To: Board of Supervisors of the County of Sonoma, State of California, The Board of Directors of the Sonoma County Water Agency, The Board of Commissioners of the Community Development Commission, And the Board of Directors of the Sonoma County Agricultural Preservation and Open Space District
Department or Agency Name(s): Human Resources
Staff Name and Phone Number: Kristie Schultz, 707-565-1775
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
County of Sonoma Reasonable Suspicion Policy Revision
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Recommended Action:
Recommended action
Adopt a concurrent Resolution approving revisions to the County Reasonable Suspicion Policy, effective July 23, 2024.
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Executive Summary:
The Reasonable Suspicion Policy (County Administrative Policy 8-2 <https://sonomacounty.ca.gov/administrative-support-and-fiscal-services/human-resources/employee-resources/administrative-policy-manual>) provides County employees and Department Heads with a clear understanding of what is required in a drug-free workplace. The Reasonable Suspicion Policy serves as the framework for employees to understand what constitutes a drug-free workplace and outlines the responsibilities of employees, managers and supervisors, and Human Resources personnel to ensure the County remains a drug-free workplace. The purpose of this revision is to incorporate changes to State law and to clearly separate the policy from the administrative procedures.
Discussion:
Since the first drafted Personnel Department Guidelines for managing employees under the influence were released in 1990, the County’s commitment to maintaining a drug-free workplace has not changed. Initially, these guidelines were enacted to enforce the prohibition of the use of drugs or alcohol while on the job or reporting to work under the influence of drugs or alcohol. While the overall purpose of the Reasonable Suspicion Policy has not changed, new State laws have been enacted regarding the use of cannabis and the definition of what is legally considered to be under the influence of cannabis. Additionally, the language and format of the existing policy, vendor changes, and feedback from departments has necessitated updates to the administrative instructions and procedures. This policy update incorporates all necessary changes and separates the policy from the administrative procedures.
Summary of Reasonable Suspicion Policy Revisions:
• Reformatted to match current policy format.
• Re-organized for a more logical layout.
• Created more detailed administrative procedures and instructions.
• Incorporated changes to state law regarding cannabis use in the workplace.
o SB700 prohibits employers from taking adverse employment action related to hiring, termination, or any other term or condition of employment.
o AB2188 prohibits discrimination based on cannabis use outside of the workplace. It prohibits employers from using the results of hair or urine tests for marijuana - which can detect traces of cannabis for days or weeks - in decisions to hire, fire, or penalize workers. The only testing that is permitted is testing that screens for active impairment/THC (we currently have a saliva test that we can use for this purpose if the employee is tested at Futures between 8-5).
o Neither law affects the rights of employers to maintain a drug-free workplace. Employees who are under the influence, actively impaired, or bring cannabis to work, may be disciplined or terminated on this basis.
• Removed administrative process and procedures from the policy and created separate documentation.
• Incorporated feedback from multiple departments - including those with 24-hour operations - to clarify the administrative procedures and checklist.
• Created separate administrative procedures and checklist for Law Enforcement employees that include notification of Police Officer Bill of Rights (POBR).
• Clarified and expanded responsibilities section for Department Heads, Department HR, and the HR Department.
• Added an administrative form for the testing vendor to complete when performing the drug/alcohol screening. This form indicates which tests are to be administered and has space to document the results.
In addition to ensuring the County maintains compliance with Federal and State Law, this policy demonstrates the County’s continued commitment to employee retention efforts by providing clear administrative policies and processes that are supportive for our workforce, that improve the overall experience of employees at the County, and that further support the County’s efforts to be an employer of choice in the region.
The County has complied with all aspects of the Meyers-Milias Brown Act regarding the obligation to meet and confer with employee organizations, and has reached agreement on updates to the policy. Upon adoption by this Board, Human Resources will replace Administrative Policy 8-2 in the County’s Administrative Policy Manual with the attached revised policy and procedure documents.
Strategic Plan:
N/A
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
N/A
Fiscal Summary
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FY24-25 Adopted |
FY25-26 Projected |
FY26-27 Projected |
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Narrative Explanation of Fiscal Impacts:
There are no fiscal impacts related to this policy update.
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Staffing Impacts: |
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Narrative Explanation of Staffing Impacts (If Required):
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Attachments:
A. 2024 Revised Reasonable Suspicion Policy
B. Concurrent Resolution
C. Reasonable Suspicion Administrative Procedures
D. Reasonable Suspicion Administrative Procedures for Law Enforcement
E. Reasonable Suspicion Administrative Checklist
F. Reasonable Suspicion Administrative Checklist for Law Enforcement
Related Items “On File” with the Clerk of the Board:
None.