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S-1597 - 03/10/2020 - PERSONNEL RULES & REGS - Ordinances ITEM 6.C.1 BOARD OF TRUSTEES MEETING VILLAGE OF SAMUEL E. DEAN BOARD ROOM OAK B R_ , K BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of March 10, 2020 SUBJECT: Personnel Manual Amendments FROM: Kathy Vonachen, Human Resource Director/Deputy Clerk BUDGET SOURCE/BUDGET IMPACT: NA RECOMMENDED MOTION: A Motion to Approve Ordinance 2020-PL-RR-S-1597, An Ordinance Amending Article 7 of the Personnel Manual of the Village of Oak Brook. Background/History: Our current Personnel Manual was approved by the Village Board on January 13, 2015 with Resolution 2015-PL-RR-R-1424. Over the last year, there have been revisions to specific statutes that affect our operations. I would like to bring our Personnel Manual up-to-date in the following area: Article 7—GENERAL POLICIES Section 7.05 Illegal Drugs and Alcohol/Drug Free Workplace Act 1. No changes. 2. Employees will not be permitted to work while under the influence of drugs or alcohol. Individuals who appear to be unfit for duty will be relieved from duty and may be requested to take a physical examination at a designated medical facility. Employees may also be required to submit to post-accident drug and alcohol testing. Refusal to cooperate or comply with a physical examination or failure to pass the examination may result in disciplinary action,up to and including termination. For the purpose of this policy, any positive test for the presence of drugs or alcohol in your system shall be considered to be "under the influence." BOT AGENDA Page 1 FG 3. Off the job Illegal drug and/or alcohol use which could adversely affect an employee's job performance or which could jeopardize the safety of other employees, the public, or the Village's facilities, or where such usage adversely affects the public trust in the ability of the Village to carry out its responsibilities, is also cause for disciplinary action, up to and including termination. 4. Employees who engage in conduct that results in an are arrested for off-the-job drug activity may be considered in violation of this policy. In deciding what action to take, the Village will speak with the employee to understand the underlying facts and circumstances and take into consideration the nature of the conduct ekar-ges, the employee's present assignment and record with the Village, and the impact of the employee's arrest on the conduct of the Village's business. 5. Employees are encouraged to request assistance through the Village's Employee Assistance Program in dealing with a personal alcohol or drug-related problem. It' employees request assistance prior to being ordered to take a drug and alcohol test and prior to involvement in a workplace accident or other incident that might give rise to testing under this policy, their employment will not be jeopardized so long as an approved treatment program is successfully completed and they continue to observe the Village's policy regarding drugs and alcohol. The Village may require employees to sign a release agreement so that the Village can confirm compliance with the terms of any approved treatment program. 6. No changes. 7. Employees are required to notify a member of management of any criminal drug statute arrest, citation, or conviction fef a viela4io ~ the wer-kpla a no later than five d"s one business day after such arrest, citation, or conviction. Employees who are required to drive as part of their job functions are required to notify the Village of any revocation or restrictions on their driving privileges before reporting to work. Medical Marijuana This policy will be construed in a manner consistent with our rights and obligations under the Illinois Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/1 et seq., including any applicable interpretative rules that may be adopted pursuant to this Program. Be assured that we respect the rights of our employees who are registered patients with debilitating medical conditions who are engaging in the medical use of marijuana in compliance with the law. However, as with alcohol and prescription drugs, employees may not operate or be in control of a vehicle while using or being under the influence of medical cannabis. Additionally, employees may be disciplined or even discharged for reporting to work under the influence of cannabis. In all cases, an employee who is a registered patient engaged in the medical use of marijuana is subject to all of our normal drug testing requirements,personnel policies and disciplinary penalties for policy violations. Nothing in this policy alters our"zero tolerance" standards for drug use. Recommendation: The Village Board approves the Ordinance S-1597 as presented. BOT AGENDA Page 2 THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS ORDINANCE 2020-PL-RR-S-1597 An Ordinance Amending Article 7 of the Personnel Manual of the Village of Oak Brook. GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk JOHN BAAR PHILIP CUEVAS MICHAEL MANZO MOIN SAWED EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 10th day of March, 2020 ORDINANCE 2020-PL-RR-S-1597 AN ORDINANCE AMENDING ARTICLE V OF THE PERSONNEL MANUAL OF THE VILLAGE OF OAK BROOK, ILLINOIS WHEREAS,the President and Board of Trustees of the Village of Oak Brook approved the current Village of Oak Brook Personnel Manual on January 13, 2015 with the passage of Resolution R-1424; and WHEREAS,it is deemed appropriate that said Personnel Manual be amended in regard to revisions to specific statutes which affect Village operations. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows: Section 1: Recitals. The foregoing recitals are restated and incorporated herein as the findings of the President and Board of Trustees. Section 2: Amendments. Article 7, "General Policies", Section 7.05, "Illegal Drugs and Alcohol/Drug Free Workplace Act" of the Personnel Manual of the Village of Oak Brook be and is hereby amended to read as follows: 7.05 Illegal Drugs and Alcohol/Drug Free Workplace Act 1. No changes. 2. Employees will not be permitted to work while under the influence of drugs or alcohol. Individuals who appear to be unfit for duty will be relieved from duty and may be requested to take a physical examination at a designated medical facility. Employees may also be req aired to submit to post-accident drug and alcohol testing. Refusal to cooperate or comply with a physical examination or failure to pass the examination may result in disciplinary action, up to and including termination. For the purpose of this policy, any positive test for the presence of drugs or alcohol in your system shall be considered to be"under the influence." 3. Off the job Illegal drug and/or alcohol use which could adversely affect an employee's job performance or which could jeopardize the safety of other employees, the public, or the Village's facilities, or where such usage adversely affects the public trust in the ability of the Village to carry out its responsibilities, is also cause for disciplinary action, up to and including termination. 4. Employees who engage in conduct that results in an af-e arrested for off-the-job drug activity may be considered in violation of this policy. In deciding what action to take,the Village will speak with the employee to understand the underlying facts and circumstances and take into consideration the nature of the conduct cages, the employee's present assignment and record with the Village, and the impact of the employee's arrest on the conduct of the Village's business. 5. Employees are encouraged to request assistance through the Village's Employee Assistance Program in dealing with a personal alcohol or drug-related problem. If Ordinance 2020-PL-RR-S-1597 Amending Personnel Manual-Art.7 Page 2 of 3 employees request assistance prior to being ordered to take a drug and alcohol Igal and prior to involvement in a workplace acc><dent or other incident that might yive rise toting under this policy,their employment will not be jeopardized so long as an approved treatment program is successfully completed and they continue to observe the Village's policy regarding drugs and alcohol. T e Village may require employees to Sig a release agreement so that the Village can confirm compliance with the terms of any approved treatment program. 6. No changes. 7. Employees are required to notify a member of management of any criminal drug � i +• the,. er�,pl^^e no later statute rest. citation. or conviction b than fi-v� one business day after such arrest, citation. or conviction. Employees who are required to drive as part of their job functions are required to notify the Village of any revocation or restrictions on their driving privileges before reporting to work. Medical Marijuana This policy will be construed in a manner consistent with our rights and obligations under the Illinois Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/1 et seq., including any applicable interpretative rules that may be adopted pursuant to this Program. Be assured that we respect the rights of our employees who are registered patients with debilitating medical conditions who are engaging in the medical use of marijuana in compliance with the law. However, as with alcohol and prescription drugs, employees may not operate or be in control of a vehicle while using or being under the influence of medical cannabis. Additionally, employees may be disciplined or even discharged for reporting to work under the influence of cannabis. In all cases, an employee who is a registered patient engaged in the medical use of marijuana is subject to all of our normal drug testing requirements, personnel policies and disciplinary penalties for policy violations. Nothing in this policy alters our"zero tolerance" standards for drug use. [Signature page follows] Additions are bold and double-underlined; Ordinance 2020-PL-RR-S-1597 Amending Personnel Manual-Art.7 Page 3 of 3 APPROVED THIS 10th day of March, 2020. Gopal G. Lalmalani Village President PASSED THIS 10th day of March, 2020. Ayes: Baar, Cuevas, Saiyed,Tiesenga, Yusuf Nays: None Absent: Manzo f 0 ATTEST: Charlotte K. Pruss coil: Village Clerk CO Ij , Additions are bold and double-underlined; art,rtpwGk thFough.