2019-43 RESOLUTION NO. 2019 - 43
RESOLUTION FOR THE ADOPTION OF
AMENDMENTS TO THE PERSONNEL MANUAL
WHEREAS, on June 18, 1984 the Buffalo Grove Board of Trustees adopted personnel
policies and procedures by Resolution No. 84-43 and amended same in 1988, 1990, 1993, 1994,
1996, 1998, 2000, 2001; 2003, 2005, 2006, 2007, 2009, 2011, 2012, 2013, 2017 and 2018; and,
WHEREAS, in order to reflect current trends in human resources administration,
occasional amendments to the Personnel Manual are necessary; and,
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND
BOARD OF
TRUSTEES of the Village of Buffalo Grove, Cook and Lake Counties, Illinois that the changes
to the Personnel Rules that are contained in Exhibit A attached hereto are adopted by the
Village of Buffalo Grove amending the personnel policies and procedures adopted by Resolution
No. 84-43;and,
BE IT FURTHER RESOLVED that the amendments hereto referenced shall be in full
force effective January 1, 2020.
AYES: 6—Stein Ottenheimer, Weidenfeld Johnson Smith Pike
NAYES: 0 - None
ABSENT: 0 - None
PASSED: December 2 2019
APPROVED: December 2„ 2019
APPROVED:
&-L'2Beverly Sussman illage President
ATTEST:
Janet A: rabian, Village Clerk
iEXHIBIT A
VILLAGE OF BUFFALO GROVE
PERSONNEL MANUAL
VILLAGE OF
� w
_Chapter 2
Amended: Dec
:.einber2 2019
Effective: flyary 1, 2020
BUFFALO GROVE PERSONNEL MANUAL CHAFFER 24.00 DRUG&ALCOHOL FREE WORKPLACE
Chapter 24.00 - Drug &Alcohol Free Workplace
Section:
24.01 Drug&.Alcohol Free Workplace Policy
24.01—Drue &Alcohol—Free or Place Policy
The mmitment to its employees to RjgyLide a
safe workplace and to eats lis health care t�rora s t at ro ote employee health and well®
being. Consistent with the spirit and intent of this commitment, the Villa", - has established this
Policy rearm a drug and alcohol abuse.... Quite siMpI the yj Villa e's goal will continue to be
one of establishing and maintaining a work environment that is free from the effects of alcohol
and drug abuse.
While the Village has no i tendon o intruding into the grivate lives of its employees, the Village
does a their duties. The Village
placereco zes that alcohol and gs can have an ' act on the work and our ability to
accomplish our Goal of maintaining a safe, alcohol and drug free work environment.
We hope that all emMovees with a alcohol or substance abuse problem will voluntarily submit
to available
e ployees also ay seek ti e off for necessary counseling and other forms of medical attention
pursuant to the terms of the Village's Fa ily andMedical Leave Act Dolicv ("FMLA"). We
also reco ize t at certain idelines ust e set to cover instances where..gMloyees:-(1 do not
acknowledge t air t�role sand seek help or ( en aye in prohibited conduct while on Villa e
business or VgLmiga or during any on-call periqds of time. Therefore in an effort ffort to maintain
the high standards of health and safety to which we are committed, we have defined this Policy
and guidelines overnin acceptable conduct in is sensitive area consistent with the Illinois
Druiz Free WorkDlace Act, 30 ILCS 580/2 and the federal rup--Free Workplace Act 41 U.S.C.
UOIL
The to "druv" as used in this Policy refers to both legal and illegal controlled substances
unless the legal use is pursuant to the instruction of a medical professional who is licensed to
rescribe or advise the affect the medical
professional has been informed of the ern Movee's essential job functions and has advised that the
substance does not adversely his or her job). The
to "drug'�' also�inclqdes, but is not limitedto, cannabis, cocaine, PCP, heroin, mo hive,
am hate and barbiturates® While the Village will not penalize an emplo yee solely for his
or her status passionate Use of Medical Cannabis
Program Act 410 ILCS..,13QL..an.. nevertheless
reauired to Comply with this Policv and is subject to disciDlinary action up to and including
discharize for violations of this PoligL.
l.The use, aqje,�F)urcha�semanufacture, distribution, dispensation transfer or possession of non-
prescribed d-ugs, cannabis, controlled substances, or alcohol,jLpjghjbjtgd-qa Villa _e___t�re ises,
2
and is cause for immediate discharge. Villa e pre ises includes all job sites, land property,
buildings, ,structures installations, parking lots, machinery,_vehicles or other means of
transportation owned or manned by or leased to Village or otherwise ben a utilized for the
Village usiness and private vehicles while parked or operate on Village remises. Any-iUWal
substances found on Villa Re vremises will be turned over to the..armrowiate law enforcement
agency and ay result in cri final prosecution.
2.Employees table amount of alcohol or dr Mjq-their
system. We reserve the right to test employees to ensure compliance with this olio in
aDpropriate cases pursuant to the remainina provisions of this Policy.
3.Ern r)love(-,s are also wohibited from consurning-any-amount of alcohol_qLdrugs during working
time,..on-call ition will be,�bect
to disci nlinar action up to and includinR immediate dischar e. Conse uentl ern to ees are
not allowed to consume alcohol or cannabis during meals or breaks or when scheduled to be on
call)
4.Employees must not perform safety sensitive duties, such as operating a motorized vehicle if
they are aware of any medical condition or have used alcohol or a drua (includinQ prescribed
medication to perform such duties or that ay
affect safety rvisor of
the..sit-uation as soon as the sm)lo ee becomes aware of the situation to determine if a reasonable
accommodation and/or removal from service is gppropriate and necessary,
5.Under no circumstances mrental or Villa
owned) for business D"r LOSC�5_while intoxicated or under the influence of alcohol or cangqbiS
even if the alcohol or cannabis was consumed outside of working hours.
6.The Village reserves the rip-ht to ins ect packs es bags, briefcases, desks, 1ockers
automobiles,--etc.,-where there is a reasonable belief that illegal drugs or alcohol may be present
on Village property. An employee's failure to COODerate with an investigation may result in
disciplinary action, including,but�nott limited to immediate disc arse.
7.An ernMovee suspected of beiniz under the influence of alcohol or a controlled substance due to
s ecic articulate s toms e. ° sy torts of the emplo ee"s s each, hysical dexterity
unusual behavior, negligence or carelessness in
o eratin equip ant or rnaciner disregard for the safety of the em loves or others disruption
of a nroduction or manufacturing process, or carelessness that results in
ern:to or others), orLqp_ern)loyee who is involved in an on he-job accident which results in
property darns o�rwhi�chquires edical treatment, qa be required�to t�akea_medic�qll
approved test(s), to be given by authorized medical personnel., to determine whether olicy
has been violated.
8.The Villa
under the influence of cannabis during workm2 hours or any on--,,I] period to be in violation of
this Rglicy. This determination will be made in.food faith based on whether the eqWjgy�ge
manifests sr)ecific, articulate symptoms of impai ant while working such as decreased or
14.Emr)lovees with substance abuse or alcohol i)roblems are encouraved to contact the Village's
Employee Assistant Program for possible referral for treatment. The Village will nut disci line
p
an-ernftee who voluntarily seeks treatment for a substance abuse or alcohol )roblern if the
p
CDI"ee is not in violation of the Village's Drug and Alcohol Policy or other rules of conduct.
Alto . � ...................the.
The cost of such treatment is at the emr)lovee's expense (subject to possible coverage, if any,by
the VillaRe's P-rout) health insurance Man,• see Wan documents for details and eligibility
requirements). Seeking; such assistance will not be a defense for vi2jjjtin this olic nor will it
excuse or limit the empjlgygeLe�'sobligation to meet the Village's policies rules o
............——f conduct,and
standards,indsafe and
sober behavior on the iob. We reserve the right to require a release to return to work to s
pgrfogu- the essential job functions of the osition and/or to determine if any--additional
reasonable accommodations are nggg�ssqr for an e Flo ee who takes ti e off for a
rehabilitation program or a medical leave of absence for this purpose.
15. violation of apportion of this Polic is grounds for disciplinary action up to and
including discharge if deemed appropriate by, management based on all of the circumstances
involved, including the ernDlovee's overall work record and the conae uences of the Policy
violation involved.
16.The illae reserves the right to a end this Polio as necessary to comply with the a licable
state, federal or local ordinances. In the event of a conflict between an provision of this Policy
and an annficable law or rdinance, the law or Ordinance will Bove rn in all cases. Additionally,
if there is a conflict between this Policy and an ex ress provision of an applicable collective
bar ainin agreement the to s of the collective rgaining ageement will_govern.
A. This Peliey expFesses the Village's desife to satisfy the Fequifements of the fedefal and
state Dfug Free Werkplaee Aets (41 U.S.C.A. § 701 et seq. and 30 !LCS 58CV1 et seq+. .
in accofdanee with applieable statutes and eencefns, the Village has resolved to mai
a dfug ffee war-kplaee.
B. Aets Prohibited
The unlawfid! fnaftufaettife, distfibutieft, dispensation, being ander- the
influenee, of use of a eoiitf-efied substaflee, ineluding peam-n�abks and ale-ohni is Pr-ohibited
en Vi4lage Property.
C. Definitions
i. "Aleahel"means any stibstaftee eontaining any form of aleehel, ifteltidifig bttt flot
limited to: ethanol, methanel, pr-epanel and isepr-opanol.
2. "Cannabis" is defified as provided ift the Cannabis GOWFel Aet (720 TT GS 5
et seq.)whieh pfovi i . eifieally incor-pofate in this Peliey.
3. "Controlled Substanee" as defined ift the 111inois Gentfelled Substa Aei "1113
!LCS 570)whieh pfo peeifieally ineoFpofated in this PeNey,
dispensation,4. "Cfifnifial Dfug Statute" means a efimifial statute involving the fnafiafaetufL—,
posses i >
building,S. "Maiiager-" is the Village Managef (of designee).
6. "Village Pfopefty" means any eammon area, open spaee, vehi >
pafking lot, of other- area > >
substances,used or- eontr-olled by the
Village. Village Pfopefty shall ine4ff de property used by Village patfons while Offt
Village spefisofed events.
,
the eountef dfugs whiebb have -been obtained legally and afe being used in the
> labofatofy, cliffie, hospital,
of ot
Gr-ove.
desk files, of othe sifnilaf
12. "Publie Safety Responsibility" fneans jobs in which an efnployee is efitfifsted
with difeet fesponsibility over- the health, safety and welfare of Village patr-onsj
eitheF through super-visiofi of pfogfafns of operation or- maintefiance of
established by a pr- Rena.
. . of the statement of a witness.
assistance nder this Co..+:. of the Policy will fiat exe oa a Pokey viOlatiefl OF liffl: tba
The Village will r-eqttife employees whe afe fequifed to hold eommer-eial Sefeenine and
('GDU') as paft of eofiditions of employment to be sefeefied OF tested pef the guidelines
employees who wofk on or- near- vehicles of fnachifiefy, handle hazaFdE)tfs fflatefials or-
a�. lom basis. The Village also mayT ' yee to be seFeened of tested
the Village' )
expense at a-
fnedieal faeiiiiy seleeted by the Village. The sefeefting of testing may fequife an analysis
employee'sof the
fuedieal maf�ua-na, and to explain the eir-eumstance of their- use. If an initial test is-
drug and/of aleehol test may fesult in diseiplinar-Y action, up to and ifteludifig teFmina
of empleyfflefit
aeh Village employee is fequifed to sign a fofm eofisenting to stieh a test. Pfespeetive
employees fef positions—that require—a—eemmefeial driver's =will
Pfospeetive employees for- positions that feqtiife a pfe empleyfnefit physieal will
Eaeh employee and pfospee6ve employee may also be feqtfiFed to sign a sepafate eon
quested eefiso Ill[nt f.,f will result , fien 1,iFe of aiseir.li„nr„ aeti„r. , ., t .,,,a
as deemed appr-E)pfiate by the
7 Village,
Additionally,
Fefusal to submit to a drug of aleehol
test, or- refusal to eaepeFat , will r-estilt in fion hiFe or diseipliftafy etion up to I,a
ifieleding temination of employment.-
F. T+eatmenf,
The Village may a the employee o opportunity to uncle fgo tFeatment offered by ,
offered v� u
elinie—eF—trained professional irrQttially ueEeptable to the
Paftieipation in s eh treatment .ill be .,t the employee's expense unless otb.or.,,i�o
aeeon*nodated. The employee must efifef the treatment pfogfam within tefi (10) days
ffemthe tirne on-eeommexdatien of tFeatmentThe Village may ehoese to r-eillstate the
.
employee'swill be expeeted to meet job pe&fmaftee standards and eemply with all fiales estabi
G. Use of Leeal
Any employee who wofks oft of fteaf vehieles of maeltinefy, handles hazardous matefials
employee'sdfowsifiess or iFit-wfteefso Judgment, or- feaetion time or-pr-events the employee
his doetof of pharfnaeist whethef or- not the legal drug has sueh a potential side effeet
appfopr-iate. The 4&fmatien will be retained by the Village in a eopXidential fnap,,Hef
will be diselosed ontly to pefsofis who fieed to know. The
eenfefFifig with the Department Dir-eetor-, will deeide whether- or- not an employee fnay
safely eentintie to pef-foffn his job while using the legal dFag. Failure to dec4afe the tise
u Notiee f!''onyi..ti.,,,n
,n+ a ify their Department T1irac4er , odiataly (within twenty fe,,r (24) t,.,,,rn
r
substanees
oF eamiabis of who
sells of dispenses
7 7possesses, uses,
aleohel7 7 or- eannabis while oft Village )
is
Village,
7
danee with this poliey, or who ethei-7wise fails te eeopefate with this
assistafiee of feha,ilitntio appFoved for- n eb purposes by foloruz,
state or-
ttlt[i health,
' of suspension with of
virMe iIst oEetfFfeflee-, SE
r-ehabilitation pfogram as deemed appfepf-iate by the Village, ufidef the
eifeu stanees. The employee Shall be tef ifiated an theseeoond^oeeufreirc��
7 The Village shall tarmifi to ., employee (a) if the employee refuses to stibmit4o
tampefs in any way with the speeimen given to the Medieal Faeility fef purposes
tfeatment, the employee fails of f-efuses to follow the eouf-se of tf-eatniefit; (e) if
the employee, who in the eatifse of of following tf-eatfnefit, is again tindef the
ififluenee of aleohol of drugs in violation of this Pokey; of:, (f) if the effiployee
VjE)jatjfit----, of state Criminal Dmg Statute in aeeofdaflee with thiq
Village,job peffoFmanee standards and eomply with all fules established by the Villagl-e
Paftieipation ifi a tfeatfnent pr-ogr-afn will not, in itself-, pfetect the employee ffofn
>
will not take advefse action agains
an employee solely beeause he id stiecessfully completes fnedieal
*row
d.
Aker- a eonditional offef of employment is made, fef applieable positions, in the Village's
employment seleetion pfoeedtife, pefsons other-wise offefed a position with the Vinftge
df sefeeffing test
dispensing,K. ins
>
of eafm
pfopefty, employees may be subjeet to inspection as follows (Hot all ifieltisive).:
i. > desks, files, vehieles,
equipment and other- Village eofitaifiefs ali A
Village aFe and femain the pfopefty of the Village. Employees are not peffflitte-d
to keep ,
pafked on Village pfopefty.
2. Affiy refusal (of delay) to submit to such an ifispeetion will be tfeated as an a
ay—inelu4e
r
The Village ;11 maintain_fnediea ..r-ds felating to aleahol of dfiig abuse, diagnosis-,
d tf a4n t in a .,f;dent;.,lfnatifter- and in a file sepal to from the ,1.r- p{..iJV
1
f:1ye. Aceess will be limited to these who ,,d toknow. The 111iLZ
these feeE)fds to per-sons outside the Village without the efnployee's eensefit uflies-s
d; 1..s„ro of the r olds ; foF legal ., instff-aneepurposesand/of as allowed by
h-