HomeMy WebLinkAbout01-22-2026 ARB Agenda Packet
Administrative Review Board
AGENDA
Thursday, January 22, 2026, 4:00 p.m.
Council Hearing Room, 990 Palm Street, San Luis Obispo
SPECIAL MEETING OF THE ADMINISTRATIVE REVIEW BOARD
The Administrative Review Board holds in-person meetings. Zoom participation will not be supported.
Attendees of City Council or Advisory Body meetings are eligible to receive one hour of
complimentary parking; restrictions apply, visit Parking for Public Meetings for more details.
INSTRUCTIONS FOR PUBLIC COMMENT:
Public Comment prior to the meeting (must be received 3 hours in advance of the meeting):
Mail - Delivered by the U.S. Postal Service. Address letters to the City Clerk's Office at 990
Palm Street, San Luis Obispo, California, 93401.
Email - Submit Public Comments via email to advisorybodies@slocity.org. In the body of your
email, please include the date of the meeting and the item number (if applicable). Emails will not
be read aloud during the meeting.
Voicemail - Call (805) 781-7164 and leave a voicemail. Please state and spell your name, the
agenda item number you are calling about, and leave your comment. Verbal comments must be
limited to 3 minutes. All voicemails will be forwarded to the members and saved as Agenda
Correspondence. Voicemails will not be played during the meeting.
*All correspondence will be archived and distributed to members, however, submissions received
after the deadline may not be processed until the following day.
Public Comment during the meeting:
Meetings are held in-person. To provide public comment during the meeting, you must be
present at the meeting location.
Electronic Visual Aid Presentation. To conform with the City's Network Access and Use Policy,
Chapter 1.3.8 of the Council Policies & Procedures Manual, members of the public who desire
to utilize electronic visual aids to supplement their oral presentation must provide display-ready
material to the City Clerk by 12:00 p.m. on the day of the meeting. Contact the City Clerk's
Office at cityclerk@slocity.org or (805) 781-7114.
Pages
1.CALL TO ORDER
Chair Karlin will call the Special Meeting of the Administrative Review Board to
order.
2.OATH OF OFFICE
City Clerk Teresa Purrington will administer the Oath of Office to Jim Gardiner,
who was appointed to the Administrative Review Board on September 16, 2025.
As the Board meets on an as-needed basis, a meeting has not been held since
this term began.
3.CONSENT
Matters appearing on the Consent Calendar are expected to be non-
controversial and will be acted upon at one time. A member of the public may
request the Administrative Review Board to pull an item for discussion. The
public may comment on any and all items on the Consent Agenda within the
three-minute time limit.
3.a CONSIDERATION OF MINUTES - May 29, 2025 ADMINISTRATIVE
REVIEW BOARD MINUTES
Consideration of the Administrative Review Board Minutes of May 29,
2025.
Recommendation:
Approve the Administrative Review Board Minutes of May 29, 2025.
4.BUSINESS ITEMS
4.a ORIENTATION AND TRAINING 5
The Administrative Review Board will have the opportunity to review the
orientation and training materials, and to ask staff any related questions.
Legal counsel to the Board will provide training to the Board.
5.APPEALS
Any decision of the Administrative Review Board is final unless appealed to the
Superior Court. Filing for de novo review must happen within 20 days of the
Board's decision pursuant to California Government Code Section 53069.4. To
challenge the decision by writ, please refer to California Code of Civil Procedure
Section 1094.5 or consult an attorney.
6.ADJOURNMENT
The next Special Meeting of the Administrative Review Board will be scheduled
as needed.
LISTENING ASSISTIVE DEVICES are available -- see the Clerk
The City of San Luis Obispo wishes to make all of its public meetings accessible
to the public. Upon request, this agenda will be made available in appropriate
alternative formats to persons with disabilities. Any person with a disability who
requires a modification or accommodation in order to participate in a meeting
should direct such request to the City Clerk’s Office at (805) 781-7114 at least
48 hours before the meeting, if possible. Telecommunications Device for the
Deaf (805) 781-7410.
Agenda related writings or documents provided to the Administrative Review
Board are available for public inspection on the City’s website:
https://www.slocity.org/government/mayor-and-city-council/agendas-and-
minutes. Meeting video recordings can be found on the City’s website:
https://opengov.slocity.org/WebLink/Browse.aspx?id=61073
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Administrative Review Board
Agenda Report
For Agenda of: 1/22/2026
Item Number: 4
Estimated Time: 30 minutes
FROM: Mark Amberg, Assistant City Attorney
Prepared By: Sarah Zion, Legal Assistant
SUBJECT: ORIENTATION AND TRAINING
RECOMMENDATION
Review and ask questions regarding the orientation and training materials.
DISCUSSION
Introductions. Assistant City Attorney and advisor to the Board Mark Amberg to speak to
the Board regarding their role in the administrative citation review process, City policies
on Anti-Discrimination and Harassment, Conflicts of Interest and Drug Free Workplace,
and to answer any questions they may have about that process, or the materials
distributed with this agenda item.
ATTACHMENTS
A – Policy against Discrimination, Harassment and Retaliation
B – Citywide Drug and Alcohol-Free Workplace Policy
C – Due Process Primer
D – SLOMC1.24.130 ARB Decision Contents
E – San Luis Obispo Municipal Code 2.36.380
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Policy Against Discrimination,
Harassment, and Retaliation
Contents
I. PURPOSE ............................................................................................................................. 2
II. SCOPE .................................................................................................................................. 2
III. POLICY ................................................................................................................................. 2
IV. DEFINITIONS ....................................................................................................................... 2
V. COMPLAINT PROCEDURE ................................................................................................. 5
VI. RESPONSE TO COMPLAINTS ............................................................................................ 7
VII. ADDITIONAL ENFORCEMENT INFORMATION ................................................................. 9
VIII.TRAINING AND POLICY DISSEMINATION .......................................................................10
IX. APPROVAL AUTHORITY ..................................................................................................10
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I. PURPOSE
The City of San Luis Obispo is committed to providing a work environment in which all
individuals are treated with respect, courtesy and professionalism, and that is free from unlawful
discrimination, harassment, and/or retaliation. In keeping with this commitment, the City
maintains a strict policy prohibiting such conduct. All covered individuals are encouraged to
report any conduct that is believed to violate this policy as soon as possible.
The purpose of this policy is to define and forbid discriminatory, harassing, and/or retaliatory
conduct, to prohibit the condoning or perpetuating of such conduct, and to provide an efficient
means for reporting and resolving complaints of discrimination, harassment, and/or retaliation
against any individual who reports discrimination, harassment, or retaliation, or who participates
in an investigation of such reports.
II. SCOPE
This policy applies to all City employees, job applicants, advisory body members, elected
officials, volunteers, and contractors (Covered Individuals) when they are on City property or
performing City business. This includes all locations where City employees work or represent
the City, including City worksites, City vehicles, customer and vendor premises, and City
sponsored events and activities. To the extent permitted by law, this policy may apply to off-duty
employee conduct, depending on the nexus to the job and the impact to the City.
III. POLICY
The City of San Luis Obispo maintains a policy prohibiting discrimination, harassment, and/or
retaliation in the workplace. This policy expressly prohibits discrimination, harassment, and/or
retaliation based upon an individual’s legally protected characteristics. Covered Individuals
must not harass, discriminate, or retaliate against anyone because of a legally protected
category or legally protected characteristic as defined herein and by federal and state law. This
includes conduct which constitutes unacceptable behavior even if it is not considered unlawful.
Conduct may violate State and/or Federal law but need not be a violation of law to violate this
Policy and to be the basis for discipline up to and including termination. The City also will not
tolerate discrimination, harassment, or retaliation against City employees or other Covered
Individuals by vendors, customers, or members of the public and will take appropriate steps to
address and stop such behavior if it occurs.
IV. DEFINITIONS
A. Adverse Action or Adverse Employment Action
Examples of conduct that can constitute an adverse action or adverse employment action
include, but are not limited to, the following:
i. Disciplinary actions, unwarranted negative performance evaluations,
undesirable transfers, undesirable change in work duties, unwarranted
exclusion from meetings or events.
ii. Threats or intimidation, negative comments, unwarranted criticism that may
dissuade or prevent an individual from reporting alleged wrongdoing or
because of protected activity.
iii. Any negative action that is taken because of the employee’s complaint of or
opposition to harassment, discrimination, or because of the employee’s
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participation in an employment discrimination or harassment investigation,
proceeding, or hearing.
B. Adverse Conduct
Includes, but is not limited to, taking sides because an individual has reported harassment,
discrimination, and/or retaliation, spreading rumors about a complainant or investigation
participant, shunning and avoiding an individual who reports harassment, discrimination,
and/or retaliation; or real or implied threats of intimidation to prevent an individual from
reporting harassment, discrimination, or retaliation.
C. Covered Individuals
City employees, job applicants, advisory body members, elected officials, volunteers, and
contractors when they are on City property or performing City business.
D. Discrimination
An adverse action or conduct by which an individual is treated differently or less favorably
than similarly situated individuals because they are a member of a legally protected
category, associate with individual(s) in a legally protected category, or are perceived as
being in a legally protected category.
E. Discriminatory Harassment
Verbal, visual, or physical conduct based on an employee’s membership or perceived
membership in a protected category or association with an individual in a protected category
that is sufficiently severe or pervasive to negatively affect an employee’s work performance
or alter the conditions of employment so that a reasonable person would find it more difficult
to do the job. Note that discriminatory harassment is not limited to conduct by employees.
Under certain circumstances, discriminatory harassment can also include conduct by those
who are not employees, such as persons providing services under contracts or even
members of the public.
Harassing conduct can take many forms and includes, but is not limited to, slurs, jokes,
statements, negative stereotyping, threatening or hostile acts, gestures, and written or
graphic material that demeans or denigrates an individual or group because of an
employee’s legally protected characteristics. Harassment on the job is prohibited whether it
involves co-worker harassment, harassment by a supervisor or manager, harassment by
elected or appointed officials, or harassment by third parties doing business with or for the
City.
F. Legally Protected Category or Legally Protected Characteristic
Race (including traits historically associated with race, including, but not limited to, hair
texture and protective hairstyles), religious creed (including religious dress and grooming
practices), color, national origin (including discrimination based on possessing a driver’s
license indicating “this card is not acceptable for official federal purposes”), ancestry,
physical disability, mental disability, reproductive health decision-making, medical condition,
veteran status, sex (including pregnancy, childbirth, and breastfeeding, and related medical
conditions), gender, sexual orientation, gender identity, gender expression, genetic
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information, marital status, veteran or military status, age over 40 years, or any other basis
protected by applicable federal, state, or local law, including association with individuals with
these protected characteristics or perception that an individual has one or more of these
protected characteristics.
G. Sexual Harassment
Sexual harassment is an unwelcome sexual advance, proposition, or request for sexual
favors or dating, or any verbal, visual, or physical conduct of a sexual nature. Sexual
harassment occurs where:
1. Submission to such conduct is made a term or condition of employment or relates to
the conditional receipt of employment benefits, such as hiring, compensation, and
advancement;
2. Submission to or rejection of such conduct is used as basis for making employment
decisions affecting the individual; or
3. Such conduct is severe or pervasive to the extent that it has the purpose or effect of
unreasonably interfering with an employee’s work performance or creates an
intimidating, hostile, or offensive working environment.
Sexual harassment can occur between members of the same or opposite sex. Sexual
harassment need not be motivated by sexual desire. Sexual harassment is prohibited
whether it is perpetrated by a co-worker, supervisor or manager, local City elected or
appointed official, subordinate, or third-party doing business with or for the City.
Examples of conduct that can constitute unlawful harassment or sexual harassment include,
but are not limited to, the following:
a. Verbal harassment: Verbal sexual advances or propositions, jokes, epithets,
derogatory comments or slurs, graphic commentaries about an individual’s body, or
other suggestive or offensive comments made on the basis of a legally protected
category.
b. Physical harassment: Assault, unwanted touching, impeding or blocking
movement, interference with normal work movement, massages, sitting on laps, or
physical behavior of any type based upon a legally protected category. Please also
see Workplace Violence Prevention Policy.
c. Visual harassment: Leering, derogatory gestures, inappropriate or offensive
posters, notices, bulletins, cartoons, drawings, e-mails, content displayed from a
computer or cell phone, or other depictions related to a legally protected category.
d. Sexual conduct: Unwelcome sexual advances or propositions, requests for sexual
favors, unwelcome requests for dates, verbal abuse of a sexual nature, verbal
commentary about an individual’s body, dress or appearance, sexually explicit jokes,
sexually degrading language, suggestive or obscene communications, and other
verbal, visual or physical conduct of a sexual nature.
H. Retaliation
Taking adverse employment action against an employee, or other adverse action against
another Covered Individual (1) because of the individual’s good faith report of or opposition
to a practice the individual believes to constitute employment discrimination, harassment, or
retaliation, or (2) because of the individual’s participation in an employment discrimination,
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harassment, and/or retaliation investigation, proceeding, or hearing (collectively “protected
activity”).
Protected activity or Protected participation may include, but is not limited to, any of the
following:
1. Good faith opposition to or reporting of perceived or actual discrimination,
harassment, and/or retaliation, including a complaint or protest made on behalf of
another employee or made by the employee’s representative. Complaints or
oppositions that are intentionally false and/or not made in good faith are not
protected.
2. Filing a charge or complaint with the City or a federal or state enforcement or
administrative agency.
3. Participating in, testifying as a party, witness or accused, in any internal or
administrative investigation, proceeding or hearing regarding alleged unlawful
activity or cooperating with a federal or state enforcement agency that is conducting
an investigation of the City regarding alleged unlawful activity.
4. Filing a workers compensation claim.
5. Refusing to tolerate or engage in prohibited conduct, or threatening to file a
complaint with any federal, state, or administrative agency or court.
I. Supervisor
An employee with the authority to hire, transfer, suspend, lay off, recall, promote, discharge,
assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust
their grievances, or effectively to recommend that action, if, in connection with the foregoing,
the exercise of that authority is not of a merely routine or clerical nature, but requires the use
of independent judgment.
Employees are strongly encouraged to contact their supervisor, the Director of Human
Resources, or other supervisory employee with any questions regarding these definitions, or
regarding any uncertainty about what constitutes discrimination, harassment, sexual
harassment, retaliation, or prohibited conduct generally under the City’s policy.
V. COMPLAINT PROCEDURE
The City encourages all Covered Individuals to report all actual or perceived incidents of
discrimination, harassment, and/or retaliation as soon as possible. Regardless of whether a
formal complaint is submitted, the City will take a proactive approach to potential Policy
violations and will conduct an investigation if its officers, supervisors, or managers become
aware that harassment, discrimination, and/or retaliation may be occurring.
A. Employee Reporting
Employees who believe the conduct or actions of a Covered Individual are discriminatory,
harassing, retaliatory, or otherwise in violation of this policy are encouraged, but not
required, to inform the person who engaged in the conduct that they find it offensive and
request that the person cease their behavior. Employees who do not wish to confront the
person, or whose attempts to do so have failed, should file a complaint with the City
following the procedures below. Deciding not to confront the person will not prevent the
employee from filing a complaint, nor does it in any way exonerate the accused person(s).
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The City’s management is readily available and receptive to complaints of discrimination,
harassment, and/or retaliation. Employees who believe they are being discriminated or
retaliated against or harassed by, another employee, volunteer, vendor, visitor, elected or
appointed official, or other individual, should immediately report the facts of the incident and
the names of the individuals involved to their immediate supervisor, or to any other
supervisor or Department Head they feel comfortable speaking with, within or outside of
their department. Employees who do not feel that the matter can be discussed with their
immediate supervisor or another supervisor, should contact the Director of Human
Resources and arrange for a meeting to discuss the complaint. Employees who are not
comfortable discussing their complaint with the Director of Human Resources should contact
the City Attorney.
Complaints should be made as soon as possible following the incident and should include
the following information:
1. The complaining employee’s name, department, and position title.
2. The name of the person or persons committing the discrimination, harassment, or
retaliation, including their titles, if known.
3. The specific nature of the discrimination, harassment, or retaliation, how long it has gone
on, any employment actions such as demotion, failure to promote, dismissal, refusal to
hire, or transfer suffered as a result of the discrimination, harassment, or retaliation,
and/or any other threats made against the target of the discrimination, harassment, or
retaliation.
4. Witnesses to the discrimination, harassment, or retaliation, if any.
5. Whether the target of the discrimination, harassment, or retaliation has previously
reported it, and, if so, when and to whom.
The City cannot resolve discrimination, harassment, or retaliation problems unless it knows
about them. Therefore, it is an employee’s responsibility to bring concerns to the attention of
the City so that appropriate steps can be taken to address them.
Employees will not be retaliated against for good faith opposition to or reporting of
discrimination, sexual or other harassment, or retaliation. It is unlawful for an employer to
retaliate against employees who, in good faith, report or oppose practices prohibited by
state and federal law, file complaints, or otherwise participate in an investigation,
proceeding, or hearing conducted by the California Civil Rights Department (CRD) or the
Equal Employment Opportunity Commission (EEOC). Similarly, the City will not tolerate any
interference with internal or administrative investigations and/or complaint procedures.
All employees who observe or learn about the potential harassment of another employee,
volunteer, or intern are encouraged to follow these reporting procedures, and employees
who are supervisors are required to do so, as addressed further in Section (B) below.
All employees should note that the failure to use the City’s complaint procedure may have
an adverse effect on any legal claim under this policy.
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B. Supervisor Reporting Obligations
All supervisors should convey to their employees strong disapproval of discrimination,
harassment, and retaliation and convey that any discrimination, harassment, or retaliation
violates City policy and will not be tolerated. Any supervisor who receives a complaint of
discrimination, harassment, and/or retaliation; who witnesses discrimination, harassment,
and/or retaliation; or has any reason to believe that discrimination, harassment, and/or
retaliation may have occurred in the workplace is required to report the conduct immediately
to the Director of Human Resources, unless the Director of Human Resources is the subject
of the complaint, in which case the supervisor should notify the City Manager or City
Attorney immediately. The Director of Human Resources will notify the City Manager of
receipt of all harassment or discrimination complaints.
A supervisor will be subject to discipline for failing to report conduct that potentially
constitutes discrimination, harassment, or retaliation if the supervisor knew or should have
known of the conduct.
C. Anonymous Complaints
Anonymous complaints are more challenging to investigate and process, so the City
encourages employees to identify themselves when reporting violations. However, any
employee who wishes to make an anonymous complaint of discrimination, harassment,
and/or retaliation without disclosing their identity may do so by following the complaint
procedure above and requesting the complaint be filed anonymously.
Employees should also be aware that should the City learn of the identity of an anonymous
complainant, the City cannot guarantee that their identity will remain confidential if the City
determines in its discretion that disclosure is necessary to complete the investigation or
address sustained findings.
Please also see section on Confidentiality, under Section (B) below.
VI. RESPONSE TO COMPLAINTS
A. Investigation of Complaints
All incidents of discrimination, harassment, and/or retaliation that are reported will be timely
investigated by qualified personnel. The City will immediately undertake or direct an effective,
thorough, impartial, fair, and objective investigation of the discrimination, harassment, and/or
retaliation allegations.
The investigation will include obtaining information from the person accused and anyone who
may have been a witness to the alleged misconduct. All parties to the investigation will be
provided with a fair and appropriate process.
If the complaint is incomplete or contains insufficient information to conduct an investigation,
the Department of Human Resources will ask for more information from the claimant or find
that the claim is unfounded.
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Employees who have information they believe will assist the City in an investigation
pertaining to a violation of this policy are encouraged to contact the Director of Human
Resources or City Attorney.
The City may take appropriate interim action(s) in response to allegations of discrimination,
harassment, and/or retaliation, including but not limited to, placing employees on
administrative leave until the conclusion of the investigation or as otherwise notified by the
City, or attempting informal resolution of the complaint, if appropriate.
The City will document each complaint and monitor each investigation to ensure reasonable
progress, timely closure, and reasonable findings based on the evidence collected.
B. Confidentiality
Any investigation under this policy will be conducted with as much confidentiality as possible
and with respect for the rights of all individuals involved. However, no investigation can be
completely confidential, and information related to the investigation may be provided on a
“need-to-know” basis.
The City and/or its authorized investigator retains sole discretion to determine whether
disclosure of information is necessary to conduct or complete the investigation.
All employees involved in the investigation of discrimination, harassment, and/or retaliation
complaints as either investigator(s), complainant(s), witness(es), or accused parties are
required to keep all information related to the investigation confidential when directed to do
so. If so directed, revealing such information is grounds for disciplinary action, up to and
including termination, except where disclosure is expressly permitted by law, such as in
discussion with a chosen labor or other designated employee representative, attorney, or any
other individual with whom the employee has a legally recognized privilege.
The City will not disclose a completed investigation report except as it deems necessary to
support a disciplinary action, to take remedial action, to defend itself in adversarial
proceedings, or to comply with the law or a court order.
C. Cooperation with Investigation
All employees involved in a workplace investigation into alleged discrimination, harassment,
and/or retaliation are required to cooperate with the investigation fully and truthfully. Failure to
cooperate with the investigation fully and truthfully is grounds for disciplinary action, up to and
including termination. If after making the complaint, the complainant prefers not to participate
further, the investigation will be completed but will be limited by the information available.
Complainants will not be disciplined for choosing not to participate further in an investigation.
It is a violation of this policy for any complaining party, responding party, or witness to
discuss any prohibited details of an investigation with other employees or witnesses or to
conduct independent investigations at any time on their own initiative. The City will not
tolerate any interference with its internal investigations or internal complaint procedures.
D. Determination and Corrective Action
Following investigation, the City will determine whether the allegations in the complaint are
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substantiated or unsubstantiated and communicate that determination to the complaining and
accused parties. Parties are not entitled to copies of any notes or other written materials
regarding the investigation, as the City considers those documents confidential, except where
disclosure is required by applicable law or where documents are required to support
proposed discipline.
If the City concludes that the accused party has violated City policies, appropriate corrective
action will be taken in accordance with established City disciplinary or other applicable
procedures, up to and including termination of employment or discharge. The severity of the
discipline will be determined by the severity and/or frequency of the offense. The City may
take whatever measures are appropriate to ensure its workplaces remain free of unlawful
discrimination, harassment ,and/or retaliation. Further, as part of the City’s attempt to remedy
the complaining party's concerns, the City’s notice to the complaining party will also advise
generally that corrective action has been taken against the accused party, but will not provide
detail, such as the level of discipline imposed.
The City also reserves the right to take appropriate corrective action, up to and including
termination of employment, when the City finds that an employee engaged in inappropriate
conduct that does not rise to the standards set forth in this policy but violates other City
policies or standards of conduct. For example, the City may take appropriate corrective
action for inappropriate conduct that was not subjectively unwelcome or offensive, or does
not meet the legal threshold of severe or pervasive under other City policies prohibiting
unprofessional or discourteous treatment, or similar.
For harassing, discriminatory, retaliatory, or other inappropriate conduct by vendors,
customers, or members of the public, the City will take appropriate action to protect Covered
Individuals, which may include, but is not limited to, ending a business relationship or
restricting further interaction.
E. Appeal
Disciplinary action taken under this procedure may be appealed with or without
representation subject to appeal or grievance procedures indicated in the applicable
Memorandum of Understanding or Personnel Rules and Regulations.
F. Bad Faith and Intentionally False Complaints
While the City vigorously defends its employees’ right to work in an environment free of
discrimination, harassment, and/or retaliation, it also recognizes that false accusations can
have serious and damaging consequences. Any employee who is found, through the City’s
investigation, to have deliberately, falsely accused another person of discrimination,
harassment, and/or retaliation will be subject to appropriate disciplinary action, up to and
including termination.
VII. ADDITIONAL ENFORCEMENT INFORMATION
Employees who believe they have been discriminated, harassed, or retaliated against may also
file a complaint of discrimination with the Civil Rights Department (CRD) or the Equal
Employment Opportunity Commission (EEOC). The CRD and/or EEOC may also investigate
and process the complaint. Violators are subject to penalties and remedial measures that may
include sanctions, fines, injunctions, reinstatement, back pay, and damages. Employees can
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contact the local CRD or EEOC at:
CRD– Bakersfield Regional Office
4800 Stockdale Highway, Suite 215
Bakersfield, CA 93309
Phone: (800) 884-1684
EEOC – Los Angeles District Office
Roybal Federal Building
255 East Temple St., 4th Floor
Los Angeles, CA 90012
Phone: 213-785-3090
VIII. TRAINING AND POLICY DISSEMINATION
In accordance with Government Code Section 12950.1, the City requires all employees to be
trained on preventing discrimination, sexual harassment and retaliation in the workplace every
two years. In addition, all new employees or persons appointed or promoted to supervisory
positions shall be trained within six months of their hire, appointment, or promotion.
Supervisory training shall last for a minimum of two hours. Non-supervisory training shall last for
a minimum of one hour.
In accordance with Government Code Section 53237.1, the City requires members of the City
Council and all paid members of Advisory Bodies be trained on preventing sexual harassment.
The two-hour training must be completed within six months of taking office and every two years
thereafter. A local City official who serves more than one local agency may satisfy the training
requirements once every two years, without regard to the number of local agencies they serve.
In addition, all employees, elected officials and paid advisory body members shall be given a
copy of this policy as part of their initial orientation with the City and may be required to sign an
acknowledgement of receipt, which will be maintained in the employee’s personnel file. Further,
they shall receive a copy in conjunction with any discrimination, harassment and/or retaliation
prevention training they attend.
IX. APPROVAL AUTHORITY
The City Manager has authority to approve administrative updates to this policy.
Responsible Department: Human Resources
Approved by:
_____________________________ ____________
Whitney McDonald, City Manager Date
Date Revised: 10/02/25
To ask questions regarding this policy or to discuss a particular situation, please contact the
Human Resources Department at (805) 781-7250.
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Page 1 of 25 Adopted 08/23/22
Drug and Alcohol-Free Workplace Policy
City of San Luis Obispo
Purpose
The City of San Luis Obispo is committed to providing all its employees with a safe, healthful,
and productive work environment, which includes maintaining a drug and alcohol-free
workplace. This Policy is intended to provide guidance for employees who may have questions
or concerns about the use of illegal or controlled substances including alcohol that could impair
an employee’s ability to perform the functions of their job safely and effectively and/or threaten
the safety of coworkers. This Policy applies to all City employees, regardless of their
employment status (e.g., regular, supplemental, contract employees).
Additionally, the City of San Luis Obispo complies with the Drug Free Workplace Act of 1988
and complies with the Omnibus Transportation Employee Testing Act of 1991 ("OTETA") with
respect to covered employees under OTETA. For covered employees, as defined by the
Department of Transportation (DOT) performing safety-sensitive work, or positions that would
be particularly dangerous if performed under the influence of drugs and alcohol, The City of San
Luis Obispo oversees random testing and reasonable suspicion testing to prevent accidents and
injuries. These positions are listed in Attachment A.
Policy Summary
All City Employees are expected to be in the best possible mental and physical condition to
perform their jobs and may not manufacture, distribute, dispense, possess, or use drugs or
controlled substances including alcohol and marijuana any place where City work is performed,
including a City building or site, in any City-owned vehicle, or off-site while conducting City
business. The City will make a good faith effort to maintain a drug and alcohol-free workplace
through implementation of this Policy.
Exceptions. This Policy shall not prevent a Safety Employee of the City of San Luis Obispo
Police Department from possessing drugs or alcohol as part of their official duties and when in
furtherance of the mission of the Police Department. Members who are authorized to consume
alcohol as part of a special assignment shall not do so to the extent of impairing on-duty
performance.
Employee Support
Employees with concerns about personal use of alcohol or drugs are encouraged to seek help
and will not have their job or promotional opportunities jeopardized if they do so. Employees
with concerns about coworkers’ actions that may be related to drug or alcohol use should convey
their observations to their supervisors. The City provides resources to foster productive
workplace behaviors and healthy life choices including drug counseling, rehabilitation, and
employee assistance programs. The City respects individuals’ rights to confidentiality and
privacy; pertinent information and records of employees seeking assistance will be preserved in
the same manner as other confidential records and will not become part of the employee’s
personnel file.
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Violation of Policy
While the City will be supportive of those who seek help voluntarily, the City will be equally firm
in identifying and disciplining those who endanger their health, safety, and general wellbeing
and of others because of their use of substances or who violate a federal, state or City law and/or
drug policies. Discipline may include not being hired, mandatory participation in a treatment
program, or termination. Employees will notify the Director of Human Resources within five (5)
days of any criminal drug statute conviction for which s/he receive a violation occurring in the
workplace. As required by law, the City shall notify the appropriate federal granting agency of
any criminal convictions of an employee for illegal drug activity in the workplace within ten (10)
days of the City’s notification of such conviction.
Prescription Drugs
Employees may take over-the-counter drugs that are not marked “Do Not Drive,” or “Do not
operate heavy equipment,” or include some other precaution. Otherwise, employees must
provide their supervisor with a written statement from the prescribing physician that medications
with listed precautions will not impair the employee’s ability to perform his or her duties. If the
prescribing physician determines use of the medication will impair the employee’s functioning
on the job, the supervisor can modify work assignments, or recommend paid leave or industrial
leave as appropriate.
Implementation of this Policy will not require or result in any special regulations, privileges, or
exemptions from the standard administrative practices applicable to job performance
requirements.
All employees should be fully informed of this Policy and have access to information concerning
the impact of the use of alcohol and drugs on job performance. All newly hired employees will
sign this Policy, and a copy will be kept in their Personnel File.
I, __________________________________ have read, understand, and will abide by the City
of San Luis Obispo's Drug and Alcohol-Free Workplace Policy.
______________________________________________________________________
Signature Date
The following are among the drug counseling, rehabilitation and/or other agency assistance
programs available locally:
• City of San Luis Obispo Employee Assistance Program (EAP) (800) 342-8111
• San Luis Obispo County Drug Program (805) 781-4753
• San Luis Obispo County Alcohol Services (805) 781-4275
• Narcotics Anonymous (805) 549-7730
• Alcoholics Anonymous (805) 541-3211
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Who is Subject to Drug and Alcohol Testing?
Group 1: DOT Classifications
Covered employees include individuals who are required to operate a vehicle with a gross weight
of at least 26,001 pounds; with a gross combination weight of at least 26,001 pounds inclusive
of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; designed to
transport 16 or more passengers, including the driver; or used to transport hazardous materials
found in the Hazardous Materials Transportation Act.
If an employee does not perform safety-sensitive functions, the Director of Human Resources
may provide a written exemption from this Policy and can also provide a list of specific positions
that are covered under the Omnibus Transportation Employee Testing Act of 1991.
A list of DOT classifications are defined in Attachment A.
Applicants for safety-sensitive jobs. Those applying for safety-sensitive jobs are required to take
a drug and alcohol test after receiving a conditional job offer. Those who refuse to submit to
testing or attempt to tamper with or alter a test sample will be considered to have refused to
participate in the testing process and will not be hired or considered for employment for the
positions listed above for one year from the job applicant’s refusal to participate in the testing
process. All applicants who transfer from classifications which are not covered to classifications
which are covered will be required to submit to pre-employment/pre-duty drug testing.
Applicants will not be assigned to classifications which are covered by this Policy if they do not
pass the test. An applicant who tests positive for drugs and/or alcohol or unauthorized
prescription drugs will not be hired or reconsidered for employment for a year from the last
positive test.
Certain supplemental employees. Supplemental employees whose job duties are the same as
those listed as covered employees and who are required to hold a California class A or B license,
will be part of the random drug and alcohol testing.
Group 2: All classifications represented by the San Luis Obispo City Firefighters’
Association, Local 3523
Group 2a: Sworn Classifications
Group 2b: Non-Sworn Classifications
A list of Local 3523 classifications are defined in Attachment A.
Group 3: All classifications represented by the San Luis Obispo Police Officers’
Association (POA) and the San Luis Obispo Police Staff Officers’ Association (SLOPSOA)
Group 3a: Sworn Classifications
Group 3b: Non-Sworn Classifications
A list of POA and SLOPSOA classifications are defined in Attachment A. Note: These employees
are also covered by Policy 1011 of the San Luis Obispo Police Department Policy Manual.
Group 4: All other classifications, including:
- All classifications represented by the San Luis Obispo City Employees Association
(SLOCEA), as defined in Attachment A.
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- All Unrepresented Management and Confidential Employees
- All Supplemental employees.
Types of Testing
No drug and/or alcohol test may be administered, sample obtained, or drug and/or alcohol test
be conducted on any sample without the written acknowledgment of the applicant or employee
being tested (Attachment D).
Pre-employment testing: Group 1, 2a, and 3a Employees
Those applying for Group 1 jobs that possess a Commercial Driver’s License (CDL) and those
applying for Group 2a or Group 3a jobs are required to take and pass drug and alcohol tests as
part of their pre-employment physical after receiving a conditional job offer and prior to
employment. Applies only to initial probationary employees.
Random Testing: Group 1 Employees
• A random alcohol and/or drug test will be administered just prior to the employee
performing a safety-sensitive function (e.g. driving), while the employee is performing a
safety-sensitive function, or just after the employee has stopped performing a safety-
sensitive function.
• A random alcohol test will be administered to at least 10% of the total number of covered
employees per year and selected by the company contracted by the City.
• A random drug test will be administered to at least 50% of the total number of covered
employees per year and selected by the company contracted by the City.
• Some employees may be tested more than once in a year, while others may not be tested
at all, depending on the random selection by the company contracted by the City.
• Group 3 Employees: See Policy 1011 of the San Luis Obispo Police Department Policy
Manual.
Reasonable Suspicion Testing: Group 1, 2, 3, and 4 Employees
Alcohol and/or drug testing may be warranted under the following circumstances:
• The supervisor reasonably believes, based upon objective facts, that the employee is
under the influence of alcohol or drugs that are impairing his/her ability to perform duties
safely and efficiently.
o Attachment C provides a reasonable suspicion assessment form for the trained
supervisor to complete and provide to the Human Resources Department prior to
sending the employee for reasonable suspicion testing. The supervisor shall
consult with the Human Resources Director or designee, such as the Risk
Manager or Safety Officer, prior to sending employee for testing. The observation
must be based on short term indicators, such as blurry eyes, slurring or alcohol on
the breath. The supervisor may not rely on long-term signs, such as absenteeism
or tardiness, to support the need for immediate action.
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o The employee has a right to consult with their representative, if any. If the
representative an employee requests is unavailable, the employee may request
alternate representation; however, the City is not obliged to postpone the
reasonable suspicion testing.
• During the performance of his/her duties, the employee drives a motor vehicle and
becomes involved in an incident that results in bodily injury to him/herself or another
person, or substantial damage to property and there is a reasonable suspicion based on
objective facts that the employee is under the influence of alcohol or drugs.
• Group 3a Employees Only: The employee discharges a firearm, other than by accident,
in the performance of his/her duties, and, there is a reasonable suspicion based on
objective facts that the employee is under the influence of alcohol or drugs. See
Attachment C.
An alcohol test will be administered within two hours of a documented observation. If not, the
employer must provide a written explanation why the test was not promptly conducted. No test
may be administered after eight hours following the observation.
To ensure that supervisors are trained to assess observations and make determinations for
immediate action, supervisors vested with the authority to require drug and alcohol tests will
attend at least 1.5 hours of training on alcohol and controlled substance misuse within six months
of hire. Additionally, supervisors shall attend 1.5 additional hours of training on alcohol and
controlled substance misuse every two years. The training will cover the physical, behavioral,
speech, and performance indicators of probable alcohol misuse and use of controlled
substances.
Employees tested based upon reasonable suspicion of drug and/or alcohol use in accordance
with this Policy will remain on paid administrative leave and not be allowed to return to work until
the results of the test are received that verify that the employee is not under the influence or until
a qualified medical professional releases the employee for duty.
Post-Accident Testing: Group 1 Employees
Testing is undertaken when an on-duty employee has been involved in a vehicle-related incident
and a State or local enforcement authority issues a citation to the covered employee driver for a
moving violation. If the accident involved the loss of human life and no citation is issued, each
surviving driver will be tested. Post-accident alcohol tests shall be administered on covered
employees within two hours following an accident and no test may be administered after eight
hours. A post-accident drug test shall be conducted within 32 hours following the accident.
Post-Treatment Testing: Group 1, 2, 3 and 4 Employees
Follow-up testing is required for employees who have returned to work following a positive test
and their participation in a drug and/or alcohol rehabilitation program. (See Return to Duty
section)
Testing Protocols
Administration. The Director of Human Resources or his/her designee is the Designated
Employer Representative (DER) and shall be responsible for overseeing implementation of the
Policy and the testing procedures listed below. The DER will be responsible for reviewing all
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disciplinary actions resulting from violations of this Policy to ensure actions are consistent with
this Policy and applicable laws. The DER also shall be responsible for communicating directly
with the Medical Review Officer (MRO) and/or Substance Abuse Professional (SAP) and
Substance Abuse and Mental Health Services Administration (SAMHSA) regarding any drug
and/or alcohol tests, and for providing training to supervisors and employees.
The drug testing program is administered by Addiction Medicine Consultants, Inc (AMC) and
testing is done by Star Drug Testing, 1223 Higuera Street, San Luis Obispo during regular
business hours. The employer shall pay for all costs involving drug and alcohol testing as well
as the expenses involved of the MRO.
Mandatory Reporting. Any employee who has reason to believe that another employee may be
in violation of this Policy shall immediately notify his or her immediate supervisor. The supervisor
should take whatever action is deemed prudent to ensure the safety of the public and employees.
Should the supervisor believe, based on specific and documented facts and observations
(Attachment C), that the employee may be under the influence of drugs and/or alcohol,
immediate coordination with Human Resources should occur. This will include immediately
removing the employee from the workplace placing them on paid administrative leave until such
time as testing results confirm or refute the presence of drugs and/or alcohol.
Alcohol Testing. Alcohol testing will be conducted by using an evidential breath test device
(EBT) approved by the National Highway Traffic Safety Administration. Non-EBT devices may
be used for initial screening tests. A screening test will be conducted first. If the result is an
alcohol concentration of less than 0.02, the test is considered a negative test. If the alcohol
concentration level is 0.02 or more, a second confirmation test will be conducted.
Drug Testing. Drug testing will be conducted in compliance with DOT Regulations
(CFR49Part40) and pursuant to these procedures:
• The urine specimen will be split into two bottles labeled as “primary” and “split” specimen.
Both bottles will be sent to the lab.
• If the urinalysis of the primary specimen tests positive for the presence of illegal,
controlled substance, the employee has 72 hours to request that the split specimen be
analyzed by a different certified lab.
• The urine sample will be tested for marijuana, cocaine, opioids, amphetamines, and
phencyclidine (See Attachment E).
• If the test is positive for one or more of these drugs, a confirmation test will be performed
using gas chromatography/mass spectrometry analysis.
• All drug tests will be reviewed and interpreted by a physician before they are reported to
the employee and then to the City.
• With all positive drug tests, the MRO will first contact the employee to determine if there
is an alternative medical explanation for the positive test result. If documentation is
provided and the MRO determines that there was a legitimate medical use for the
prohibited drug, the test result may be reported to the City as “negative.”
Refusal to Test
Refusal to test is defined as any of the following:
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• Refusal to complete and sign the breath alcohol testing form, or otherwise to cooperate
with the testing process in a way that prevents the completion of the test.
• Tampering with a specimen or collection process.
• Tardiness to reporting collation site after time allocated for applicant or employee to report
without a valid explanation.
• A refusal to provide a urine sample for a drug test.
• Inability to provide a urine sample without a valid medical explanation.
• Inability to provide breath or to provide an adequate amount of breath without a valid
medical explanation.
• Not reporting to the collection site in time allotted by the supervisor or manager who
directs the employee to be tested.
• Leaving the scene of an accident without a valid reason as to why authorization was not
obtained from a supervisor or manager who shall determine whether to send the
employee for a post-accident drug and/or alcohol test.
Applicants who refuse to submit to testing as required by this Policy will not be hired or
considered for employment for the positions considered to be covered by this document. An
applicant who tests positive for drugs, alcohol and/or unauthorized prescription drugs will not be
hired or reconsidered for employment for a year from the last positive test.
A covered employee who refuses to submit to any required drug/alcohol testing will be treated
in the same manner as an employee who tested 0.02 or greater on an alcohol test or tested
positively on a controlled substances test. Additionally, the employee will be subject to the
Personnel Actions described.
Rehabilitation
Voluntary Disclosure. The City has established an Employee Assistance Program (EAP) to help
employees who voluntarily seek assistance with their use of alcohol and controlled substances.
If an employee needs help, s/he should call Aetna Resources for Living at (800) 342-8111 and
inform them that s/he is an employee of the City of San Luis Obispo and request an appointment.
At the supervisor’s discretion, an employee requesting this assistance may be transferred, given
work restrictions, or placed on leave while receiving treatment until the employee is drug and/or
alcohol free. An employee’s voluntary disclosure of substance or alcohol abuse will not
terminate any investigation, criminal or administrative action initiated prior to the disclosure.
Each employee is responsible for seeking assistance before the employee’s drug and/or alcohol
problem leads to a violation of this Policy or before the employee is asked to submit to drug
and/or alcohol testing.
Leave Time. Employees must use available paid time off including sick, vacation, floating
holiday, holiday leave, compensatory time off, administrative leave etc. or request an unpaid
leave of absence if time off from work is necessary for any treatment or rehabilitation program.
The costs of long-term rehabilitation or treatment services are the ultimate responsibility of the
employee whether covered by the employee’s medical plan.
Return to Duty/Follow-up Testing
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A covered employee who has violated any of the Prohibitions of this Policy must submit to a
return-to-duty test before s/he may be returned to his/her position. The test result must indicate
an alcohol concentration of less than 0.02 or a verified negative result on a controlled substance
test. The employee will be subject to at least six additional unannounced drug/alcohol tests
during the first year back to their position following the violation because studies have shown
that the relapse rate is highest during the first year of recovery.
Any covered employee who engages in any action prohibited by this Policy will:
• Be removed from performing any safety-sensitive functions.
• Submit to an examination by a substance abuse professional. Upon a determination by
the substance abuse professional, the employee may be required to undergo treatment
for his/her alcohol or drug abuse. The City is not required to pay for this treatment.
• Not be reassigned to safety-sensitive duties until the employee is evaluated by a
substance abuse professional; participates in a rehabilitation program if directed by the
professional who has determined the employee has properly followed the rehabilitation
program; submits to a return-to-duty controlled substance and/or alcohol test (depending
on which test the employee failed) which indicates an alcohol concentration level of less
than 0.02 or a negative result on a controlled substance test.
• Be subject to unannounced follow-up testing after returning to his/her position.
Prohibited Conduct
The following conduct is prohibited by OTETA and in violation of the City Personnel Rules and
Regulations:
• Reporting for duty or remaining on duty requiring the performance of safety-sensitive
functions with an alcohol concentration level of 0.02 or greater.
• Performing a safety-sensitive function within four hours of using alcohol.
• Being on duty or operating a vehicle while possessing alcohol.
• Reporting for duty or remaining on duty requiring the performance of safety-sensitive
functions after use of any controlled substances, except if the use is pursuant to the
instructions of a physician who has advised the employee that the substance does not
adversely affect the employee's ability to safely operate a vehicle.
• Reporting for duty or remaining on duty requiring the performance of safety-sensitive
functions if the employee tests positive for controlled substances.
• Refusing to submit to any alcohol or controlled substances test required by this Policy. A
covered employee who refuses to submit to a required drug/alcohol test will be treated in
the same manner as an employee who tested 0.02 or greater on an alcohol test or tested
positively on a controlled substances test (see Refusal to Test section).
• Consuming alcohol during the eight hours immediately following an accident, or until the
employee undergoes the post-accident alcohol test, whichever occurs first.
• Refusing or being unable to provide, within twenty-four (24) hours of request, a current
valid prescription for any drug or medication identified when a drug screen/analysis is
positive. The prescription must be in the employee's name.
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Page 9 of 25 Adopted 08/23/22
Any covered employee who engages in any action prohibited by this Policy will be removed from
performing any safety-sensitive functions and not reassigned until a substance abuse
professional has determined that s/he has followed recommended rehabilitation measures and
passed drug and/or alcohol tests as described in this document. All are subject to the provisions
of this Policy, which complies with applicable Federal, State, and City laws, including the Drug
Free Workplace Act of 1988 and the Omnibus Transportation Employee Testing Act of 1991
("OTETA"), and as defined in this Policy (Attachment B).
Personnel Actions
Any employee violations of this program may constitute misconduct under the City’s Personnel
Rules and Regulations. Consistent with the City’s practices, disciplinary action shall be
considered on an individual basis, considering the nature of the offense, the employee’s previous
work and conduct record, the length of the service of the employee concerned and any other
pertinent information. In appropriate circumstances and solely within its discretion, the City may
consider the employee’s commitment to recovery and/or the employee’s agreement to enter into
a Last Chance agreement as mitigating factors in assessing the appropriate disciplinary action.
The City may also take action to terminate employment as it deems appropriate.
Any Group 1 employee who engages in any of the prohibited activities violates federal law and
could be subject to federal penalties.
Enforcement
Managers and supervisors are responsible for consistent enforcement of this Policy. Any
supervisor who knowingly permits a violation of this Policy by employees under his/her direct
supervision may be subject to disciplinary action.
Questions
Employees should contact the Director of Human Resources if they have any questions about
their rights and obligations under this Policy.
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Attachment A - Classifications Covered by Drug and Alcohol Testing
Group 1
DOT
• Fire Vehicle Mechanic
• Mechanic Helper
• Ranger Maintenance Worker I and II
• Streets Maintenance Operator
• Streets Crew Coordinator
• Sweeper Operator
• Urban Forester
• Urban Forester Supervisor City Arborist
• Underground Utilities Locator
• Wastewater Collection System Operator
• Wastewater Collection System
Supervisor
• Water Distribution Chief Operator
• Water Distribution System Operator
• Water Distribution System Supervisor
Group 2
Group 2a: Sworn Fire
• Fire Battalion Chief
• Fire Captain
• Fire Engineer
• Firefighter
Group 2b: Non-Sworn Fire
• Fire Inspector I, II and III
• Fire Vehicle Mechanic 1
• Hazardous Materials Coordinator
Group 3
Group 3a: Sworn POA
• Police Officer
Group 3b: Non-Sworn POA
• Communications Technician
• Lead Police Records Clerk
• Property and Evidence Technician
• Lead Property & Evidence Technician
• Police Cadet
• Police Field Service Technician
• Police Records Clerk I and II
Group 3a: Sworn SLOPSOA
• Police Sergeant
• Police Lieutenant
• Police Captain
Group 3b: Non-Sworn SLOPSOA
• Police Records Supervisor
• Communications Supervisor
• Communications Manager
Group 4
• Please see the current regular and contract salary schedule at www.slocity.org for a
complete list of SLOCEA, unrepresented management and confidential Classifications,
listed under Bargaining Units CEA, MME, DPH and CNF. Some classifications are also
included under Group 1.
1 Fire Vehicle Mechanic is also included under Group 1.
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Page 11 of 25 Adopted 08/23/22
• Please see the current supplemental employee salary schedule at www.slocity.org for a
list of supplemental classifications.
Attachment B - Definitions
Accident shall mean when an individual dies or when a State or local law enforcement authority
issues a citation to a covered employee for a moving violation arising from the accident as a
result of an occurrence involving a vehicle.
Alcohol shall mean the intoxicating agent in beverage alcohol, ethyl alcohol or other low
molecular weight alcohol including methyl or isopropyl alcohol.
Chain of Custody shall mean procedures to account for the integrity of each specimen by
tracking its handling and storage from point of collection to final disposition of specimen at a
certified laboratory.
City Equipment shall mean all property and equipment, machinery and vehicles owned,
leased, rented or used by the City.
Collection Site shall mean a designated clinic/facility where applicants or Employees may
present themselves for the purpose of providing a specimen to be analyzed. The City will select
a Collection Site and require that the Collection Site comply with all the methods of collection
and Chain of Custody and provide documentation of compliance to the City.
Covered Employee(s) under Group 1 is a person who operates (i.e., drives) a Commercial
Motor Vehicle (CMV) with a gross vehicle weight rating (GVWR) of 26,001 or more pounds; or
is designed to transport 16 or more occupants (to include the driver); or is of any size and is
used in the transport of hazardous materials that require the vehicle to be placarded. (FMCSA
49 CFR Part 382)
Designed Employer Representative (DER) shall mean the Director of Human Resources or
designee.
Drug or Drugs shall mean any controlled substance that is not legally obtainable under State
or Federal law, or a prescription drug obtained or used without benefit of a prescription by a
licensed physician.
Medical Review Officer (MRO) shall mean a licensed physician with knowledge of drug abuse
disorders as well as appropriate training to interpret and evaluate an employee’s positive test
results together with an employee’s medical history and any other biomedical information. MRO
reviews all negative and positive test results and interviews individuals who tested positive to
verify the laboratory report before the employer is notified. The City shall select an MRO who
is a licensed physician.
Prescription Drug shall mean any substance that an awfully be obtained or possessed
pursuant to a prescription by a licensed physician.
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Positive Test shall mean to have the presence of a drug or a drug metabolite and/or alcohol in
a person’s system that is equal to or greater than the levels allowed by this Policy in the
confirmation test as determined by appropriate testing of breath, urine, or blood specimen and
which is determined by the MRO to be the result of the use of drugs and/or alcohol.
Testing Laboratory shall mean Substance Abuse and Mental Health Services Administration
(SAMHSA) certified testing laboratory.
Safety Sensitive Positions. While the DOT leaves it to the individual agencies to determine
which positions are safety-sensitive, it also describes these as positions are jobs in which an
employee is responsible for his or her own or other people’s safety and that would be particularly
dangerous if performed under the influence of drugs or alcohol.
Safety-Sensitive Functions - The following are safety-sensitive functions:
a) All time at a carrier or shipper plant, terminal, facility or other property, or on any public
property, waiting to be dispatched, unless the driver has been relieved from duty by the
employer. This includes employees who are “eligible” at work to drive a commercial
motor vehicle at anytime.
b) All time inspecting equipment as required by the Federal Motor Carrier Safety
Regulations (FMCSRs), or otherwise inspecting, servicing or conditioning any
commercial motor vehicle at any time.
c) All driving time, which is any time spent at the driving controls of a commercial motor
vehicle in operation.
d) All time, other than driving time,in or upon any commercial motor vehicle, except time
spent resting in the sleeper berth.
e) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the
loading or unloading, attending a vehicle being loaded or unloaded, remaining ready to
operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded.
f) All time repairing, obtaining assistance for, or remaining with a disabled vehicle.
Substance Abuse Professional (SAP) shall mean a licensed physician, social worker,
psychologist, Employee Assistance Program (EAP) or certified National Association of
Alcohol and Drug Abuse Counselors (NAADAC) with knowledge of and clinical experience
in diagnosis and treatment of alcohol and controlled substance disorders. SAP determines
whether an employee is “Fit for Duty” following an employee’s refusal to test or failed alcohol
or drug test, refers employee for a return to duty test and schedules unannounced follow up
testing for a period of up to 36 months from the date the employee tested positive.
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Attachment C - Reasonable Suspicion Assessment Form
Employee Name:
______________________________________________________________________
Observation Date(s) and Time(s):
______________________________________________________________________
Location of Employee:
______________________________________________________________________
Location of Supervisor(s):
______________________________________________________________________
Other present during activities or observations:
______________________________________________________________________
Incident(s) observed which give cause for concern. May include behaviors such as taking
needless risks, accident(s), disregard for others’ safety, unusual/distinct pattern of
absenteeism/tardiness, increased high/low periods of productivity, lapses of concentration or
judgment, etc.)
__________________________________________________________________________
__________________________________________________________________________
______________________________________________________________
1. Presence of alcohol, alcohol containers, drugs, and/or drug paraphernalia (specify):
________________________________________________________________________
________________________________________________________________________
_________________________________________________________
2. Appearance:
Flushed
Bloodshot/Glassy/Watery
Eyes
Dilated/ Constricted Pupils
Inappropriate Behavior
Dry-mouth symptoms
Puncture Marks
Tremors
Inappropriate wearing of
Sunglasses
Runny Nose/Sores
Disheveled Profuse Sweating
Smell of Alcohol or Marijuana
Other
Other (specify if selected)
______________________________________________
3. Behavior/Speech:
Incoherent
Confused
Agitated
Slurred
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Page 14 of 25 Adopted 08/23/22
Slowed
Sleeping on the job
Unconscious
Hostile/Confrontational
Other
Other (specify if selected) _____________________________________________
4. Awareness:
Confused
Lethargic
Lack of Coordination
Mood Swings
Paranoid
Euphoric
Disoriented
Other
Other (specify if selected) _____________________________________________
5. Motor skills/Balance:
Unsteady
Staggering
Arms Raised for balance
Swaying
Stumbling
Falling
Reaching for Support
Other
Other (specify if selected) _____________________________________________
6. Other observed actions or behaviors:
________________________________________________________________________
________________________________________________________________________
______________________________________________________
Supervisor’s Comments:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
______________________________________________________
Supervisor’s Name: ____________________________________________________
Signature: ___________________________________ Date: ___________________
Witness’ Name: _______________________________ Date: ___________________
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Attachment D – Acknowledgement of Submission to Drug and/or Alcohol
Testing
CITY OF SAN LUIS OBISPO
ACKNOWLEDGEMENT OF SUBMISSION TO DRUG AND/OR ALCOHOL
TESTING
I, ______________________________________ (PRINT NAME), understand
and acknowledge that I have reviewed a copy of the City of San Luis Obispo Drug and Alcohol
Testing Policy (Policy). I hereby acknowledge that I am required to submit to drug and/or alcohol
testing pursuant to the Policy.
I understand and acknowledge that information regarding the test results will be released to the
City of San Luis Obispo and that such information may be used as grounds for disciplinary action
up to and including discharge.
I further understand and acknowledge that:
- The City of San Luis Obispo will pay the cost of all drug and/or alcohol tests required or
requested by the City.
- I may request in writing a copy of the results of any such test.
- I may request that a split sample test be sent to a certified Testing Laboratory of my choice,
consistent with the procedures outline in the City of San Luis Obispo Drug and Alcohol
testing Policy, and that I will bear all of the costs associated with the split sample testing.
- By signing this form, I hereby acknowledge that the split sample test results will be released
to the City of San Luis Obispo.
- I have the right to refuse to submit to such testing; however, refusal by me to submit to or
cooperate at any stage of the testing shall be considered equivalent to a confirmed “positive”
test for purposes of disqualification from Employment and/or disciplinary action, up to and
including discharge from employment with the City of San Luis Obispo.
- I may also be required to execute forms at the Collection Site of Testing Laboratory.
With full understanding and knowledge of the foregoing, I hereby acknowledge my obligation to
submit to drug and/or alcohol testing conducted by the clinic and/or Testing Laboratory selection
by the City of San Luis Obispo.
I have read the above acknowledgement and certify that I have signed this document with full
knowledge and understanding of its contents.
Signature ____________________ Date_________ City & State _______________
Witness Signature_________________________ Date__________
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Attachment E - Fact Sheets
Alcohol
Alcohol is a socially acceptable drug that has been consumed throughout the world for centuries.
It is considered a recreational beverage when consumed in moderation for enjoyment and
relaxation during social gatherings. However, when consumed primarily for its physical and
mood-altering effects, it is a substance of abuse. As a depressant, it slows down physical
responses and progressively impairs mental functions.
Signs and Symptoms of Use
• Dulled mental processes
• Lack of coordination
• Odor of alcohol on breath
• Possible constricted pupils
• Sleepy or stuporous condition
• Slow reaction rate
• Slurred speech
(Note: Except for the order, these are general signs and symptoms of any depressant
substance.)
Health Effects
The chronic consumption of alcohol (average of three (3) servings per day of beer [12 ounces],
whiskey [1 ounce], or wine [6-ounce glass] over time, may result in the following health hazards:
• Decreased sexual functioning
• Dependency (up to 10 percent of
those who drink alcohol become
physically and or mentally dependent
on alcohol and can be termed
“alcoholic”)
• Fatal liver diseases
• Increased cancers of the mouth,
tongue, pharynx, esophagus, rectum,
breast, and malignant melanoma
• Kidney disease
• Pancreatitis
• Spontaneous abortion and neonatal
mortality
• Ulcers
• Birth defects (up to 54 percent of all
birth defects are alcohol related)
Social Issues
• Two-thirds of all homicides are committed by people who drink prior to the crime.
• Two to three percent of the driving population is legally drunk at any one time. This rate
is doubled at night and on weekends.
• Two-thirds of all Americans will be involved in an alcohol-related vehicle accident during
their lifetimes.
• The rate of separation and divorce in families with alcohol dependency problems is seven
times the average.
• Forty percent of family court cases are alcohol problem related.
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• Alcoholics are fifteen times more likely to commit suicide than are other segments of the
population.
• More than sixty percent of burns, forty percent of falls, sixty-nine percent of boating
accidents and seventy-six percent of private aircraft accidents are alcohol related.
The Annual Toll
• 24,000 people will die on the highway due to the legally impaired driver.
• 12,000 more will die on the highway due to the alcohol-affected driver.
• 15,800 will die in non-highway accidents.
• 30,000 will die due to alcohol-caused liver disease.
• 10,000 will die due to alcohol-induced brain disease or suicide.
• Up to another 125,000 will die due to alcohol-related conditions or accidents.
Workplace Issues
• It takes one hour for the average person (150 pounds) to process one serving of an
alcoholic beverage from the body.
• Impairment in coordination and judgment can be objectively measured with as little as
two drinks in the body.
• A person who is legally intoxicated is six time more likely to have an accident than a sober
person.
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Amphetamine
Amphetamines are central nervous system stimulants that speed up the mind and body. The
physical sense of energy at lower doses and the mental exhilaration at higher doses are the
reasons for their abuse. Although widely prescribed at one time for weight reduction and mood
elevation, the legal use of amphetamines is now limited to a very narrow range of medical
conditions. Most amphetamines that are abused are illegally manufactured in foreign countries
and smuggled into the U.S. or clandestinely manufactured in crude laboratories.
Description
• Amphetamine is sold in counterfeit capsules or as white, flat, double-scored
“minibennies.” It is usually taken by mouth.
• Methamphetamine is often sold as a creamy white granular powder or in lumps and is
packaged in aluminum foil wraps or sealable plastic bags. Methamphetamine may be
taken orally, injected, or snorted into the nose.
• Trade/street names include Biphetamine, Delcobese, Desotyn, Detedrine, Chetrol,
Ritaline, Speed, Meth, Crank, Monster, Black Beauties, and Rits.
Signs and Symptoms of Use
• Hyperexcitability, restlessness
• Dilated pupils
• Increased heart rate and blood
pressure
• Heart palpitations and irregular beats
• Profuse sweating
• Rapid respiration
• Confusion
• Panic
• Talkativeness
• Inability to concentrate
• Heightened aggressive behavior
Health Effects
• Regular use produces strong psychological dependence and increasing tolerance to
drug.
• High doses may cause toxic psychosis resembling schizophrenia.
• Intoxication may induce a heart attack or stroke due to spiking of blood pressure.
• Chronic use may cause heart and brain damage due to severe constriction of capillary
blood vessels.
• The euphoric stimulation increases impulsive and risk-taking behaviors, including bizarre
and violent acts.
• Withdrawal from the drug may result in severe physical and mental depression.
Workplace Issues
• Since amphetamines alleviate the sensation of fatigue, they may be abused to increase
alertness because of unusual overtime demands or failure to get rest.
• Low-dose amphetamine use will cause a short-term improvement in mental and physical
functioning. With greater use or increasing fatigue, the effect reverses and has an
impairing effect. Hangover effect is characterized by physical fatigue depression, which
may make operation of equipment or vehicles dangerous.
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Cocaine
Cocaine is used medically as a local anesthetic. It is abused as a powerful physical and mental
stimulant. The entire central nervous system is energized. Muscles are more tense, the heart
beats faster and stronger, and the body burns more energy. The brain experiences an
exhilaration caused by a large release of neurohormone associated with mood elevation.
Description
• The source of cocaine is the coca bush, grown almost exclusively in the mountainous
regions of northern South America.
• Cocaine Hydrochloride – “snorting coke” is a white to creamy granular or lumpy powder
before use. It is snorted into the nose, rubbed on the gums, or injected in veins. The
effect is felt within minutes and lasts forty to fifty minutes per “line” (about sixty to ninety
milligrams). Common paraphernalia include a single-edged razor blade and a small
mirror or piece of smooth metal, a half straw or metal tube, and a small screw-cap vial or
folded paper packet containing the cocaine.
• Cocaine Base – a small crystalline rock about the size of a small pebble. It boils at a low
temperature, is not soluble in water, and is up to ninety percent pure. It is heated in a
glass pipe and the vapor is inhaled. The effect is felt within seven seconds. Common
paraphernalia include a “crack pipe” (a small glass smoking device for vaporizing the
crack crystal) and a lighter, alcohol lamp, or small butane torch for heating.
• Trade/street names include Coke, Rock, Crack, Free Base, Flake, Snow, Smoke, and
Blow.
Signs and Symptoms of Use
• Financial problems
• Frequent and extended absence from
meetings or work assignment
• Increased physical activity and
fatigue
• Isolation and withdrawal from friends
and normal activities
• Secretive behaviors, frequent non-
business visitors, delivered
packages, phone calls
• Unusual defensiveness, anxiety,
agitation
• Wide mood swings
• Runny or irritated nose
• Difficulty in concentration
• Dilated pupils and visual impairment
• Restlessness
• Formication (sensation of bugs
crawling on skin)
• High blood pressure, heart
palpitations, and irregular rhythm
• Hallucinations
• Hyperexcitability and overreaction to
stimulus
• Insomnia
• Paranoia and hallucinations
• Profuse sweating and dry mouth
• Talkativeness
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Health Effects
• Research suggests that regular cocaine use may upset the chemical balance of the brain.
As a result, it may speed up the aging process by causing irreparable damage to critical
nerve cells. The onset of nervous system illnesses, such as Parkinson’s disease, could
also occur.
• Cocaine use causes the heart to beat faster and harder and rapidly increases blood
pressure. In addition, cocaine causes spasms of blood vessels in the brain and heart.
Both effects lead to ruptured vessels causing strokes or heart attacks.
• Strong psychological dependency occurs within days (crack) or within several months
(snorting coke). Cocaine causes the strongest mental dependency of any known drug.
• Treatment success rates are lower than for other chemical dependencies.
• Cocaine is extremely dangerous when taken with depressant drugs. Death due to
overdose is rapid. The fatal effects of an overdose are not usually reversible by medical
intervention. The number of cocaine overdose deaths had tripled in the last four years.
• Cocaine overdose was the second most common drug emergency in 1986 – up from 11th
place in 1980.
Workplace Issues
• Extreme mood and energy swings create instability. Sudden noises can cause a violent
reaction.
• Lapses in attention and ignoring warning signals greatly increase the potential for
accidents.
• The high cost of cocaine frequently leads to workplace theft and/or dealing.
• A developing paranoia and withdrawal create unpredictable and sometimes violent
behavior.
• Work performance is characterized by forgetfulness, absenteeism, tardiness, and missed
assignments.
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City of San Luis Obispo, Title, Subtitle
Page 21 of 25 Adopted 08/23/22
Cannabinoids (Marijuana)
Marijuana is one of the most misunderstood and underestimated drugs of abuse. People use
marijuana for the mildly tranquilizing and mood- and perception-altering effect it produces.
Description
• Usually sold in plastic sandwich bags, leaf marijuana will range in color from green to light
tan. The leaves are usually dry and broken into small pieces. The seeds are oval with
one slightly pointed end. Less prevalent, hashish is a compressed, sometimes tar-like
substance ranging in color from pale yellow to black. It is usually sold in small chunks
wrapped in aluminum foil. It may also be sold as an oily liquid.
• Marijuana has a distinctly pungent aroma resembling a combination of sweet alfalfa and
incense.
• Cigarette papers, roach clip holders, and small pipes made of bone, brass, or glass are
commonly found. Smoking “bongs” (large bore pipes for inhaling large volumes of smoke)
can easily be made from soft drink cans and toilet paper rolls.
• Trade/street names include Marinol, THC, Pot, Grass, Joint, Reefer, Acapulco Gold,
Sinsemilla, Thai Sticks, Hash, and Hash Oil.
Signs and Symptoms of Use
• Reddened eyes (often masked by eye drops)
• Slowed speech
• Distinctive odor on clothing
• Lackadaisical “I don’t care” attitude
• Chronic fatigue and lack of motivation
• Irritating cough, chronic sore throat
Health Effects
General
• When marijuana is smoked, it is irritating to the lungs. Chronic smoking causes
emphysema-like conditions.
• One joint causes the heart to race and be overworked. People with undiagnosed heart
conditions are at risk.
• Marijuana is commonly contaminated with the fungus Aspergillus, which can cause
serious respiratory tract and sinus infections.
• Marijuana smoking lowers the body’s immune system response, making users more
susceptible to infection. The U. S. government is actively researching a possible
connection between marijuana smoking and activation of AIDS in positive human
immunodeficiency virus (HIV) carriers.
Pregnancy Problems and Birth Defects
• The active chemical, tetrahydrocannabinol (THC), and 60 other related chemicals in
marijuana concentrate in the ovaries and testes.
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City of San Luis Obispo, Title, Subtitle
Page 22 of 25 Adopted 08/23/22
• Chronic smoking of marijuana in males causes a decrease in the male sex hormone,
testosterone, and an increase in estrogen, the female sex hormone. The result is a
decrease in sperm count, which can lead to temporary sterility. Occasionally, the onset
of female sex characteristics, including breast development occurs in heavy users.
• Chronic smoking of marijuana in females causes a decrease in fertility and an increase
in testosterone.
• Pregnant women who are chronic marijuana smokers have a higher than normal
incidence of stillborn births, early termination of pregnancy, and higher infant mortality
rate during the first few days of life.
• In test animals, THC causes birth defects, including malformation of the brain, spinal cord,
forelimbs, and liver, and water on the brain and spine.
• Offspring of test animals who were exposed to marijuana have fewer chromosomes than
normal, causing gross birth defects or death of the fetus. Pediatricians and surgeons are
concluding that the use of marijuana by either or both parents, especially during
pregnancy, leads to specific birth defects of the infant’s feet and hands.
• One of the most common effects of prenatal cannabinoid exposure is underweight
newborn babies.
• Fetal exposure may decrease visual functioning and causes other ophthalmic problems.
Mental Function
• Delayed decision-making
• Diminished concentration
• Impaired short-term memory, interfering with learning
• Impaired signal detection (ability to detect a brief flash of light), a risk for users who are
operating machinery.
• Impaired tracking (the ability to follow a moving object with the eyes) and visual distance
measurements
• Erratic cognitive function
• Distortions in time estimation
• Long-term negative effects on mental function known as “acute brain syndrome,” which
is characterized by disorders in memory, cognitive function, sleep patterns, and physical
condition.
Acute Effects
• Aggressive urges
• Anxiety
• Confusion
• Fearfulness
• Hallucination
• Heavy sedation
• Immobility
• Mental dependency
• Panic
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City of San Luis Obispo, Title, Subtitle
Page 23 of 25 Adopted 08/23/22
• Paranoid reaction
• Unpleasant distortions in the body image
Workplace Issues
• The active chemical, THC, stores in body fat and slowly releases over time. Marijuana
smoking has a long-term effect on performance.
• A 500 to 800 percent increase in THC concentration in the past several years makes
smoking three to five joints a week today equivalent to 15 to 40 joints a week in 1978.
• Combining alcohol or other depressant drugs and marijuana can produce a multiplied
effect, increasing the impairing effect of both the depressant and marijuana.
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City of San Luis Obispo, Title, Subtitle
Page 24 of 25 Adopted 08/23/22
Opioids
Opioids (also called narcotics) are drugs that alleviate pain, depress body function and reactions,
and, when taken in large doses, cause a strong euphoric feeling.
Description
• Natural and natural derivatives – opium, morphine, codeine, and heroin
• Synthetics – meperidine (Demerol), oxymorphone (Numorphan), hydrocodone, and
oxycodone (Percodan)
• May be taken in pill form, smoked, or injected, depending upon the type of narcotic used
• Trade/street names include Smack, Horse, Emma, Big D, Dollies, Juice, Syrup, and
China White
Signs and Symptoms of Use
• Mood changes
• Impaired mental functioning/alertness
• Constricted pupils
• Depression and apathy
• Impaired coordination
• Physical fatigue and drowsiness
• Nausea, vomiting, and constipation
• Impaired respiration
Health Effects
• IV needle users have a high risk for contracting hepatitis and AIDS due to the sharing of
needles.
• Narcotics increase pain tolerance. As a result, people could more severely injure
themselves or fail to seek medical attention after an accident due to the lack of pain.
• Narcotics’ effects are multiplied when used in combination with other depressant drugs
and alcohol, causing increased risk for an overdose.
Social Issues
• There are over 500,000 heroin addicts in the U.S., most of whom are IV needle users.
• An even greater number of medicinal narcotic-dependent persons obtain their narcotics
through prescriptions.
• Because of tolerance, there is an ever-increasing need for more narcotic to produce the
same effect.
• Strong mental and physical dependency occurs.
• The combination of tolerance and dependency creates an increasing financial burden for
the user. Costs for heroin can reach hundreds of dollars a day.
Workplace Issues
• Unwanted side effects such as nausea, vomiting, dizziness, mental clouding, and
drowsiness place the legitimate user and abuser at higher risk for an accident.
• Narcotics have a legitimate use in alleviating pain. Workplace use may cause impairment
of physical and mental functions.
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City of San Luis Obispo, Title, Subtitle
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Phencyclidine (PCP)
Phencyclidine (PCP) was originally developed as an anesthetic, but the adverse side effects
prevented its use except as a large animal tranquilizer. Phencyclidine acts as both a depressant
and a hallucinogen, and sometimes as a stimulant. It is abused primarily for its variety of mood-
altering effects. Low doses produce sedation and euphoric mood changes. Larger doses may
produce a coma-like condition with muscle rigidity and a blank stare with the eye lids half closed.
Sudden noises or physical shocks may cause a “freak out” in which the person has abnormal
strength, extremely violent behavior, and an inability to speak or comprehend communication.
Description
• PCP is sold as a creamy, granular powder and is often packaged in one-inch square
aluminum foil or folded paper “packets.”
• It may be mixed with marijuana or tobacco and smoked. It is sometimes combined with
procaine, a local anesthetic, and sold as imitation cocaine.
• Trade/street names include Angel Dust, Dust, and Hog.
Signs and Symptoms of Use
• Impaired Coordination
• Severe confusion and agitation
• Extreme mood shifts
• Muscle rigidity
• Nystagmus (jerky eye movements)
• Dilated pupils
• Profuse sweating
• Rapid heartbeat
• Dizziness
Health Effects
• The potential for accidents and overdose emergencies is high due to the extreme mental
effects combined with the anesthetic effect on the body.
• PCP is potentiated by other depressant drugs, including alcohol, increasing the likelihood
of an overdose reaction.
• Misdiagnosing the hallucinations as LSD induced, and then treating with thorazine, can
cause a fatal reaction.
• Use can cause irreversible memory loss, personality changes, and thought disorders.
• There are four phases to PCP abuse. The first phase is acute toxicity. It can last up to
three days and can include combativeness, catatonia, convulsions, and coma.
Distortions of size, shape, and distance perception are common. The second phase,
which does not always follow the first, is a toxic psychosis. Users may experience visual
and auditory delusions, paranoia, and agitation. The third phase is a drug-induced
schizophrenia that may last a month or longer. The fourth phase is PCP-induced
depression. Suicidal tendencies and mental dysfunction can last for months.
Workplace Issues
• PCP abuse is less common today than in recent years. It is also not generally used in a
workplace setting because of the severe disorientation that occurs.
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A DUE PROCESS PRIMER
I. DUE PROCESS
A. Basic Procedural Due Process Requirement:
Due process under both the federal and state constitutions requires that, before a person
can be deprived of a property or liberty interest, he or she must be notified of the
charges and have an opportunity for a fair hearing before an impartial decision maker,
where he or she can respond to the charges at a meaningful time and in a meaningful
manner.
B. What Legal Authority Mandates Procedural Due Process:
1. Federal - The 14th amendment of the U.S. Constitution [“ nor shall any state deprive
any person of life, liberty, or property, without due process of law”] as interpreted
by federal court decisions.
2. State - Article I, Section 7(a) of the California Constitution [“A person may not be
deprived of life, liberty, or property without due process of law....”] as interpreted
by California Court decisions.
C. When Is Procedural Due Process Required?
1. A property or liberty interest must be threatened before procedural due process
protections are triggered. For administrative citations, a liberty interest is not
normally implicated. (A liberty interest includes all interests recognized as
protected by the due process clauses of state and federal constitutions. In addition
to protection against unlawful incarceration, there are constitutional protections of
numerous other liberty interests, such as right to contract, acquire useful
information, pursue a particular occupation, protect good name, reputation, honor
or integrity; protection against situations where harm by governmental action may
deprive person of a future opportunity.)
2. Property Interest: any type of right to specific property whether it is personal or real
property, tangible or intangible, or any quantifiable benefit derived from an action
includes payment of fines).
3. Due Process is required in administrative proceedings.
II. MINIMUM DUE PROCESS REQUIREMENTS BEFORE DEPRIVATION OF A
PROPERTY OR LIBERTY INTEREST
A. Notice Of The Allegations Must Be Given
1. The administrative citation must notify the person of the code violation alleged
against him or her, i.e., the municipal code sections violated, when and where the
violations occurred.
2. The person must be notified of the consequences if the violation is upheld,
including a range of consequences if applicable.
3. The person should be notified of any right to appeal.
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4. If the person chooses to appeal the administrative citation, he or she must be
provided with the date, time and location of the hearing and the identity of the
decision maker(s), if known.
5. Copies of all written statements, reports, photographs and records, etc., as well as
names of witnesses, on which the City is relying to prove the alleged violation
should be provided to the appellant as soon as possible after the request for appeal
is received, if not previously provided.
B. Appellant Must Have Opportunity To Respond To The Charges Before
Deprivation Of Protected Interest Occurs
1. After notice of the charges against a person, due process requires that a person have
a meaningful opportunity to respond to the charges before a final decision imposing
consequences is made. This means that both the decision maker must be fair, (i.e.,
unbiased, impartial and having no financial or personal involvement or conflict of
interest in the decision) and the hearing must be conducted in a fair manner.
2. Due process is an elastic concept. The extent of the procedure required depends on
the nature and magnitude of the interest affected and may require a balancing act.
III. FAIR DECISION MAKER
A. Decision Maker Must Be Impartial And Unbiased
1. A decision maker cannot be picked and paid by one party if future
employment/remuneration may depend on favorable decisions.
2. The due process requirement for impartiality applies equally to decision makers as
to judicial officers.
3. Decision maker cannot have any bias against any party or class to which a party
belongs that could adversely impact impartiality:
a) Statutorily Protected classes (heightened scrutiny): race, color, religion, sex,
gender, gender identity, gender expression, sexual orientation, familial status,
marital status, disability, genetic information, national origin, source of income
or ancestry, including a perception that a person has any of those
characteristics or that the person is associated with a person who has, or is
perceived to have, any of those characteristics.
b) Even where there is no protected class involved, decisions driven by implicit or
explicit bias based on a variety of factors can give rise to claims that an
individual was deprived of a fair hearing. Thus, a decision maker should make
decisions based only on facts and applicable law, not on assumptions based on
a group or class the appellant or witness belongs to or appears to belong to, i.e.,
student, landlord, tenant, teenager, elderly, etc.
B. Decision Maker Can Have No Financial Or Conflicting Interest In Decision
1. City Code of Ethics for employees applies to advisory bodies and those acting as
representatives of the City, including hearing officers, and generally requires
ethical behavior consistent with the following:
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a) No direct or indirect interest that may conflict with official duties, including
any obligation (real or perceived) which may impair independent judgment in
the discharge of official duties, or give rise to the appearance of wrongdoing.
b) Impartiality and dedication to best interests of City, avoiding actions and
statements that may create a public perception of preferential service or lack of
neutrality.
c) No acceptance of money or other consideration, gifts, gratuities, including
meals, or favors of any kind, from appellant or related entities or persons or
anyone testifying before decision maker either before, during, or after hearing
d) No disclosure of any confidential information acquired or made available to
the decision maker or use of any information, City’s facilities, equipment or
supplies for personal gain.
e) No use, or attempt to use, position to secure privileges or exemptions,
personally or for others.
f) No involvement in any City contract or sale in which the decision maker or a
member of their family may have a financial interest.
g) No expectation of priority use of City facilities and programs.
h) Perform duties in good faith and in manner that the decision maker believes to
be in best interest of City of San Luis Obispo.
i) Be aware of potential conflicts of interest arising from serving on another
board if there is a clash of duties between the two positions, i.e. when one
board exercises supervisory, auditory or removal powers over the other or
where City policy prohibits dual service.
j) Comply with all applicable City policies, including but not limited to Anti-
Discrimination and Unlawful Harassment Policy and Drug Free Workplace
Policy.
2. State laws also apply. These include:
a) Political Reform Act – Government Code Section 81000 et seq. and Fair
Political Practice Commission (“FPPC”) Regulations, 2 Cal. Code of Regs.,
section 18700 et seq. prohibit any public official from making, participating in
making or attempting to influence in any way, the government decision in
which he or she has a material financial interest. Hearing officers and board
members are public officials subject to these laws according to an FPPC
opinion the City received. These laws require disclosure (filing of a statement
of economic interest) and disqualification when there is a conflict of interest.
See Appendix A.
b) Government Code Section 1090 prohibits a city official from having a
financial interest in any contract entered into by him or her in his or her official
capacity, or by any board or body of which he or she is a member.
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C. Decision Maker Should Have No Personal Interest In The Decision Or In Any
Participant
1. A decision maker is generally not impartial if he or she, or someone the decision
maker has a close relationship with, is involved in the matter. Even if the decision
maker believes they could be impartial, there may be an appearance of partiality,
which may subject the hearing process to challenge.
2. Public decision makers shall disqualify themselves from hearing a matter if they
are personally involved in the matter, or a family member, in-law, friend or
business associate is involved. They also should strongly consider disqualification
or, at a minimum, publicly disclose facts and explain impartiality conclusions,
where they:
a) Have a personal relationship with appellant or witness, the nature of which
would cause a reasonable person to doubt impartiality; or
b) Are personally involved in a similar code enforcement matter pending before
the City as a complainant, witness, or appellant; or
c) Have personal knowledge about the matter obtained outside the hearing, which
will influence the decision, unless the knowledge is disclosed to the appellant
and the appellant has the opportunity to counter such information.
D. Avoiding The Appearance Of Bias Or Conflict Of Interest Is As Important As
Avoiding Actual Conflict Of Interest
1. Treat all participants in a similar manner and with respect; avoid words or actions
that might appear overly friendly or partisan or that suggest you are advocating for
one side.
2. Do not commit to an outcome or create an impression that you have done so in ex
parte (outside the hearing itself) communications with anyone. Disclose the facts
and substance of any communications about the subject matter of the hearing that
you have had outside of the hearing, so that such information is part of the record
and can be addressed by the appellant.
3. Keep an open mind and don’t form conclusions prior to hearing all evidence.
4. Do not make comments tending to favor or disfavor a group to which appellant or a
witness belongs, or appears to belong.
IV. FAIR HEARING
The conduct of the hearing must be fair and impartial. The hearing procedure must
provide a meaningful opportunity for the appellant to respond to the charges. However,
application of due process principles is flexible, depending on the nature of the
competing interests and no specific procedure is required for all matters. At a minimum:
1. The hearing procedure must be explained to the appellant.
2. The appellant must have an opportunity to present his or her side.
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3. The greater the possible loss to the appellant, the greater the degree of procedural
due process must be afforded.
For an administrative citation that imposes a fine, the loss in most cases is not considered
substantial. Therefore a hearing before an impartial decision maker that allows the
appellant to present his or her side and to refute the City’s documents or position before
the decision is made, should be sufficient.
However, for an administrative citation(s) that imposes significant on going fines, such as
hourly or daily fines until a violation is corrected, or requires the appellant to expend
significant amounts of money to correct a violation to avoid repeated citations, or where
the appellant risks loss of a business or investment, or demolition of all or portion of a
building, the degree of procedural due process required may be greater.
A. Before Hearing Begins
1. Reasonable notice to appellant of date, time and place of the hearing.
2. Reasonable time for the appellant to respond or prepare an adequate defense. The
amount of time needed may depend on the nature and complexity of the violation.
3. Notice of right to reasonable accommodation for disability, if needed.
4. Notice of right to bring interpreter, if needed.
5. Describe procedure to be followed.
B. During Hearing
1. Recording of hearing:
a) Audio recording and minutes are required by Municipal Code for Construction
Board of Appeals and Administrative Review Board hearings. Appellant may,
at their own expense, hire a court reporter or videotape the hearing, as long as
there is no interference with the hearing.
b) Recording and minutes not required for hearing officer hearings, but appellant
may record.
c) City makes and pays for required audio recording and minutes.
d) Appellant pays for any other record desired.
e) Either party shall provide a copy of the record it prepared to the other party
upon the other’s request and payment of reasonable copying costs.
2. City’s documents are prima facie evidence of violation:
The administrative citation and any reports, photos, or other records accompanying
the administrative citation are admitted without the necessity for the City to appear.
California Government Code Section 53069.4)
3. Type of procedure:
a) Informal
b) Rules of evidence do not apply
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c) Open to public
4. No subpoena power:
Hearing officers, Administrative Review Board and Construction Board of Appeals
do not have the power to issue subpoenas (the City Council does have such power
and may be requested to issue administrative subpoenas in appropriate
circumstances).
a) Witnesses cannot be compelled to attend the appeal hearing.
b) Persons having custody of physical evidence or records cannot be compelled to
provide the evidence to the hearing officer or board.
5. Appellants’ rights at hearing:
a) Right to be represented by an attorney.
b) Right to be present at the hearing.
c) Right to challenge or refute City’s documents, by oral, written or physical
evidence.
d) Right to present oral, written or physical evidence supporting appellant’s
position.
6. Admissible Evidence:
a) Any relevant evidence, if it is the type of evidence on which responsible
persons rely in the conduct of serious affairs.
b) Need not be admissible in court (i.e., hearsay may be considered if deemed
relevant and reliable in the context of the entire evidentiary record by the
decision maker, but may not be the sole basis of a finding of fact or
conclusion).
7. Inadmissible evidence or evidence not to be considered in making a decision:
a) Not presented at hearing.
b) Irrelevant or unduly duplicative.
c) Illegible or unintelligible.
d) Independent investigation by hearing officer or board is not permitted (site
visits to familiarize decision maker with physical or geographic location at
issue are permissible, but should be disclosed as part of the record).
8. Standard of Proof:
Preponderance of evidence. Evidence supports finding that it was more likely than
not that violation occurred/person was responsible.
9. Burden of proof:
a) City to prove violation occurred by prima facie evidence permitted by
Government Code Section 53069.4 and any additional testimony or evidence
presented.
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b) Appellant to prove any defense or mitigation through any testimony or
evidence presented.
V. DECISION AFTER HEARING
After the hearing, the hearing officer or board shall issue a written decision with factual
findings based only on information presented at hearing or in allowed site visit. The
extent of the written decision depends on the degree of potential loss.
A. Appeal To Hearing Officer
Generally, for most administrative citations punishable by fine only, a decision letter by
a hearing officer is sufficient. See also SLOMC 1.24.120(A). However, if significant
fines have been imposed (collectively greater than $2,000) a more detailed decision, as
set forth in the section on appeals to a board in the immediately following section, and
SLOMC 1.24.130(A), should be prepared.
The decision letter should state:
1. Whether the hearing officer finds that the specified violation(s) either did or did not
occur;
2. Whether the appellant timely submitted any written evidence;
3. Whether the appellant was present at the hearing or failed to appear;
4. If the appellant failed to appear, what written evidence the hearing officer
considered to be credible or not credible; and
5. If the appellant failed to appear and did not timely submit any written evidence, the
appeal should so state, the appeal should be dismissed, and the violation and fine
upheld.
If the decision is that the violation did occur, the fine must be upheld. The hearing
officer does not have the power to reduce the amount of the fine. The decision shall
also advise the appellant of the right to appeal to the superior court for a trial de novo
and the deadline to file such an appeal.
If the decision is that the violation did not occur, the citation and fine are revoked and
rescinded.
B. Appeal To Administrative Review Board Or Construction Board Of Appeals Or
Appeal Of Citation That Imposes Significant Fines
1. For an administrative citation that imposes significant on going fines (such as
hourly or daily fines until a violation is corrected, that collectively exceed $2000,
or requires the appellant to expend significant amounts of money to correct a
violation to avoid repeated citations, or where the appellant risks loss of a business
or investment, or demolition of all or a portion of a building) in addition to the
information required in a hearing officer decision, a more detailed written decision
may be required. The minimum requirements are set forth in municipal code
section 1.24.130.
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2. A decision must be approved by a majority of the applicable board. A member shall
not vote if he or she did not hear all the evidence or listen to or read the entire
hearing record before voting. SLOMC 1.24.130(A).
3. In addition to the requirements of SLOMC 1.24.130, it may be appropriate to
determine which witnesses are credible; physical evidence reliable; if there are any
mitigating circumstances or applicable defenses; the type, severity, frequency and
duration of violation(s).
4. The decision must contain findings of fact supported by specified evidence
presented at the hearing.
5. If the board upholds the citation, the board does not have the ability to reduce the
fine.
6. The decision should also advise the appellant of the right to appeal to the superior
court for a trial de novo, and/or of the right to file a petition for writ with the
superior court, and the deadlines to do so.
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APPENDIX A
STATUTORY CONFLICT OF INTEREST
POLITICAL REFORM ACT AND FPPC REGULATIONS
Must comply with the California Political Reform Act (Government Code Sections 81000 et seq) and Fair
Political Practices Commission Regulations (2 Cal. Code of Regs Sections 18700 et seq). What follows is
a VERY brief summary of the conflict of interest requirements.
A. File Form 700, Statement of Economic Interest when assuming office, then annually thereafter and
when leaving position.
B. Disclose financial interest and disqualify self from hearing matter if matter may materially affect
personal finances and/or those of any member of immediate family.
C. Four step analysis to determine if a conflict of interest exists:
1. Is it reasonably foreseeable that the government decision will have a financial effect on any
financial interest? (Reg 18701). If no, no conflict. If yes, proceed to (2).
Financial interests generally include:
a) Investments. Business entity in which decision maker has direct or indirect investment
worth at least $2,000 (Govt. Code 87103(a)) or in which they are a director, officer,
partner, trustee, employee, or hold any position of management (Govt. Code 87103(d). For
a “parent, subsidiary or otherwise related business entity”, see Reg. 18700.2.
b) Real property. Property in which decision maker has a direct or indirect interest of at least
2,000 (Reg 87103(b). If property is within 500 feet of decision maker’s property,
automatic disqualification. If decision can affect market value of property (up or down),
distance may be greater. Other factors dependent on nature of matter and effect on
decision maker’s property.
c) Any source of income. This includes, but is not limited to, commissions, (ie. as real
estate, insurance or travel agent or stock broker for any parties or properties involved) and
incentive income, salary, income from a business entity, of at least $500, provided,
promised to or received within 12 months before the decision is made(Government code
87103(c).
d) Gift(s) amounting to at least $460 provided to, received by, or promised to, within 12
months before the decision is made.
e) Loans
2. Will the reasonably foreseeable financial effect be material? (Reg. 18702)? If no, no conflict.
If yes, proceed to (3).
3. Can decision maker demonstrate that the material financial effect on their financial interest is
indistinguishable from its effect on the public generally? (Reg 18703). If yes, no conflict. If
no, proceed to (4).
4. If after the 3 steps above the decision maker has a conflict of interest, absent an exception, he
or she may not make, participate in making or in any way attempt to use his or her official
positon to influence the government decision.
THE DECISION MAKER MUST DECLINE TO HEAR MATTER IF CONFLICT OF INTEREST
EXISTS. WHEN IN DOUBT, DECLINE TO HEAR MATTER. ONLY WRITTEN ADVICE LETTER
FROM FPPC PROTECTS AGAINST PROSECUTION FOR VIOLATION
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San Luis Obispo Municipal Code
1.24.130 Decision by administrative review board or construction board of appeals.
A.Decision by Board. After considering all the evidence and testimony submitted at an appeal hearing,
the administrative review board or construction board of appeals, as applicable, shall issue a decision, as
further described in the administrative citation and appeals guidelines, within thirty calendar days to
either uphold or revoke the administrative citation based upon a conclusion of whether the violation
occurred. A decision must be supported by a majority of the applicable board. A member shall not vote
if he or she did not hear all the evidence or listen to or read the entire hearing record. If an
administrative citation charges two or more code violations, the applicable board may uphold all
violations, or uphold some violations but not all violations, or dismiss some or all violations. The written
decision shall also summarize the evidence, and shall be supported by written findings of fact. The
administrative review board and the construction board of appeals do not have the authority to reduce
or modify a fine of a violation that is upheld on appeal. If a violation is not upheld, the administrative
citation shall be revoked. The notice of decision shall be mailed by first class and certified mail, postage
prepaid, return receipt requested, to the appellant or their designated representative. The failure by the
appellant to appear at the appeal hearing shall be noted on the notice of decision. The decision of the
administrative review board or construction board of appeals shall be final.
The written decision may be, but is not required to be, adopted by resolution and shall contain, at a
minimum, the following:
1.Name of appellant;
2.Date of administrative citation, municipal code violations charged, location of subject property (if
applicable);
3.Date, time, and place of appeal hearing, and the identity of board members;
4.The names of all people participating in the hearing and their capacity, either as appellant,
representative of appellant, witness for or against appellant, city staff or otherwise;
5.A statement that the hearing was recorded, the method of recordation, and that recording is in the
custody of the city clerk;
6.A statement whether the appellant or designated representative was present or failed to appear;
7.If no one appeared on behalf of appellant, a statement whether appellant submitted any written or
other evidence;
8.A statement that the board received the administrative citation and supporting information as prima
facie evidence;
9.A brief summary of all credible relevant testimony and the identity of the witness giving it;
10.A list of all physical evidence, including, but not limited to photographs, maps, drawings, and
documents;
11.A statement whether the board upholds, revokes or modifies the administrative citation(s), as to
each municipal code violation charged;
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12.A statement as to which oral or physical evidence the board found credible in support of the
decision;
13.If the decision upholds the administrative citation, in whole or in part, the decision shall specify the
due date for payment of the fine, which shall not be less than ten days nor more than thirty days after
the date the decision is mailed;
14. The names and votes of members of the board, showing that a majority of the members of the
board supported the decision;
15. The signature of the chairman of the board or his or her designee, and the date of signature.
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The San Luis Obispo Municipal Code is current through Ordinance 1731, passed December 5, 2023.
Disclaimer: The City Clerk's Office has the official version of the San Luis Obispo Municipal Code. Users should
contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
City Website: www.slocity.org
City Telephone: (805) 781-7100
Hosted by Code Publishing Company, A General Code Company.
2.36.380 Employee responsibilities benefits—Code of ethics.
A. An official or employee of the city shall not engage in conduct which would tend to discredit or dishonor his/
her position with the city. Such elected or appointed officials and employees must avoid conflicts of private
interests with public duties and responsibilities and shall not do indirectly what may not be done directly.
B. Disciplinary action generally does not follow an occasional error in judgment which occurs in good faith and is
unintentional. However, misconduct, dishonesty and fraud shall be the basis for severe disciplinary action,
including removal for cause.
C. Officials and employees occupying designated positions are required to file an annual statement of financial
interests with the city clerk as prescribed by the Conflict of Interest Code as adopted by the city.
D. Each new employee must be informed of the obligation to submit a statement of financial interests if he/she
falls within the listed designated position categories.
E. Any employee whose job performance is adversely affected by the taking of alcohol, drugs, or other
stimulants shall be subject to disciplinary action.
F. Each employee is required to be familiar with city standards and statutory provisions relating to ethical and
other standards of conduct. Each employee is expected to secure the advice of his/her superior or the personnel
director or other appropriate officials, when in doubt about the meaning or application of any conduct
requirement applying to his/her particular situation.
G. The political activities of city employees shall conform to pertinent provisions of state and federal laws. (Prior
code § 2708.1)
Ch. 2.36 Personnel Rules and Regulations | San Luis Obispo Municipal Code Page 1 of 1
The San Luis Obispo Municipal Code is current through Ordinance 1731, passed December 5, 2023.
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