The URL can be used to link to this page

Home My WebLink About07/19/1994, C-8 - ETHICS POLICY II�MIIIfI�IItlIIIIIIIuIII�IIIUIII "J r MEETING /ATE: 1 c� o San LUIS OBISp0 7/19/94 COUNCIL AGENDA REPORT ITEM NUMBER: /J FROM: John Dunn, City Administrative Officer PREPARED BY: Ann Slate, Personnel Director0WF' SUBJECT: Ethics Policy CAO RECOMMENDATION: Adopt a resolution revising the City's Code of Ethics DISCUSSION: For local government leaders, an important responsibility and challenge is to enhance ethical awareness throughout their organizations by providing systems that support officials and employees in doing the right thing. Developing a Code of Ethics and ethical dialogue, as well as initiating a training program on ethical decision making, is intended to create a work environment that motivates employees to exercise ethical judgement with. confidence. With that will come responsibility and accountability which the community expects from its government. Earlier this year, the City Administrative Officer appointed a committee to review the City's Code of Ethics. The Committee included John Moss, Diane Gladwell, Cindy Clemens, Ken McCool, Ron Whisenand and Ann Slate. They were tasked with reviewing and updating the ethics policy which was adopted by 1988. The Committee reviewed a number of policies- from other cities and private sector organizations. Based on that review, the committee agreed that the City's policy with a few minor modifications and updated examples was suitable and appropriately communicated to employees and members of the City Council their responsibilities for ethical behavior in their community service roles. The revision follows quite closely the ethics policy originally adopted in 1988, which I have also attached, with two major additions: 1. Existing City policies that address other areas of ethical conduct have been included as exhibits and are found at the end of the policy document. The Committee felt that by including these related policies the expectations of appropriate behavior in the workplace would be communicated in a more comprehensive way. The.City's Sexual Harassment Avoidance Policy is now an integral part of the Ethics Policy which serves to emphasize the City's explicit prohibition of sexually harassing behavior in the workplace. "�'�►�i jllll�lfll►I�B�►►�IIUIII My of San LUIS OBISpo j COUNCIL AGENDA REPORT Page 2 2. The Committee developed a policy statement that expresses why ethical behavior is of value to our organization. It says: "Ethical Behavior is critical to this organizations' ability to achieve its mission, goals and objectives. The community's perception of and confidence in City employees and officials are fundamental to quality government. As public servants, we are accountable for high standards of conduct." The Committee has circulated the draft policy to the various departments and all employee association presidents. Their comments have been evaluated and incorporated in the final version. After Council adopts this revised policy, training will be provided to all employees and included in the City's new employee orientation. Public officials and managers must involve themselves continuously, positively and visibly in educating and empowering employees to maintain high ethical standards. Ethical action and commitment to public service by local government officials and employees must be consistent and reflected throughout the organization. This is how an ethical workplace is created and maintained in appearance and in fact. FISCAL IMPACT: None. i ATTACHMENTS: Resolution with Attachment �:mat RESOLUTION NO. (1994 series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A CODE OF ETHICS WHEREAS, ethical behavior is critical to the City of San Luis Obispo's ability to achieve its mission, goals and objectives, and WHEREAS, the community's perception of and confidence in City employees and officials are fundamental to quality government, and WHEREAS, as public servants, the City of San Luis Obispo employees and officials are accountable to high standards of conduct, and WHEREAS, the City's employee associations have reviewed the Code of Ethics and are in agreement and supportive of such a policy. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo does hereby establish a Code of Ethics, attached hereto and marked "Attachment 1" and incorporated herein by reference. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this day of 1994 L'-8-3 Resolution No. (1994 series) Page 2 Mayor Peg Pinard ATTEST: Diane Gladwell, City Clerk APPROVED AS TO FORM: ffr . J gens , Ci Attorney g:ethreso k?itili �l�i41ll0lily city O san US OBI spo CODE OF ETHICS ' he measure of a man's real character is what he would do if he lazew he would never be found out." Thomas Babington Macauly, Historian ATTACHMENT 1 C-S-s SAN LUIS OBISPO CODE OF ETHICS TABLE OF CONTENTS Page INTRODUCTION................................................................................................................. ii CODEOF ETHICS............................................................................................................... 3 A. General Rule with Respect to Conflicts-of-Interest........................................................................................ 3 B. Actions and Conduct Designed to Build PublicConfidence........................................................................................... 3 C. Acceptance of Favors and Gratuities.......................................................... 3 D. Use of Confidential Information................................................................. 4 E. Use of City Employment and Facilities forPrivate Gain............................................................................................... 5 F. Contracts with the City.................................................................................... 6 G. Outside Employment...................................................................................... 7 H. Personal Investments....................................................................................... 8 I. Behavior in the Workplace............................................................................. 9 J. Responsibility.................................................................................................... 10 EXHIBITS: A - Personnel Rules/Ethical Regulations, SLOMC § 2.36.380 B - Personnel Rules/Outside Employment, SLOMC § 2.36.390 C - City of San Luis Obispo Sexual Harassment Avoidance Policy D - Excerpts of City of San Luis Obispo Affirmative Action Plan E - Excerpts of City of San Luis Obispo Drug Free Workplace Policy F - Excerpt of City of San Luis Obispo Purchasing Policy G - Excerpt of City of San Luis Obispo Travel Guidelines -i- C-�G INTRODUCTION We, as officials and employees of the City of San Luis Obispo, whether elected, appointed or employed, are guided by the following value statement: "Ethical Behavior is critical to this organization's ability to achieve its mission, goals, and objectives. The community's perception of and confidence in City employees and officials are fundamental to quality government. As public servants,we are accountable for high standards of conduct." The Code of Ethics is an attempt to explain this value statement as it applies to our daily activities as City employees. In using this Code, several factors should be considered: A. The Code of Ethics is an official administrative policy. B. The use of the term "employee" in this document is intended to apply to all employees and officials whether elected, appointed, or employed. C. The Code of Ethics is not the only policy related to employee conduct. Some conduct may be ethical without being efficient, safe, or practical. Therefore, the Code of Ethics may not be the only standard to which an employee is held. D. Existing law and policy already address many areas of ethical conduct. Attached as Exhibits to this document are several of those additional laws and policies. (See excerpts from the City's Personnel Regulations, Sexual Harassment Avoidance Policy, Affirmative Action Plan, and Drug Free Workplace Policy, Purchasing Policy, and Travel Guidelines.) The Code of Ethics is not intended to supersede these other sources of guidance. E. Not all conduct fits neatly under the Code of Ethics. The standards and examples are designed to clearly guide conduct in common situations. Special circumstances may not be easily resolved by simply referring to the Code of Ethics. Your supervisor, department head, or the Personnel Department can provide specific interpretation if necessary. -ii- I. CODE OF ETHICS A. General Rule with Respect to Conflicts-of-Interest. As a general rule, employees should not engage in or hold any direct or indirect interest in any business or transaction which may conflict with their official duties. This includes any obligations (real or perceived) which may impair their independence of judgment in the discharge of their duties. Furthermore, employees should not engage in conduct which could reasonably give rise to the appearance of wrong-doing. B. Actions and Conduct Designed to Build Public Confidence. Employees should be impartial and dedicated to the best interests of the City. They should conduct themselves, both inside and outside the City's service, so as not to cause distrust of their impartiality or of their dedication to the City's best interests. Perceived conflicts are actions of an employee that the public may consider preferential service or a lack of neutrality in dealing with department clientele. Employees should avoid perceived conflicts of interest. Examples. The Code Enforcement Officer should not offer to do code compliance checks for his/her bowling partner. A department head should not provide exceptional notification to a friend who has a project being reviewed by the department. Planners should not coach their friends on how to critique a City project at a public hearing. C. Acceptance of Favors and Gratuities. Employees should not accept money or other consideration or favors from anyone other than the City for an act which they would be required or expected to perform in the regular course of their duties nor should employees accept any gifts, gratuities, including meals, or favors of any kind from individuals or firms doing business or proposing to do business with the City if, considering all the circumstances involved in a given situation, acceptance of said gifts, gratuities or favors would give the impression that possible preference or special privilege is being sought or given. 1. Individual employees should not accept gifts from department clientele. Gifts are objects or services that have a material value. Example: Individual employees should not accept gifts such as candy, flowers, food or liquor from people who deal with their department. 3 2. The department or division may accept small gifts when they can be consumed at the work place, are in keeping with the occasion and are made available to all personnel. Examples: The department could accept a box of candy at Christmas. The Fire Department could accept cake, fruit or candy from a citizen thanking the personnel for their response to a medical emergency (alcoholic gifts cannot be accepted because they cannot be consumed on the job or in the work place.) 3. Employees should not accept services from department clientele in return for providing exceptional levels of service. Example: The Assistant CAO should not accept preferential seating at a local concert in return for rapidly processing a permit for the activity. 4. Employees should not attend events or functions paid for by department clientele unless the event is of a public nature. Example. It is alright to attend a grand opening lunch sponsored by a client if City Council, the press, or the general public is invited. 5. When in doubt, thank the person for the kind thought and explain that it is department policy not to accept gifts. Exmnple. "It was kind of you to offer me a discount at your business-- but it is our department's policy not to accept gifts. And it really was not necessary. We are here to provide the service." D. Use of Confidential Information. Employees should not disclose confidential information acquired by or available to them in the course of their employment with the City or use such information for personal gain. This applies to improper disclosure within the organization as well as to the public. Examples: A records clerk should not discuss a police report with friends. A planner should not disclose or use information obtained in discussion with a developer except as pertinent to the public review of a project. The accounting manager should not disclose payroll information to another City employee or to the public unless complying with a lawful request for such information. 4 E. Use of Ci!y EmRlovment and Facilities for Private Gain. Employees should not use, for private gain or advantage, their City time or the City's facilities, equipment or supplies, nor should they use or attempt to use their position to secure unwarranted privileges or exemptions for themselves or others. 1. Employees may not be given priority use of City facilities and programs unless it is an explicit perquisite of employment (e.g., provided for by an employee group's MOA or an individual employee's contract). Example: Employees may not be assigned a preferential tee-off time at the Municipal Golf Course. They may be assigned parking spaces according to established policy or practice. 2. Employees should not use heavy equipment for purposes unrelated to their official duties. Employees may be allowed limited use of office equipment or hand tools during off- duty hours for non-business purposes provided it does not conflict with any City use or represent a direct cost to the City and is done with supervisor approval. Equipment should not be taken out of City facilities for non-City purposes. All equipment used away from the City work place for City business must be authorized. Employees on 24-hour duty may use office and other light equipment during their assigned recreational periods with departmental approval. Examples A treatment plant operator should not use his City vehicle to transport firewood on the weekend. An employee may type a personal letter on his or her lunch break. Employees may use City copiers to make a few copies if they pay for the copies. Employees may use City phones for limited personal calls and they must pay for the phone charges. 3. In general, employees should use lunch time to do personal business, make phone calls and run errands. However, limited personal business may be conducted during normal working hours if it is approved, in advance, if the time involved is made up and if it does not detract from job performance. Example. During breaks, an employee could make arrangements for some upcoming auto maintenance, provided the time for making the arrangements is short, does not detract from official duties and any phone charges are paid. 5 4. With supervisor approval, employees may take, for personal use, discarded or unnecessary materials that would otherwise be wasted. Employees may purchase surplus equipment like the general public if they have not been involved in the decision to declare it surplus. Examples: A secretary may take used computer paper for personal scratch paper. A secretary should not take an old stapler even if it is of no use to the department. Old equipment should be declared surplus. An employee may purchase surplus equipment, but an employee who was involved in the decision to surplus the equipment should not. F. Contracts «ith the Citv. City officers and employees cannot be involved, in any way, with any contract or sale in which they have a financial interest. Government Code Section 1090 expressly prohibits such involvement, and a violation of this statute can be punishable as a felony. (See Government Code Section 1097.) This means that an employee shall not exercise any discretionary powers for, nor make any recommendations on behalf of or to the City or any City Department with respect to any contract or sale involving the City if that employee is directly or indirectly financially interested in the contract or sale. If you have questions about this issue, you should consult with the City Attorney. G. Outside Employment. Employees should not engage in outside employment or business activities which involve such hours of work or physical effort that it would or could be reasonably expected to reduce the quality or quantity of such person's services to the City. Employees should not be engaged in any outside employment which involves the performance by them of any work which will come before them as officers or employees of the City, or under their supervision, for approval or inspection. Employees should not accept employment that is in conflict %with provisions of Government Code Section 87000 (Conflict of Interest). Before accepting outside employment, an employee must review and comply with City Personnel Regulation 2.36.390, which is attached to this document as Exhibit B. 1. With approval of the CAO and Department Head, employees may be employed or conduct business outside City employment consistent with the limitations above. Examples: With approval, an engineering technician could draw maps for developers who only work outside the City. 6 ex-11 A building inspector could work for sponsors of projects in Paso Robles. • An accounting assistant could do the bookkeeping for a store in Paso Robles. The planners can file a zone change application for a friend in Morro Bay. A firefighter could service commercial fire extinguishers, but not within the City. A secretary could work as a sales clerk at a retail store located in the City of San Luis Obispo. 2. Employees should not make decisions nor participate in decisions affecting projects sponsored in whole or in part by people or companies they have contracted or subcontracted with. Employees should not make decisions or participate in decisions concerning projects sponsored (in whole or in part) by people they have worked for within the past 12 months, are currently working for, or anticipate working for in the future. Examples. Fire inspectors should not inspect projects when they have worked for the project's owner, developer,primary contractor or subcontractors within the past 12 months. The Engineers should not accept an assignment for reviewing a project (any type of discretionary review including counter counseling) when they are working for the project's sponsor, owner, developer, real estate broker or contractors in any capacity. Building inspectors should not inspect the work of people that they have previously hired as contractors or subcontractors for their own outside projects. H. Personal Investments. Employees should not make personal investments which could be expected to create a substantial conflict between their private interests and the public interests. If an employee has a financial interest in a matter coming before him, or before the department in which he is employed, he should disqualify himself from any participation in the matter. 1. Employees should not make decisions or participate in decisions affecting projects that may affect (either positively or adversely) their personal property. Example: Planners or building officials should not critique or inspect construction projects that are in close proximity to their residences. 7 2. Conflicts of interest, as defined by state law and presented below, focus on public decision making and measurable "financial interests." Government Code Section 87100 states the following: "No public official [which includes many City employees] shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest." Government Code Section 87103 further defines "financial interest" as follows: "An official has a financial interest within the meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official or his or her immediate family, or on: "a. Any business entity in which the official has a direct or indirect investment worth $1,000 or more; 'b. Any real property in which the official has a direct or indirect interest worth $1,000 or more; "c. Any source of income of at least $250 received or promised within 12 months prior to the decision; "d. Any business entity in which the public official is a director, officer, partner, trustee, employee, or holds any management position; "e. Any donor of or any intermediary or agent for a donor of, a gift or gifts aggregating $250 or more received or promised within 12 months prior to the decision." 3. Employees should not participate in decisions that may significantly affect relatives or close personal friends. Example. A planner should not review a subdivision proposal sponsored by her uncle. 8 /3 I. Behavior in the Workplace. z Employees are responsible for conducting themselves professionally and lawfully in the workplace. Employees are expected to be aware of and conduct themselves in accordance with the following policies of the City of San Luis Obispo: 1. Sexual Harassment Avoidance Policy (see attached Exhibit Q. 2. Affirmative Action Plan (see attached Exhibit D). 3. Drug Free Workplace Policy (see attached Exhibit E). 4. Purchasing Policy Ethics (see attached Exhibit F). 5. Travel Guidelines (see attached Exhibit G). J. Responsibilitv. Ethical behavior, consistent with the foregoing Value Statement and Code of Ethics, is the responsibility of each employee. Moreover, each employee is responsible for reporting ethical violations committed by fellow employees ,to a supervisor, department head, or the Personnel Department. Any employee who violates this Code of Ethics will be subject to disciplinary action in accordance with the City Personnel Regulations. If you have any questions about the appropriateness of an action, you should consult with your supervisor, department head or the Personnel Department or the City Attorney. 9 1o7 -1� 236380 Employee responsibilities and benefits—Code of ethics. A. An of3icial or employee ofthe 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 fol- low an occasional error in judgment which occurs in good faith and is unintentional. How- ever, misconduct, dishonesty and fraud shall be the basis for severe disciplinary acticn,including removal for cause. C. Officials and employees occup;irg desig- nated positions are required to ;ile 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 desig- nated position categories. E. Any employee whose job petro rm ante is advemly of ected by the eking of alcohol,drugs, or other stimulants shall be subject to discipli- nary action. F. Each employee is required to be familiar with city standards and statutory provisions re'.ating to ethical and other standards of con- duct. Each employee is expected to secure the ad-.ice of his/her superior or the personnel direc- tor or other appropriate ofncials, when in doubt about the meaning or application of any conduct requirement applying to his/her particular situa- tion. G. The political acti,�ities of city employees shat conform to pertinent provisions ofstate and federal laws. (Prior code § 2708.1) EXHIBIT A 236390 Employee responsibilities and benefits—Outside employment. A. City employees filling line-item positions may engage in part-time or occasional outside employment outside of their regular working hours if such employment is approved in advance by the.city administrative officer or del- egated representative, or in the case of council appointees, by the council. The city administra- tive officer may establish a minimum time period worked on such outside employment and a minimum number of hours ofoutside work per week before requiring advance written approval. B. "Incompatible employment" includes, but is not limited to: 1. Fork which tends to impair mental or physical capacity to perform city duties effi- ciently and effectively; 2. Work which takes the employee's time and attention during his/her orcial working hours; 3. Activities which create a conflict of respon- sibility or duty between the employee's city work responsibility and the proposed outside employ- ment. This includes work which would, by its nature;tend to reduce the ability ofthe employee to exercise completely independent and unlet- tered judgment with respect to effectively dis- charging city work responsibility. 4. Employment in another city department for full-time city employees. C. Any employee who engages in employ- ment outside regular working hours shall be sub- ject to perform regular city duties first. (Prior code§2708.2) EXHIBIT B SEXUAL HARASSMENT AVOIDANCE POLICY It is the policy of the City of San Luis Obispo that all employees should be able to enjoy a work environment free from all forms of discrimination, including sexual harassment. In accordance with federal regulations requiring employers to adopt clear policies prohibiting sexual harassment in employment, the City Council has adopted the policy statement set forth in full below: Policy Acainst Sexual Harassment: It is the policy of the City of San Luis Obispo that employees have a working environment free of unlawful discrimination. The work environment should be business-like and assure fair, courteous treatment for employees and the public we serve. Sexual harassment may constitute illegal sex discrimination and may violate both state and federal lay. It is employee misconduct that could decrease work productivity, undermine the integrity of employment relationships, decrease morale and cause severe emotional and physical stress. All employees should be informed of the discrimination complaint process and be assured of their right to file complaints without fear of reprisal. All employees, including supervisors and managers, shall receive ongoing training regarding behavior that constitutes sexual harassment. Employees should also understand the importance of reporting incidents promptly to assure that further incidents do not occur. The City Council expects City department heads to convey to their employees strong disapproval of sexual harassment. All employees including supervisors and managers should be clearly informed regarding behavior that constitutes sexual harassment or creates the perception of sexual harassment and the consequences of such actions. The employees should be aware that sexual harassment of another employee shall be grounds for disciplinary action. Employees also should be aware that ignoring sexual harassment complaints is also grounds for disciplinary action. Definition of Sexual Harassment: "Sexual harassment" as used in this policy includes any unsolicited and unwelcome sexual overtures by any employee, supervisor, manager or, non-employee, be they written, verbal, physical, visual, whenever: 16 EXHIBIT C Personnel Department 1. Conduct Sexual Harassment Avoidance Training Programs for all City employees. 2. Assume responsibility for administration of the complaint procedure. 3. Receive and review any and all complaints. 4. Conduct or assist in all investigations and consult with the Department Head on disciplinary action as may be appropriate. 5. Advise City Administrative Officer of the receipt and disposition of all sexual harassment complaints. 6. Prepare the documentation for the hearing before the City Administrative Officer. City Administrative Officer 1. Assume responsibility for the administrative appeal process. 2. Conduct a confidential hearing as expeditiously as possible upon receipt of an appeal. 3. Provide the employee with a written response within ten scheduled work days from the conclusion of the administrative hearing. Personnel Board 1. Hear appeals of disciplinary action pursuant to the City Personnel Rules and Regulations and appeals from employees dissatisfied with the City Administrative Officer's disposition of the investigation in accordance with the City's Grievance procedures: 18 ME1G AGENDA DATi "799 ITEM # • Submission is made either explicitly or implicitly a term or, condition of assignment or employment; • Submission or rejection by an employee is used as a basis for employment decisions affecting the employee; or • Such conduct has the potential to affect an employee's work performance negatively or create an intimidating, hostile or otherwise offensive work environment. RESPONSIBILITY Employee: 1. If possible, politely but firmly confront whomever is doing the harassing. State how you feel about his/her actions and request that the person cease harassing you immediately. Document in writing the date, location and conversation for your own records. 2. If this does not resolve the concern (problem/situation) or if the employee feels uncomfortable or threatened, report any act of sexual harassment to your immediate supervisor or department head or the Personnel Department, as provided in the complaint procedure. The choice is left up to the emDlovee. Supervisor Department Head. 1. Inform all employees under your direction of the City policy and complaint procedure regarding sexual harassment. 2. Receive complaints of sexual harassment from employees and immediately report any complaints of sexual harassment to the Personnel Department. 3. Confer with the Personnel Department on extent of investigation and discipline. 4. Following the investigation, take appropriate action, including discipline as appropriate. COUNCIL ❑ CDD DIR �AO ❑ FIN DIR "AO ❑ FIRE CHIEF ORNEY ❑ PW DIR CLERIVORIG ❑ POLICE CHF ❑ MGWr TEAM ❑ REC DIR 17 ❑ C REASfILE ❑yTIL DIR r OrPERS DIR AFFIRMATIVE ACTION POLICY STATEMENT The City of San Luis Obispo is committed to the concept of Equal Employment Opportunity as a basic principle that all persons shall be given equal access and consideration to positions in the public service limited only by their ability and qualifications to do the job. Equal Employment Opportunity can best be achieved through definitive programmed affirmative action. If progress toward achieving Equal Employment Opportunity is to be made, every citizen and employee of the City of San Luis Obispo must realize that policies to remove inequalities cannot be merely passive. Positive steps must be taken to ensure a work environment free of unlawful employment discrimination and harassment, and to promote personnel diversity in the workforce. All persons seeking employment with the City and all City employees shall be treated equally and without discrimination. All recruitments, hirings, placements, transfers and promotions will be made on the basis of individual qualifications for the positions being filled, and all other personnel actions such as compensation, benefits, layoffs, returns from layoffs, terminations, training, social and recreational programs are also to be administered without regard to race,'color, religion, national origin, age, sex, sexual orientation, marital status, or physical or mental disability. Employees shall not be discriminated against because of the exercise of their rights under section 3502 of the California Government Code or under the City's Employer- Employee Relations Resolution. 3 EXHIBIT 0 4/so CITY OF SAN LUIS OBISPO DRUG-FREE WORKPLACE POLICY PURPOSE It is the policy of the City of San Luis Obispo to maintain a safe, healthful and productive work environment for all employees. To that end, the City will act to eliminate the unlawful use of drugs and other controlled substances including, but not limited to, alcohol and prescription drugs, which could impair an employee's ability to safely and effectively perform the functions of his/hcr job and/or threaten the safety of co-workers. All City employees, regardless of their employment status (i.e. permanent, temporary, contract, cte.), are subject to this policy. POLICY 1. Employees are expected and required to report to work in appropriate mental and physical condition to perform their jobs. The unlawful manufacture, distribution, dispensation, possession or use of drugs or other controlled substances, including alcohol; on City premises or while conducting City business off premises is absolutely prohibited. 2. The City will establish a drug-free awareness program to inform cmplopccs about: a. The dangers of drug abuse in the workplace; b. The City's policy of maintaining a drug-free workplace; C. Available drug counseling, rehabilitation and employee assistance programs; and d. The penalties that may be imposed on employees for drug abuse violations. 3. This policy is intended to assure that no employee with an alcohol or drug problem will have his or her job security or promotional opportunities jeopardized by a request for help. 4. Employees will, as a condition of employment, abide by the terms of this policy and notify the City, within five (5) days, of any criminal drug statute conviction which he/she receives for a violation occurring in the workplace. S. The City shall notify any appropriate federal granting agency of any criminal convictions of an employee for illegal drug activity in the•workplace within 10 days Of the City's notification of such conviction. ' Otherwise, the individual's rights to confidentiality and privacy are recognized. The pertinent information and records of empioyces with an alcohol or drug problem will be preserved in the same manner as all other confidential records. 6. The City shall initiate action after receiving notice-of conviction of an employee which may result in required participation in a treatment program and/or progressive discipline, up to and including termination. 7. The City shall make a good faith effort to continue maintaining a drug-free workplace through implementation of this policy. S. 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. EXHIBIT E DRUG-FREE WORKPLACE NOTICE TO EMPLOYEES All employees arc hereby notified that it is a violation of the City of San Luis Obispo's Drug-Flee Workplace Policy for any employee at the workplace to unlawfully manufacture, distribute, dispense, possess or use any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or other controlled substance including, but not limited to, alcohol and prescription drugs, as defined in the Drug-Free Workplace Act of 39S8. Violations of this policy by employees may result in discipline, up to and including termination. '11'orkpl2ce' is defined as any place where City work is performed, including a City building or site, or any City-owned vehicle. As an employee, you will, as a condition of employment, abide by the terms of this policy and notify the City, within five (5) days, of any criminal drug statute conviction Which you receive for a violation occurring in the Workplace. The following are among the drug counseling, rehabilitation and/or other agency assistance programs available locally: City of San Luis Obispo Employee Assistance Program (S00) 227.1060 San Luis Obispo County Drug Program (S05) 549-4753 San Luis Obispo County Alcohol Services (905) 549-4275 Narcotics Anonymous (805) 549-7730 Alcoholics Anonymous (805) 543-5800 - ,;an Luis os,..Po 203 section: Ethics PURPOSE: To describe the ethics and professional conduct for the purchasing process. ?N.w/REVISED This is a N f procedure reflecting the standards of PROCEDLR: profestional behavior currently expected of all personnel who participate in purchasing. EFFECTIVE DATE: September 1, 1983 Standards oConduct Any employee or official engaging in purchasing activities on behalf of the city is rewired to employ tae belcw listed standards of purchasing practice: - To consider, first, the interests of the city in all trahsacticrs. - To carry out the established policies of the city. - To buy without prejudice, seeking to obtain the maximum value for each expenditure of public funds. To subscribe to and work for honesty and truth in buying and selling, and to denounce all forrs and manifestations of ccmrnercial bribery. To cooperate with all organizations and individuals engaged in activities designed to enl-snce the development of purchasing practices. - To respect obligations to others, and require the same respect from others for their obligations. Prohibited Practices No city employee involved in purchasing shall be financially interested, or have any personal beneficial interest, directly or indirectly in any contract or 'purchase order for supplies, materials, equipment, professional services or public works projects used by or furnished to any department; nor shall any employee accept or receive directly or indirectly from any person, firm or EXHIBIT F 31NG CONTROL PROCEDURES 203 .ion: Ethics corporation to why ary contract or purchase order may be awarded, by rebate, gift or ctheraise, any ;coney or anything of value, or any promise, obligation or contract for future reward or compensation. A violation of this policy, may result in disciplinary action, termination of employment, or criminal prosecution. Inexpensive advertising items, bearing t_he name of the firmt, such as pens, pencils, paper weights, calendars, etc. , are not considered articles of value or gifts in relation to this policy. The following practices are also specifically prohibited: -. Using information available to an employee, solely because of his city position, for personal profit, gain or advantage. Directly or indirectly furnishing services or information not available to all prospective bidders, to any person bidding on, or who may reasonably be expected to bid on, a contract with the city. Providing confidential information to persons to whom issuance of such information has not been authorized. - Using a position or status in the city to solicit, directly or indirectly, business of any kind or to purchase products at special discounts or upon special concessions for private use frac any person who sells or solicits sales to the city. - Serving, either as an officer, employee, member of the board of directors, or in any capacity for consideration, the interests of any organization which transacts or attempts to transact business with the city for profit when such ermloyee holds a city position of review or control - even though remote - over such business transactions. It is the responsibility of the Department Head to ensure that all employees of his/her department, who are involved with purchasing activities, possess a thorough understanding of the above. standards of conduct and prohibited practices. 203-2 Section 301 TRAVEL GUIDELINES OVERVIEW These guidelines establish the basic policies and procedures for travel on City business by all employees and officials. Everyone who travels on City business - or supervises someone who travels - is responsible for knowing and following these guidelines. These guidelines are organized into seven sections: ■ General standards ■ Planning an official trip ■ Submitting travel authorizations and cash advance requests IN Making the trip IN Incurring non-travel expenses ■ Accounting for expenses ■ Completing travel authorizations/expense reports The key document in the administrative process is the Travel Authorization/Expense Report (TA). Besides ensuring that travel by City employees and officials is conducted in accordance with adopted policies, the TA summarizes the total cost of attending conferences, meetings, and seminars and provides documentation for cash advances and vendor payments. General instructions for completing and processing this form are also included in these guidelines. GENERALSTANDARDS These guidelines do not require you to take a bus, stay in a cheap motel, or eat only in fast food restaurants. A bus or a train may cost less than a plane, but the added time away from work can make these slower options more expensive to the City overall. The meal allowances established in these guidelines allow you to eat in moderately priced restaurants. In all areas, not just economy, you are responsible for exercising good judgment in requesting, arranging, and making a trip. It should be thoroughly planned, well in advance. Personal business should not be mixed with official business if it will cost the City anything in dollars or Iost time, or if it will harm the City's interests in any way. These guidelines are not intended to address every issue, exception, or contingency that may arise in the course of City travel. Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of the City's resources. EXHIBIT G