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HomeMy WebLinkAbout03092015 City Council Packet Seward City Council Agenda Packet figY l I..t �../. RN Sikuliaq Seward Home Porting March 9, 2015 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward,Alaska a°F CITY COUNCIL MEETING AGENDA `,,+►.w� �p� 1 {Please silence all cellular phones during the meeting} ' ® atnsiLP March 9, 2015 7:00 p.m. Council Chambers Jean Bardarson 1. CALL TO ORDER Mayor 2. PLEDGE OF ALLEGIANCE Term Expires 2015 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE Marianna Keil ITEMS SCHEDULED FOR PUBLIC HEARING [Those who Vice Mayor have signed in will be given the first opportunity to speak. Time is Term Expires 2016 limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] Ristine Casagranda 5. APPROVAL OF AGENDA AND CONSENT AGENDA Council Member [Approval of Consent Agenda passes all routine items indicated by Term Expires 2016 asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, Christy Terry the item is returned to the Regular Agenda] Council Member Term Expires 2015 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS David Squires A. Proclamations and Awards Council Member B. Borough Assembly Report Term Expires 2015 C. City Manager's Report Pg. 3 D. City Attorney's Report Dale Butts E. Other Reports and Presentations Council Member Term Expires 2016 1. Semi-Annual Report from the Planning and Zoning Commission. Pg. 7 Iris Darling Council Member Term Expires 2015 James Hunt City Manager Johanna Kinney City Clerk Eric Wohlforth City Attorney City of Seward, Alaska Council Agenda March 9, 2015 Page 1 7. PUBLIC HEARINGS -None 8. UNFINISHED BUSINESS-None 9. NEW BUSINESS A. Resolutions 1. Resolution 2015-016, Approving The Revised City Of Seward "All Employee" Drug, Alcohol And Marijuana Policy. Pg. 10 B. Other New Business Items *1. Approval of the February 23,2015 Regular City Council Meeting Minutes. Pg. 48 2. Schedule a work session to continue the discussion on attracting more fishing vessels to Seward and invite the Port and Commerce Advisory Board to attend. (Darling) 3. Providence Seward Medical Center Preliminary Financial Reports through November and December, 2014. (postponed from the February 23, 2015 meeting) 4. City of Seward Preliminary Financial Reports through December, 2014. (postponed from the February 23, 2015 meeting) 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required) A. Plaque presented to the University of Alaska Fairbanks during the Commissioning Ceremony of the R/V Sikuliaq. Pg. 59 11. COUNCIL COMMENTS 12. CITIZEN COMMENTS 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14. EXECUTIVE SESSION A. Go into Executive Session to discuss the City Attorney's Evaluation. 15. ADJOURNMENT City of Seward, Alaska Council Agenda March 9, 2015 Page 2 CITY OF SEWARD Jim Hunt, City Manager P.O. Box 167 Telephone (907) 224-4047 Seward,AK 99664 Facsimile (907) 224-4038 MANAGER'S REPORT March 9, 2015 There have not been any purchase orders for between $10,000 and $50,000 approved by the City Manager since the last council meeting: A. Administration: (1) Meetings with Mayor and Vice Mayor. (2) Continued work on state capital requests and lobbyist teleconferences. (3) AIDEA/SMIC development plan meeting. (4) Personnel meetings and interviews for open positions. B. Public Works: (1) Shop staff did major overhaul of the Bobcat Toolcat. (2) Wastewater staff has been very busy preparing for Sludge Removal to begin. (3) Water staff have been very busy with new water tank work. We have received 85% design drawings and next week will have 100% design drawings. (4) Staff has been working on digitizing shop drawings/As-Built drawings. Street personnel have been working on preparing for Grinding/Paving Project. Culvert replacements, prior to paving, R.O.W. Certification challenges, and review of MOA with the State DOT. (5) Administratively, we have been corresponding with Contractors, Design Engineers, FEMA work, Permitting Issues, and preparing for a very busy season C. Fire Department: The Seward Volunteer Firefighters held their annual Awards Banquet on Feb 28t. They want to express their sincere thanks to those council members who were able to attend. The volunteers love to share what they have accomplished over the past year- with those who support them. We also would like to mention the primary awards that were given for service by the volunteers over the past year 2014. • The volunteers responded to 349 calls in 2014. • Most response to calls - Wally Corrigan • Most training hours- Mike Vander Vegt The next two awards are recognition by the members of SVFD of their peers. • Distinguished Service Award-the member who has gone above the call of duty: Austin Chapman • Firefighter of the Year Award- the member who exemplifies what it means to be a dedicated and professional volunteer: Michael Vander Vegt. The Chief also presented two Chief Awards, to volunteers who on their own, took on and completed special projects, • John Underwood • Mike McHone The Seward Volunteer Firefighters again thank you for supporting them in their service to the community. Chief Eddie Athey D. Harbor: (1) The harbormaster attended a valuable AMLJIA risk management workshop that included the subjects of minimizing contractual liability and insurance. (2) Harbor worker Matt Chase is now certified as an Erosion and Sediment Control Lead. (3) The bid opening for the fish cleaning station was February 19. (4) The draft appraisal report was due February 20. J (5) The new 330 ton boat lift has arrived in Whittier and will be assembled in Seward starting on Tuesday February 24. Interested persons are welcome to watch the assembly process,but are requested to stay back a safe distance. (6) The SMIC Re-plat has been re-scheduled at the Planning and Zoning Commission on March 3. E. Parks And Rec: Report Attached r SPRD CMR The Parks Maintenance and Campgrounds Divisions continue to enjoy good weather for picnic table repairs, indoor projects and project preparation for activities such as tree-felling and ADA path installation. Seasonal positions will soon be advertised, as we anticipate an early visitor season, as well as outdoor sports seasons. The review and update of several plans are occurring at the public and professional level: Parks Inventory Plan; Integrated Pest Management Plan; Parks Maintenance Plan; the Gardeners' Booklet and the Memorial Guidelines Handbook to name a few. These plans will be incorporated into the SPRD Master Plan. Second Lake ice remains in good shape. Members of the public are encouraged to `like' the Parks Maintenance and Campgrounds Facebook page for accurate updates. A group will tour the Two Lakes Park Trail next week as a pre-planning step for a possible youth work crew. Sports and Recreation Division is preparing for spring and summer events, while wrapping up winter sports leagues. The Polar Bear Pink Cheeks Triathlon on-line registration is up and active. This event will occur the same day as the Community Health Fair in the AVTEC Gym. We have joined with the Community Health Center(CHC)to mutually promote both events. Adult softball leagues are just around the corner. Staff and players are discussing a `draft' program to develop a men's softball league with good parity. The Teen &Youth Center of course never slumbers. The TYC lower level continues to happily serve youth in grades K through 5th and then 6th through 8th grade in the evening. Participants are enjoying the outdoor weather and little tournaments in ping pong, pool and other fun games. Staff are prepared for a group of 20 students during Spring Break all-day Camps next week. Sport and Rec and the TYC will work together to host many upcoming Easter holiday events. The public are encouraged to follow SPRD Recreation and SPRD TYC on Facebook. The Seward Recreation Committee is promoting the Seward Chamber of Commerce's updated, free website, www.sewardevents.com. The new software can import your calendar(from your agency, club or business) on this one, centralized website, without a charge. The community asks each club and agency to use and promote the website. The more people who use www.sewardevents.com, the more and more valuable the tool will become. The Rec Com sends a special thank you to Chamber of Commerce Director, Cindy Clock for her vision and leadership in this project. The"Rec-list/website"project was one Action Team the Seward Rec Com selected and pushed through to completion. The Rec Corn Chair, Jody Tuck will present a brief quarterly report on the on-going activities of the Rec Corn to their appointing agency, the Seward City Council at the 7 pm Monday, March 9 City Council meeting. Upstairs, the Rec Room continues to create a buzz with the planning of an open music Jam, ala the local recording stars and would-tour band, Black Water Railroad. The first event will be held Thursday,March 26 in the Rec Room. Students and volunteers will bring instruments to share, a sound system and enthusiasm for helping high school youth celebrate music. The program may expand over time, with the support of Black Water Railroad, the Music Boosters and the Seward Arts Society. SPRD thanks and credits TYC Teen Council President, Maria Jackson, with the concept and initial enthusiasm. 5 Admin The Parking Department will begin advertising seasonal positions and interviewing. Work continues on the updating of the SPRD Master Plan. The Seward Prevention Coalition (SPC) continues to study Seward data and prepare grant reports to promote a healthier Seward through healthier young adults, based on `best practices' and hard, local data. The SPC provided input to the upcoming community health survey last week. SPRD staff met with Project Manager Rick Wise regarding alternative sites for the Williams Park Restroom project. The secondary SPRD Warehouse assessment from PND Engineers, Inc was forwarded to the City Manager with recommendations for action. SPRD is ripe with volunteer opportunities all year and especially this time of year. If you like working outdoors and with your hands, we have a place for you. If you enjoy working with kids, we have a place for you. If you don't like people, but enjoy working alone, we have(important!) tasks for you. No matter what your niche, if you have time on your hands that you would prefer to donate to your community,please call our SPRD Human Resources officer, Kari Atwood, 224.4067, before 4 pm. Note: background checks may be required for certain assignments. to MEMORANDUM a of Sew: City of Seward 4�ASM�P Date: February 24, 2015 To: Seward City Council From: Planning and Zoning Commission Donna Glenz, Planner(L�� Subject: Planning and Zoning Semi-Annual Report(September 1, 2014—February 28, 2015) September • Regular meeting was canceled and an extensive quarterly work session with the Seward Bear Creek Flood Service Board was held to review the DFIRM Coastal Study Flood Maps. • September 9 a public open house with FEMA on the Coastal Study Maps • Work Session -Canceled October • Regular Planning and Zoning meeting • 3 Commissioners attended the Alaska Planning Conference training in Anchorage • Commission held their regular scheduled work session on the final review of the 2014 updates for the Municipal Lands Management Plan and a review of City Code provisions for Communication Towers and Warehouse/Distribution. November • Regular Planning and Zoning meeting — held a public hearing and approved the recommendation to Council on the adoption of the Municipal Lands Management Plan (2014 updates) • Approved a six month extension of the Height Variance and Conditional Use Permit for the construction of four, 40-foot-tall petroleum storage structures on Lot 2, Block 2, Leirer Industrial Subdivision. • Approved the meeting and work session dates for the 2015 schedule December • Regular Planning and Zoning meeting was canceled. • Joint work session with the Seward Bear Creek Flood Service Board (see attached agenda) • December work session was canceled January • Regular meeting — held a public hearing and approved the recommendation to City Council to amend portions of the City Code to allow warehouses and / or distribution within the Resource Management District, by Conditional Use Permit. • Work session on the review and update of the annual priorities in preparation for annual work session with Council. Reviewed and discussed a DVD training on Storm Water and Flood Hazard. February • Joint work session with City Council to discuss and set the Planning and Zoning Commission annual priorities for 2015 • Regular meeting — held the public hearing and approved the Conditional Use Permit for the North Forest Acres Water Tank. • Work session was canceled 2 December 2, 2014 Joint Work Session City of Seward Planning&Zoning Commission Seward/Bear Creek Flood Service Area Board Discussion topics: • Introductions&Overview of SBCFSA • State DCCED Grants Flood Mitigation Projects o USACE Section 205 Feasibility Study,and Construction Phase o City Dairy Hill Drainage Improvement Project o Kwechak Creek (KC9) Bank Stabilization/Revetment o Salmon Creek Land Acquisition & Reclamation • Resurrection River Conservation Parcel • FEMA Coastal Study update • DGGS Alpine Study • Upward Bound High School Project 5 Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2015-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE REVISED CITY OF SEWARD "ALL EMPLOYEE" DRUG, ALCOHOL AND MARIJUANA POLICY WHEREAS, the City of Seward Personnel Regulations may be revised or modified from time to time based on changing conditions; and WHEREAS,the City Council approves personnel policies and procedures developed by the City Manager; and WHEREAS,the Administration has determined that the attached revised drug,alcohol and marijuana policy is in the best interest of the City of Seward and its personnel. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA,that Section 1. The City of Seward's revised"all employee"drug,alcohol and marijuana policy attached to this resolution is hereby approved. Section 2. This resolution shall take effect 30 days upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward,Alaska,this 9th day of March, 2015. THE CITY OF SEWARD,ALASKA Jean Bardarson,Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 1 0 Council Agenda Statement Meeting Date: March 9, 2015 °f se�q�+ 1 1 � ° To: City Council a�A KP From: James Hunt, City Manager Agenda Item: Approving the revised City of Seward "All Employee" Drug, Alcohol and Marijuana Policy BACKGROUND & JUSTIFICATION: The current City of Seward"All Employee"drug and alcohol policy was modified in 2009.Based on the recent legalization of marijuana sales in Alaska,a thorough review of this policy was conducted. The City of Seward has two drug and alcohol policies. The City is mandated under the 49 Code of Federal Regulations (CFR) to have drug testing for all employees whose employment requires a Commercial Driver's License(CDL). This regulation requires random drug and alcohol testing of all CDL drivers. This program is federally mandated and there are no changes to this policy at this time. The City of Seward also requires an "All Employee" drug and alcohol policy to enforce the commitment to a drug free work environment. Some minor changes have been made to the existing policy. Track changes have been included for a quick reference. The most notable change to the policy is to reiterate that the City of Seward is required to provide a drug free work place due to the fact that we receive federal grants and have contracts over $100,000.00. With the legalization of marijuana sales in Alaska,nothing has changed in our current policy; the City has been and will continue to test for marijuana. Our current"All Employee"policy includes drug testing of all new or returning employees prior to reporting for work. A negative drug test will also be a condition of employment for safety-sensitive and public safety positions. Again, nothing has changed. Random drug testing for all employees is not legally enforceable. The City of Seward is a municipality and does not have the same rights as a private employer in regards to random testing. The City would be violating an employee's right to privacy if random testing was required of all City employees. The Personnel Officer has worked in,collaboration with Beacon Worksafe and the City Attorney to ensure this policy in is compliance with industry standards. It is the recommendation of the City Manager and the Personnel Officer that you adopt this updated policy language. INTENT: To pass a resolution to adopt changes to the current City of Seward"All Employee"Drug,Alcohol and Marijuana Policy. 11 CONSISTENCY CHECKLIST: Yes No N/A 1 Comprehensive Plan (Increase public sector employment and X programs): Section 3.1.2 2. Strategic Plan (Attract more public sector funding): Page 6 X 3. Seward City Code 3.70. Standards Relating To Drugs and Alcohol X FISCAL NOTE: There is no financial cost for this revision. Approved by Finance Department: *Clerk Note: unavailable for signature at the time of packet preparation ATTORNEY REVIEW: Yes X No The"all employee" drug, alcohol and marijuana policy has been reviewed by the City of Seward's Attorney. The policy'is written to the extent enforceable by law. RECOMMENDATION: Council approves Resolution 2015-016,approving the revised City of Seward"all employee"drug, alcohol and marijuana policy. 1 ._ City of Seward "All Employee" DRUG1-AI4D ALCOHOL, AND MARIJUANA POLICY AND PROCEDURES MANUAL Non-DOT Policy ( 3 TABLE OF CONTENTS Page TABLE OF CONTENTS Page SECTION I- INTRODUCTION AND GENERAL INFORMATION A. Drug,acid-Alcohol, and Marijuana Prohibition Policy B. Effective Date of Policy C. Applicability D. Circumstances Under Which Testing May Be Conducted SECTION II -CONSEQUENCES OF VIOLATING POLICY A. General B. Violations and Discipline C. Requirements For Return-To-Duty SECTION III -SAMPLE COLLECTION AND TESTING PROCEDURES A. Collection of Samples B. Testing Procedures C. Review of Drug Testing Results SECTION IV-EMPLOYEE ASSISTANCE PROGRAM (EAP) A. Scope of Program B. Supervisory Training SECTION V-CONFIDENTIALITY OF RESULTS A. General SECTION VI- DEFINITIONS 2 1 I January 2015 DRUGS AND-ALCOHOL,AND MARIJUANA POLICY SECTION I. INTRODUCTION AND GENERAL INFORMATION I A. Drug,afld-Alcohol, and Marijuana Prohibition Policy 1. Policy. The City of Seward (City) has a long-standing commitment to maintain the highest standards possible for the health and safety of its employees, customers, clients, and the public at large. The use of or impairment by drugs, and/or alcohol, and/or marijuana during work time is contrary to these high standards and will not be tolerated. The City of Seward is still a drug free work place, despite the legalization of marijuana sales and/or personal use in Alaska. MARIJUANA IS STILL CONSIDERED AN IMPAIRING SUBSTANCE (DRUG) UNDER THIS POLICY. Unless otherwise specified within this policy, marijuana is considered a"controlled substance." 2. Purpose. The purpose of this Drug, aAlcohol, and Marijuana Policy ("Policy") is to maintain the highest safety, health, and work performance standards possible, and to reduce work-related accidents, injuries, and damage which may be caused by drug, of alcehetalcohol or marijuana use or impairment. This policy is also intended to ensure the maintenance of productivity, the quality of products and services, and the security of property. 3. Prohibited Conduct. The following conduct is prohibited, -•: ••. -.. , . - te d including and will result in discipline,-fec which may include dismissal: a. The unauthorized use, possession, manufacture, distribution or sale of an illegal drug, controlled substance or drug paraphernalia on or in City-owned property (including City-supplied vehicles) or while on City business, or during working hours. b. Storing any illegal drug, drug paraphernalia, or any controlled substance whose use is unauthorized, in or on City-owned or supplied property(including vehicles). c Reporting to work, working, or acting or appearing on behalf of the City while under the influence of alcohol and/or marijuana, illegal drugs, or a controlled substance whose use is unauthorized. d. Failing to notify the employee's supervisor before beginning work that the employee is taking medications or drugs which may interfere with the safe and effective performance of duties. e. Refusing to immediately submit to a drug or alcohol test when requested by the City, in accordance with this policy. f. Failing to adhere to the requirements of any drug or alcohol treatment or rehabilitation program in which the employee is participating, either: (1) as a condition of continued employment, or (2) pursuant to a written agreement between the City and employee. g. Violating any criminal drug law or statute on or off duty. h. Violating any alcohol and/or marijuana law or statue while working. 3 ) 5 January 2015 Failing to notify the City of any arrest or conviction under any criminal drug alcohol _ rnai_dua law or statute by the next work day following the arrest or conviction. j. Testing positive for drugs,a-alcohol, and/or marijuana in violation of this policy. k. Tampering with, adulterating, altering, substituting or otherwise obstructing any drug or alcohol testing process required under this policy. Reporting to work or remaining on duty requiring the performance of a safety sensitive function "as -defined--by- -(-the_section--o€ •• .- - -- - . - .- ' .. " " while having an alcohol concentration of greater than .04Note see section ill B.--6), or if the employee is otherwise impaired by or under the influence of alcohol and/or marijauna. The City has defined "safety sensitive" positions in addition to drivers holding CDLs to include the following: (i) All personnel who routinely maintain or operate heavy equipment or apparatus not otherwise classified as CMVs, and police, fire, and ambulance apparatus; (ii) All personnel who come in contact with, or could reasonably be expected to come in contact with, public safety information regarding confidential drug and related investigations and operations; (iii) All personnel whose lob responsibilities require them to carry, or be licensed to carry, a firearm; and (iv) All personnel whose lob responsibilities require them to treat and attend to injured or ill members of the public. Safety sensitive positions shall be designated by the City Manager. Positions so designated include, but are not limited to, the following: Chief of Police Administrative Assistant(Police) Police Lieutenant Police Sergeant Police Corporal Police Officers Police Dispatch Supervisor Police Dispatchers Correctional Officer Sergeant Correctional Officers Animal Control Officer Animal Control Assistant Fire Chief Deputy Fire Chief Fire Department Volunteers Harbormaster Deputy Harbormaster Harbor Worker Ill Harbor Worker II City Manager Assistant City Manager Personnel Officer(s) Other positions may be designated as deemed appropriately by the City Manager. m. Consuming or using alcohol and/or marijuana in the work place or while on duty, or while performing a safety sensitive function. n. For employees reporting to work a regularly scheduled shift, within eight hours of consuming or using alcohol and/or marijuana. On-call employees who are requested to report to work before or after a regularly scheduled shift to perform a safety sensitive function and have consumed alcohol and/or marijuana within the 4 l �O January 2015 previous eight hours must acknowledge the use of alcohol-and may not report for duty. B. Effective Date of Policy 1. This policy will become effective on Ap_rjl 8F broary-25, 2015January 11, 2010. 2. Each department head shall post the Policy in a prominent location readily accessible to all covered employees. 3. A copy of this Policy will be distributed to each employee, who will be required to sign a statement acknowledging receipt of said Policy and his/her agreement to comply with same. C. Applicability 1. Individuals Subject to Drug, Alcohol, and Marijuana Policy: Any prospective employee or employee of the City. The City reserves the right, within the limits of federal and state laws, to examine and test for the presence of drugs. Under the conditions of this Policy. at the sole discretion of the City, applicants or employees may be required to take a medical examination and/or take a urine, blood or oral fluids test. Testing will be conducted IAW industry standard processes and procedure, including the use of Quick/Instant tests. Saliva testing will be administered when required by contract, or for any other reason the City may deem necessary. Federal Drug Testing procedures will be utilized to the extent as-reasonably possible. 2. Substances Tested For and Positive Results. The City shall test for alcohol and the following drugs based on the following criteria: Urine Testing Screening and Confirmation Levels Confirmatory Test Initial Test Cutoff Confirmatory Test Cutoff Initial Test Analyte Concentration Analyte Concentration Marijuana metabolites 50 nq/mL THCA1 15 nq/mL. Cocaine metabolites 150 nq/mL Benzoylecgonine 100 nq/mL. Opiate metabolites 2000 nq/mL Codeine 2000 ng/mL. Codeine/Morphine2 Morphine 2000 ng/mL. 6—Acetylmorphine 10 nq/mL 6—Acetylmorphine 10 nq/mL. Phencyclidine 25 nq/mL Phencyclidine 25 nq/m L. Amphetamines3 500 ng/mL Amphetamine 250 nq/mL. AMP/MAMP4 Metham.hetamine5 250 n./mL. MDMA 250 nq/mL. MDMA6 500 nq/mL MDA7 250 nq/mL. MDEA8 250 ng/mL. 1 Delta-9-tetrahydrocannabinol-9-carboxylic acid(THCA). 2 Morphine is the target analyte for codeine/morphine testing. 3 Either a single initial test kit or multiple initial test kits may be used provided the single test kit detects each target analyte independently at the specified cutoff. 4 Methamphetamine is the target analyte for amphetamine/methamphetamine testing. 5 11 January 2015 5 To be reported positive for methamphetamine,a specimen must also contain amphetamine at a concentration equal to or greater than 100 nq/mL. 6 Methylenedioxymethamphetamine(MDMA). 7 Methylenedioxyamphetamine(MDA). 8 Methylenedioxyethylamphetamine(MDEA). Testing by Evidential Breath Testing Device Screening - .02-.039(out of service) Confirmation- .04 or greater (positive) SAMHSA specified threshold Test results at or above the confirmation level will be considered a positive test. Screening levels. TH.G_( Aarijuana) 50 nglsnt .-- 300 l -Opiates 3008-fit PGR(P cyclidine)- -2-5-n9MA Amphetamines— 4-000-nglml - --a 000-►glml Alcohol -- -.033S-net Confirmation-levels-{6E/MS-}': T-HC-{Marijuana} - -1-5*ngimi Cocaine Metab.-- a 50 l Opiates---2000+-nglml 2 nglml Amphetamines---500+-eglrel - 500 g1re1 • - - • - - SAMHSA specified threshold Test results -level-will-be-considered apositive test. D. Circumstances Under Which Testing May Be Conducted The City will test employees for drugs and/or alcohol under the following conditions: 1. _.•. _ . . •• • o - ! .__ e• Pre-Employment Testing (Drugs Only). 6 IC3 January 2015 a. A pre-employment drug test of all prospective employees and promotions/ transfers to safety sensitive positions, will be conducted. ^ pe hive test ult is .. ._ -• _ _ •: Failure to take and successfully pass the urinalysis drug test shall disqualify the employee of employment. aA negative result is required prior to reporting for work. b. Pre-employment urinalysis, blood, or saliva tests are valid for 30 days and must be retaken if the individual is not hired within this timeframe 1-2. Condition of Employment Testing of Safety-Sensitive and Public Safety Positions. A negative drug test will be a condition of employment for safety-sensitive and public safety positions. a. A non-safety sensitive employee who transfers, is promoted, demoted, rehired, or is reinstated, to a safety-sensitive position shall be required to complete a condition of employment drug test. b. Police and fire department employees who transfer, are promoted, demoted, rehired, or reinstated to another position are required to complete a condition of employment drug test. c. Failure to take and successfully pass the urinalysis drug test shall disqualify the employee of employment. 3. Post-Accident Testing a. Persons Subject to Post-Accident Testing. Employees-involved-in-oh -to an-accident ##e . _. . e- - - • , - e: - - - below, w+ll-fie required 10-undergo . -. .•. . _ -:•: ._. •- -• testing. &Jsh-,a-hest-wits be-soadooted as soec as practicable-after-the accident. Any-njury-should-be treated-first- Employees - - •• - • -- - . . :--e•-e -- - -- = - - - - - - •- • - - --- • •- - - - aseiday involved in an accident or who have contributed to an accident in the workplace or during work time will be required to undergo drug and/or impairment testing. Such a test will be conducted as soon as practicable after the accident, but not later than 32 hours after the accident for drugs and not later than 8 hours for . The City will make will direct the employee to a facility qualified to obtain a sample, -- -=-- --- - -=- - - - - • - •- - , from an the employee after an accident, as defined below, but any injuriesy should will be treated first. . •_ .....e-• - ._ - _.- - - : Under this Section, -Aan accident may-involve-is defined as any of the following: * Loss of human life,or-iufy to self or others beyond first aid * Issuance of a moving traffic citation under state or local law. *Medical treatment of an injury to the employee or others, other than involving irury-beyend first aids *Any injury resulting in loss of work, or 719 January 2015 * Issuance of a moving traffic citation to the employee under state or# local law, involving property or vehicle damage in excess of$1,000 Other property damage in excess of$1,000 b. Obligations of Employee Subject to Post-Accident Testing. 4,0 Report the accident to the police, department head and personnel officer immediately following an accident. 2,0 An employee who is subject to post-accident testing shall not consume alcohol and/or marijuana for 8 hours after the accident, or until s/he has taken a drug and-n alcohol test, whichever occurs first. 3,(iii) An employee who is subject to post-accident testing must remain readily available for such testing and may not take any action to interfere with the testing or the results of testing. 4.(iv) An employee who is subject to post-accident testing is immediately relieved of his/her duties and will be placed on paid administrative leave, pending results of the required testing or release to work by a certified medical professional,., Employees who do not comply with the post-accident testing requirements, or who fail or refuse to provide a sample for testing, will be considered to have refused to submit to testing and will be subject to appropriate disciplinary action, including termination. 4. Reasonable Suspicion Testing Any employee whom the City reasonably suspects may be affected by the use of drugs, er alcohol, or marijuana which may adversely affect job performance, safety, or that constitutes a violation of this policy may be required to submit to a drug and/or alcohol test. Reasonable suspicion testing is done to identify drug, arld alcohol, and/or marijuana affected employees who may pose a danger to themselves or others in their job performance. Trained supervisors will make the decision whether there is reasonable suspicion to believe an employee is impaired by or under the influence of a drug,-ter alcohol, or marijuana while on duty in violation of this policy. a. When Reasonable Suspicion Exists The decision to test must be based on a reasonable and articulable suspicion or belief that the employee is under the influence of an unauthorized drug,-or alcohol, or marijuana. Reasonable suspicion is a belief based on contemporaneous articulable observations concerning the employee's appearance, behavior, speech or body odors, or other reliable evidence or nferrnatien: thatinformation that the employee is under the influence of or impaired by drugs or alcohol. For example, any of the following, either alone or in combination, may constitute reasonable suspicion: Slurred speech; ii Irregular or unusual speech patterns; :(iii) Impaired judgment; 4(iv) Alcohol odor on breath; 5:(v) Uncoordinated walking or movement; 8 20 January 2015 6={vi) Unusual or irregular behavior such as inattentiveness, listlessness, hyperactivity, hostility,or aggressiveness; 7(vii) Possession of drugs,or-alcohol, or marijuana; &(viii) Observation of drug,-or alcohol, or marijuana use prior to reporting to work or during working hours. Reasonable suspicion determinations will only be made by supervisory personnel who have received training concerning the signs and symptoms of drug - an alcohol, and marijuana use. The observing supervisor shall document the events and record the behavioral signs and symptoms that support the reasonable suspicion. If possible, a second supervisor should also observe the employee to verify that there is a reasonable basis to believe that a drug,-or alcohol, or marijuana violation has occurred. b. Events After Determination Is Made When a determination is made that reasonable suspicion exists that an employee is under the influence of drugs,_-or-alcohol, or marijuana in violation of this policy, the employee shall be immediately relieved of his/her duties, pending further action. The observing supervisor shall immediately notify the department head or other appropriate supervisor if reasonable suspicion is found to exist. Upon review, the department head or other appropriate supervisor may direct or authorize that the employee in question immediately submit to a drug and/or alcohol test. c. Reports of Possible Violation by Supervisory Personnel If a non-supervisory employee has reason to believe that a supervisor subject to this policy is under the influence of drugs, or-alcohol, or marijuana at work in violation of this policy, then s/he shall report such potential violation to the Personnel Officer who will there--after immediately take appropriate action. 5. Return-to-Duty Testing An employee who refuses to take or fails a drug test and whose employment is not terminated may not return-to-duty until s/he is evaluated by the Substance Abuse Professional (SAP), passes a drug test, and the Drug Program Manager has determined that the employee may return to work. An employee who refuses to take or fails an alcohol test and whose employment is not terminated may not return to work until the employee is evaluated by a Substance Abuse Professional and has completed the recommended treatment. 6. Follow-Up Testing An employee who is referred for assistance related to drug or alcohol misuse may be subject to unannounced follow-up testing for a period not to exceed 60 months, as directed by the SAP. The number and frequency of follow-up testing will be determined by the SAP and the City, but will not be less than six tests in the first 12 months following the employee's return to duty. Follow-up testing will be conducted immediately prior to, during or immediately preceding work time for that employee. 9 2 January 2015 SECTION II. CONSEQUENCES OF VIOLATING POLICY A. General Compliance with this policy is a condition of employment. Refusal to take a required drug or alcohol test, a positive drug or alcohol test, or engaging in an activity or behavior which otherwise violates this Policy shall, at a minimum, result in removal from performing assigned functions. Additional disciplinary action may follow, including termination. B. Violations and Discipline The City may take adverse employment action, up to and including dismissal, based on: 1. A positive drug or alcohol test result; 2. A criminal conviction for a drug offense, on or off duty; 3. A prospective employee or employee's refusal to provide a drug or alcohol testing sample; 4. An employee's failure to notify the employee's supervisor, before beginning work, that the employee was taking medications or drugs which might interfere with the safe or effective performance of duties; 5. Verification of valid current prescription or legal use of such drug is not provided upon request by the next scheduled work day; 6. Misuse of the prescription or recommended drug; or 7. Otherwise violating the terms and requirements of this policy. Potential adverse employment action may include one or more of the following: 1. A requirement that the employee enroll in a City-provided or approved rehabilitation, treatment or counseling program. This program may include additional drug and alcohol testing. Participation in such a program is a condition of employment. Costs of participating in such a program will be borne by the employee; 2. Suspension, with or without pay. 3. Termination of employment; 4. In the case of drug testing, refusal to hire the prospective employee; and/or 5. Other or additional adverse employment action, at the election and discretion of the City _..... - . • _ - . . _ •. -. yee ##er+rg-from 10 2 2, January 2015 C. Requirements For Return-To-Duty An employee who is not terminated for violating this policy may be given the opportunity to return to work provided s/he first: 1. Receives a recommended return to work evaluation by a SAP and the Medical Review Officer; 2. Passes a Return to Work drug and/or alcohol test; 3. Continues to receive negative drug or alcohol test results in follow-up tests after returning to duty; and 4. Participates in and successfully completes any applicable City approved evaluation/rehabilitation program. SECTION III. SAMPLE COLLECTION AND SAMHSA TESTING PROCEDURES A. Collection of Samples 1. Testing under this policy is a urinalysis (for drugs) and an evidential breath testing device (for alcohol) administered under approved conditions and procedures conducted for the sole purpose of detecting drugs or alcohol. Other on-site methods to detect the presence of alcohol may also be used, including blood/alcohol and saliva tests. 2 The test will be conducted by a City-appointed medical laboratory and paid for by the City. Sample collection and testing will be performed under reasonable and sanitary conditions. 3 The collection site shall have all necessary trained personnel, materials, equipment. facilities, and supervision to provide for the collection, security, temporary storage, and shipping or transportation of specimens to a certified drug-testing laboratory designated by the City. An independent medical facility may also be utilized as a collection site. 4.2. The test will be collected by the Providence Seward Medical Center or a certified medical laboratory and paid for by the City. The medical laboratory is responsible for the proper testing and to ensure the proper chain of custody for the test sample collected. 5 3 All drug test samples will be collected by the split sample collection method. However, if a split sample is not collected, the single sample will be collected and sent to the laboratory for testing. 6 4 The person collecting the drug sample will document the sample, including labeling the sample to preclude to the extent reasonable the possibility of misidentification of the person tested in relation to the test result provided. 7 5 The person collecting the sample shall provide the person to be tested with an opportunity to provide medical information that may be relevant to the test, including identifying current or recently used prescription and nonprescription drugs. 86. Sample collection, storage, and transportation to the testing place shall be performed in a manner reasonably designed to preclude the possibility of sample contamination, adulteration or misidentification. 11 Z 3 January 2015 97. An employee designated for testing must provide reliable individual identification to the person collecting the sample. 108. With the exception of pre-employment drug tests, drug and alcohol tests will normally be scheduled during, or immediately before or after, the employee's regular work period or work_time. With the exception of pre-employment drug tests, testing under this policy is considered work time and will be compensated at the employee's normal rate of pay. 119. Sample collection will be performed in a manner which ensures the individual employee's privacy to the maximum extent consistent with ensuring that the sample is not contaminated, adulterated, or misidentified. 120. The City will pay the entire actual costs for drug and alcohol testing required of employees and prospective employees. The City shall also pay reasonable transportation costs to an employee if the required test is conducted at a location other than the normal work site. B. Testing Procedures 1. Unless testing is conducted on-site, the City shall use a drug-testing laboratory approved or certified by the Substance Abuse and Mental Health Services Administration (SAMHSA). 2. If non-instrumented drug tests are used then the Collector must perform the on-site tests in the presence of the donor. In on-site testing, an employer may only use products approved by the Food and Drug Administration for employee testing and shall use the products in accordance with the manufacturer's instructions. All presumptive positive tests results must be sent to the SAMSHA Laboratory for confirmation testing before any employment action can be taken. 3. The laboratory shall permit inspections by the City Personnel Officer. 4. The City may at times use a rapid test kit. If the rapid test is positive, the sample will be sent to the designated laboratory for confirmation. 5. Positive drug tests will be confirmed by a gas chromatography mass spectrometry. The City will not rely on a positive drug test unless the confirming drug test results have been reviewed by a licensed physician or doctor of osteopathy. 6. Alcohol testing will be performed by a breath alcohol technician (BAT). If the result of an alcohol screening test is an alcohol concentration of greater than ..04 or greater, a confirmation test will be performed. The confirmation test will generally be done within 15, but not more than 30, minutes of the screening test. The results of these tests will be reported directly to the City. C. Review of Drug Test Results 1. Medical Review Officer. The City shall contract the services of a Medical Review Officer (MRO). The MRO shall be a licensed physician or doctor of osteopathy. The MRO shall review all confirmed positive drug test results and interview individuals tested positive to verify the laboratory report. The MRO, in conjunction with the Substance Abuse Professional, may also evaluate and recommend to the City whether and when an employee who either refuses 12 2 L1 January 2015 to test or tests positive may return to work. 1-he-_ARO-----81ay---schedule—fellow-up waanrae+ ssed-#eg testing for a ref- p-1 60 months: 2. Reporting and Review of Results. a. The MRO shall review confirmed positive test results. This review shall be performed by the MRO prior to the transmission of results to the City's Personnel Officer. b. The MRO shall contact the employee within 48 hours and offer an opportunity to discuss the confirmed test result. c. The MRO will inform the employee that s/he has 72 hours to request a re-test of the split or single sample. A re-test is an analysis of the second split sample bottle or an aliquot of the original sample. The re-test can be sent to a laboratory approved or certified by the Substance Abuse and Mental Health Services Administration. The employee will be responsible for the costs of the re-test and will be reimbursed by the City only if the sample comes back negative. 3. Legal Drug Use. If the MRO determines there is a legitimate medical explanation for the positive test result, the MRO shall report the test as negative. Test results that have been caused by prescription medication will be reported as negative. 4. Written Test Results. An employee may obtain a copy of the written test results only upon written request made within six months of the date of the test. The City will provide the written test results to the employee pursuant to that request within five working days of its receipt. 5. Explanation of Positive Test by Employee. An employee who would like an opportunity to explain a positive test result in a confidential setting must make such a request in writing within 10 working days of being notified of the test result. An employee who submits such a timely written request will be given the opportunity, within 72 hours after its receipt or before taking adverse employment action, to explain the positive test in a confidential setting. SECTION IV. EMPLOYEE ASSISTANCE PROGRAM (EAP) A. Scope of Program The Employee Assistance Program will provide education and training on drug and alcohol use to all employees. The education shall include: 1. Informational material distributed to employees as well as displayed on bulletin boards, employee break rooms, locker rooms, etc.; 2. A community service hot line telephone number for employee assistance displayed on bulletin boards and distributed to employees; and, 13 25 January 2015 3. Distribution of the City policy regarding the use of prohibited drugs and alcohol to all new employees. The policy shall be displayed in prominent places throughout the City (i.e., employee bulletin board, break room, locker rooms). B. Supervisor Training Supervisory personnel will receive training regarding the DRUG, AND ALCOHOL, AND MARIJUANA POLICY. The training shall include at least 60 minutes of training on the use of controlled substances, and at least 60 minutes of training on alcohol misuse. This training shall be for all supervisors who may determine whether an employee will be drug and alcohol tested for reasonable suspicion. SECTION V. CONFIDENTIALITY OF RESULTS A. General 1. All records relating to drug and alcohol testing will be maintained in a confidential medical file in a secure location with controlled access, separate from personnel files. 2. Any communication received by the City relevant to drug or alcohol test results and received through the City's testing program is confidential and privileged, and will not be disclosed by the City except: a. To the tested employee, prospective employee or another person designated in writing by the employee or prospective employee; b. An individual designated by an employer to receive and evaluate test results or hear the explanation from the employee or prospective employee; c. As ordered by a court or governmental agency; or d. In any proceeding initiated by or on behalf of the individual and arising from a positive test. B. Drug Personnel and Services 1 SERVICE AGENT (SA) Beacon/WorkSafe 800 Cordova Street/ 300 West 36"'Avenue Anchorage, AK 99501 2. MEDICAL REVIEW OFFICER (MRO! Dr. David Nahin 9501 Northfield Blvd Denver, CO 80238-3536 907-222-7612 FAX -907-787-2215 3. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION (SAMHSA) LABORATORY Pathology Associates Medical Laboratory 110 West Cliff Avenue Spokane, WA 99220 14 2 January 2015 4. COMPANY DESIGNATED EMPLOYER REPRESENTATIVE (DER) Personnel Officer City of Seward P.O. Box 167 Seward, AK 99664 907-224-4074 . 300 West 36 'x -99503 __..2- --MGDIVnG-RGVTEW VFTfVED { ) -1Dc:-Stepbeg- &c-MID la�e�Blvd., Suite 3. -AIDS€-AN ME-NTAL HE H- VICES ION -R-at oIogy watery ---11604 4. EMPLOYEE ASSISTANCE PROGRAM —see Appendix A SECTION VI. DEFINITIONS. Alcohol means ethanol, isopropanol, or methanol. Alcohol concentration means the alcohol in a volume of breath expressed in terms of grams of alcohol - per 210 liters of breath-as indicated by an evidential breath test. Alcohol Use means the consumption of any beverage or mixture, including any medication or mouthwash containing alcohol. Breath Alcohol Technician (BAT) means an individual who operates an EBT and instructs and assists individuals in the alcohol testing process. Collection Site Person Is an individual authorized by the City of Seward to collect samples in accordance with this policy and trained in procedures for such collections. The City of Seward has chosen to follow the highest industry standards for work place collection, testing, and reporting of test results; therefore, The City of Seward procedures will attempt to follow, as a quide only, the federal drug testing procedures. Drug(s) means a substance considered unlawful under AS 11.71 or under federal law, or the metabolite of the substance. Drug Testing means testing for evidence of the use of a drug. Evidential Breath Testing Device (EBT) is a device approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath, and is placed on NHTSA's "Conforming Products List"(CPL) of evidential breath measurement devices. 15 21 January 2015 Employee Assistance Program (EAP) means a confidential counseling/referral service for employees and their dependents. EAP is designed to provide assistance to employees and their families to deal with personal problems which may affect their productivity, health, or continued employment. All counseling, assessment, and referral services will be provided by qualified, experienced clinicians with special training in short-term counseling and in assessing and treating substance abuse problems. (See SAP.) Failing A Drug Test shall mean the test results show positive evidence of the presence of a drug or drug metabolite in an employee's system in amounts that exceed cutoff levels established by this policy. Medical Review Officer (MRO) is the licensed physician or doctor of osteopathy who is responsible for reviewing positive laboratory results generated by The City of Seward testing program. Prospective Employee means a person who has made application to an employer, whether oral or written, to become an employee. Safety Sensitive Position is defined as and includes the following positions within the City: A, B, C, etc. Sample means urine or breath from the person being tested. Screening Test or Initial Test means an analytic procedure to determine whether an employee may have a prohibited concentration of drugs or alcohol in a specimen. Rapid Test means a test designed to provide an instant screened test result. Refusal to submit means failure to cooperate and provide a drug or alcohol sample, after receiving notice of the test in accordance with The City of Seward Drugl-and Alcohol, and Marijuana Policy. A refusal will be treated the same as a positive test result. A refusal to test for alcohol occurs when a covered employee fails to provide an adequate breath for testing without a valid medical explanation after receiving notice of the requirement to be tested in accordance with the provisions of The City of Seward alcohol misuse provention plan or engages in conduct that clearly obstructs the testing process. Substance Abuse Professional (SAP) means a licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor ("Certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission or by the International Certification Reciprocity Consortium/Alcohol & Other Drug Abuse")with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance related disorders. 16 January 2015 Appendix A Employee Assistance Program We all have problems from time to time, and usually we can cope with them on our own. Sometimes, however, we need outside help. The City of Seward provides all I regular, full-time employees with a Health Care Plan administered by RBMS, LLC a Meritain Health Company. The plan offers partial coverage for Alcoholism and Drug Addiction-Inpatient and Outpatient treatment. Please contact the number listed on the back of your insurance card for more information. Below is a list of rehabilitation resources that may help you. Drug Alcohol Counseling Rehabilitation Resources Alaska Council on Prevention of Alcohol & Drug Abuse 800-478-7738 Akeela House, Inc. 907-561-5266 Alaska Addiction Rehabilitation Services 800-376-4535 907-376-4534 Alaska Aviation Toxicology 800-478-3783 907-451-3784 Alaska Human Services 907-561-4535 Alaska Youth & Parent Foundation 907-274-6541 Alcoholics Anonymous 907-272-7860 Alcoholism 907-243-1181 907-276-2898 I Beacon WorkSafe, Inc. 907-563-8378 Betty Ford Center 800-854-9211 Center for Drug Problems 907-276-6430 Charter North Star Behavioral Health System 907-258-7575 17 2 c) January 2015 Charter North Counseling Center - 907 561 7576 Church of Scientology of Anchorage -- -- --- -- 907 336 6086 . r. . . • • G O • - ---800-5334046: Genesis House, Inc. 907-243-5130 Lakeside Milam Recovery Centers (Washington) 800-231-4303 Pacific Rim Counseling, Inc. 907-349-0077 Providence Breakthrough 907-562-7325 Residence XII for Women 800-776-5944 Salvation Army 907-243-1181 Seaview Community Services 907-224-5257 Seward Community Health Center 907-224-2273 Seward Providence Medical Center 907-224-5205 Starting-Poi — 97-562-6416 Sundown M Ranch (Washington) 509-457-0990 Valley General Hospital Alcohol/Drug Recovery Center 360-794-1405 (Monroe, WA) W-orkSafe,Inc. -907-563 8378 18 3Chi January 2015 City of Seward "All Employee" DRUG, ALCOHOL, AND MARIJUANA POLICY AND PROCEDURES MANUAL Non-DOT Policy 3 ( TABLE OF CONTENTS Page SECTION I -INTRODUCTION AND GENERAL INFORMATION 3 A. Drug, Alcohol, and Marijuana Prohibition Policy 3 B. Effective Date of Policy 4 C. Applicability 5 D. Circumstances Under Which Testing May Be Conducted 6 SECTION II -CONSEQUENCES OF VIOLATING POLICY 9 A. General 9 B. Violations and Discipline 9 C. Requirements For Return-To-Duty 10 SECTION III -SAMPLE COLLECTION AND TESTING PROCEDURES 10 A. Collection of Samples 10 B. Testing Procedures 11 C. Review of Drug Testing Results 11 SECTION IV-EMPLOYEE ASSISTANCE PROGRAM (EAP) 12 A. Scope of Program 12 B. Supervisory Training 13 SECTION V-CONFIDENTIALITY OF RESULTS 13 A. General 13 B. Drug Personnel and Services 13 SECTION VI -DEFINITIONS 14 APPENDIX A 16 2 32 January 2015 DRUG,ALCOHOL,AND MARIJUANA POLICY SECTION I. INTRODUCTION AND GENERAL INFORMATION A. Drug,Alcohol, and Marijuana Prohibition Policy 1. Policy. The City of Seward (City) has a long-standing commitment to maintain the highest standards possible for the health and safety of its employees, customers, clients, and the public at large. The use of or impairment by drugs, alcohol, and/or marijuana during work time is contrary to these high standards and will not be tolerated. The City of Seward is still a drug free work place, despite the legalization of marijuana sales and/or personal use in Alaska. MARIJUANA IS STILL CONSIDERED AN IMPAIRING SUBSTANCE (DRUG) UNDER THIS POLICY. Unless otherwise specified within this policy, marijuana is considered a "controlled substance." 2. Purpose. The purpose of this Drug, Alcohol, and Marijuana Policy ("Policy") is to maintain the highest safety,health, and work performance standards possible, and to reduce work- related accidents, injuries, and damage which may be caused by drug, alcohol or marijuana use or impairment. This policy is also intended to ensure the maintenance of productivity, the quality of products and services, and the security of property. 3. Prohibited Conduct. The following conduct is prohibited and will result in discipline, which may include dismissal: a. The unauthorized use, possession, manufacture, distribution or sale of an illegal drug, controlled substance, or drug paraphernalia on or in City-owned property (including City-supplied vehicles) or while on City business, or during working hours. b. Storing any illegal drug, drug paraphernalia, or any controlled substance whose use is unauthorized, in or on City-owned or supplied property (including vehicles). c Reporting to work, working, or acting or appearing on behalf of the City while under the influence of alcohol and/or marijuana, illegal drugs, or a controlled substance whose use is unauthorized. d. Failing to notify the employee's supervisor before beginning work that the employee is taking medications or drugs which may interfere with the safe and effective performance of duties. e. Refusing to immediately submit to a drug or alcohol test when requested by the City, in accordance with this policy. f. Failing to adhere to the requirements of any drug or alcohol treatment or rehabilitation program in which the employee is participating, either: (1) as a condition of continued employment; or (2) pursuant to a written agreement between the City and employee. g. Violating any criminal drug law or statute on or off duty. h. Violating any alcohol and/or marijuana law or statue while working. 3 33 January 2015 Failing to notify the City of any arrest or conviction under any criminal drug, alcohol or marijuana law or statute by the next work day following the arrest or conviction. j. Testing positive for drugs, alcohol, and/or marijuana in violation of this policy. k. Tampering with, adulterating, altering, substituting or otherwise obstructing any drug or alcohol testing process required under this policy. Reporting to work or remaining on duty requiring the performance of a safety sensitive function while having an alcohol concentration of greater than .041, or if the employee is otherwise impaired by or under the influence of alcohol and/or marijuana. The City has defined "safety sensitive" positions in addition to drivers holding CDLs to include the following: (I) All personnel who routinely maintain or operate heavy equipment or apparatus not otherwise classified as CMVs, and police, fire, and ambulance apparatus; (ii) All personnel who come in contact with, or could reasonably be expected to come in contact with, public safety information regarding confidential drug and related investigations and operations; (iii) All personnel whose job responsibilities require them to carry, or be licensed to carry, a firearm; and (iv) All personnel whose job responsibilities require them to treat and attend to injured or ill members of the public. Safety sensitive positions shall be designated by the City Manager. Positions so designated include, but are not limited to, the following: Chief of Police Administrative Assistant(Police) Police Lieutenant Police Sergeant Police Corporal Police Officers Police Dispatch Supervisor Police Dispatchers Correctional Officer Sergeant Correctional Officers Animal Control Officer Animal Control Assistant Fire.Chief Deputy Fire Chief Fire Department Volunteers Harbormaster Deputy Harbormaster Harbor Worker Ill Harbor Worker II City Manager Assistant City Manager Personnel Officer(s) Other positions may be designated as deemed appropriately by the City Manager. m. Consuming or using alcohol and/or marijuana in the work place or while on duty, or while performing a safety sensitive function. n. For employees reporting to work a regularly scheduled shift, within eight hours of consuming or using alcohol and/or marijuana. On-call employees who are requested to report to work before or after a regularly scheduled shift to perform a safety sensitive function and have consumed alcohol and/or marijuana within the previous eight hours must acknowledge the use and may not report for duty. 4 3L► January 20151 B. Effective Date of Policy 1. This policy will become effective on April 8, 2015. 2. Each department head shall post the Policy in a prominent location readily accessible to all covered employees. 3. A copy of this Policy will be distributed to each employee, who will be required to sign a statement acknowledging receipt of said Policy and his/her agreement to comply with same. C. Applicability 1. Individuals Subject to Drug, Alcohol, and Marijuana Policy: Any prospective employee or employee of the City. The City reserves the right, within the limits of federal and state laws, to examine and test for the presence of drugs. Under the conditions of this Policy, at the sole discretion of the City, applicants or employees may be required to take a medical examination and/or take a urine, blood or oral fluids test. Testing will be conducted IAW, industry standard processes and procedure, including the use of Quick/Instant tests. Saliva testing will be administered when required by contract, or for any other reason the City may deem necessary. Federal Drug Testing procedures will be utilized to the extent reasonably possible. 2. Substances Tested For and Positive Results. The City shall test for alcohol and the following drugs based on the following criteria: Urine Testing Screening and Confirmation Levels Confirmatory Test Initial Test Cutoff Confirmatory Test Cutoff Initial Test Analyte Concentration Analyte Concentration Marijuana metabolites 50 ng/mL THCA1 15 ng/mL. Cocaine metabolites 150 ng/mL Benzoylecgonine 100 ng/mL. Opiate metabolites 2000 ng/mL Codeine 2000 ng/mL. Codeine/Morphine2 Morphine 2000 ng/mL. 6—Acetylmorphine 10 ng/mL 6—Acetylmorphine 10 ng/mL. Phencyclidine 25 ng/mL Phencyclidine 25 ng/mL. Amphetamines3 500 ng/mL Amphetamine 250 ng/mL. AMP/MAMP4 Methamphetamine5 250 ng/mL. MDMA 250 ng/mL. MDMA6 500,ng/mL MDA7 250 ng/mL. MDEA8 250 ng/mL. 1 Delta-9-tetrahydrocannabinol-9-carboxylic acid (THCA). 2 Morphine is the target analyte for codeine/morphine testing. 3 Either a single initial test kit or multiple initial test kits may be used provided the single test kit detects each target analyte independently at the specified cutoff. 4 Methamphetamine is the target analyte for amphetamine/methamphetamine testing. 5 To be reported positive for methamphetamine, a specimen must also contain amphetamine at a concentration equal to or greater than 100 ng/mL. 5 35 January 2015 6 Methylenedioxymethamphetamine (MDMA). 7 Methylenedioxyamphetamine (MDA). 8 Methylenedioxyethylamphetamine (MDEA). Testing by Evidential Breath Testing Device Screening - .02-.039 (out of service) Confirmation - .04 or greater (positive) * SAMHSA specified threshold Test results at or above the confirmation level will be considered a positive test. D. Circumstances Under Which Testing May Be Conducted The City will test employees for drugs and/or alcohol under the following conditions: 1. Pre-Employment Testing (Drugs Only). a. A pre-employment drug test of all prospective employees and promotions/ transfers to safety sensitive positions, will be conducted. Failure to take and successfully pass the urinalysis drug test shall disqualify the employee of employment. A negative result is required prior to reporting for work. b. Pre-employment urinalysis, blood, or saliva tests are valid for 30 days and must be retaken if the individual is not hired within this timeframe. 2. Condition of Employment Testing of Safety-Sensitive and Public Safety Positions. A negative drug test will be a condition of employment for safety-sensitive and public safety positions. a. A non-safety sensitive employee who transfers, is promoted, demoted, rehired, or is reinstated, to a safety-sensitive position shall be required to complete a condition of employment drug test. b. Police and fire department employees who transfer, are promoted, demoted, rehired, or reinstated to another position are required to complete a condition of employment drug test. c. Failure to take and successfully pass the urinalysis drug test shall disqualify the employee of employment. 3. Post-Accident Testing a. Persons Subject to Post-Accident Testing. Employees involved in an accident or who have contributed to an accident in the workplace or during work time will be required to undergo drug and/or impairment testing. Such a test will be conducted as soon as practicable after the accident, but not later than 32 hours after the accident for drugs and not later than 8 hours for alcohol. The City will direct the employee to a facility qualified to obtain a sample from the employee after an accident, as defined below, but any injuries will be treated first. 6 January 2015 Under this Section, an accident is defined as any of the following: * Loss of human life, * Issuance of a moving traffic citation under state or local law, * Medical treatment of an injury to the employee or others, other than first aid, * Any injury resulting in loss of work, or * Issuance of a moving traffic citation to the employee under state or local law, involving property or vehicle damage in excess of$1,000 * Other property damage in excess of$1,000 b. Obligations of Employee Subject to Post-Accident Testing. (i) Report the accident to the police, department head and personnel officer immediately following an accident. (ii) An employee who is subject to post-accident testing shall not consume alcohol and/or marijuana for 8 hours after the accident, or until s/he has taken a drug and alcohol test, whichever occurs first. (iii) An employee who is subject to post-accident testing must remain readily available for such testing and may not take any action to interfere with the testing or the results of testing. (iv) An employee who is subject to post-accident testing is immediately relieved of his/her duties and will be placed on paid administrative leave, pending results of the required testing or release to work by a certified medical professional, Employees who do not comply with the post-accident testing requirements, or who fail or refuse to provide a sample for testing, will be considered to have refused to submit to testing and will be subject to appropriate disciplinary action, including termination. 4. Reasonable Suspicion Testing Any employee whom the City reasonably suspects may be affected by the use of drugs, alcohol, or marijuana which may adversely affect job performance, safety, or that constitutes a violation of this policy may be required to submit to a drug and/or alcohol test. Reasonable suspicion testing is done to identify drug, alcohol, and/or marijuana affected employees who may pose a danger to themselves or others in their job performance. Trained supervisors will make the decision whether there is reasonable suspicion to believe an employee is impaired by or under the influence of a drug, alcohol, or marijuana while on duty in violation of this policy. a. When Reasonable Suspicion Exists The decision to test must be based on a reasonable and articulable suspicion or belief that the employee is under the influence of an unauthorized drug, alcohol, or marijuana. Reasonable suspicion is a belief based on contemporaneous articulable observations concerning the employee's appearance, behavior, 7 3i January 2015 speech or body odors, or other reliable evidence or information that the employee is under the influence of or impaired by drugs or alcohol. For example, any of the following, either alone or in combination, may constitute reasonable suspicion: (i) Slurred speech; (ii) Irregular or unusual speech patterns; (iii) Impaired judgment; (iv) Alcohol odor on breath; (v) Uncoordinated walking or movement; (vi) Unusual or irregular behavior such as inattentiveness, listlessness, hyperactivity, hostility, or aggressiveness; (vii) Possession of drugs, alcohol, or marijuana; (viii) Observation of drug, alcohol, or marijuana use prior to reporting to work or during working hours. Reasonable suspicion determinations will only be made by supervisory personnel who have received training concerning the signs and symptoms of drug, alcohol, and marijuana use. The observing supervisor shall document the events and record the behavioral signs and symptoms that support the reasonable suspicion. If possible, a second supervisor should also observe the employee to verify that there is a reasonable basis to believe that a drug, alcohol, or marijuana violation has occurred. b. Events After Determination Is Made When a determination is made that reasonable suspicion exists that an employee is under the influence of drugs, alcohol, or marijuana in violation of this policy, the employee shall be immediately relieved of his/her duties, pending further action. The observing supervisor shall immediately notify the department head or other appropriate supervisor if reasonable suspicion is found to exist. Upon review, the department head or other appropriate supervisor may direct or authorize that the employee in question immediately submit to a drug and/or alcohol test. c. Reports of Possible Violation by Supervisory Personnel If a non-supervisory employee has reason to believe that a supervisor subject to this policy is under the influence of drugs, alcohol, or marijuana at work in violation of this policy, then s/he shall report such potential violation to the Personnel Officer who will immediately take appropriate action. 5. Return-to-Duty Testing An employee who refuses to take or fails a drug test and whose employment is not terminated may not return-to-duty until s/he is evaluated by the Substance Abuse Professional (SAP), passes a drug test, and the Drug Program Manager has determined that the employee may return to work. An employee who refuses to take or fails an alcohol test and whose employment is not terminated may not return to work until the employee is evaluated by a Substance Abuse Professional and has completed the recommended treatment. 6. Follow-Up Testing 8 3� January 2015 An employee who is referred for assistance related to drug or alcohol misuse may be subject to unannounced follow-up testing for a period not to exceed 60 months, as directed by the SAP. The number and frequency of follow-up testing will be determined by the SAP and the City, but will not be less than six tests in the first 12 months following the employee's return to duty. Follow-up testing will be conducted immediately prior to, during or immediately preceding work time for that employee. SECTION II. CONSEQUENCES OF VIOLATING POLICY A. General Compliance with this policy is a condition of employment. Refusal to take a required drug or alcohol test, a positive drug or alcohol test, or engaging in an activity or behavior which otherwise violates this Policy shall, at a minimum, result in removal from performing assigned functions. Additional disciplinary action may follow, including termination. B. Violations and Discipline The City may take adverse employment action, up to and including dismissal, based on: 1. A positive drug or alcohol test result; 2. A criminal conviction for a drug offense, on or off duty; 3. A prospective employee or employee's refusal to provide a drug or alcohol testing sample; 4. An employee's failure to notify the employee's supervisor, before beginning work, that the employee was taking medications or drugs which might interfere with the safe or effective performance of duties; 5. Verification of valid current prescription or legal use of such drug is not provided upon request by the next scheduled work day; 6. Misuse of the prescription or recommended drug; or 7. Otherwise violating the terms and requirements of this policy. Potential adverse employment action may include one or more of the following: 1. A requirement that the employee enroll in a City-provided or approved rehabilitation, treatment or counseling program. This program may include additional drug and alcohol testing. Participation in such a program is a condition of employment. Costs of participating in such a program will be borne by the employee; 2. Suspension, with or without pay. 3. Termination of employment; 4. In the case of drug testing, refusal to hire the prospective employee; and/or 5. Other or additional adverse employment action, at the election and discretion of the City 9 39 January 2015 C. Requirements For Return-To-Duty An employee who is not terminated for violating this policy may be given the opportunity to return to work provided s/he first: 1. Receives a recommended return to work evaluation by a SAP and the Medical Review Officer; 2. Passes a Return to Work drug and/or alcohol test; 3. Continues to receive negative drug or alcohol test results in follow-up tests after returning to duty; and 4. Participates in and successfully completes any applicable City approved evaluation/rehabilitation program. SECTION III. SAMPLE COLLECTION AND SAMHSA TESTING PROCEDURES A. Collection of Samples 1. Testing under this policy is a urinalysis (for drugs) and an evidential breath testing device (for alcohol) administered under approved conditions and procedures conducted for the sole purpose of detecting drugs or alcohol. Other on-site methods to detect the presence of alcohol may also be used, including blood/alcohol and saliva tests. 2. The test will be conducted by a City-appointed medical laboratory and paid for by the City. Sample collection and testing will be performed under reasonable and sanitary conditions. 3. The collection site shall have all necessary trained personnel, materials, equipment, facilities, and supervision to provide for the collection, security, temporary storage, and shipping or transportation of specimens to a certified drug-testing laboratory designated by the City. An independent medical facility may also be utilized as a collection site. 4. The test will be collected by the Providence Seward Medical Center or a certified medical laboratory and paid for by the City. The medical laboratory is responsible for the proper testing and to ensure the proper chain of custody for the test sample collected. 5. All drug test samples will be collected by the split sample collection method. However, if a split sample is not collected, the single sample will be collected and sent to the laboratory for testing. 6. The person collecting the drug sample will document the sample, including labeling the sample to preclude to the extent reasonable the possibility of misidentification of the person tested in relation to the test result provided. 7. The person collecting the sample shall provide the person to be tested with an opportunity to provide medical information that may be relevant to the test, including identifying current or recently used prescription and nonprescription drugs. 8. Sample collection, storage, and transportation to the testing place shall be performed in a manner reasonably designed to preclude the possibility of sample contamination, adulteration or misidentification. 10 2015 9. An employee designated for testing must provide reliable individual identification to the person collecting the sample. 10. With the exception of pre-employment drug tests, drug and alcohol tests will normally be scheduled during, or immediately before or after, the employee's regular work period or work time. With the exception of pre-employment drug tests, testing under this policy is considered work time and will be compensated at the employee's normal rate of pay. 11. Sample collection will be performed in a manner which ensures the individual employee's privacy to the maximum extent consistent with ensuring that the sample is not contaminated, adulterated, or misidentified. 12. The City will pay the entire actual costs for drug and alcohol testing required of employees and prospective employees. The City shall also pay reasonable transportation costs to an employee if the required test is conducted at a location other than the normal work site. B. Testing Procedures 1. Unless testing is conducted on-site, the City shall use a drug-testing laboratory approved or certified by the Substance Abuse and Mental Health Services Administration (SAMHSA). 2. If non-instrumented drug tests are used then the Collector must perform the on-site tests in the presence -of the donor. In on-site testing, an employer may only use products approved by the Food and Drug Administration for employee testing and shall use the products in accordance with the manufacturer's instructions. All presumptive positive tests results must be sent to the SAMSHA Laboratory for confirmation testing before any employment action can be taken. 3. The laboratory shall permit inspections by the City Personnel Officer. 4. The City may at times use a rapid test kit. If the rapid test is positive, the sample will be sent to the designated laboratory for confirmation. 5. Positive drug tests will be confirmed by a gas chromatography mass spectrometry. The City will not rely on a positive drug test unless the confirming drug test results have been reviewed by a licensed physician or doctor of osteopathy. 6. Alcohol testing will be performed by a breath alcohol technician (BAT). If the result of an alcohol screening test is an alcohol concentration of.04 or greater, a confirmation test will be performed. The confirmation test will generally be done within 15, but not more than 30, minutes of the screening test. The results of these tests will be reported directly to the City. C. Review of Drug Test Results 1. Medical Review Officer. The City shall contract the services of a Medical Review Officer (MRO). The MRO shall be a licensed physician or doctor of osteopathy. The MRO shall review all confirmed positive drug test results and interview individuals tested positive to verify the laboratory report. The MRQ, in conjunction with the Substance Abuse Professional, may also evaluate and recommend to the City whether and when an employee who either refuses to test or tests positive may return to work. 11 / I 1 ` January 2015 2. Reporting and Review of Results. a. The MRO shall review confirmed positive test results. This review shall be performed by the MRO prior to the transmission of results to the City's Personnel Officer. b. The MRO shall contact the employee within 48 hours and offer an opportunity to discuss the confirmed test result. c. The MRO will inform the employee that s/he has 72 hours to request a re-test of the split or single sample. A re-test is an analysis of the second split sample bottle or an aliquot of the original sample. The re-test can be sent to a laboratory approved or certified by the Substance Abuse and Mental Health Services Administration. The employee will be responsible for the costs of the re-test and will be reimbursed by the City only if the sample comes back negative. 3. Legal Drug Use. If the MRO determines there is a legitimate medical explanation for the positive test result, the MRO shall report the test as negative. Test results that have been caused by prescription medication will be reported as negative. 4. Written Test Results. An employee may obtain a copy of the written test results only upon written request made within six months of the date of the test. The City will provide the written test results to the employee pursuant to that request within five working days of its receipt. 5. Explanation of Positive Test by Employee. An employee who would like an opportunity to explain a positive test result in a confidential setting must make such a request in writing within 10 working days of being notified of the test result. An employee who submits such a timely written request will be given the opportunity, within 72 hours after its receipt or before taking adverse employment action, to explain the positive test in a confidential setting. SECTION IV. EMPLOYEE ASSISTANCE PROGRAM (EAP) A. Scope of Program The Employee Assistance Program will provide education and training on drug and alcohol use to all employees. The education shall include: 1. Informational material distributed to employees as well as displayed on bulletin boards, employee break rooms, locker rooms, etc.; 2. A community service hot line telephone number for employee assistance displayed on bulletin boards and distributed to employees; and, 3. Distribution of the City policy regarding the use of prohibited drugs and alcohol to all new employees. The policy shall be displayed in prominent places throughout the City (i.e., employee bulletin board, break room, locker rooms). 12 LI January 2015 B. Supervisor Training Supervisory personnel will receive training regarding the DRUG, ALCOHOL, AND MARIJUANA POLICY. The training shall include at least 60 minutes of training on the use of controlled substances, and at least 60 minutes of training on alcohol misuse. This training shall be for all supervisors who may determine whether an employee will be drug and alcohol tested for reasonable suspicion. SECTION V. CONFIDENTIALITY OF RESULTS A. General 1. All records relating to drug and alcohol testing will be maintained in a confidential medical file in a secure location with controlled access, separate from personnel files. 2. Any communication received by the City relevant to drug or alcohol test results and received through the City's testing program is confidential and privileged, and will not be disclosed by the City except: a. To the tested employee, prospective employee or another person designated in writing by the employee or prospective employee; b. An individual designated by an employer to receive and evaluate test results or hear the explanation from the employee or prospective employee; c. As ordered by a court or governmental agency; or d. In any proceeding initiated by or on behalf of the individual and arising from a positive test. B. Drug Personnel and Services 1. SERVICE AGENT (SA) Beacon/WorkSafe 800 Cordova Street/300 West 36th Avenue Anchorage, AK 99501 2. MEDICAL REVIEW OFFICER (MRO) Dr. David Nahin 9501 Northfield Blvd Denver, CO 80238-3536 907-222-7612 FAX-907-787-2215 3. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION (SAMHSA) LABORATORY Pathology Associates Medical Laboratory 110 West Cliff Avenue Spokane, WA 99220 4. COMPANY DESIGNATED EMPLOYER REPRESENTATIVE (DER) Personnel Officer City of Seward P.O. Box 167 13 Li 3 January 2015 Seward, AK 99664 907-224-4074 4. EMPLOYEE ASSISTANCE PROGRAM—see Appendix A SECTION VI. DEFINITIONS. Alcohol means ethanol, isopropanol, or methanol. Alcohol concentration means the alcohol in a volume of breath expressed in terms of grams of alcohol - per 210 liters of breath-as indicated by an evidential breath test. Alcohol Use means the consumption of any beverage or mixture, including any medication or mouthwash containing alcohol. Breath Alcohol Technician (BAT) means an individual who operates an EBT and instructs and assists individuals in the alcohol testing process. Collection Site Person Is an individual authorized by the City of Seward to collect samples in accordance with this policy and trained in procedures for such collections. The City of Seward has chosen to follow the highest industry standards for work place collection, testing, and reporting of test results; therefore, The City of Seward procedures will attempt to follow, as a guide only, the federal drug testing procedures. Drug(s) means a substance considered unlawful under AS 11.71 or under federal law, or the metabolite of the substance. Drug Testing means testing for evidence of the use of a drug. Evidential Breath Testing Device (EBT) is a device approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath, and is placed on NHTSA's "Conforming Products List" (CPL)of evidential breath measurement devices. Employee Assistance Program (EAP) means a confidential counseling/referral service for employees and their dependents. EAP is designed to provide assistance to employees and their families to deal with personal problems which may affect their productivity, health, or continued employment. All counseling, assessment, and referral services will be provided by qualified, experienced clinicians with special training in short-term counseling and in assessing and treating substance abuse problems. (See SAP.) Failing A Drug Test shall mean the test results show positive evidence of the presence of a drug or drug metabolite in an employee's system in amounts that exceed cutoff levels established by this policy. Medical Review Officer (MRO) is the licensed physician or doctor of osteopathy who is responsible for reviewing positive laboratory results generated by The City of Seward testing program. Prospective Employee means a person who has made application to an employer, whether oral or written, to become an employee. Safety Sensitive Position is defined as and includes the following positions within the City: A, B, C, etc. Sample means urine or breath from the person being tested. Screening Test or Initial Test means an analytic procedure to determine whether an employee may have a prohibited concentration of drugs or alcohol in a specimen. 14 4 January 2015 Rapid Test means a test designed to provide an instant screened test result. Refusal to submit means failure to cooperate and provide a drug or alcohol sample, after receiving notice of the test in accordance with The City of Seward Drug, Alcohol, and Marijuana Policy. A refusal will be treated the same as a positive test result. A refusal to test for alcohol occurs when a covered employee fails to provide an adequate breath for testing without a valid medical explanation after receiving notice of the requirement to be tested in accordance with the provisions of The City of Seward alcohol misuse provention plan or engages in conduct that clearly obstructs the testing process. Substance Abuse Professional (SAP) means a licensed physician (medical doctor or doctor of osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor ("Certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission or by the International Certification Reciprocity Consortium/Alcohol & Other Drug Abuse") with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance related disorders. 15 LA 5 January 2015 Appendix A Employee Assistance Program We all have problems from time to time, and usually we can cope with them on our own. Sometimes, however, we need outside help. The City of Seward provides all regular, full-time employees with a Health Care Plan administered by , Meritain Health Company. The plan offers partial coverage for Alcoholism and Drug Addiction-Inpatient and Outpatient treatment. Please contact the number listed on the back of your insurance card for more information. Below is a list of rehabilitation resources that may help you. Drug Alcohol Counseling Rehabilitation Resources Alaska Council on Prevention of Alcohol & Drug Abuse 800-478-7738 Akeela House, Inc. 907-561-5266 Alaska Addiction Rehabilitation Services 800-376-4535 907-376-4534 Alaska Aviation Toxicology 800-478-3783 907-451-3784 Alaska Human Services 907-561-4535 Alaska Youth & Parent Foundation 907-274-6541 Alcoholics Anonymous 907-272-7860 Alcoholism 907-243-1181 907-276-2898 Beacon WorkSafe, Inc. 907-563-8378 Betty Ford Center 800-854-9211 Center for Drug Problems 907-276-6430 Charter North Star Behavioral Health System 907-258-7575 16 LIc_ January 2015 Genesis House, Inc. 907-243-5130 Lakeside Milam Recovery Centers (Washington) 800-231-4303 Pacific Rim Counseling, Inc. 907-349-0077 Providence Breakthrough 907-562-7325 Residence XII for Women 800-776-5944 Salvation Army 907-243-1181 Seaview Community Services 907-224-5257 Seward Community Health Center 907-224-2273 Seward Providence Medical Center 907-224-5205 Sundown M Ranch (Washington) 509-457-0990 Valley General Hospital Alcohol/Drug Recovery Center 360-794-1405 (Monroe, WA) 17 Lr1 January 2015 City of Seward, Alaska City Council Minutes February 23, 2015 Volume 39, Page CALL TO ORDER The February 23, 2015 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Jean Bardarson. OPENING CEREMONY Lieutenant Doreen Valadez led the Pledge of Allegiance to the flag. ROLL CALL There were present: Jean Bardarson presiding and Marianna Keil Ristine Casagranda Christy Terry David Squires Iris Darling comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Absent—Dale Butts CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Reene Audette had a conversation with Alaska Waste last week and found it to be troubling. She understood the code provisions on garbage collection, but didn't understand it to warrant the poor customer service she received. The conversation went unresolved and Audette didn't think Alaska Waste should have the right to talk to people inappropriately. Tim McDonald attended a recent Cook Inlet Aquaculture Association(CIAA)meeting as the City of Seward representative. There were 17 members present. The meeting included a memorial for former member John Efta, a report on brewed stock capture and fry stock bid, and budget matters. The budget for 2015 was$7,550,159. McDonald noted the Matanuska Susitna Valley was dealing with some invasive species problems with pike taking over other species. He added an individual spoke on the"bio-dry"system in Kodiak which eliminated putting fish waste in the water. McDonald ran out of time,and the City Council allowed him to speak for a minute and a half more. McDonald continued on that this bio-drive system sounded like a better practice than what most canneries were doing, by pumping their matter into the water. The association passed a new policy reducing the amount of chemicals in raising smolt. CIAA was running four hatcheries on the 4$ City of Seward,Alaska City Council Minutes Februay 23, 2015 Volume 39, Page aforementioned$7 million budget. McDonald concluded with reports that 2015 was forecasted for a huge year for fish habitat. Lynda Paquette would love an update on the timeline for the sewage lagoon project. It was almost the end of February,and not seeing any action was making people nervous. She encouraged council to think about being proactive by drafting a letter to lodging businesses on Lowell Point for this year for guests who had complaints about the conditions. The summer was looking busy, so it would be nice to give them something from the city holding the business on Lowell Point harmless and apologizing for any inconvenience.The negative online business reviews seemed to quiet down, which was good, but she hoped she and the city could stay on top of this issue coming into the summer season. Bob Linville thanked council for passing the crane resolution in January. He noted the discussion item on bringing more commercial fisherman to Seward on council's agenda tonight. Linville felt Seward did not have the infrastructure and taxes were extensive.He suggested using the raw fish tax to fund some projects and create a priority list to keep the harbor facilities ahead of the curve. The taxation needed to be changed and the city should impose a flat tax. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the January 12, 2015 and the February 9, 2015 Regular City Council Meeting Minutes. Appoint Janet Coulter and Margaret Anderson to the Planning and Zoning Commission,with terms expiring February 2018 (Coulter) and February 2016 (Anderson). SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards—None Chamber of Commerce Report. Cindy Clock welcomed the RIV Sikuliaq to town and noted it was exciting watching the ship come in today. Clock thanked everyone for attending the chamber's Community Awards Banquet. The newly improved community events calendar was online and the chamber had signed up many people to contribute to it. The Marketing Committee would be meeting next Wednesday to discuss improving local events. Clock noted $3.72 billion dollars were spent a year in Alaska. It was estimated that tourism accounted for 25% of sales tax revenue in the borough. 2015 was looking like a high year for tourism.Norwegian Cruise Lines was scheduled to come to Seward this year. The next chamber luncheon was March 6, 2015 where Seward Community Health Center Executive Director Patrick Linton would be the speaker. The Energy and SMIC groups were meeting this week. y9 City of Seward,Alaska City Council Minutes 39, Page February 23, 2015 City Manager's Report. Jim Hunt stated there had been no purchase orders approved between$10,000 and $50,000 since the last council meeting. Hunt referred to the written report in the council packet and also added that he,Long,Butts,and Bardarson traveled to Juneau last week to attend Alaska Municipal League meetings and to meet with legislators. He reported on the power outage last week, explaining an outage at Cooper Landing. The city had difficulty firing up its generators,but they ultimately ran for four hours while the main issue was being resolved.While the staff encountered some obstacles,Hunt said it was a good learning experience and the city took away good notes to improve the process when an outage occurs. Jack Maryott from the Kenai Peninsula Borough would be giving council a presentation on recycling during their April 13, 2015 meeting. Hunt noted he received a Department of Transportation Memorandum of Understanding today for paving in town, which was great news. The equipment for the sewage lagoon dredging project would ship next week and should arrive in Seward in about two weeks. The City Manager updated council on potential United States Coast Guard changes on the horizon. He received reports that the Coast Guard was developing a long range planning study,and may consolidate all the new cutters to Kodiak and Ketchikan. If council agreed, he would contact other communities in the area and begin to form a group to communicate with state and federal governments. In response to Terry,Hunt said he would follow up with the Finance Director on the Alaska Waste contract and what might be done to improve poor customer service.Casagranda added Alaska Waste was now picking up garbage on the streets and no longer providing alley pickup service in some neighborhoods. Hunt was unaware of this and would follow up on that as well. The City Manager noted he would give information on the sewage lagoon dredging project as soon as he received it. He reminded the public to please call the non-emergency dispatch line to report odors detected, at 224-3338. Squires added people who had always had their garbage picked up in the alleys had container racks installed and this service should continue by alley.Long said staff would look into the clauses of the garbage contract. Darling reminded everyone the city had a work session scheduled on the garbage collection policy for March 9, 2015. Other Reports, Announcements and Presentations Year End Report for Providence Seward Medical and Care Center by Administrator Joe Fong. Alaska Municipal League Winter Conference Travel Report by Mayor Bardarson and Council Member Butts.Bardarson stated Butts gave her a written report which she read out loud.The Seward delegation met with Representative Chenault and several senators including Senators Giessel,Tilton, and McGuire.They attended a presentation on legalizing marijuana.The delegation was able to tour the R/V Sikuliaq while it was in Juneau. They attended a reception at the Governor's mansion, a reception on board the Sikuliaq, and dinner at Senator Micciche's home. During their visit, the Seward delegates were able to hear many officials speak, including the governor. A budget cut throughout the state was the main theme.Bardarson found it interesting that even with cutting 25% 50 City of Seward,Alaska City Council Minutes February 23, 2015 Volume 39, Page of government and oil at$100/gallon,the state was still overspending. She took away from this visit that communities needed to figure out what could they live without.Hunt added they visited with Pat Pitney, Director of the Office of Management and Budget, who they knew from her previous involvement with the Alaska SeaLife Center Board and the development of the Sikuliaq. He spoke with the new Department of Corrections commissioner and Long stated they had a good meeting with new Department of Transportation Commissioner Mark Luiken.They discussed flooding issues at the Seward airport. PUBLIC HEARINGS Ordinances for Public Hearing and Enactment Ordinance 2015-001,Amending Portions Of Seward City Code§15.10.140.B Definitions,And §15.10.225 Land Uses Allowed Table,To Allow Storage,Warehouse And/Or Distribution In The Resource Management Zoning District By Conditional Use Permit. Motion (Keil/Terry) Enact Ordinance 2015-001 Long said this ordinance was not an extension of a use but a use that was overlooked. Many uses were allowed by conditional use permit, and the concept of storage to allow this was minor. Staff recommended enactment. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold urged council to reject amending the code to allow this change. She first heard about this ordinance on Seward City News.No one spoke on this matter at the Planning and Zoning level. She stated no notices were mailed out pertaining to this code revision. The Resource Management zone was expansive,and was mostly adjacent to residential properties. It was grouped with many public uses and was concerned about the increase in traffic.Things like idling trucks and aesthetics were not regulated by conditional use permit and for these reasons she asked council to not extend the use of storage, warehouse, and/or distribution into the Resource Management zone. No one else appeared to address the Council and the public hearing was closed. Council recessed at 8:10 p.m. Council resumed at 8:14 p.m. Terry asked the clerk's office if all the public notification requirements were met.City Clerk Johanna Kinney attested all the necessary public notice requirements were met on the City Council level.Long confirmed all notice requirements were also met on the Planning and Zoning level,and added that when a conditional use permit was applied for was the appropriate time to send notice to nearby property owners. Casagranda reiterated this provision was changing the table to allow by conditional use permit, not outright, and Hunt added any potential use would require a review each time. 5' City of Seward, Alaska City Council Minutes Volume 39, Page February 23, 2015 Squires didn't mind the conditional use process, but didn't like the"and/or" language. He spoke to Community Development staff about this,and after looking noise concerns: in Forest Acres,Acres, there were only two areas that would have potential and one by Afognak Logging. Darling asked for a ruling on a potential conflict of interest, as she was an adjoining property owner in this case.Council did not object to the mayor's ruling that a conflict did not exist as it was not financial and it was too broad of an interest. Long said the conditional use permit process allowed the commission to put parameters on the permit and have some balance to the use and the land's neighbors. Motion Passed Unanimous UNFINISHED BUSINESS—None NEW BUSINESS Resolution 2015-014,Approving A Contract For External Audit Services For The Years 2014, 2015, And 2016,And Appropriating Funds. Motion (Terry/Casagranda) Approve Resolution 2015-014 Hunt said it was time again to put out the city's audit services for proposal.The council was informed of the scoring criteria at a previous meeting. The Request For Proposal (RFP) was appropriately advertised and also sent to interested firms.Two proposals were received: BDO USA, LLP and Altman, Rogers & Co. BDO scored the highest and therefore considered the successful proposer. BDO had a higher overall price, but the hourly cost by BDO was lower than the other proposer, which meant BDO included more hours in their proposal to conduct an effective audit. Finance Director Kris Erchinger said this was the third audit RFP in a row where they had only received two proposals.There were actually only three firms in the entire state that could do this type of audit work.The proposals demonstrated what she expected to receive.Altman,Rogers&Co. was a good firm,but their focus was primarily on school districts. BDO scored higher because they had experience with city utilities and health care,which was unique for a municipality.The city had been using BDO since 1997.Both companies had long standing relationships with their clients.BDO audited many community health centers as well. BDO would have a two week audit in person, Altman was proposing a 4-5 day audit, which Erchinger thought could be concerning. Altman's scope of work didn't seem to realize the complexity of the audit,she felt.If the scope was more than anticipated, the contract would need to be renegotiated, which was also concerning. She recommended the city stay with BDO for the next three years. In response to Keil, Erchinger said there was $95,000 budgeted in 2015 for the 2014 audit, and estimated $90,000 budgeted in 2014 for the 2013 budget. In response to Keil,Erchinger stated Kim Kowalski-Rogers, Michelle Endresen, and she scored the proposals. Erchinger stated BDO purchased Mikunda, Cottrell & Co. in 2012. 5 2_ City of Seward,Alaska City Council Minutes February 23, 2015 Volume 39, Page Long added last year's legislative session introduced legislation that was going to prevent local governments from using price as a criteria for the RFP process,which gained interest but was not approved. There were firms out there surprised the city was still using price as a factor. In response to Squires,Erchinger said BDO was onsite last year for two full weeks, with at least four people, initially, and senior partners who arrived later in the audit process. Darling spent some time researching this process because the BDO proposal was so much more money. She appreciated what Erchinger said about pros and cons of staying with BDO. She contacted staff for the City of Nome,who used Altman,Rogers&Co.,and they had positive things to say about that firm. Keil agreed BDO's costs were high, but at the same time they owed the public a comprehensive audit of city funds. They might not be getting their money's worth with the other company with a four day audit. Hunt added their concern was perhaps the firm might not be as familiar with the complexity of the city's funds, and he was worried about additional change orders and increases because they weren't sure what they were bidding on. Squires inquired what would happen if the city didn't approve any change orders,would they have to go out to bid again? Erchinger said it's never happened,but she would expect they would have to complete the audit with that firm and pay what they were asking,and possibly terminate the contract due to breach of contract for the remaining years. The city would be in a tough spot not to move forward with completing the audit. Terry said it would be important for council to remember they went out for proposals and not bids. She also noted the full name of the winning proposer was BDO USA,LLP and that should be indicated on the agenda items before them. In the past, she had insisted to get the scoring criteria prior to advertisement so council could evaluate and change the criteria if they wanted to. Council couldn't sole source to Altman. They would have to go out to bid again if they failed this contract tonight. Motion to Amend (Terry/Keil) Amend Resolution 2015-014, adding the words"with BDO USA,LLP(BDO)"in the title of the resolution,and add "BDO USA, LLP" at the beginning and signatory page of the contract. Motion to Amend Passed Unanimous Motion to Amend (Terry/Casagranda) Amend Resolution 2015-014, inserting a new section two to the resolution that reads, "BDO's three-year fee is $308,760 ($99,785 for 2014, $102,980 for 2015, and $105,995 for 2016)." and renumber the sections accordingly. 63 City Council Minutes City of Seward,Alaska Volume 39, Page February 23, 2015 Yes: Terry, Casagranda, Keil, Squires, Motion to Amend Passed Bardarson No: Darling Darling asked if they could amend the agreement and resolution for a one year agreement. Hunt said they'd have to go out to RFP again for a one year proposal. Long agreed,and the proposals may be completely different that second time around. Keil looked at the escalation of prices they would be locking in;they knew exactly what they would pay. If they went out for one year, the upcoming years may be even higher. Terry said this could be extended beyond three years by the administration. Motion to Amend (Terry/Casagranda) Amend Resolution 2015-014, by striking the following sentence in section A of the agreement: "This Agreement may be extended for one two-year period upon mutual agreement of terms, and approval of the city manager." With no objection from council, Terry and Casagranda withdrew this motion. Motion to Amend (Terry/Keil) Amend Resolution 2015-014, striking the words "city manager" and replacing with "city council" in section A of the agreement. Motion to Amend Passed Unanimous Main Motion Passed Yes: Squires,Terry, Keil, Bardarson No: Casagranda,Darling Resolution 2015-015,Authorizing A Loan In The Amount Of$1,201,196 In Accordance With The Project Cooperation Agreement Between The City Of Seward And The US Army Corps Of Engineers, Representing The Second 10% City Cost Share On The Breakwater Construction Project,And Appropriating Funds. Motion (Terry/Casagranda) Approve Resolution 2015-015 ct Hunt felt this was getting close to resolution. Army Corpseof Cooperation Agreement to construct a new bre akwater in the harbor by the U.S. Engineers ("Corps) in accordance with the passage of the Water Resources Development Act (WRDA). The agreement with the Corps required the city to pay the local project costs and 20%of the General Navigation Features.The city paid the first 10%of the features up front.The Corps built the breakwater and miscalculated the project. The second 10% of the General Navigation Features was$1.2 million,and the city had the choice of either paying with cash or entering into a loan with a City of Seward,Alaska City Council Minutes February 23, 2015 Volume 39, Page 3.875% variable interest rate. Administration was seeking council approval for this loan authorization but would also look to pay the outstanding balance of 10%by other means,if possible. In response to Bardarson,Erchinger stated the variable interest rate was based on the prime rate,and 3.875%was the estimated initial interest rate. Staff expected that rate to go up.The city was required to put this asset on the city's books and would keep council apprised if they were able to make up some of this balance owed so the city wouldn't have to take a loan out for the full amount. In response to Keil, Erchinger was unaware of a cap on a variable interest rate. Erchinger confirmed this loan amount was factored into the city's financial records before them tonight. Long said this fulfilled the policy function in that they needed to have something on paper that reflected the city's debt as booked so they could constructively talk with the federal government and the Corps for other projects the city needed assistance with.Long noted the harbor could not take on this cost through harbor funds with the existing fee structure. Casagranda said the city needed to make the Corps happy,but she personally wouldn't take a loan with a variable interest rate. She wanted to say yes,but couldn't vote for this interest rate.Rates were currently low, but they were projected to go up. Erchinger said the city was borrowing on an asset they could not sell. They were asking for a loan on a breakwater. It was a challenge to find a lender in a situation like this and this was the standard contract for the Corps. They could do some research on other loan agreements prior to signing this.The city could also seek to find more funds to pay off this debt, but it likely depended on when the Corps was going to ask for first payments. Motion Passed Unanimous Other New Business Items Discussion on how to attract and accommodate more fishing vessels in the Seward Small Boat Harbor. (Darling) Darling thanked Linville for speaking on this issue earlier tonight. She would like to see the city move forward with a flat to for vessels. Council spoke with the Port and Commerce Advisory Board(PACAB)at their recent joint work session.Bardarson said it was on administration's"to do" list. Long said staff had been working on this concept for a while. The difficulty was finding a way to keep Seward close to a level of income within the budget without putting the burden on all one group. So therefore the effort was to find an equitable level of discomfort across the spectrum. They had a broader spectrum in Seward and the city was actively seeking vessels larger than 100 feet.At the same time the city didn't want to disadvantage the smaller local fleet or make it difficult for the large, corporate vessels. Finding the balance was challenging. Casagranda asked about communities with grids that had multiple cranes. Seward used to have a similar grid,but it was washed away in a flood in 1995.It was damaged prior to that and was not rebuilt.It was stated that just about every piece of the harbor suitable for construction was being 55 City of Seward, Alaska City Council Minutes Volume 39, Page February 23, 2015 utilized, so something would need to be removed. The new work at the Seward Marine Industrial Center (SMIC) could open up some possibilities,too. Darling asked if it was possible to suspend the rules to allow Linville to talk on this issue. Terry thought a work session or referring to PACAB would be better. Hunt said they would need to find more spaces. Long said they didn't want to prioritize customers.Terry thought there was some language in the Small Boat Harbor Plan about the grid. Direction to Administration on the repair of the downtown decorative lights. Long handed out some documentation with options to consider. Electric Utility Manager John Foutz noted there were pictures and prices on a two arm and a four arm assembly fixture. Bardarson said the pictures needed to be provided to scale for council. Foutz confirmed the vendor would generate a photo with a two or four arm assembly light, he just had not gotten those yet. Darling wanted option 1 which was recreating the five bulb light. Terry said option 1 was fine.Foutz said it would take 4-5 weeks once ordered for them to come in.Each light took about one day in labor, so he estimated a few weeks total for labor. Council directed staff to pursue option 1, which would leave the current five light arm assemblies in place and the hardware would be replaced with LED lights. INFORMATIONAL ITEMS AND REPORTS Providence Seward Medical Cexzter Preliminary Financial Reports through November and December, 2014. Council requested this report come back to the March 9,2015 agenda under Other New Business. City of Seward Preliminary Financial Reports through December, 2014. Council requested this report come back to the March 9,2015 agenda under Other New Business. Letter to Governor Walker RE: Funding of Public Nursing in Seward, Alaska. Letter to Senator Giessel RE: Substitution Senate Bill 4, relating to the financial disclosure statement requirements mandated by the Alaska Public Offices Commission. COUNCIL COMMENTS Terry thanked Butts and Bardarson and administration for traveling to Juneau last week.The face-to-face time there was invaluable. Terry reported she traveled to Anchorage to sit at the city table at the Alaska SeaLife Center Marine Gala, and that it was a good opportunity to support that business and to network. Casagranda thanked Cindy Clock for getting the community events calendar up and running and complete. Seward was not a dull place to be, and this calendar would show that. She congratulated Anderson and Coulter for serving again on the Planning and Zoning Commission.She also attended the Alaska SeaLife Center Marine Gala and it was nice to be there and there was good City of Seward,Alaska City Council Minutes February 23, 2015 Volume 39, Page representation from the center and Seward as well.The event encouraged people to come to Seward, she thought. She reminded the public that anyone on Lowell Point having reports on the sewer lagoon can call 224-3338 and report it. Squires attended the Chamber Awards Banquet and he was pleased with the awards they gave out to local business folks. It was neat to see Urbach's win the Alaska Starts Here award. On a personal note,he was building a new building that was keeping him busy. Squires stated 95%of the materials he purchased were bought locally and a lot of those materials he got better prices on by buying local. Darling said the chamber did a great job at their awards banquet. Long said it was good,tQ travel on behalf of the city. At the chamber awards night, Blackwater Railroad played ank announced they were cutting records and going on tour. They intended to promote Seward in their travels. Hunt ran into a film company from South America,who was traveling to exotic surfing spots and he hoped they would come to Seward to film. Bardarson welcomed the Sikuliaq to Seward. She thanked the volunteers in the community. The recent Mount Marathon rescue efforts last week reminded her of what a giving community Seward was. CITIZEN COMMENTS Linville enjoyed listening to discussion on the crane.He said there would be value in having a work session with PACAB on that issue.Linville saw from the discussion tonight there were things that could be clarified.It was a matter of how to prioritize the boat customers and he knew that was a challenging scenario. He would.keep working on it and PACAB would be happy to have a work session with council. Tim McDonald said if the city were to rebuild a grid, it should be environmentally sound and have a deep cement basin for drainage. The grid really helped the smaller vessel owners. McDonald didn't think people were aware of the effect of what the city was doing to Resurrection Bay.He felt the sewage lagoon at Lowell Point had to go.It was obsolete and vulnerable to elements and disasters. 80 acres of sewage could be let loose and that was concerning. McDonald also recommended what Kodiak was doing with bio-drying their waste matter by burning the matter and shipping it off instead of dumping into the bay.They needed to get a handle on what the cruise ships dumped into the bay. He didn't want Seward to turn into a cesspool. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Terry wanted on the record that she personally spoke to the Public Works Director who said at no point did the the sewage lagoon ever overflow into Resurrection Bay. She added there were regulatory agencies in Alaska monitoring Seward and other communities to make sure they were following proper policies. City of Seward,Alaska City Council Minutes Volume 39, Page February 23, 2015 Motion (Terry/Casagranda) Go into Executive Session to discuss the • City Clerk's evaluation. The City Clerk was invited to attend. Motion Passed Unanimous Council went in to Executive Session at 9:55 p.m. Council came out of Executive Session at 10:30 p.m. Council recessed the meeting until Tuesday, February 24,2015 at 12:05 p.m. ************************ ******************************************************** Council resumed the meeting,Q(n;Tuesday, February 24,2015 at 12:05 p.m. There were present: Jean Bardarson presiding and Marianna Keil Ristine Casagranda Christy Terry David Squires Iris Darling i;7;r comprising a quorum of the Council; and Johanna Kinney, City Clerk Absent—Dale Butts Motion (Terry/Darling) Go back into Executive Session to discuss the City Clerk's Evaluation. The City Clerk was invited to attend. Motion Passed Unanimous Council went into Executive,Session at 12:06 p.m. *Council Member Casagranda left at 12:30 p.m. Council came out of Executive Session at 12:35 p.m. ADJOURNMENT The meeting was adjourned at 12:35 p.m. Johanna Kinney, CMC Jean Bardarson PRESENTED TO THE UNIVERSITY OF ALASKA FAIRBANKS IN COMMEMORATION OF THE COMMISSIONING AND INAUGURAL HOME PORTING OF THE RESEARCH VESSEL SIKULIAQ IN SEWARD , ALASKA OF sexy s • q�A IP • PROUDLY PRESENTED THIS 7TH DAY OF MARCH, 2015 FROM THE CITY OF SEWARD , ALASKA 59 d . . 4' . . .. '.''''j: i.■ 1 f.1 .., ., . • ' ., •., . •,.. ,, ' • . fie*I .... I •...., apoosimmow. „ . ., , .emoso. - _ ... - . - - . - - c FR-VaL''..T ED TO r TEE tNIV OT A.I.ABEA. • 1 PASIXII ! • :Is.:CGIO,IRROSIATION*or TEM :OMITRISIONCeo AND n*•,461:O'CRA.L.RONIX.PORTING , or TOIL NUMBRARcE Vigossi, stra-zuo pc . , I , i -.. , 1 ' •••.:'.. I . I ' I\ • i''' ',..,.........., ''' '. ■. ' :tjAi .............. 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