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SR-6-B (55) . 6B.w . I - - - .. TD :JFH: RIA: jW/fltran8\,users\bQbldrugp07 Santa Monica, caliMt~2 ~ council Meeting: November 22, 1994 TO: MAYOR AND CITY COUNCIL FROM: CITY STAFF SUBJECT: Recommendation to Approve a Resolutl.on Rescinding Resolution #7817 (CCS) and Adopting a Revised Anti-Drug Program pOlicy for the City'S Transportation Department to Conform to New Federal Guidelines Introduction This report recommends that the City council approve the attached resolution rescinding Resolution #7817 and adopting a revised Alcohol and Anti-Drug POlicy for the City'S Transportation Department. Backqround The City's Transportation Department first established drug testlng procedures almost fifteen years ago. In 1988, the Federal Transit Administration (FTA), then known as the Urban Mass Transportation Admlnistration (UMTA) , issued guidelines which required that each transit system adopt a formal anti-drug policy in order to remain eligible for Federal funds. At its meeting of May 23, 1989, the City council adopted Resolution #7817, establishing an Anti-Drug Policy for the Transportation Department to conform to the then-current UMTA guidelines. In early 1990, the Transportation Department suspended random testing in response to a Federal Appeals Court decision that UMTA NOY 2 2 199It ~ 6~~ - 1 - ~ y had exceeded its Congressional mandate. In 1991, as part of the Omnibus Transportation Employee Testing Act, congress authorized the FTA (the successor agency to UMTA) to develop new drug testing guidelines that included random testing and, for the first time, required an alcohol testing component. In February 1994, the new regulations were published in the Federal Register which directed transit systems to develop revised policies and lmplement their programs by January 1995. The regulations require that the revised policy be adopted by the transit system's governing board. Failure of mass transportation systems to revise their programs to meet the Federal requirements will result lTI the loss of eligibility for Federal financial assistance. Attached is a proposed resolution, as well as a copy of the Transportation Department's Alcohol and Anti-Drug proqram Policy, as revised to meet the new Federal guidelines. The Transportation Department's revised policy addresses the specific information listed in the Federal guidelines, including the alcohol testing component and a random testing element. The remainder of the policy is substantially the same as the existing policy, except for format revislons required by FTA. The job classifications affected by the FTA rules remain the same: Motor Coach Operator, Motor Coach Supervisor, Transportatlon Mechanic I, Transportation Mechanic II, Transportation Mechanic Supervisor and Motor Coach Cleaner. The policy has been reviewed by each of - 2 - the affected employee bargaining groups and is scheduled to become effective on January 1, 1995. Financial/Budqetary Considerations The city's Transportation Department is eligible to receive approximately $2,000,000 of Federal financial operating assistance annually and must comply with FTA regulations in order to continue its eligibility to receive those Federal funds. Approximately $5,000 will be spent on employee and supervisor education to meet the FTA's training requirements. The funding for the employee education and training program has already been incorporated into the Department's 1994-95 budget. Recommendation Staff recommends that the city Council approve the attached resolution rescinding Resolution #7817 and adopting a revised Alcohol and Anti-Drug Program Policy for the Transportation Department. Prepared by: J. F. Hutchison, Director of Transportation Bob Ayer, Assistant Director of Transportation - 3 - , ,. f:\atty\muni\laws\dee\antidrug.res City Council Meeting 11-22-94 Santa Monica, Callfornia RESOLUTION NO. 8836 - (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA RESCINDING RESOLUTION NO. 7817 (CCS) AND ADOPTING A REVISED ALCOHOL AND ANTI-DRUG PROGRAM POLICY FOR THE CITY'S TRANSPORTATION DEPARTMENT WHEREAS, the Federal Translt Admlnistratlon (FTA) passed regulations requlrlng reclplents of federal flnanclal asslstance to revise thelr eXlstlng anti-drug programs and add an alcohol testlng component; and WHEREAS, the governing boards of those reclplents must adopt a revlsed aleohol and antl-drug POllCY; and WHEREAS, the reclplents of federal flnancial aSs1stance wl11 become inellgible for said assistance should they fail to adopt the federally mandated alcohol and antl-drug program; and WHEREAS, the Clty's Transportatlon Department lS covered by the FTA regulatlons and lS ellglble to recelve approximately $2,000,000 annually in federal operatlng funds 1 ~ ~ ass~stanceJ and must comply w~th FTA regulat~ons in order to continue to receive those federal funds. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS; SECTION 1. The City recognizes drug and alcohol abuse as potential health, safety and security problems. Employees needlng help in dealing wlth such problems are encouraged to use the Clty'S employee asslstance program or health lnsurance plans, as approprlate. Conscientlous efforts to seek such help wlll not jeopardlze any employee's job, and wlll not be noted ln his/her personnel file. SECTION 2. That Resolution No. 7817 (CCS) WhlCh established the or~glnal ant1-drug program for the City's Transportatlon Department 15 hereby rescinded, and that the revlsed alcohol and antl-drug policy be adopted ln lts place. SECTION 3. That the Transportatlon Department is charged with the responsibllity of administerlng the revlsed alcohol and anti-drug POllCY and lmplementlng said POllCY ln cornpllance wlth federal law, regulat~ons, or requirements, lncludlng amending the policy as needed to ensure such compliance. 2 . SECTION 4. The city Clerk shall certlfy to the adoptlon of thls Resolution, and thenceforth and thereafter the same shall be ln full force and effect. APPROVED AS TO FORM: fi0~~,fc~k MARSHA J' ES MOUTRIE City Att rney 3 ~ . Adopted and approved tills 22nd of November, 1994 ~( A1~ Mayor I hereby certify that the foregomg ResolutlOn 8836 (CCS) was duly adopted at a meetmg of the City Council held on the 22nd of November, 1994 by the followmg vote. Ayes Councllmembers Abdo. Genser. Greenberg.Holbrook, Olsen. Rosenstem. Vazquez Noes Councllmembers None Abstam Counctlmembers None Absent. Councllmembers None ATTEST: /' ../ /.r--. /.V;; - / /-a / a,.A/fl/;po.- ,~~, ~ ______ --;,- - f City Clerk