV, supervising or assisting in the
loading or unloading, tending a vehicle being loaded or unloaded,
remaining in readiness to operate the vehicle, or in giving or receiving
receipts for shipments loaded or unloaded-, and
f. all time repairing, obtaining assistance, or remaining in attendance upon a
disabled vehicle. i
For purposes of the substance abuse regulations, a driver is considered to be
performing a safety-sensitive function during any period in which the driver is
actually performing,ready to perform,or immediately available to perform
any safety-sensitive function.
0 For example, an employee holds a CDL and is on call to drive a CMV at
any time during his or her work day. Even though these functions might
not be performed during his or her regular work day, he or she would be
subject to testing the entire work day because he or she is immediately
available to perform the functions of a driver.
© Employees will only be tested for alcohol while they are at a work site.
4. PROHIBITED CONDUCT UNDER THE FMCSA REGULATIONS:
4
Agreement No. 5442
DRUG USE
Any unlawful use of a controlled substance (i.e., use without a valid medical
explanation) is prohibited,
• Although the FMCSA only requires, and audiorizes testing for I I ive drug
classes (rnari�juana,coc,,,iine, amphetainines, opiates, and phencyclidinO, an
eniployee gAr–iti—ot perform a safety-sensitive function if(lie employee has used
any Schedule I controlled substarice or other substance that renders the driver
incapable of safely operating the vehicle.
ALCOHOL ANDALCO1101, USE,
Definitions
• Alcohol is the intoxicating agent in beverage alcohol, ethyl alcohol, or other
low molecular weight alcohols, including methyl or isopropyl alcohol.
Alcohol use is the consumption of any beverage, mixture, or preparation,
hIC.ludills! ativ (prescribed or over-the-counter, intentional or
unintentional), containing alcohol.
A. Alcohol Possessiou
• Covered employees may not possess any alcoholic beverage while on duty,
except alcoholic beverages that are manifested and transported as part of a
shipment.
B. Alco u I
Covered employees may not report for duty or remain on duty in a position
requiring the performance of safety-sensitive functions while having an
alcohol concentration of 0.04 or greater.
• FMCSA regulations also provide that an employee who has an alcohol
concentration of`0.0,E or greater but less than 0.04 cannot be permitted to
perforni, safety-sensitive functions. It will therefore be a violation of City
policy for any covered employee to report for duty or remain on duty
with an alcohol concentration of O.OZ or greater.
C. LIrs-4hitylse,
5
Agreement No. 5442
Employees may not perform safety-sensitive duties within 4 hours after
consuming alcohol.
On-call employees who are not at work, but could be called to perform safety-
sensitive functions, are subject to the pre-duty alcohol prohibition (i.e., they
would have to decline a call to work if acceptance would result in performing
safety-sensitive duties within the 4 hours).
Dl torr-Duty lJs1r
Covered employees may not consume alcohol in any form while performing
safety-sensitive functions.
This prohibition also applies to covered employees who are at work and
immediately available to perform safety-sensitive functions.
E. Vse After~an Aceiderrt
No covered employee required to take a post-accident test under FMCSA
regulations shall use alcohol for 8 hours after the accident or until he or she
has been given a post-accident test, whichever occurs first. (For employees
required to undergo testing, see Post-Accident Testing, below.)
Al, ,Pa„X„LPSAL l O kS1,.11.1Ml"l"`l'tlw.._`l"ES°l`l,V,,
Covered employees may not refuse to submit to a required drug or alcohol
test. The City will not permit an employee who refuses to submit to such a
test to perform or continue to perform safety-sensitive functions.
Refusal to submit to testing means that the employee;
331 failed to provide adequate breath for alcohol testing or urine for drug
testing after receiving notice of the requirement to be tested without a
valid medical explanation for the failure, OR
V engaged in conduct that clearly obstructs the testing process (including,
but not limited to, specimen adulteration or substitution, spitting in a
breath tube, refusing to sign block 2 on the breath alcohol testing form,
etc.)
Refusal to submit to a pre-employment or return to duty test is not a violation
of the FMCSA rule, but such a refusal will preclude the individual from
performing safety-sensitive functions for a regulated employer.
S. CIRCUMSTANCES THAT REQUIRE TESTING:
6
Agreement No. 5442
Covered employees are subject to the following federally-mandated drug and alcohol
tests:
A. ZN'° �wttr �lpyl
• Pre-employment drug testing is required before an employee performs a
safety-sensitive function for the first time.
• The City must obtain a verified negative test result from the medical review
officer before permitting the employee to perform any safety-sensitive duties.
S. Post-Accident
As soon as practicable after an accident, each surviving covered employee
must undergo drug and alcohol testing if the accident was determined by the
City to meet the following conditions:
3D The occurrence involved a CMV operated on a public road in commerce
AND the driver:
• was performing a safety-sensitive function with respect to the vehicle if
the accident involved a human fatality; OR
• received a citation under State or local law for a moving traffic violation
arising from the accident AND the accident involved:
19 bodily injury to any person who, as a result of the injury,
immediately receives treatment away from the scene of the
accident, OR
© disabling damage to one or more motor vehicles incurred as a
result of the accident, requiring the motor vehicle to be
transported away from the scene by a tow truck or other motor
vehicle.
A covered employee who is subject to post-accident testing will remain
readily available for testing or may be deemed by the City to have refused to
submit to testing.
• Attempts to conduct post-accident drug testing will cease 32 hours after the
accident, even if no drug test has been conducted.
Attempts to conduct post-accident alcohol testing will cease 8 hours after the
accident, even if no alcohol test has been conducted.
C. Random
7
Agreement No. 5442
• Covered employees will be selected for random drug and alcohol testing
using a computer-based random selection program.
• Covered employees shall be subject to random drug and alcohol testing at
rates not less than the minimum(s) required by regulation. Currently, the
number of alcohol tests required each year is 10% of the number of covered
employees. The number of required drug tests is 50% of the number of
covered employees.
• Random tests will be spaced throughout the year and will be unannounced.
• Random testing may be conducted any time during any work shift, and may
be conducted on any work day during the year.
• An employee might be selected more than once or not at all in any given
year.
• Random alcohol tests will be conducted while the employee is performing
safety-sensitive functions,just before the employee is to perform safety-
sensitive functions, or just after the employee has ceased performing safety-
sensitive functions.
• Employees notified of selection for random testing must proceed i;xi;�. ii,eda;;Mg._ely
to the testing site. Failure to immediately report for testing may be
considered by the City to be a refusal to submit to testing.
D.
A covered employee must submit to a drug and/or alcohol test if the City has
determined that reasonable suspicion exists that the employee has violated
the drug use and/or alcohol misuse prohibitions.
This determination must be based on a trained supervisor's specific,
contemporaneous, articulable observations concerning the appearance,
behavior, speech or body odors of the employee. The observations regarding
alcohol misuse must be made just before, during, or just after the employee's
performance of safety-sensitive duties.
• Even if an alcohol test cannot be administered, no employee who is under the
influence of or impaired by alcohol, as shown by physical, behavioral,
speech, or performance indicators of alcohol misuse, should report for duty or
remain on duty requiring the performance of safety-sensitive functions, nor
will the City permit such an employee to report for or remain on duty, until a
test can be administered and the result is below 0.02 or until the
commencement of the employee's next duty period if at least 24 hours has
elapsed.
8
Agreement No. 5442
• Nothing in this section should be construed as limiting the City's ability,
based on the City's independent authority, to take action against or impose
other requirements on employees suspected of drug and/or alcohol use or
misuse.
NOTE: In addition to testing required by FMCSA,employees may be
subject to drug and/or alcohol testing under City policy for suspected
substance abuse. Such testing will be accomplished based on criteria
established by the City, and may include testing under circumstances other
than those set forth in FMCSA's regulation.
E. Return ti`t..IDKaty
Before a covered employee returns to duty in a safety-sensitive function after
engaging in prohibited conduct, he or she must undergo a return to duty test.
The employee cannot perform a safety-sensitive function until an alcohol test
result indicating an alcohol concentration of less than 0.02 and/or a verified
negative drug test is obtained.
An employee may be required to undergo both drug and alcohol return to
duty testing after a violation (whether drug- or alcohol-related) if the
substance abuse professional (SAP) determines that testing for both is
necessary for that particular employee.
Follow-U11-
DOT regulations require employees who have tested positive to be referred to a
Substance Abuse Professional (SAP)for evaluation and recommended treatment
including follow up testing and removed from the DOT covered safety sensitive
position. Any employee who has a positive test may result in discipline up to and
including termination.
Each covered employee, who has been identified by a SAP as needing
assistance in resolving a problem with drug use or alcohol misuse and who
has returned to duty performing a safety-sensitive function, will be subject to
follow-up testing.
Follow-up tests will be unannounced and at least 6 tests must be conducted in
the first 12 months after the employee is back on the job. Follow-up testing
may continue for up to 60 months.
The schedule for follow-up drug and/or alcohol testing is established by a
SAP.
9
Agreement No. 5442
An employee may be required to undergo both drug and alcohol follow-up
testing after a violation (whether drug- or alcohol-related) if the SAP
determines that testing for both is necessary for that particular employee.
10
Agreement No. 5442
6. PROCEDURES FOR DRUG AND ALCOHOL TESTING
A.
i. Collection
• All drug testing is conducted by analysis of a urine specimen. The specimen
collection process is designed to protect employee privacy and individual
dignity. Each urine specimen collected will be subdivided into two portions
(called"primary" and"split"; see below for more on split specimens).
Professional collectors are used to collect the specimens, and all specimens
are sent to a laboratory certified by the Department of Health and Human
Services. The collector must verify the donor's identification, and can be
required to provide his/her identification to the donor on request.
• Chain of custody is maintained on the specimen from the time of collection
throughout the analysis to ensure that the results are attributed to the correct
employee and that the specimen is properly handled.
w NOTE: If the employee cannot provide sufficient urine for testing, he or she
must undergo a medical examination to determine if there is a medical
condition that caused the inability to provide a specimen or if the employee
refused to submit to testing.
ii. Specimen Analysis
• Each specimen is screened by the laboratory. If the screening test does not
indicate that drug(s) might be present at or above the cut-off level established
by the Department of Transportation (DOT), the specimen is reported as
negative to the Medical Review Officer(MRO).
• If the screening test indicated drug(s) might be present, the specimen
undergoes confirmatory testing using gas chromatography/mass
spectrometry. Only if the GC/MS test indicates that the specimen is positive
at or above the DOT drug cut-off levels is the result reported as a confirmed
positive to the MRO.
iii. Medical Review Officer
• The MRO is a licensed physician who is responsible for receiving laboratory
results . The MRO has knowledge of substance abuse disorders and
appropriate training to interpret and evaluate a confirmed positive test result.
II
Agreement No. 5442
• Negative laboratory test results are reviewed by the MRO or staff for
administrative purposes (to ensure the documents are complete and accurate),
and subsequently reported to the City as verified negative test results.
• A test result confirmed as positive by the laboratory does not automatically
identify the employee as an illegal drug user. The MRO review is intended to
determine if there is an alternate legitimate medical explanation for the test
result.
• The MRO evaluation can include conducting a medical interview with the
specimen donor, review of the donor's medical history and other biomedical
factors, and review of records made available to the MRO by the donor.
• The MRO or his/her staff must contact the donor to obtain any relevant
medical information. When necessary, the City will assist in contacting the
donor. In most cases, the MRO must talk directly to the donor before
verifying a positive test; however, there are some circumstances under which
the test can be verified as positive without such contact. These are:
3B The donor declines to talk to the MRO about the test;
V Neither the MRO nor the City, after making all reasonable efforts, has
been able to contact the employee within 14 days of the date on which the
MRO received the confirmed positive test result from the laboratory;
a9 The City contacted the donor and more than 5 days has passed since the
donor was told to contact the MRO;
a NOTE: If a test is verified positive without contact under the latter 2
circumstances, the donor may present to the MRO information documenting
that serious illness, injury, or other circumstances unavoidably prevented the
employee from being contacted by the MRO or designated employer
representative or from contacting the MRO within the times provided.
• Once the MRO completes the verification process, the result is reported to the
City. A test for which no medical explanation was provided will be reported
as verified positive. If the donor presented an acceptable explanation for the
result, it will be reported as verified negative to the City.
• Under limited circumstances, and only after appropriate warnings have been
given by the MRO to the donor, the MRO may reveal other medical
information about the donor if the MRO feels that safety might be affected by
the donor's condition or drug use.
iv. Split Specimen Analysis
• At the time the MRO tells the donor that the specimen has been confirmed as
positive by the laboratory, the MRO will also advise the donor of the right to
12
Agreement No. 5442
obtain an analysis of the split specimen at a second laboratory that has been
designated by the City.
• The donor has until 72 hours after the donor has been advised that the MRO
has verified the test as positive to compel the analysis of the split specimen.
• The City will be responsible for the costs of collecting the split specimen and
for analysis of the primary specimen and the split specimen.
• If the split specimen is inadequate or unsuitable for testing, unavailable, or if
it fails to reconfirm the presence of the drug at the level of detection, the
entire test will be canceled.
Alec oliol"I estim
i. Breath Analysis
• All testing is conducted using evidential breath testing devices (EBTs)
operated by trained breath alcohol technicians (BATs).
• The BAT must verify the identification of each employee and must provide
positive identification to the employee on request. The BAT will also explain
the testing process to the employee.
• Each test will begin with a screening test. If the result is below 0.02, the test
result is negative and testing is complete. if the test result is 0.02 or greater, a
confirmation test must be conducted.
• The confirmation test must be conducted after a 15 minute wait(starting from
the time of the screening test) during which the employee is watched and
instructed not to eat, drink, put anything in his or her mouth, or, to the extent
possible, belch. Testing will be conducted even if the employee'ignores this
instruction, however.
• The confirmation test result determines the consequences of the test under the
FMCSA regulation.
ii. Invalid Tests
• By regulation, a breath alcohol test is invalid under the following
circumstances:
The EBT does not pass its next external calibration check (this invalidates
all test results of 0.02 or greater on tests conducted since the last valid
external calibration test; it does not invalidate negative tests).
JM The BAT does not observe the minimum 15-minute waiting period prior
to the confirmation test.
13
Agreement No. 5442
IM The BAT does not perform an air blank of the EBT before a confirmation
test, or such an air blank does not result in a reading of 0.00.
* The BAT does not sign the form.
M The BAT fails to note in the "Remarks" section of the form that the
employee has failed or refused to sign the form after the test has been
conducted.
V An EBT fails to print a confirmation test result.
zV The sequential test number or alcohol concentration displayed on the
EBT is not the same as the sequential test number or alcohol
concentration on the printed result.
NOTE: If the employee cannot provide adequate breath, he or she must
undergo a medical examination to determine if there is a medical condition
that caused the inability to provide breath or if the employee refused to
submit to testing.
7. SUBSTANCE ABUSE PROGRAM RECORDS
Employee records pertaining to the FMCSA-mandated substance abuse
prevention program, including those pertaining to drug and alcohol testing,
will be maintained in a secure location with controlled access.
• Records will be promptly released to the employee, or a person identified by
the employee (including subsequent employers), upon written request of the
employee. This release of information will not be contingent upon payment
for records other than those specifically requested.
• These records will be released to the Secretary of Transportation upon
request of DOT or FMCSA, and to the National Transportation Safety Board
when requested as part of an accident investigation.
• These records will be released to the employee or a decision maker in a
lawsuit, grievance, or other proceeding initiated by or on behalf of the
individual and arising out of a determination that the employee engaged in
prohibited conduct.
14
Agreement No. 5442
8. CONSEQUENCES FOR VIOLATING THE FMCSA RULES:
1 "rtatsv: li IN a;xa � S1Nty7Ng:MMi1iVC.fell 1�.;ti�a;�nU
Covered employees are prohibited from performing safety-sensitive functions if
they have engaged in prohibited conduct under the FMCSA rule or another DOT
agency's substance abuse prevention rule (including refusal to submit to random,
reasonable suspicion, post-accident, or follow-up testing). Employees with a
confirmed positive drug or alcohol test or who refuse to test will be subject to
discipline up to and including termination.
Inf"ocwmatio:n....Iteg,ardina Assislance
• Each employee who has engaged in prohibited drug or alcohol use or has
refused to submit to a required test shall be advised of the resources available
for evaluating and assisting the employee in resolving problems associated
with drug or alcohol use.
• This information will include the names, addresses, and telephone numbers
of substance abuse professionals and counseling and treatment programs.
The following sources can also offer assistance:
• Community mental health centers
• Family service agencies
• Private physicians and therapists
• Local hospitals
• Specialized treatment centers for alcoholism and other drug use
Telephone hotlines, including:
m 1-800-ALCOHOL A referral hotline for persons with alcohol problems
rJ 1-800-COCAINE A referral hotline for persons using cocaine
1-800-662-HELP A national hotline referral service, Center for
Substance Abuse Treatment, Dept. of Health and Human Services
v 1-800-344-2666 Al-Anon, for family and friends of alcoholics
us 1-800-766-6779 Marijuana Anonymous referral hotline
uz 1-818-773-9999 Narcotics Anonymous referral hotline (not toll-free)
w 1-212-870-3400 Alcoholics Anonymous World Headquarters (not toll-
free)
15
Agreement No. 5442
, lgit-ed Evaluations and..°.r."em"+:l::i'..f g
DOT regulations require employees who have tested positive for alcohol or
drugs or refused to test to be referred to a SAP for evaluation and
recommended treatment including follow up testing. Before an employee can
return to performing safety sensitive duties for another employer, they must
complete the provisions of this section. It is the employee's responsibility to
complete these requirements and if not completed may result in discipline up
to and including termination.
No covered employee who has had a verified positive drug test, has violated
the rules on alcohol misuse, or has refused to submit to testing can perform
any safety-sensitive function unless and until that employee has:
1. Been evaluated by a SAP to determine whether the employee is in need of
assistance in resolving problems related to alcohol use.
2. Completed any treatment recommended by the SAP;
3. Been evaluated by a SAP to ensure that the employee has properly
followed the treatment program; and
4. Undergone required return to duty testing.
The SAP must be a licensed physician (medical doctor or doctor of
osteopathy) or licensed or certified psychologist, social worker, employee
assistance professional, or addiction counselor (certified by the ICRC or
NAADACC) with knowledge of and clinical experience in the diagnosis and
treatment of disorders related to alcohol and drug use and abuse.
9. CONSEQUENCE FOR HAVING AN ALCOHOL CONCENTRATION OF
0.02 OR GREATER BUT LESS THAN 0.04
If a covered employee is found to have an alcohol concentration of 0.02 or
greater but less than 0.04, that employee will be immediately removed from
performing safety-sensitive functions and may result in discipline up to and
including termination.
16
Agreement No. 5442
CERTIFICATE OF RECEIPT
L the undersigned employee,certify that I have received a copy of policy material on
the misuse of alcohol and use of controlled substances as required by the Federal
Motor Carrier Safety Administration (49 CFR 382.601(d)).
Employee's printed name Date
Employee's signature
17
Agreement No.REASONABLE
CHECKLIST
The following is a listing of a observable behaviors that may be used prior to conducting a reasonable
suspicion test.
Behavioral e t Checklist
Name of Observed Employee:
Name of Supervisor: Date:
Witness:
Check all those indicators or cues observed in the workplace:
i-
Appearance: Behavior:
B
Glassy eyes Yes No Slurred speech Yes No
Blank stare Yes _ No Confused speech Yes No
Bloodshot eyes Yes No Staggering Yes No
Flushed face Yes _ _ No Poor coordination Yes No
Alcohol smell Yes No Tremors/shakes Yes No
Marijuana smell Yes
No
Altered appearance Yes No
3=
Mood: Vigilance/Performance:
Mood changes Yes No Confused Yes No
Isolating Yes No Disoriented Yes No
Nervousness Yes No Drowsiness Yes No
I Belligerent Yes No Sleeping Yes No
Aggressive Yes No Hearing things Yes No
Unusually quiet Yes No Seeing things Yes No
Unusually talkative Yes No Blackouts Yes No
is
Signature of Supervisor; Date;
Signature of Employee: Date:
BDA Ilan 2003
i
1
Y .
i
|
' INCIDENT/PERFORMANCE REPORT
The following isonexample oyan incident/performance report. Use this report to record
any incidents, workplace performance orworkplace behavior problems. In situations where
the circumstances are severe enough towarrant apost-accident orfor-cause drug test this
�
document must hccompleted within 24hours ofthe time the incident occurred and the
|
.
testing was initiated,
[
|
Employee's name Date ofincident
|
|
Time ofincident _ Location ofIncident
Describe the incident in detail
| - ---- -- - - '-'------- ' —'
|
- -- ----
|
(if additional space is needed please use the back of this page and check here. yes )
i'
Please list all witnesses mthe behavior nrincident:
!'
/|
| - -
/
|
|
|
|
Did you discuss the incident/or behavior with the employee? Yes No
|
Remarks:
| --
,
|
/
Signature ofSupervisor Date
'
|
�
Signature ofEmployee
_______ _ Date
.
Signature oyWitness Date
BDA Jon 2003
/
19
AApnffl t No. 5442
City of EI Segundo
CATASTROPHIC LEAVE BANK POLICY
Effective: July 1996(rev.2009)
The Catastrophic Leave Bank Policy was negotiated in 1995 between the City,General Employees'Association,
Police Officers'Association,and Supervisory and Professional Employees'Association. The purpose of the
policy is to allow city employees the voluntary option of donating a portion oftheir accumulated leave time into
a Catastrophic Sick Leave Bank Bank leave hours will be used for the sole purpose of assisting permanent,
full-time and part-time enWloyees incapacitated due to a catastrophic illness or injury and still require paid
leave time after exhausting all their other accumulated leaves.Employees eligible for State Disability Insurance
(SDI) may use catastrophic leave hours to supplement to their SDI benefits, but are prohibited from using
catastrophic leave hours in lieu ofSDl. The intent of thispolicy is to provide eligible city employees a form of
"long-term disability coverage"while they undergo treatment and/or convalescence.
I, Definition of a Catastrophic Illness or IniMM.
A catastrophic illness or injury is a chronic or long-term health condition that is incurable,
or so serious that, if not treated, would likely result in a long period of incapacity.
II. Elioible Emolovees for Donation and Prouram Usage.
A. Any permanent full-time or part-time city employee may donate to, or make
requests for use of leave bank hours. Employees donating accumulated leave time
must retain a minimum of 100 leave hours AFTER their donation has been made
AND must complete a Catasrtroohic Leave Dine Donation ReQuest Form prior to
donating any accumulated leave time. Employees, or their designated
representative, requesting use of the Leave Bank must complete a Reauest to
R'e'ceive' Catta troDhic Leave Time Form as soon as possible, prior to, or within a
reasonable time frame after a catastrophic illness or injury. Completed forms must
be submitted to the Director of Finance or his/her designee.
B. Forms are available from the Human Resources Department. The Human
Resources Department will maintain all Catastrophic Leave Policy materials.
C. Employees eligible for State Disability Insurance (SDI) may use leave hours as a
supplement to their SDI benefits in order to receive full pay while incapacitated.
Catastrophic Leave Hours may not be used in lieu of SDI benefits and are not
intended to replace SDI benefits, or any other established Long-Term or Short-
Term Disability Insurance (LTD/STD). Employees receiving SDI benefits will be
required to provide a copy of their SDI application and first SDI check to the
Catastrophic Leave Committee, along with their"Request to Receive Catastrophic
Leave Time" form.
Page 1
Agreement No. 5442
Pollev Procedtires:
A. ADMI N11 ST RATION-This bank will be administered by a joint employer/employee
committee composed of representatives from each participating, recognized
employee association, Should employee association representation be
unavailable, the bank will be administered by the Human Resources Department
and the Finance Department management staff.The Catastrophic Leave Bank cap
shall be the equivalent of two (2)years leave time.
B. DONATION REQUESTS-July 1 of each calendar year, eligible employees may
transfer accrued sick leave, vacation or compensatory leave time for donation to
an employee, or employees experiencing catastrophic illness/injury and have who
exhausted all other personal leaves. Donated time can on1v be made'in increments
of four (4) hours. Transfer requests must be made by the payroll period prior to
July 1. Should recipient employees not use all their allocated donated time, any
balance will remain in the bank for future utilizations.
C. Transfer requests will be reviewed by the Catastrophic Leave Committee for
approval and for verification that the donating employee maintains the required
minimum 100 leave hours after his or her donation.
D. Donations of accumulated time are irrevocable.
Page 2
Agreement No. 5442
City of EI Segundo
REQUEST TO RECEIVE CATASTROPHIC LEAVE TIME
This form is to be completed by eligible city employees who are incapacitated due to a
catastrophic illness or injury, and wish to receive additional leave time in accordance
with the Catastrophic Leave Policy. Utilization of the Catastrophic Leave Bank Is
predicated on the requesting employee exhausting all of his/her accumulated leave
balances, and being in need of additional leave time, due to his/her Incapacitation. The
purpose of this form is to obtain sufficient information for review and determination by
the Catastrophic Leave Policy Committee. The purpose of this form is NOT to be
Intrusive into the personal/private issues of the requesting employee.All information is
considered confidential, and will be retained by the Human Resources Department.
Name: Date:
Position: ...... _, Department:
Employment Status:
Permanent Full-Time Permanent Part-Time
I. Please describe why you are requesting use of the Catastrophic Leave Bank,
including specific information as to the nature of your catastrophic/IlnessAinjury
(NOTE: Verification of illnessUnjury by a medical professionalmay be required by tho Catastrophic Leave
Committee).
II. How much donated leave time do you estimate you may need?
Ill. Are you eligible for, or are you currently receiving, State Disability Insurance (SDI)?
If"yes,"give estimation of leave hours you need to supplement your SDI benefits.
Agreement No. 5442
agree to allow this information to be released to
those employees involved in the administration of the Catastrophic Leave Policy. While
this information is considered private, I acknowledge and accept without condition that
the information provided is not guaranteed absolute confidentiality.
Sign 'i 6"rei�6 f A" equesting Employee I 11. ---.............. Date ......
2
Agrg"g,�R.F 442
CITY OF EL SEGUNDO
INJURY AND ILLNESS PREVENTION PROGRAM
TABLE OF CONTENTS
SECTION DESCRIPTION
INTRODUCTION Program Goals and Responsibilities of Managers,
Supervisors and Employees
1 System for Ensuring Employee Compliance
2 System for Communicating with Employees and
Description of Health and Safety Committee
Responsibilities
3 System for Identifying/Evaluating Hazards
4 Injury/Illness Investigation Procedures
5 System for Correcting Unsafe Work Conditions
8 Training and Instruction Procedures
7 Emergencies
ATTACHMENT#1 Digest of Senate Bill 198 and Related Regulations
Agreement No. 5442
CITY OF EL SEGUNDO
INJURY AND ILLNESS PREVENTION PROGRAM,
The City of EI Segundo is firmly committed to maintaining a safe and healthful working environment. To
achieve this goal, the City has implemented a comprehensive Injury and Illness Prevention Program. This
program is maintained in the Human Resources Division,Administrative Services Department and is available
for your review.
The Injury and Illness Prevention Program herein has been adopted and implemented in compliance with
California Labor Code Section 6401.7(SB198)and General Industry Safety Order Section 3203. The person
responsible for implementing the program is Bret Plumlee,Directorof Administrative Services,Administrative
Services Department. The person named herein shall have authority and responsibility for implementation of
the program including general direction of employee and supervisor training programs and communication;
monitoring and enforcement of employee compliance;evaluation and investigation of accidents and hazards;
conducting and/or monitoring scheduled and periodic inspections;developing methods for abating work place
hazards; and insuring that work place hazards are abated in a timely and effective manner. Certain
corresponding duties herein may be conducted by other members of management or employees at the
direction, and under the supervision of the responsible person above:
MANAGERS
Managers have the responsibility to enforce safety rules. In effectively executing their safety responsibilities,
managers will:
1. Familiarize themselves with the safety program and ensure its effective implementation.
2. Be aware of all safety considerations when introducing a new process,procedure,machine or
material to the work place and to provide timely notice of such action to the Human
Resources Division.
3. Give maximum support to all programs and committees whose function is to promote safety
and health.
4. Actively participate in safety committees as required.
5. Review all accidents that involve injury as well as"near misses," They must also ensure that
proper reports are completed and appropriate action is taken to prevent repetition.
6. Encourage employees to report work place hazards, emphasizing that it may be done with
no fear of reprisal, and that it is a basic requirement of the job.
SUPERVISORS
Supervisors are the foundation of the safety program. Their responsibilities will be to:
1. Familiarize themselves with City and department safety policies, programs and procedures.
2. Provide and document complete safety training to employees prior to the assignment of
duties.
3, Consistently and fairly enforce and follow all City and Department safety rules.
4. Investigate all accidents that cause injury(as well as"near misses")to determine cause,then
take action to prevent repetition.
5. See that all injuries,no matter how minor are treated immediately and referred to the Human
Resources Division,Administrative Services Department.
6. Routinely and on a scheduled basis inspect work areas to detect unsafe conditions and work
practices. Utilize City and Department self-inspection checklists as required for
documentation.
2
Agreement No. 5442
7. Encourage employees to report work place hazards,emphasizing that it may be done with
no fear of reprisal, and that it is a basic requirement of the job.
EMPLOYEES
Employee responsibilities for safety will include the following:
1. Adhere to all City and Department rules and regulations.
2. Wear appropriate safety equipment required as a condition of employment.
3. Maintain equipment in good condition,with all safety guards in place when in operation,
4. Report all injuries, no matter how minor, immediately to a supervisor.
5. Encourage co-workers,to work safely.
6. Report unsafe acts,work practices,and conditions following the procedures outlined in Part
2 of this Injury and Illness Prevention Program.
All employees of the City are responsible for working safely and maintaining a safe and healthful work
environment. Such responsibility includes keeping work areas neat and clean to reduce the chances of
accidents and injuries. Each employee is responsible for keeping his or her work area neat and orderly. Good
housekeeping is an integral part of any effective safety program. Keeping work areas neat and clean reduces
the chance of accidents and injuries. Well-organized work areas also increase the ability of employees to
perform their jobs efficiently. Housekeeping inspections will be conducted in each department on a regular
basis.
PART 1: SYSTEM FOR ENSURING EMPLOYEE COMPLIANCE
At the time of initial employment and at other periodic intervals,employees are notified through the employer's
safety handbook and other written communications,verbally and by various other methods that compliance
with established and/or common sense safe and healthy work practices,whether written or unwritten, is a
mandatory condition of employment. Employees who fail to adhere to job safety standards (including
attending alli required:,training)are subject to disciplinary action,including,but not limited to,verbal reprimands,
written warnings,suspension,and discharge. Furthermore,no single disciplinary action shall set a precedent
for any other disciplinary action relating to a safety or health violation that may be perceived to be of a like or
similar nature,
From time-to4ime,employees may be recognized for their compliance with safety and health standards and/or
continuation of work without injury or incident by means of special notice or award.
PART 2: SYSTEM FOR COMMUNICATING WITH EMPLOYEES
At the time of initial and at other intervals, employees are notified verbally, through the employer's safety
handbook and other written communications, and/or by various other methods of applicable safe work
practices and working conditions, and that all employees have the right and obligation to report any work-
related injury or unsafe condition or hazard without fear of reprisal or threat of job security. Such information
may be submitted using a standard form or otherwise in writing (signed or anonymous), or verbally to the
employee's supervisor or any other member of management, or directly to the appropriate federal,state, or
local governmental agency.
The City Safety and Health Committee will be representative of all City departments and will be made up of
management, supervisors and/or rank and file employees. The Committee will:
1. Meet regularly, but not less than quarterly;
2. Prepare and make available to the affected employees, written records of the safety and
health issues discussed at the Committee meetings and maintained for review for Cal-
OSHA upon request;
3. Review results of the periodic, scheduled worksite inspections;
3
Agreement No. 5442
4. Review investigations of occupational accidents and causes of incidents resulting in
occupational injury, occupational illness,or exposure to hazardous substances and,where
appropriate, submit suggestions to management for the prevention of future incidents;
5. Review investigations of alleged hazardous conditions brought to the attention of any
Committee member. When determined necessary by the Committee, the Committee may
conduct its own inspection and investigation to assist in remedial solutions;
6. Submit recommendations to assist in the evaluation of employee safety suggestions; and
7. Upon request from CaL-OSHA verifies abatement action taken by the employer to abate
citations issued by CaL-OSHA; and
8. Develop methods, procedures and incentives designed to recognize employees who follow
safe and healthful work practices.
PART 3: SYSTEM FOR IDENTIFYING/EVALUATING HAZARDS
Work place hazards are identified and evaluated through review of information concerning potential safety and
health hazards provided by state and federal occupational safety and health agencies, suppliers and
manufacturers of materials used in operations of the employer(MSDS),and manufacturers of equipment used
by the employer; analysis of the steps involved in the work process and the potential hazards associated
therewith; review of accidents,injuries,and illnesses(including"near misses:and which have occurred in the
work place; reviewing and responding to all health and safety complaints and suggestions from employees;
reviewing of applicable laws and regulation; and regularly scheduled and periodic inspections of the work
place. Inspections are conducted whenever new substances, processes, procedures, or equipment are
introduced that represent an occupational hazard; whenever the employer is made aware of a new or
previously unrecognized hazard,and at other frequencies determined by the level of hazard associated with
the site or process. In addition to scheduled inspections and ongoing review,the Director of Administrative
Services will arrange for u11sghcdmaMled and a cTIriounced surprise inspections. The list of subjects for these
inspections will be chosen randomly but with particular emphasis placed on previously identified hazardous
conditions in the work place and general housekeeping. Records of inspections, including the date of
inspection, identification of the area or process inspected, person conducting the inspection, findings of the
inspection, and required actions are retained for a minimum period of three years.
Individual records of training, including date of training,type of training,and training providers are retained in
the employee's personnel file for a minimum of three years except for shorter period as otherwise allowed by
law.
All managers, supervisors and employee should also engage in daily,ongoing monitoring and inspection of
their specific work areas.
PART 4: INJURY/ILLNESS INVESTIGATION PROCEDURES
Occupational injuries and illnesses are documented on a comprehensive report of accident and are
investigated by management to determine what tools,equipment,job site or building condition,etc,may have
caused or contributed to the incident;what action of the affected employee caused or contributed to the injury
or illness; and what action has been taken or will be taken to prevent recurrence. In cases where corrective
action is required,specific persons are assigned the responsibility of so doing and follow up is made to assure
that appropriate action has been completed. Standardized forms are used to organize and document the
investigation and completed actions. Copies of all forms are available in the Human Resources Division,
Administrative Services Department.
PART 5: SYSTEM FOR CORRECTING UNSAFE WORKING CONDITIONS
At such time that unsafe or unhealthy conditions, work practices or work procedures are discovered,
employees are removed from the area if applicable because of the level of hazard and appropriate immediate
actions are directed by management to correct the hazard and mitigate the potential damage to person or
property. Procedures include documented investigation of the cause and/or source of the hazard,
4
Agreement No. 5442
identification of corrective actions needed, assignment of persons responsible for the completion of specific
remedial actions,and follow up for compliance, Training and/or retraining of affected employees is provided
as applicable.
As referenced above if the identified work place hazard involves an imminent risk of significant or substantial
physical injury or death,City policy dictates that steps will be taken to correct the situation i q�[iatety. If the
work place hazard does not involve such an imminent risk,corrective actions will be taken as soon as possible
and no later than 15 days after the City or individual becomes aware of its presence.
PART 6: TRAINING AND INSTRUCTION PROCEDURES
At the time of initial employment;when employees are given new b assignments for whichtraining has not
previously been given; when new substances, processes, procedures, or equipment are introduced that
represent a new hazard;when the employer is made aware of a new or previously unrecognized hazard;and
at other intervals designated by management, employees are trained in applicable safe and healthy work
practices in groups or individually through distribution and review of the employers safety handbook and its
supplements;through other written communications,posters,booklets,etc.;and by various other methods as
applicable to providing instruction in a form readily understandable by the affected employee or group of
employees. Supervisory personnel will also receive training and instruction designed to insure their
familiarization with the work place safety and health hazards to which employees under their direction and
control may beexposed.
Safety or "Tailgate" meetings will be conducted by department managers or supervisors on n regularly
scheduled and ooneeded basis. During these meetings the manager orsupervisor shall discuss with the
employees under his/her direct supervision such |oauam as new hazards that have been introduced or
discovered\nthe work place; causes ofrecent accidents orinjuries and the methods adopted bythe City to
prevent similar incidents inthe future;and any health and safety issue defid by the manager oraupem|sorho
require discussion and reinforcement. All safety meetings will bedocumented ohthe appropriate form.
PART 7: EMERGENCIES /
In addition to the City's written Injury and Illness Prevention Program,the City's Police and Firedepartments
have written plans related to emergency and disaster preparedness and mspwooe, fire pneventmn, and
environmental and hazardous materials,
Agreement No. 5442
Attachment#1
OSHA DIGEST
DIGEST OF SENATE BILL 198 AND RELATED REGULATIONS
On October 3, 1989, Senate Bill#198 became effective and made several changes to the California Labor
Code dealing with worker safety. The most significant was the requirement for ALL employers to implement a
WRITTEN injury and illness prevention program. The bill required the Cal/OSHA Standards Board to adopt
specific standards regarding criteria to be included in these written programs. The bill amended Labor Code
Section 6401.7 as follows:
6401.7 Injury Prevention Program (Amended October 2, 1989)
(a) Every employer shall establish, implement,and maintain an effective injury prevention program. The
program shall be written and shall include, but not be limited to,the following elements:
(1) Identification of the person or persons responsible for implementing the program.
(2) The employer's system for identifying and evaluating work-place hazards, including
scheduled periodic inspections to identify unsafe conditions and practices.
(3) The employer's methods and procedures for correcting unsafe or unhealthy conditions and
work practices in a timely manner.
(4) An occupational health and safety training program designed to instruct employees in general
safe and healthy work practices and to provide specific instruction with respect to hazards
specific to each employee's job assignment.
(5) The employers system for communicating with employees on occupational health and safety
matters, including provisions designed to encourage employees to inform the employer of
hazards at the worksite without fear of reprisal.
(6) The employer's system for ensuring that employees comply with safe and healthy work
practices,which may include disciplinary action.
(b) The employer shall correct unsafe and unhealthy conditions and work practices in a timely manner
based on the severity of the hazard.
(c) The employer shall train all employees when the training program is first established, all new
employees,and all employees given a new job assignment,and shall train employees whenever new
substances, processes, procedures, or equipment are introduced to the workplace and represent a
new hazard, and whenever the employer receives notification of a new or previously unrecognized
hazard.
(d) The employers shall keep appropriate records of steps taken to implement and maintain the program.
(e) The standards board shall adopt a standard setting forth the employers duties under this section,on
or before January 1, 1991, consistent with the requirements specified in subdivision(a), (b), (c),and
(d). The Standards Board, in adopting the standard, shall include substantial compliance criteria for
use in evaluating an employers injury prevention program. The board may adopt less stringent
criteria for employers with few employees and for employers in industries with insignificant
occupational safety hazards.
(f) The standard adopted pursuant to subdivision (e) shall specifically permit employer and employee
6
Agreement No. 5442
occupational safety and health committees to be included in the employers injury prevention program.
The board shall establish criteria for use in evaluating employer and employee occupational safety
and health committees. The criteria shall include minimum duties, including the following:
(1) Review of the employer's(A) periodic, scheduled worksite inspections, (B) investigation of
causes of incidents resulting in injury, illness, or exposure to hazardous substances, and
investigation of any alleged hazardous condition brought to the attention of any committee
member. When determined necessary by the committee,the committee may conduct its own
inspections and investigations.
(2) Upon request from the division, verification of abatement action taken by the employer as
specified in division citations
If an employer's occupational safety and health committee meets the criteria established by
the board, it shall be presumed to be in substantial compliance with paragraph (5) of
subdivision(a).
(g) The division shall adopt regulations specifying the procedures for selecting employee representatives
for employer-employee occupational health and safety committees when these procedures are not
specified in an applicable collective bargaining agreement. No employee or employee organization
shall be held liable for any act or omission in connection with a health and safety committee.
SB#198 also amended other sections of the Labor Code so that every inspection by CaVOSHA must include
an evaluation of the employer's written injury and illness prevention program and that employers who do not
have an operative program will not be entitled to downward penalty adjustments for serious or non-serious
violations because of a previous"good history"safety record.
General Industry Safety Order
As required by SB #198, the Cal/OSHA Standards Board issued its final administrative regulations on
December 13, 1990 and submitted them to the California Office of Administrative Law (OAL)for approval_
OAL approved the regulations on January 16, 1991. The new regulations adopted by the Standard Board
resulted in the following revision to Section 3203 of the California Code of Regulations, Title 8 (Industrial
Relations). It is the title that establishes the state's General Industry Safety Orders with which employers must
comply.
Section 3203. Injury and Illness Prevention Program
(a) Effective July 1,1991,every employer shall establish,implement,and maintain an effective Injury and
Illness Prevention Program. The Program shall be in writing and shall, at minimum:
(1) Identify the person or persons with authority and responsibility for implementing the Program.
(2) Include a system for ensuring that employees comply with safe and healthy work practices.
Substantial compliance with this provision includes recognition of employees who follow safe
and healthful work practices, training and retraining programs, disciplinary actions, or any
other such means that ensures employee compliance with safe and healthful work practices.
(3) Include a system for communicating with employees in a form readily understandable by all
affected employees on matters relating to occupational safety and health,including provisions
designed to encourage employees to inform the employer of hazards at the worksite without
fear of reprisal. Substantial compliance with this provision includes meetings, training
programs, posting, written communications, a system of anonymous notification by
employees about hazards, labor/management safety and health committees, or any other
means that ensures communication with employees.
Exception: Employers having fewer than 10 employees shall be permitted to
communicate to and instruct employees orally in general safe work practices
with specific instructions with respect to hazards unique to the employees'
7
Agreement No. 5442
job assignment as compliance with (a)(3).
(4) Include procedures for identifying and evaluating workplace hazards including scheduled
periodic inspections to identify unsafe conditions and work practices. Inspections shall be
made to identify and evaluate hazards:
(A) When the Program is first established;
Exception: Those employers having in place on July 1,1991,a written Injury and Illness
Prevention Program complying with previously existing Section 3203.
(B) Whenever new substances, processes,procedures,or equipment are introduced to
the workplace that represent a new occupational safety and health hazard; and
(C) Whenever the employer is made aware of a new or previously unrecognized hazard.
(5) Include a procedure to investigate occupational injury or occupational illness.
(6) Include methods and/or procedures for correcting unsafe or unhealthy conditions, work
practices and work procedures in a timely manner based on the severity of the hazard:
(A) When observed or discovered: and,
(B) When an imminent hazard exists which cannot be immediately abated without
endangering employee(s)and/or property, remove all exposed personnel from the
area except those necessary to correct the existing condition. Employees necessary
to correct the hazardous condition shall be provided the necessary safeguards.
(7) Provide training and instruction:
(A) When the Program is first established;
Exception: Employers having in place on July 1, 1991, a written Injury and Illness
Prevention Program complying with the previously existing Accident
Prevention Program in Section 3203.
(B) To all new employees;
(C) To all employees given new job assignments for which training has not previously
been received„
(D) Whenever new substances, processes, procedures or equipment are introduced to
the workplace and represent a new hazard;
(E) Whenever the employer is made aware of a new or previously unrecognized hazard;
and,
(F) For supervisors to familiarize them with the safety and health hazards to which
employees under their immediate direction and control may be exposed.
(b) Records of the steps taken to implement and maintaining the Program shall include:
(1) Records of scheduled and periodic inspections required by subsection (a)(4) to identify
unsafe conditions and work practices, including person(s) conducting the inspection, the
unsafe conditions and work practices that have been identified and action taken to correct the
identified unsafe conditions and work practices. These records shall be maintained for three
(3)years; and
Exception: Employers with fewer than 10 employees may elect to maintain the
inspection records only until the hazard is corrected.
8
Agreement No. 5442
(2) Documentation of safety and health training required by subsection(a)(7)for each employee,
including employee name or other identifier, training dates, type(s)of training, and training
providers. This documentation shall be maintained for three(3)years,
Exception No. 1Employers wit,h fewer than 70 employees can substantially comply
with the documentation provision by maintaining a log of
instructions provided to the employee with respect to the hazards
unique to the employees job assignment when first hired or
assigned new duties.
Exception No. 2: Training records of employees who have worked for less than
(1)year for the employer need not be retained beyond the term of
employment if they are provided to the employee upon termination
of employment.
(c) Employers who elect bo use e |abnr/nmenoAementmcfety and health committee bocomply with the
nonnrnuo|oedon requirements of subsection (m)(3) of this section shall be presumed to be in
substantial compliance with subsection (a)(d)|fthe committee:
(1) Meets regularly, but not less than quarterly;
(2) Prepares and makes available to the affected employees, written records of the safety and
health issues discussed at the committee meetings and,maintained forreviewbythe Division
upon request;
(3) Reviews results ofthe periodic, scheduled worksite inspections;
(4) Reviews investigations of occupational accidents and oouoea of incidents resulting in
occupational injury,occupational illness, or exposure to hazardous substances and,where
appropriate,submits suggestions to management for the prevention of future incidents;
(S) Reviews investigations ofalleged hazardous conditions brought hothe attention of any
committee member. When determined necessary bythe committee, the committee may
conduct its own inspection and investigation to assist in remedial solutions;
(G) Submits recommendations to assist in the evaluation of employee safety suggestions; and
(7) Upon request from the Division, verifies abatement action taken bythe employer toabate
citations issued bythe,Division
-------------------------------SUMMARY~~—~~-~~~—~~~~~~~~~~-~~~—~-
~
Eveonmp| ' California
inmust have injury and illness prevention program incompliance wd �
h� #1S8
mrbsubject boCa|/OSHA fines for regulatory violations cfupho$2.OUO. |nsummary,the program MUST 8E
IN VVF|llNG and identify the person responsible for its implementation. In odditiun, it must contain the
following elements:
(1) Asystem toensure that employees comply with safe practices.
(2) Asystem for communicating with employees about safety matters and their right toreport unsafe work
practices orconditions without fear ofreprisal.
(3) Asystem foridemdify|ng and evaluating workplace hazards, including a nsonrd keeping system of
periodic inspections, unsafe conditions noted,and corrective actions taken,
(4) Asystem for investigating occupational injuries andiUnesoeo.
(5) Asystem for correcting unsafe conditions intimely manner based onthe severity ofthe hazard.
9
Agreement No. 5442
(6) Training and instruction to employees and supervisors including detailed documentation of such
training.
xAPouc/ESV wJ-uL.pnw
,
10
Agreernnt O.&
CITY OF EL SEGUNDO P
SALARY TABLES
SUPERVISORY& PROFESSIONAL EMPLOYEE ASSOCIATION
EFFECTIVE 116/2018
MONTHLY
OCC.J POSITION BASE
CODE STEP PAY
....................................Step A ..5;741.47w.
CRIME PREVENTION ANALYST I Step B 5,974.92
30S DEPUTY CITY TREASURER I Step C 6,220.04
Step D 6,477.42
Step E 6,747.671
........_._................ww.....ww......www ......... ...,.,.,_,,,,.........�. ..... .............................. _
Step A 5,977.85
Step B 6,223.10
32S LIBRARIAN I Step C 6,480.63
Step D 6,751.04
Step E 7,034.97
.......... _.. _.
ADMINISTRATIVE ANALYST Step A I6,100.49
PROPERTY OWNER COORDINATOR Step B 6,351.89
33S RECREATION SUPERVISOR Step C I 6,615.86
WELLNESS COORDINATOR Step D 6,893.03
Step E 7,184.06
.............................................,........ ..._,,.._. .............................
Step A 6,226.20
Step B 6,483.89
34S CRIME PREVENTION ANALYST II Step C 6,754.46
Step D 7,038.56
Step E 7,336.86
EQUIPMENT MAINT. SUPERVISOR Step A 6,622.48
PARK MAINTENANCE SUPERVISOR Step B 6,899.98_
37S PROJECT SPECIALIST; SR.ACCOUNTANT Step C 7,191.36
STREET MAINTENANCE SUPERVISOR (Step D 7,497.30
WATER/WASTEWATER SUPERVISOR IStep E 7,818.55
CONSTRUCTION COORDINATOR (Step A 6,761.22
G.I.S.ANALYST Step B 7,045.66
38S PROGRAM COORDINATOR Step C 7,344.32
RSI DESIGN COORDINATOR Step D 7,657.91
_._.w ..........�� _ m Step E 7,9$7:18
1
Agre
CITY OF EL SEGUNDO
SALARY TABLES
SUPERVISORY& PROFESSIONAL EMPLOYEE ASSOCIATION
EFFECTIVE 1/6/2018
MONTHLY
OCC. POSITION BASE
CODESTEP PAY
w _. _ ... ..._.......................................................... _ ._ ,...._................ .....
_Step A 6,903.45
Step B ..,.._........_..
7,195_.0_0
39S INFORMATION SYSTEMS DEVELOPER Step C 7,501.13
Step D 7,822.56
Step E 8,160.06
ACCOUNTING SUPERVISOR Step A 7,049.22
ECONOMIC DEV. ANALYST Step B 7,348.06
40S POLICE RECORDS SUPERVISOR Step C 7,661:84
SENIOR ADMINISTRATIVE ANALYST Step D 7,991.31
,Step E 8.,337.25
ASSOCIATE ENGINEER (Step A 7,351.79
FACILITIES MAINT.SUPERVISOR Step B 7,665.76
42S PLAN CHECK ENGINEER Step C 7,995.42
PURCHASING AGENT Step D 8,341.58
RSI SUPERVISOR Step E 8,705.04
Step A 7,508.77
Step B 7,830.59
43S INFORMATION SYSTEMS SPECIALIST Step C 8,168.50
Step D 8,523.30
Step E 8,895.84
Step A 7,669.68
Step B 7,999.54
44S SENIOR BUILDING INSPECTOR Step C 8,345.89
Step D 8,709.56
Step E 9,091.41
(Step A 7,834.62
ASSISTANT FIRE MARSHAL (Step B 1 8,172.73
45S EMERGENCY MGMT. COORDINATOR Istep C 8,527.74
PRINCIPAL ENVIRON. SPECIALIST Step D 8,900.50
Step E 9,291.90
2
Ag reeap E NqU+I44d
CITY OF EL SEGUNDO SX
SALARY TABLES
SUPERVISORY & PROFESSIONAL EMPLOYEE ASSOCIATION
EFFECTIVE 11612018
MONTHLY
OCC. POSITION BASE
CODE STEPPAY
Www. ,.--.............__-
Step.A ( 81003.67
Step B 8,350.23
46S SENIOR ENGINEER ASSOCIATE Step C 8,714.12
Step D 9,096.20
Step E 9,497.39
Step A 8,176.95
Step B 8,532.17
47S TECHNICAL SERVICES ANALYST Step C 8,905.16
Step D 9,296.79
Stop E 9,708.02
mm_ Step A 8,536:61
Step B 8,909.82
49S FIRE MARSHAL Step C 9,301.69
(Step D 9,713.15
(Step E 10,145.18
Step A 9,110.52
PRINCIPAL PLANNER Step B 9,512.43
52S SENIOR PLAN CHECK ENGINEER Step C 9,934.43
Step D 10,377.53
Step E 10,842.78
I Step A 9,229.08
Step B 9,636.91
53S ENVIRONMENTAL SAFETY MGR. (Step C 10,065.13
(Step D 10,514.76
Step E _ 10,986.89
3
