HomeMy WebLinkAboutMINUTES - 01141997 - C36 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on January 14, 1997 _ by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT:
Approval of Side Letter with the Deputy )
Sheriffs' Association re Drug & Alcohol )
Testing Policy and Program 1 Resolution No. 97/ 23
BE IT RESOLVED that the Board of Supervisors of Contra Costa County APPROVES
the side letter dated December 16, 1996, (copy attached and included as part of this
document), jointly signed by Kathy Ito, Labor Relations Manager and Louis Kroll,
President, Deputy Sheriffs' Association, regarding the Alcohol and Drug Testing Policy
and Program for Commercial Vehicle Drivers.
1 spy oerft that thte Is a true and owedOOpy of
Sn acdon taken and entered on the mtnutea Ot u:
Board of SupapO: January 14,sh 1 197
ATIMSTP IL BATCHELOR,Clark of the Hoard
of Supervisors and County Admintstretor
M D0W
Orig. Dept: Human Resources Department (Kathy Ito - 335-1785)
cc: Auditor-Controller/Payroll
Sheriffs Department
Louis Kroll, DSA
Re
f' Contra �- --°� Human sources
Costa Department
Lzw.
0.
County
'third Floor,Administration Bldg.
651 Pine Street
c uuNT, Martinez,California 94553-1292
(510)646-4064
Leslie T.Knight
Director of Human Resources
December 16, 1996
Mr. Louis Kroll, President
Deputy Sheriffs' Association
1780 Muir Road
Martinez, CA 94553
Re: Side Letter of Agreement - Drug and Alcohol Testing Policy and Program
Dear Mr. Kroll:
This confirms the agreement reached by the County and the Deputy Sheriffs'
Association regarding the Alcohol and Drug Testing Policy and Program for
Commercial Vehicle Drivers dated December 12, 1996. The policy and program will
be implemented following a thirty (30) day period designed to provide notification
and training to the affected employees.
In addition, the parties have reached related agreements as follows:
1. In an effort to accommodate the Association's concerns regarding union
representation and the Peace Officer's Procedural Bill of Rights, employees
shall be entitled to Union representation upon their request during any contact,
with the Medical Review Officer (MRO).
a. The County will pay the costs associated with in-person appointments
requested by the MRO. Costs associated with in-person appointments
requested by the employee will be borne by the employee.
b. The County will make its best effort to secure the services of a "local"
MRO. "Local" means located within Contra Costa County or
surrounding counties. Should the County be unsuccessful in securing
the services of a local MRO, the parties shall reconvene to further
discuss this matter.
1
Mr. Louis Kroll
December 16, 1996
Side Letter of Agreement - Drug and Alcohol Testing Policy and Program
2. In an effort to accommodate the Association's concerns regarding union
representation and the Peace Officer's Procedural Bill of Rights, union
representation during the drug testing process shall be as follows:
a. Employees notified of random, reasonable suspicion, or post-accident
drug testing shall be entitled to Union representation upon their request
at the time of notification.
b. If Union representation is requested, it must be provided by the Union
within one (1) hour of test notification at the test site. If the
representation is not provided at the test site within one (1) hour, the
County may proceed with the drug testing without the representative.
C. If the requested representative appears within the one-hour time period,
the representative may provide consultation and representation to the
employee requesting representation. The representative may not
impede the testing and may leave the test site and/or return to work,
when the employee requesting representation has carried out the
activities necessary for testing to begin or has refused the test.
d. Procedures for securing Union representation shall be coordinated
between the DSA and the Sheriffs Department.
3. Split samples of specimens which have tested positive for controlled
substances will be held in accordance with PharmChem's reporting and
storage requirements for positive specimens as described in Exhibit D
(attached).
4. The County agrees that in accordance with Section 1.1 of the Policy, the
designated positions subject to alcohol and drug testing will be provided in a
letter from the Human Resources Director to the Deputy Sheriff's Association.
Any of the aforementioned items may be reopened for discussion upon mutual
agreement of the parties. Modifications to this Side Letter shall be by mutual
agreement.
2
Mr. Louis Kroll
December 16, 1996
Side Letter of Agreement - Drug and Alcohol Testing Policy and Program
If the above conforms with your understanding, please indicate agreement by affixing
your signature in the space provided below.
Sincerely,
Kathy Ito
Labor Relations Manager
Dated: /21/6,9I,
CONCUR FOR COUNTY: CONCUR FOR ASSOCIATION:
Attachment
cc: Phil Batchelor, County Administrator
Leslie Knight, Director of Human Resources
Arthur Walenta, Assistant County Counsel
Warren Rupf, Sheriff-Coroner
Rob Henderson, Undersheriff
Ted McHale, Risk Management
3
r
Contra Costa County
Health Services Department
595 Center Avenue, Ste. 120
Martinez, CA 94553-4634
EXHIBIT D
REPORTING AND STORAGE REQUIREMENTS
REPoum R ouigEMEws
o PharmChem will report results for specimens which screen negative under EMIT by the next
business day after receipt at the laboratory.
o PharmChem will report results for specimens which screen positive in EMIT and require GC/MS
confirmation within 48-72 hours of receipt at the laboratory.
STORAGE REQUIREMENTS
o PharmChem will retain all negative specimens for 14 days.
o PharmChem will retain all positive specimens for 365 days.
o PharmChem will retain all laboratory.test records and the chain of custody for seven years.
9