SR-601-001
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Santa Monica, California
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Council Meeting:
6/24/86
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JUN 2 4 1986
TO:
Mayor and city Council
FROM:
city staff
SUBJECT:
Smoking Policy for city Employees
Introduction
This report recommends adoption of a resolution setting forth a
smoking policy for employees of the City of Santa Monica. This
policy has been developed in consultation with representatives of
all city departments and bargaining units.
Background
In rnid-1985, the city Council adopted an ordinance regulating
smoking in pUblic places and places of employment. At that time,
the city as an employer was specifically exempted from the
provisions of the ordinance to allow development of its own
policy.
To that end, several activities were undertaken:
1. Personnel Department staff met with representatives of
various
employee
organizations
to
discuss
policy
alternatives.
2. Over 50% of full-time city employees responded to a
written survey regarding smoking policy preferences.
lo-~
~t;1\o 2 4 1955
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3.
ospartmen'HeadS wers asked to prots information on
departmental rules and regulations regarding smoking.
4.
All departments and bargaining unit representatives were
provided copies of the proposed policy.
The overwhelming majority view expressed in all these forums was
that smoke-free work areas are desired to the maximum extent
possible. Based on this feedback, we propose the following
guidelines for City facilities. These guidelines follow very
closely the ordinance adopted by the Council for other places of
employment in the city.
Recommendation
It is recommended that the City Council adopt the accompanying
resolution regulating smoking in the City's own workplace.
PREPARED BY: Lynne C. Barrette, Assistant city Manager
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city council Meeting: 6/24/86
Santa Monica, California
RESOLUTION NUMBER 7242(CCS)
(City Council series)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA ADOPTING
REGULATION OF SMOKING IN CITY
FACILITIES
WHEREAS, the city council adopted Ordinance #1335 (CCS) (SMMC
SS.4920-4927) in April 1985, which regulated smoking in public
places and places of employment; and
WHEREAS, a written smoking policy to be adopted, implemented
and maintained in city work places was to be presented to Council
to be adopted by resolution at a later date: and
WHEREAS, a survey of City employees indicated that 75% of
respondents preferred to work in a smoke-free environment; and
WHEREAS, the attached document entitled II RegUlation of
Smoking in city Facilities" was circulated to all City
departments and bargaining units for comment and suggestions: and
WHEREAS, the attached document entitled "Regulation of
Smoking in city Facilitiesll addresses concerns regarding the
health, safety and general welfare of persons, employed by the
City of Santa Monica.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The city Council of the City of Santa Monica
hereby adopts the attached document entitled If Regulation of
Smoking in City Facilities" as the official smoking policy to be
implemented and maintained throughout city facilities in the City
of Santa Monica.
SECTION 2. The city Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM
~~~
ROBERT M. MYERS
City Attorney
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Regulation of Smoking in city Facilities
city of Santa Monica
The city Council of the City of Santa Monica finds and
declares:
a. smoking is a positive danger to health and a cause of
material annoyance, inconvenience, discomfort and a
health hazard to those who are present in confined
places.
b. The public health, safety, and general welfare, of
persons employed by the city of Santa Monica would be
furthered by the prohibition and regulation of smoking
in work places.
Therefore the following shall be the policy of the City of Santa
Monica regarding smoking in the work place:
1. A smoke-free work area shall be provided to the maximum
extent possible. Departments are requested to develop
their own work place guidelines based on the needs and
desires of departmental employees including consultation
with effected employees.
a. "Smoke or smoking" is defined as the carrying or
holding of a lighted pipe, cigar or cigarette of any
kind, or any other lighted smoking equipment or the
lighting or emitting or exhaling the smoke of a pipe,
cigar or cigarette of any kind.
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2. A non-smoking area of not less than two thirds of the
seating area and floor space in employee lunchrooms and
lounges shall be provided and maintained by the city.
3. Smoking is prohibited in elevators.
4. a. Smoking is prohibited in any restroom unless there is
an attached lounge that has been designated as a
smoking area.
b. Smoking is permitted in these attached lounge areas
only if smokeless ashtrays have been provided and are
used at all times by smokers.
5. No supervisor
shall discharge
or in
any manner
discriminate against any employee for exercising his or
her rights under this policy.
6. a. "No Smoking" signs shall be posted and prominently
displayed in conspicuous areas.
"No Smoking" signs are available at no cost from the
General Services Department, PFM Division (x 8531).
b. No employee shall willfUlly mutilate or destroy any
sign required by this policy.
c. No employee shall smoke in any area posted as a
non-smoking area.
7. In disputes arising between smokers and non-smokers,
department or division managers shall make efforts to
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accommodate the desires of both smokers and non-smokers.
Such accommodation shall include consultation with
affected employees.
However, the dispute shall be
resolved in the best interest of the health and safety of
the majority of employees affected by the situation. It
should be noted that the city is not required to incur
any expense to make structural or other physical
modifications to provide smoke-free work areas.
8. Disputes that cannot be resolved informally shall be
subject to the grievance procedure found in Section 2l06A
of the Santa Monica Municipal Code.
(smokepol)
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Adopted and approved thIS 24th day of June, 1986.
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,X-~/{,--~i~ -(L-1---f- /~ ~~--A,
i-Mayor
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I hereby certIfy that the foregoIng Resolution No. 72li2(CCS)
was duly adopted by the City Council of the City of Santa MonIca
at a meetIng thereo f held on June 24, 1986 by the followIng
Council vote:
Ayes: Counclli'!)eIT'bers: Conn, Epstein, JennIngs, A. Katz,
H. Katz, Zane, and Hayor Reed
Noes: CounclllPembers: None
Abstain: Councllrnembers: None
Absent: Councllmembers: None
ATTEST:
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CIty Clerk