HomeMy WebLinkAbout2002-01-22 City Council (3)City of Palo Alto
City Manager’s Report2
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: HUMAN RESOURCES
DATE:
SUBJECT:
JANUARY 22, 2002 CMR:ll7:02
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING CHAPTER 10, SECTION 1002, OF THE MERIT
SYSTEM RULES AND REGULATIONS (CAUSES FOR
DISCIPLINE) TO INCLUDE VIOLATION OF CALIFORNIA
DRUG-FREE WORKPLACE ACT OF 1990
RECOMMENDATION
This report recommends that Council approve a resolution amending the Merit System Rules
and Regulations to incorporate the California Drug-Free Workplace Act as required by law.
DISCUSSION
In July 1989, City Council approved the implementation of the Federal Drug-Free Workplace
Act of 1988. This statute required agencies receiving grants from the federal government to
certify that they will provide a drug-free workplace. In order to comply with procedures
under this act, the City Merit System Rules and Regulations were amended to incorporate the
drug-free workplace policy.
In 1990, the California legislature enacted the Drug-Free Workplace Act of 1990. Similar
to the federal act, this state statute requires agencies receiving grants from the state
government to certify that they will provide a drug-free workplace. While the City of Palo
Alto has been providing a drug-free workplace as defined by the state Act, the City has not
to date formally instituted all the state Act’s provisions, which necessitates a Merit Rules
amendment. The attached resolution formalizes the City’s compliance with the California
Drug-Free Workplace Act requirement that the misconduct referenced in the state Act as well
as the analogous federal Act is a basis for discipline under the City’s Merit Rules.
RESOURCE IMPACT
There will be no cost impact associated with this change.
POLICY IMPLICATIONS
This recommendation is consistent with existing City policies.
CMR: 117:02 Page 1 of 2
ENVIRONMENTAL REVIEW
This is not a project under the California Environmental Quality Act (CEQA).
ATTACHMENTS
Resolution of the Council of the City of Palo Alto amending Chapter 10, Sectionl002, of the
Merit System Rules and Regulations (causes for discipline) to include violation of California
Drug-Free Workplace Act of 1990.
PREPARED BY: ,
Sandra T.R. Blanch, Risk Manager
DEPARTMENT HEAD:
JN-Y C. ROUNDS
Director of Human Resources
CITY MANAGER APPROVAL: EMIL;~RISON
Assistant City Manager ’
CMR:117:02 Page 2 of 2
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING CHAPTER i0, SECTION 1002 OF THE MERIT
SYSTEM RULES AND REGULATIONS (CAUSES FOR
DISCIPLINE) TO INCLUDE VIOLATION OF CALIFORNIA
DRUG-FREE WORKPLACE ACT OF 1990
The Council of the City of Palo Alto does RESOLVE as
follows:
SECTION i. Section 1002 of the Merit System Rules and
Regulations is hereby amended to read as follows:
~i002. Causes for disciplinary action. Causes
for disciplinary action against any employee may
include, but shall not be limited to,the
following:
(a)
(b)
(c)
(d)
(e)
(f)(g)
(h)
(±)
(j)
(k)
(1)
(m)
(n)
(o)
(P)
(q)
(r)
(s)
(t)
(u)
Fraud in securing appointment
Inexcusable neglect of duty
Violation of safety rules
Tardiness
Possession, or under ~he influence of
alcoholic beverages, non,Tprescription or
unauthorized narcotics or dangerous drugs
during work hours
Refusal or failure to perform work assigned
Unauthorized soliciting on city property or
during working hours
Unauthorized absence
Conviction of a fel’ony or conviction of a
misdemeanor involving moral turpitude
Overstaying lunch period or relief
Offensive treatment of the public or other
employee
Falsifying timecard
Disobedience to proper authority
Misuse of city property
Violation of any of the provisions of these
working rules and regulations or
departmental rules and regulations
Falsification of city records
Refusal to take or subscribe to any oath or
affirmation which is required by law in
connection with employment
Assault
Fighting
Theft
Sleeping on the job
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(x)
Conflict of interest
Possession or storage of firearms on city
premises or work sites, or in city
vehicles, excluding sworn law enforcement
personnel
Unlawful manufacture, distribution,
dispensation, possession or use of a
controlled substancee (as defined by
Act (21 USC § 802) 4~ ~ ......i.~7 ~ ~.
referenced in the California Druq-Free
Workplace Act of 1990 (Government Code,
§ 8350 et seq.) and/or the federal Druq-
Free Workplace Act of 1988 (41 USC § 701 et
seq. ) . "
SECTION 2. The Council finds that this is not a project
under the California Environmental Quality Act and, therefore, no
environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Sr. Asst. City Attorney City Manager
Director of Human Resources
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