On the agenda: Ridgecrest meeting — Data Center (Aug 5)
Past ⚠ Agenda Watch Ridgecrest, California · Wednesday, August 5, 2026 — 1 month ago
About this record
The published agenda for this August 5 meeting contains: "Data Center". The meeting has passed; the record and its outcome live here permanently.
Check the agenda document for the meeting time.
The agenda, word for word
Government public record — the full text of the published document, archived August 21, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
AGENDA
August 5, 2026
Regular Session 6:00 p.m.
CITY COUNCIL
Travis Endicott, Mayor
Kyle Blades, Mayor Pro-Tem
Solomon P. Rajaratnam, Vice Mayor
L. Scott Hayman, Council Member
John ‘Skip’ Gorman, Council Member
100
Travis Reed, City Manager
Martin Koczanowicz, City Attorney
Keith Lemieux, City Attorney
City Hall, Council Chambers
100 West California Avenue
Ridgecrest CA 93555
Ricca Charlon, CMC
City Clerk
[email protected]
(760) 499-5002
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a
disability-related modification or accommodation to participate in the meeting, please contact Ricca
Charlon at (760) 499-5002. Requests must be made as early as possible and at least one full
business day before the start of the meeting.
Watch meetings on-line:
All of our meetings are streamed live at https://ridgecrest-ca.gov/369/Watch or on YouTube
at https://www.youtube.com/cityofridgecrest/live and are also available for playback after the
meeting.
Call in for public comments:
To participate with verbal comments, please call (760) 499-5010. This phone line will allow only one
caller at a time, so if the line is busy, please continue to dial. We will be allowing a 20-30 second
delay between callers to give time for media delays and callers to dial in. If you wish to comment on
multiple items you will need to call in as each item is presented.
Agendas are available on the City Website
https://www.ridgecrest-ca.gov/council-agendas
This Page Intentionally Left Blank
RIDGECREST CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY
FINANCING AUTHORITY
HOUSING AUTHORITY
AGENDA
Wednesday, August 5, 2026
Regular Session – 6:00 p.m.
CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA
REGULAR SESSION
• Pledge Of Allegiance
• Invocation
COUNCIL PRESENTATIONS
1. City Clerk Week Proclamation
2. Pinney Pool Update
Council
Luis Molina, City Engineer
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA - Persons wishing to address the
Council on matters that are within the Council’s jurisdiction and DO NOT ALREADY APPEAR ON
THE AGENDA, may do so at this time.
COUNCIL ANNOUNCEMENTS/DIRECTION
CONSENT CALENDAR – All Matters Listed Under The Consent Calendar Are To Be Considered
Routine And Enacted By One Motion Unless Pulled By A Council Member.
3. Proposed Action To Approve Draft Minutes Of The Regular Ridgecrest City Council Meeting
Dated July 15, 2026
Charlon
4. A Resolution Of The City Council Of The City Of Ridgecrest Adopting An Updated Zero
Tolerance Drug And Alcohol Testing Policy, Including Attachments A And B
Reed
5. A Resolution Approving A Memorandum Of Understanding (MOU) Between The City Of
Ridgecrest And United Food And Commercial Workers (UFCW)
Reed
6. Amend The Authorized City Signer For The AHSC Program
Reed
7. A Resolution Approving The Project List For Fiscal Year 2026-2027 For The California State Of
Good Repair (SGR) Program For The Following Project: Electric Cutaway Purchase
Covarrubias
DISCUSSION / ACTION ITEMS
8. Discussion And Proposed Action To Approve A Resolution Designating A Voting Member And
Alternate(s) To Attend The League Of California Cities Annual Conference And Represent The
City Of Ridgecrest
Charlon
Page 1 of 2
9. A Resolution Of The Ridgecrest City Council Approving A Professional Services Agreement For
The Evaluation Of The Wastewater Treatment Plant Digester Roof
Roberts
10. Authorization for Temporary Police Officer Over Hire
COMMITTEE REPORTS
Economic Development Committee
Members: Kyle Blades and Solomon Rajaratnam
Meeting: 1st Monday of the month @ 5:15 p.m.
Location: City Hall Conference Room B, 1st Floor
➢ Report from August 3, 2026
Finance Committee
Members: Solomon Rajaratnam and Scott Hayman
Meeting: 2nd Tuesday every other month at 5:30 p.m.
Location: City Hall Conference Room B, 1st Floor
➢ Next meeting September 8, 2026
Infrastructure Committee
Members: Mayor Endicott and Kyle Blades
Meeting: 4th Thursday each month at 5:00 p.m.
Location: City Hall Conference Room B, 1st Floor
➢ Report from July 23, 2026
Parks, Recreation, and Quality of Life Committee
Members: Mayor Endicott and Scott Hayman
Meeting: 1st Tuesday each month at 5:30 p.m.
Location: City Hall Council Chambers
➢ Report from August 4, 2026
OTHER COMMITTEES, BOARDS, OR COMMISSIONS
CITY MANAGER REPORT
FUTURE AGENDA ITEMS
MAYOR AND COUNCIL COMMENTS
ADJOURNMENT
AGENDA - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY
REGULAR – August 5, 2026
Page 2 of 2
Ysit
1
This Page Intentionally Left Blank
A Proclamation of
The City of Ridgecrest, California
57th ANNUAL PROFESSIONAL MUNICIPAL CLERKS WEEK
Aug 3 - 9, 2026
Whereas, The Office of the Professional Municipal Clerk, a time honored and vital part of local government exists
throughout the world, and
Whereas, The Office of the Professional Municipal Clerk is the oldest among public servants, and
Whereas, The Office of the Professional Municipal Clerk provides the professional link between the citizens, the local
governing bodies and agencies of government at other levels, and
Whereas, Professional Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering
equal service to all.
Whereas, The Professional Municipal Clerk serves as the information center on functions of local government and
community.
Whereas, Professional Municipal Clerks continually strive to improve the administration of the affairs of the Office of the
Professional Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings
of their state, provincial, county and international professional organizations.
Whereas, It is most appropriate that we recognize the accomplishments of the Office of the Professional Municipal Clerk.
Now, Therefore, We, the City Council of the City of Ridgecrest, do recognize the week of Aug 3 through 9, 2026, as
Ridgecrest’s Professional Municipal Clerks Week, and further extend appreciation to our Professional Municipal Clerk,
Ricca Charlon, and to all Professional Municipal Clerks for the vital services they perform and their exemplary dedication
to the communities they represent.
Presented this 5th day of August, 2026
Travis Endicott
Mayor
Kyle Blades
Mayor Pro-Tem
Solomon P. Rajaratnam
Vice Mayor
L. Scott Hayman
Council Member
John ‘Skip’ Gorman
Council Member
This Page Intentionally Left Blank
2
This Page Intentionally Left Blank
3
This Page Intentionally Left Blank
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council
Regular Meeting Dated July 15, 2026
PRESENTED BY: Ricca Charlon, City Clerk
SUMMARY:
Draft Minutes of the City Council / Successor Redevelopment Agency / Housing Authority /
Financing Authority Regular Meeting Dated July 15, 2026
FISCAL IMPACT: None
ACTION REQUESTED: Approve minutes
CITY MANAGER’S RECOMMENDATION: Action as requested
Submitted by:
Ricca Charlon
Action Date: August 5, 2026
This Page Intentionally Left Blank
RIDGECREST CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY
FINANCING AUTHORITY
HOUSING AUTHORITY
DRAFT MINUTES
Wednesday, July 15, 2026
Regular Session – 6:00 p.m.
This meeting was recorded and will be on file in the Office of the City Clerk for a certain period of time from date of approval by
the Ridgecrest City Successor Agency/Financing Authority/Housing Authority. Meetings are recorded solely for the purpose of
preparation of minutes.
ROLL CALL
Council Present: Mayor Pro-Tem Blades; Vice Mayor Rajaratnam; Council Member Hayman; Council
Member Gorman
Absent:
Mayor Endicott
Staff Present:
City Attorney M. Koczanowicz; City Manager Reed; City Clerk Charlon
APPROVAL OF AGENDA - Motion To Approve – Rajaratnam – Hayman – 4 ayes; 1 absent
REGULAR SESSION
COUNCIL PRESENTATIONS
1. Parks & Recreation Week Proclamation
Council
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA – M. Licitra, J. Jones; E. Chika; B.
Licitra; Vanessa; Unknown Speaker; K. Brown; K. Russell; D. Neel; M. Neel; M. Sinnott
COUNCIL ANNOUNCEMENTS/DIRECTION
CONSENT CALENDAR
2. Proposed Action To Approve Draft Minutes Of The Regular Ridgecrest City Council Meeting
Dated June 17, 2026
Charlon
3. Consideration Of Resolutions Relating To The Calling Of Ridgecrest’s General Municipal
Election To Be Held On November 3, 2026
Charlon
4. Approve A Resolution Of The City Council Of City Of Ridgecrest Reciting The Fact Of The
Consolidated Statewide Direct Primary Municipal Election Held On Tuesday, June 2 June 3,
2026 Declaring The Result And Such Other Matters As Provided By Law
Charlon
5. A Resolution Of The Ridgecrest City Council Approving The Acceptance Of The California
Cannabis Tax Fund Grant Program Grant Funds
Ysit
6. A Resolution Of The Ridgecrest City Council Authorizing Acceptance Of The State Of California,
Office Of Traffic Safety Step Grant
Ysit
7. Resolution Of The Ridgecrest City Council Authorizing The City Manager To Enter Into A
Memorandum Of Agreement With Sierra Sands Unified School District For Law Enforcement
Services (School Resource Officer Program)
Ysit
Page 1 of 3
8. A Resolution Approving a Memorandum of Understanding (MOU) Between the City of
Ridgecrest and Police Employees Association of Ridgecrest (PEAR)
Reed
9. A Resolution of the City Council of the City of Ridgecrest Authorizing an Amendment to the City
of Ridgecrest PARS Alternate Retirement System (ARS) Plan
Reed
10. A Resolution Approving by Reference and Authorizing Execution of the Compensation Plans for
the Management, Mid-Management, Confidential, and Part-Time Employee Groups
Reed
11. A Resolution Of The City Council Of The City Of Ridgecrest To Cooperate With The County Of
Kern, Electing To Participate In The Community Development Block Grant (CDBG) And Home
Investment Partnership Programs For Fiscal Years 2027, 2028, And 2029 And Authorizing The
City Manager To Sign The Cooperative Agreement
Reed
12. A Resolution of The City Council of The City of Ridgecrest to Levy and Collect Sewer Fees on
The General Tax Rolls for Fiscal Year 2026-2027
Roberts
13. A Declaration Of Equipment And Vehicles As Surplus According To The Fy27 Adopted Budget
Purchasing Policy
Roberts
14. A Resolution Of The City Council Of The City Of Ridgecrest Authorizing: An Application For
Federal Funding For Fiscal Year 2026-2027 In The Total Amount Of One Hundred Eighty
Thousand Five Hundred And Fifty-Nine Dollars ($180,559); The City Manager To Sign And
File The Application; And Execute And File All Certification Of Assurances, Contracts Or
Agreements; And Designate The Transit Administrator To Provide Additional Information In
Connection With The Application For The Section 5311 Project(s) And To Submit And Approve
Requests For Reimbursement Of Funds From The Department For The Section 5311 Project(s)
Covarrubias
Public Comment – M. Neel commented on items 3, 4, & 12
Motion To Approve Consent Calendar items 2 – 14 with date change to June 2, 2026 on item 4 & the
addition of vehicle R275 to the vehicles being surplused on item 13 – Rajaratnam – Hayman – 4 ayes; 1
absent
DISCUSSION / ACTION ITEMS
15. A Resolution Of The Ridgecrest City Council Approving A Five-Year Transit Development Plan
Roberts
Public Comment – None
Motion To Approve – Hayman Rajaratnam – 4 ayes; 1 absent
16. Declaration Of Surplus Vehicle And Authorization To Sell A Surplus Communications Vehicle
To The Sierra Amateur Radio Club Of The High Mojave
Ysit
Public Comment – None
Motion To Approve – Gorman – Hayman – 4 ayes; 1 absent
Draft Minutes - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY
REGULAR – July 15, 2026
Page 2 of 3
17. Discussion Regarding Needed Appointments To Council Committees, Boards, And Commissions
Charlon
Public Comment – L. Stephens; M. Neel; K. Russell
Minute Motion To Approve – Gorman – Hayman – 3 ayes; 1 absent; 1 abstention (Rajaratnam)
18. Discussion Regarding The Board Of The Indian Wells Valley Groundwater Authority (IWVGA) Regular
Meeting
Hayman
Public Comment – K. Russell; M. Neel; M. Sinnott
19. Consideration Of Authorization To File Petition For Intervenor Status In The California Energy
Commission Small Power Plant Exemption Proceeding For The Proposed Inyokern Data Center Project
(Docket No. 26-SPPE-01)
Reed
Public Comment – K. Cutts; Noah; K. Russell
Consensus and direction given to staff to proceed
COMMITTEE REPORTS
Economic Development Committee
Members: Kyle Blades and Solomon Rajaratnam
Meeting: 1st Monday of the month @ 5:15 p.m.
Location: City Hall Conference Room B, 1st Floor
➢ Next meeting August 3, 2026
Finance Committee
Members: Solomon Rajaratnam and Scott Hayman
Meeting: 2nd Tuesday every other month at 5:30 p.m.
Location: City Hall Conference Room B, 1st Floor
➢ Report from July 14, 2026
Infrastructure Committee
Members: Mayor Endicott and Kyle Blades
Meeting: 4th Thursday each month at 5:00 p.m.
Location: City Hall Conference Room B, 1st Floor
➢ Report from June 25, 2026
Parks, Recreation, and Quality of Life Committee
Members: Mayor Endicott and Scott Hayman
Meeting: 1st Tuesday each month at 5:30 p.m.
Location: City Hall Council Chambers
➢ Report from July 7, 2026
OTHER COMMITTEES, BOARDS, OR COMMISSIONS
CITY MANAGER REPORT
FUTURE AGENDA ITEMS – WWTP update end of Aug./early Sept.
MAYOR AND COUNCIL COMMENTS
ADJOURNMENT – 8:37 pm
Draft Minutes - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY
REGULAR – July 15, 2026
Page 3 of 3
This Page Intentionally Left Blank
4
This Page Intentionally Left Blank
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: A Resolution Of The City Council Of The City Of Ridgecrest Adopting An Updated Zero Tolerance Drug And
Alcohol Testing Policy, Including Attachments A And B
PRESENTED BY: Travis Reed, City Manager
SUMMARY
Staff recommends that the City Council adopt the updated Zero Tolerance Drug and Alcohol Testing Policy. The
revisions bring the policy current with applicable U.S. Department of Transportation procedures in 49 CFR Part 40
while preserving the separate requirements applicable to Federal Transit Administration employees under Part
655, Federal Motor Carrier Safety Administration drivers under Part 382, and employees tested solely under the
City’s independent authority.
BACKGROUND
The City maintains a drug and alcohol testing program for employees who perform federally regulated safetysensitive functions and for designated positions covered under City authority. The policy was revised on July 16,
2025. Following a subsequent review of the policy and current federal requirements, staff prepared a
comprehensive update rather than adopting the shorter draft that would have removed important FMCSA and
City-specific provisions.
POLICY REVISIONS
• Updates Part 40 terminology and procedures to address urine and oral-fluid drug testing. Oral-fluid testing
may be used only when authorized and operationally available under Part 40, including qualified collector,
approved device, certified laboratory, and split-specimen requirements.
• Restores and preserves FMCSA-specific definitions, safety-sensitive functions, pre-employment testing
exceptions, post-accident criteria, citation windows, and recordkeeping requirements.
• Separately states the FTA and FMCSA consequences for an alcohol concentration of 0.02 through 0.039: a
minimum eight-hour restriction for FTA-covered employees and a 24-hour restriction for FMCSA-covered
drivers.
• Preserves City-authority reasonable-suspicion, post-accident, random, return-to-duty, follow-up, treatment,
and leave provisions while requiring all non-DOT testing to be identified, documented, and administered
separately from federally required testing.
• Updates refusal-to-test, specimen validity, split-specimen, Medical Review Officer, and Substance Abuse
Professional language.
Page 1 of 2
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
• Updates Attachments A and B to identify covered job classifications and program contacts, including separate
primary- and split-specimen laboratory information.
• Corrects drafting inconsistencies, obsolete cross-references, and terminology.
FISCAL IMPACT
No material fiscal impact is anticipated from adoption of the policy. Routine drug and alcohol testing expenses will
continue to be paid from existing departmental appropriations. Actual costs may vary depending on the authorized
collection method and vendor services used.
LEGAL AND REGULATORY CONSIDERATIONS
The policy is intended to implement applicable requirements of 49 CFR Parts 40, 382, and 655 and to maintain a
clear separation between DOT and non-DOT testing. Final implementation remains subject to applicable law,
collective bargaining obligations, and review by the City Attorney and the City’s Drug and Alcohol Program
Manager.
FISCAL IMPACT: None
ACTION REQUESTED:
1. Adopt the Resolution approving the updated City of Ridgecrest Zero Tolerance Drug and Alcohol Testing
Policy, including Attachments A and B.
2. Authorize implementation of the updated policy upon its effective date.
3. Direct staff to maintain the approved clean policy and corresponding redline in the City’s official records.
CITY MANAGER’S RECOMMENDATION: Action as requested.
Submitted by: Travis Reed, City Manager
Staff Contact:
Action Date: August 5, 2026
Patricia Rockwell, Human Resources Administrator / DAPM
Page 2 of 2
RESOLUTION NO. 26-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIDGECREST ADOPTING AN UPDATED ZERO TOLERANCE DRUG
AND ALCOHOL TESTING POLICY, INCLUDING ATTACHMENTS A
AND B
WHEREAS, the City of Ridgecrest maintains a Zero Tolerance Drug and Alcohol Testing
Policy to promote a safe, compliant, and drug- and alcohol-free workplace and to satisfy applicable
federal transportation requirements; and,
WHEREAS, the City employs individuals who perform safety-sensitive functions
regulated by the Federal Transit Administration under 49 CFR Part 655 and the Federal Motor
Carrier Safety Administration under 49 CFR Part 382; and,
WHEREAS, the U.S. Department of Transportation has updated the procedures in 49 CFR
Part 40, including definitions and procedures applicable to urine and oral-fluid drug testing,
specimen collection, refusals to test, Medical Review Officer review, and split-specimen testing;
and,
WHEREAS, the City has reviewed its policy revised July 16, 2025 and has prepared an
updated policy that incorporates current Part 40 provisions while retaining the distinct FTA,
FMCSA, and City-authority requirements applicable to City employees; and,
WHEREAS, the updated policy preserves FMCSA-specific safety-sensitive function, preemployment, post-accident, alcohol restriction, and recordkeeping requirements, and requires
DOT and non-DOT testing to be identified and administered separately; and,
WHEREAS, Attachments A and B identify the covered job classifications and the officials
and service agents responsible for administration of the City’s drug and alcohol testing program;
and,
WHEREAS, the City Council finds that adoption of the updated policy is necessary to
maintain regulatory compliance, accurate program documentation, and consistent administration
of the City’s drug and alcohol testing program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ridgecrest as
follows:
Section 1. The updated City of Ridgecrest Zero Tolerance Drug and Alcohol Testing Policy,
including Attachments A and B, attached to the agenda materials and incorporated herein by
reference, is approved and adopted.
Section 2. The updated policy supersedes the policy previously revised July 16, 2025 upon the
effective date of this Resolution.
Section 3. The City Manager, Human Resources Administrator, and Drug and Alcohol Program
Manager are authorized and directed to implement and administer the policy in accordance
with applicable law, federal regulations, collective bargaining obligations, and City
procedures.
Page 1 of 2
Section 4. DOT tests and tests conducted solely under City authority shall be clearly identified
and administered separately. A City-only testing requirement shall not be represented or
administered as a federal requirement.
Section 5. The City Manager or designee may approve non-substantive administrative corrections
to job titles, contact information, citations, and formatting, provided that any substantive policy
amendment is returned to the City Council for approval.
Section 6. This Resolution shall take effect immediately upon adoption.
APPROVED AND ADOPTED this 5th day of August, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Travis Endicott, Mayor
STATE OF CALIFORNIA
COUNTY OF KERN
I, Ricca Charlon, the City Clerk of the City Council of the City of Ridgecrest of Kern County, California,
hereby certifies that the above foregoing resolution was duly and regularly adopted by said City at a regular
meeting thereof held on the 5th of August, 2026, and passed by above vote of said Council.
________________________________________
Ricca Charlon, City Clerk
Resolution No. 26-XX
Page 2 of 2
Red-lined version
ZERO TOLERANCE DRUG AND ALCOHOL TESTING POLICY
City of Ridgecrest
Formatted: Font: 16 pt
Revised July 16, 2025 | Draft updated through current 49 CFR Parts 40, 382, and 655 provisions – AugustJuly
2026
DRAFT REDLINE: This document contains actual Microsoft Word tracked changes against the July 16, 2025
policy. Use Word's Review tab to display All Markup, accept, or reject revisions.
A. PURPOSE
1) 1) The City of Ridgecrest provides public transit and paratransit services for City
residents, the residents of Johannesburg/Randsburg, and surrounding County areas
pursuant to contract with the County. Part of our mission is to ensure that this service is
delivered safely, efficiently, and effectively by establishing a drug- and alcohol-free work
environment, and to ensure that the workplace remains free from the effects of drugs
and alcohol in order to promote the health and safety of employees and the general
public. In keeping with this mission, the City of Ridgecrest declares that the unlawful
manufacture, distribution, dispense, dispensing, possession, or use of controlled
substances or misuse of alcohol is prohibited for all employees.
2) 2) Additionally, the purpose of this policy is to establish guidelines to maintain a drug
and alcohol-free workplace in compliance with the Drug-Free Workplace Act of 1988,
and the Omnibus Transportation Employee Testing Act of 1991. Covered employees
shall abide by the terms of this policy statement as a condition of employment. This
policy is intended to comply with all applicable Federal regulations governing workplace
anti-drug and alcohol programs in the transit and motor carrier industries. industry.
Specifically, the Federal Transit Administration (FTA) of the U.S. Department of
Transportation has published 49 CFR Part 655, as amended, that mandates urine drug
testing and breath alcohol testing for safety-sensitive positions, and prohibits
performance of safety-sensitive functions when there is a positive test result. Also, the
Federal Motor Carrier Safety Administration (FMCSA) has published 49 CFR Part 382
that mandates urine drug testing and breath alcohol testing for safety sensitive positions,
and prohibits performance of these functions when there is a positive test result, or a
refusal to test. The U. S. Department of Transportation (USDOT) has also published 49
CFR Part 40, as amended, that sets standards for the collection and testing of urine
specimens for drug and breath specimens.alcohol testing.
3) 3) Any provisions set forth in this policy that are included under the sole authority of the
City of Ridgecrest and are not provided under the authority of the above named abovenamed Federal regulations are underlined. Tests conducted under the sole authority of
the City of Ridgecrest will be performed on non-USDOT forms and will be separate from
USDOT testing in all respects.
B. APPLICABILITY
2. For FMCSA FMCSA-covered employees, every person this policy applies to persons subject
to 49 CFR Part 382, including drivers who operates a operate commercial motor vehicle
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 1
Formatted: Justified
vehicles in commerce. in any State is covered.FMCSA-covered employees are subject to the
FMCSA-specific safety-sensitive function, accident, testing, and record requirements
applicable to their positions.
This Drug and Alcohol Testing Policy applies to all safety-sensitive employees (full- or parttime) when performing safety-sensitive duties under Federal Transit Administration (FTA) or
Federal Motor Carrier Safety sensitive duties. The Administration (FMCSA) authority. City of
Ridgecrest employees that who do not perform federally defined safety-sensitive functions are
may also be covered under this policy and tested under the sole authority of the City of
Ridgecrest, See as identified in Attachment A. for a list of employees Testing conducted solely
under City authority will use non-DOT forms and the authority under which they are included.will
remain separate from DOT testing in all respects.
1. For FTA employees, A safety-sensitive function includes is operation of public transit service
including the operation of a transit revenue service vehicle (whether or not the vehicle is in
revenue service), maintenance of a transit revenue service vehicle or equipment used in
revenue service, security personnel who carry firearms, dispatchers or persons controlling the
dispatch or movement of transit revenue service vehicles and any transit employee who
operates a transit non-revenue service vehicle that requires a Commercial Driver’s License to
operate. Maintenance functions include the repair, overhaul, and rebuild of engines, vehicles
and/or equipment used in revenue service. A list of safety-sensitive positions who perform one
or more of the above mentioned above-mentioned duties is provided in Attachment A.
Supervisors are only safety sensitive if they perform one of the above functions. Volunteers
are considered safety sensitive and subject to testing if they are required to hold a CDL, or
receive remuneration for service in excess of actual expense.
C. DEFINITIONS
Accident: An occurrence associated with the operation of a vehicle even when not in revenue
service, if as a result:
FTA Accident: An occurrence associated with the operation of a public transportation vehicle,
even when whether or not in revenue service, if that results in a fatality, bodily injury requiring
immediate medical treatment away from the scene, or disabling damage requiring a vehicle to
be transported away from the scene, as a result: a. An individual dies;further provided in 49
CFR 655.44.
FMCSA Accident: An occurrence involving a commercial motor vehicle operating on a public
road in commerce and that results in: (a) a loss of human life; or (b) bodily injury and
immediately receives requiring immediate medical treatment away from the scene of and the
accident AND driver receives a citation was issued within 8 eight hours of the occurrence under
State or local law for a moving violation arising from the accident; or (c) One or more motor
vehicles incur disabling damage as requiring a vehicle to be transported from the result of
scene and the occurrence AND driver receives a citation was issued within 8 eight hours of the
occurrence under State or local law for a moving violation arising from the accident. For
controlled substance testing under 49 CFR 382.303, the applicable citation window is thirtytwo hours.
a. An individual dies;
b. An individual suffers a bodily injury and immediately receives medical treatment
away from the scene of the accident; or,
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 2
Formatted: Font: 12 pt
Formatted: Justified
c. One or more vehicles incur disabling damage as the result of the occurrence and
is transported away from the scene by a tow truck or other vehicle. For purposes
of this definition, disabling damage means damage which precludes departure of
any vehicle from the scene of the occurrence in its usual manner in daylight after
simple repairs. Disabling damage includes damage to vehicles that could have
been operated but would have been further damaged if so operated, but does not
include damage which can be remedied temporarily at the scene of the
occurrence without special tools or parts, tire disablement without other damage
even if no spare tire is available, or damage to headlights, taillights, turn signals,
horn, or windshield wipers that makes them inoperative.
Adulterated specimen: A specimen that has been altered, as evidence by test results showing
either a substance that is not a normal constituent for that type of specimen or showing an
abnormal concentration of an endogenous substance.
Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight
alcohols contained in any beverage, mixture, mouthwash, candy, food, preparation or
medication.
Alcohol Concentration: Expressed in terms of grams of alcohol per 210 liters of breath as
indicated by a breath test under 49 CFR Part 40.
Aliquot: A fractional part of a specimen used for testing; It is taken as a sample representing
the whole specimen.
Dilute Alternate specimen: A urine An authorized specimen, with creatinine and specific gravity
values that are lower other than expected for human urine.the type of specimen previously
collected or attempted to be collected.
Canceled Test: A drug or alcohol test that has a problem identified that cannot be or has not
been corrected, or which is cancelled. A canceled test is neither positive nor negative.
Split Collection Site: A place selected by the employer where employees present themselves
for the purpose of providing a specimen Collection: for a collection in which the urine collected
is divided into two separate bottles, the primary specimen (Bottle A) and the split specimen
(Bottle B).drug test.
(1) Commerce: Any trade, traffic, or transportation within the jurisdiction of the United States
between a place in a State and a place outside of such that State, including a place outside of
and trade, traffic, or transportation in the United States andthat affects such interstate or
international trade, traffic, or transportation.
Commercial Motor Vehicle: A motor vehicle or combination of motor vehicles used in commerce
to transport passengers or property if that meets the vehicleweight, passenger-capacity, or
hazardous-material criteria in 49 CFR 382.107.
Confirmatory Drug Test: A second analytical procedure performed on a different aliquot of the
original specimen to identify and quantify the presence of a specific drug or drug metabolite.
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 3
Formatted: Font: 12 pt
Formatted: Justified
Confirmatory Validity Test: A second test performed on a different aliquot of the original urine
specimen to further support a validity test result.
Covered Employee Under FTA Authority: An employee who performs a an FTA safety-sensitive
function, including an applicant or transferee who is being considered for hire into a safety
sensitive safety-sensitive function. See Attachment A.for a list of covered employees).
Covered Employee Under FMCSA Authority: Every A person who operates a commercial
motor vehicle in commerce in any State and is subject to 382.103(a)(b)(c)49 CFR Part 382.
See Attachment A.
Covered Employee Under Company City Authority: An employee, applicant, or transferee that
will who is not perform performing a federally defined safety-sensitive function as defined by
FTA but is included under the company’s own City’s independent authority. City-authority
testing must use non-DOT forms and remain separate from DOT testing in all respects. See
Attachment A.
Initial Specimen Validity Test: Cutoff: The first test analytical value (e.g., drug or drug metabolite
concentration) used as the decision point to determine if a urine specimen is result (e.g.,
negative, positive, adulterated, diluted, invalid, or substituted) or invalidthe need for further
testing.
Designated Employer Representative (DER): An employee authorized by the employer to take
immediate action to remove employees from safety-sensitive duties and to make required
decisions in testing. The DER also receives test results and other communications for the
employer, consistent with the requirements of 49 CFR Parts 40 and 655.
DOT, The Department, DOT Agency: These terms encompass all DOT agencies, including,
but not limited to, the Federal Aviation Administration 9FAA), (FAA), the Federal Railroad
Administration (FRA), the Federal Motor Carrier Safety Administration (FMCSA), the Federal
Transit Administration (FTA), the National Highway Traffic Safety Administration (NHTSA), the
Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Office of the
Secretary (OST). For purposes of 49 CFR Part 40, the United States Coast Guard (USCG), in
the Department of Homeland Security, is considered to be a DOT agency for drug testing
purposes. These terms include any designee of a DOT agency.
Dilute specimen: A urine specimen with creatinine and specific gravity values that are lower
than expected for human urine.
Disabling damage: Damage which precludes departure of any vehicle from the scene of the
occurrence in its usual manner in daylight after simple repairs. Disabling damage includes
damage to vehicles that could have been operated but would have been further damaged if so
operated, but does not include damage which can be remedied temporarily at the scene of the
occurrence without special tools or parts, tire disablement without other damage even if no
spare tire is available, or damage to headlights, taillights, turn signals, horn, or windshield
wipers that makes them inoperative.
Employee: Any person who is designated Employer Representative (DER): An in a DOT
agency regulation as subject to drug testing and/or alcohol testing. The term includes
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 4
Formatted: Font: 12 pt
Formatted: Justified
individuals currently performing safety-sensitive functions designated in DOT agency
regulations and applicants for employment subject to pre-employment testing. For purposes of
drug testing under 49 CFR Part 40, the term employee authorized has the same meaning as
the term “donor” as found on CCF and related guidance materials produced by the employer
to take immediate action to remove employees from safety-sensitive duties Department of
Health and to make required decisions in testing. The DER also receives test results and other
communications for the employer, consistent with the requirements of 49 CFR Parts 40 and
655.Human Services.
Evidentiary Evidential Breath Testing Device (EBT): A device approved by the NHTSA for the
evidential testing of breath at the 0.02 and the 0.04 alcohol concentrations, and appears on
ODAPC’s Web page for “Approved Evidential Breath Measurement Devices” because it
conforms with the model specifications available from NHTSA.
Initial Drug Test: (Screening Drug Test) The first test used to differentiate a negative specimen
from one that requires further testing for drugs or drug metabolites.
Non-negative Initial Specimen Validity Test: result: The first test used to determine if a urine
specimen that is reported as adulterated, diluted, substituted, or invalidor positive for drug/drug
metabolites.
Invalid Result: The result reported by an HHS-certified laboratory in accordance with the criteria
established by the HHS Mandatory Guidelines when a positive, negative, adulterated, or
substituted result cannot be established for a specific drug or specimen validity test.
Laboratory: Any U.S. laboratory certified by HHS under the National Laboratory Certification
Program as meeting the minimum standards of Subpart C of the HHS; Mandatory Guidelines
for Federal Workplace Drug Testing Programs; or, in the case of foreign laboratories, a
laboratory approved for participation by DOT under this 49 CFR Part 40.
Limit of Quantitation: For quantitative assays, Detection (LOD): The lowest concentration at
which the identity and concentration of the measurand analyte (e.g., drug or drug metabolite)
can be accurately established.identified.
Limit of Detection (LOD): Quantification (LOQ): For quantitative assays, the lowest
concentration at which a measurand the identity and concentration of the analyte (e.g., drug or
drug metabolite) can be identified, but (for quantitative assays) the concentration cannot be
accurately calculated.established.
Medical Review Officer (MRO): A licensed physician (medical doctor or doctor of osteopathy)
responsible for receiving laboratory results generated by the drug testing program who has
knowledge of substance abuse disorders, and has appropriate medical training to interpret and
evaluate an individual's confirmed positive test result, together with his/her medical history, and
any other relevant bio-medical information.
Negative Dilute: A drug test result which is negative for the five drug/drug metabolites but has
creatinine and specific gravity values that are lower than expected for human urine.
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 5
Negative result: The result reported by an HHS-certified laboratory to an MRO when a
specimen contains no drug or the concentration of the drug is less than the cutoff concentration
for the drug or drug class and the specimen is a valid specimen. An alcohol concentration of
less than 0.02 BAC is a negative test result.
Adulterated Non-negative specimen: A specimen that has been altered, is reported as
evidence by test results showing either a substance that is not a normal constituent adulterated,
substituted, positive (for that type of specimen drug(s) or showing an abnormal concentration
of an endogenous substance.drug metabolite(s)), or invalid.
Validity testing: Oral Fluid Specimen: A specimen that is collected from an employee’s oral
cavity and is a combination of physiological fluids produced primarily by the evaluation salivary
glands. An oral fluid specimen is considered to be a direct observation collection for all
purposes of the specimen to determine if it is consistent with normal human urine. Specimen
validity testing will be conducted on all urine specimens provided for testing under DOT
authority. The purpose of validity testing is to determine whether certain adulterants or foreign
substances were added to the urine, if the urine was diluted, or if the specimen was
substituted.49 CFR Part 40, as amended.
Performing (a safety-sensitive function): A covered employee is considered to be performing a
safety-sensitive function and includes any period in which he or she is actually performing,
ready to perform, or immediately available to perform such functions.
Positive result: The result reported by an HHS- Certified laboratory when a specimen contains
a drug or drug metabolite equal or greater to the cutoff concentrations.
Positive result: Primary specimen: In drug testing, the result reported specimen bottle that is
opened and tested by an HHS- Certified a first laboratory when a specimen contains to
determine whether the employee has a drug or drug metabolite equal in his or greater to her
system; and for the cutoff concentrations.purpose of specimen validity
Aliquot: A fractional part testing. The primary specimen is the portion of the donor’s subdivided
specimen designated as the primary (‘‘A’’) specimen used for testing, by the collector to
distinguish it is taken from the split (‘‘B’’) specimen, as a sample representing the whole
specimen.defined in 49 CFR Part 40, as amended.
Prohibited drug: Identified as marijuana, cocaine, opioids, amphetamines, or phencyclidine at
levels above the minimum thresholds as specified in 49 CFR Part 40, as amended.
Reconfirmed: The result reported for a split (Bottle B) specimen when the second HHS-certified
laboratory is able to corroborate corroborates the original result reported for the primary (Bottle
A) specimen.
Rejected for Testing: The result reported by an HHS- Certified laboratory when no tests are
performed for specimen because of a fatal flaw or a correctable flaw that has not been
corrected.
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 6
Revenue Service Vehicles: All transit vehicles that are used for passenger transportation
service.
Performing (a Safety-sensitive function): A covered functions: Employee is considered to be
performing a safety-sensitive function and includes any period in which he or she is actually
performing, ready to perform, or immediately available to perform such functions.duties
identified as:
(1)
The operation of a transit revenue service vehicle even when the vehicle is not in
revenue service.
(2)
The operation of a non-revenue service vehicle by an employee when the operation
of such a vehicle requires the driver to hold a Commercial DriversDriver License
(CDL).
(3)
Maintaining a revenue service vehicle or equipment used in revenue service.
(4)
(5) Is designed to transport 16 Controlling dispatch or more passengers, including
the driver; ormovement of a revenue service vehicle and
(5)
Carrying a firearm for security purposes.
Safety-sensitive functions for FTA FMCSA employees: Employee duties identified as: (1) All
time from the operation of time a transit revenue service vehicle even when driver begins to
work or is required to be in readiness to work until the vehicle is not in revenue service. (2) The
operation of a non-revenue service vehicle by an employee when the operation of such a
vehicle requires time the driver to hold a Commercial Drivers License (CDL). (3) Maintaining a
revenue service vehicle or equipment used in revenue service. (4) Controlling the movement
of a revenue service vehicle is relieved from work and (5) Carrying a firearm all responsibility
for security purposes.performing work, including:
Alcohol Concentration: Expressed in terms of grams of alcohol per 210 liters of breath as
indicated by a breath test under 49 CFR Part 40.(1) All time at an employer or shipper plant,
terminal, facility, other property, or public property waiting to be dispatched, unless relieved
from duty;
Confirmatory Validity Test: (2) All time inspecting, servicing, or conditioning a second test
performed on a different aliquot of the original urine specimen to further support a validity test
result.commercial motor vehicle;
(3) All time spent at the driving controls of a commercial motor vehicle in operation;
Oxidizing Adulterant: (4) All time, other than driving time, in or upon a substance that acts alone
or in combination with other substances to oxidize drugs or drug metabolites to prevent the
detection of the drug or metabolites, or affects the reagents in either the initial or confirmatory
drug test.commercial motor vehicle, except qualifying sleeper-berth time;
Safety-sensitive functions for FMCSA employees: All time from the time a driver begins to work
or is required to be in readiness to work until the time he/she is relieved from work and all
responsibility for performing work. Safety-sensitive functions shall include: (1) All time at an
employer 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; (2) All time
inspecting equipment as required by §§ 392.7 and 392.8 of this subchapter or otherwise
inspecting, servicing, or conditioning any commercial motor vehicle at any time; (3) All time
spent at the driving controls of a commercial motor vehicle in operation; (4) All time, other than
driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper
berth (a berth conforming to the requirements of § 393.76 of this subchapter); (5) All time
loading or unloading, a vehicle, supervising or assisting in the loading or unloading, attending
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 7
Formatted: Font: 12 pt
Formatted: Justified
a vehicle being loaded or unloaded, remaining in readiness ready to operate the vehicle, or in
giving or receiving shipment receipts; for shipments loaded or unloaded; and(6) All time
repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
Substituted Specimen: Fluid, breath, or other material collected from an employee at the
collection site for the purpose of a urine specimen with creatinine and specific gravity values
that are so diminished drug or so divergent that they are not consistent with normal human
urine.alcohol test.
Rejected for Specimen Bottle: The bottle that, after being sealed and labeled according to the
procedures in 49 CFR Part 40, is used to hold a primary (“A”) or split (“B”) specimen during the
transportation to the laboratory. In the context of oral fluid testing, The result reported by an
HHS- Certified laboratory when no tests are performed for specimen because of it may be
referred to as a fatal flaw “vial,” “tube,” or a correctable flaw that has not been corrected.“bottle.”
Negative Dilute: Split Specimen: In drug testing, the specimen that is sent to a drug test result
which is negative for the five drug/drug metabolites but has creatinine and specific gravity
values that are lower than expected for human urine.first laboratory
b. An individual suffers and stored with its original seal intact, and which is transported to a
bodily injury and immediately receives medical treatment away from second laboratory for
retesting at the scene employee’s request following MRO verification of the accident; primary
specimen as positive, adulterated or substituted.
Alcohol: Split specimen collection: A collection in which the intoxicating agent in beverage
alcohol, ethyl alcohol, or other low molecular weight alcohols contained in any beverage,
mixture, mouthwash, candy, food, preparation or medication.single specimen collected is
divided into two separate specimen bottles, the primary specimen (Bottle A) and the split
specimen (Bottle B).
Substance Abuse Professional (SAP): A licensed physician (medical doctor or doctor of
osteopathy) or licensed or certified psychologist, social worker, employee assistance
professional, state-licensed or certified marriage and family therapist, or drug and alcohol
counselor (certified by an organization listed at www.transportation.gov/odapc/sap)
https://www.transportation.gov/odapc/sap) with knowledge of and clinical experience in the
diagnosis and treatment of drug and alcohol related disorders.
Verified negative test: Substituted specimen: An employee’s specimen not consistent with a
drug test result reviewed normal human specimen, as determined by HHS (e.g., a medical
review officer urine specimen, with creatinine and determined to have no evidence of prohibited
drug use above the minimum cutoff levels established by the Department of Health and specific
gravity values that are so diminished, or so divergent that they are not consistent with normal
human Services (HHS).urine).
Test Refusal: The following are considered a refusal to test if the employee:
(1) Verified positive Fail to appear for any test (except a drug pre-employment test) result
reviewed within a reasonable time, as determined by a medical review officer and
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 8
determined to have evidence of prohibited drug use above the minimum cutoff levels
specified in 49 CFR Part 40 as revised.employer.
(2) Canceled Fail to remain at the collection site until the testing process is complete. An
employee who leaves the testing site before the testing process commences for a preemployment test A drug or alcohol test that has a problem identified that cannot be or
has not been corrected, or which is cancelled. A canceled refused to test. is neither
positive nor negative.
(3) (2) Trade, traffic, and transportation in Fail to attempt to provide a specimen. An
employee who does not provide a specimen because he or she has left the United
States, which affects any trade, traffic, and transportation described in paragraph (1) of
this definition.testing site before the testing process commenced for a pre-employment
test has not refused to test.
(4) Revenue Service Vehicles: All transit vehicles that are used for passenger transportation
service.In the case of a directly-observed or monitored urine collection in a drug test, fail
to permit monitoring or observation of your provision of a specimen.
(5) Fail to provide a sufficient quantity of specimen without a valid medical explanation.
(6) Fail or decline to take an additional test as directed by the collector or the employer for
drug testing.
(7) (6) Is of any size and is used in Fail to undergo a medical evaluation as required by the
transportation of materials found to be hazardous for MRO or the purposes of the
Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the
motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part
172, subpart F).employer’s Designated Employer Representative (DER).
(8) Fail to cooperate with any part of the testing process.
(9) Fail to follow an observer’s instructions to raise and lower clothing and turn around
during a directly-observed urine collection.
(10) (4) Has Possess or wear a gross vehicle weight rating prosthetic or gross vehicle
weight of 11,794 or more kilograms (26,001 or more pounds), whichever is greater;
orother device used to tamper with the collection process.
(11) Admit to the adulteration or substitution of a specimen to the collector or MRO.
(12) Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF).
(13) Fail to remain readily available following an accident.
(14) As a covered employee, if the MRO reports that you have a verified adulterated or
substituted test result, you have refused to take a drug test.
(3) Undiluted (neat) oral fluid: An oral fluid specimen to which no other solid or liquid has been
added. For example: A gross combination weight rating collection device that uses a diluent
(or gross combination weight other component, process, or method that modifies the volume
of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive the
testable specimen) must collect at least 1 mL of a towed unit(s) with a gross vehicle weight
rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is
greater; orundiluted (neat) oral fluid.
Urine specimen: Urine collected from an employee at the collection site for the purpose of a
drug test.
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 9
Vehicle: A bus, electric bus, van, automobile, rail car, trolley car, trolley bus, or vessel. A public
transit vehicle is a vehicle used for public transportation or for ancillary services.
Verified negative test: A drug test result reviewed by a medical review officer (MRO): A licensed
physician (medical doctor and determined to have no evidence of prohibited drug use at or
doctor of osteopathy) responsible for receiving laboratory results generated above the
minimum cutoff levels established by the drug testing program who has knowledge Department
of substance abuse disorders, Health and has appropriate medical training to interpret and
evaluate an individual's confirmed positive test result, together with his/her medical history, and
any other relevant bio-medical information.Human Services (HHS).
Verified positive test: A drug test result reviewed by a medical review officer and determined to
have evidence of prohibited drug use at or above the minimum cutoff levels specified in 49
CFR Part 40 as revised.
Validity testing: The evaluation of the specimen to determine if it is consistent with normal
human urine or oral fluid. Specimen validity testing will be conducted on all specimens provided
for testing under DOT authority. The purpose of validity testing is to determine whether certain
adulterants or foreign substances were added to the specimen, if the specimen was diluted, or
if the specimen was altered.
D. EDUCATION AND TRAINING
1) 1) Every covered employee will receive a copy of this policy and will have ready access
to the corresponding federal regulations including 49 CFR Parts 655, 382, and 40, as
amended. In addition, all FTA covered employees will undergo a minimum of 60 minutes
of training on the signs and symptoms of drug use including the effects and
consequences of drug use on personal health, safety, and the work environment. The
training also includes manifestations and behavioral cues that may indicate prohibited
drug use.
2) All supervisory personnel or company officials who are in a position to determine
employee fitness for duty will receive 60 minutes of reasonable suspicion training on the
physical, behavioral, and performance indicators of probable drug use and 60 minutes
of additional reasonable suspicion training on the physical, behavioral, speech, and
performance indicators of probable alcohol misuse.
E. PROHIBITED SUBSTANCES
1) Prohibited substances addressed by this policy include the following.
a. a. Illegally Used Controlled Substance or Drugs Under the Drug-Free Workplace Act
of 1988 any drug or any substance identified in Schedule I through V of Section 202
of the Controlled Substance Act (21 U.S.C. 812), and as further defined by 21 CFR
1300.11 1308.11 through 1300.15 1308.15 is prohibited at all times in the workplace
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 10
unless a legal prescription has been written for the substance. This includes, but is
not limited to: marijuana, amphetamines, opioids, phencyclidine (PCP), and cocaine,
as well as any drug not approved for medical use by the U.S. Drug Enforcement
Administration or the U.S. Food and Drug Administration. Illegal use includes use of
any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained
prescription drugs. Also, It is important to note that the medical use of marijuana or
in any circumstances remains completely prohibited for any safety-sensitive
employee subject to drug testing under USDOT regulations. The use of hemp related
products, which cause drug or drug metabolites to be present marijuana in the body
above the minimum thresholds any circumstance (including under state recreational
and/or medical marijuana laws) by a safety-sensitive employee is a violation of this
policy Federal regulations and a violation of the USDOT regulation 49 CFR Part 655
and 382) require that all employees covered under FTA and FMCSA authority be
tested for marijuana, cocaine, amphetamines, opioids , and phencyclidine 40, as
described in Section H of this policy. Employees covered under company authority
will also be tested for these same substances. Illegal use of these five drugs is
prohibited at all times and thus, covered employees may be tested for these drugs
anytime that they are on duty.amended.
c. Alcohol: The use of beverages containing alcohol (including any mouthwash,
medication, food, candy) or any other substances containing alcohol Federal
regulations applicable to FTA and FMCSA covered employees require testing for
marijuana, cocaine, amphetamines, opioids, and phencyclidine in a manner which
violates the conduct listed in this policy is prohibited. A random, reasonable
suspicion, or follow-up alcohol test can only be performed on a covered employee
under accordance with 49 CFR Part 655 or 382 just before, during, or just after 40
and the performance of safety-sensitive job functions. applicable agency regulation.
Employees tested solely under the City of Ridgecrest authority a will also be tested
for these substances using non-DOT alcohol test can be performed any time a
covered employee is on duty.forms and procedures kept separate from DOT testing.
b. b. Legal Drugs: The appropriate use of legally prescribed drugs and non-prescription
medications is not prohibited. However, the use of any substance which carries a
warning label that indicates that mental functioning, motor skills, or judgment may be
adversely affected must be reported to a the City of Ridgecrest supervisor and the
employee is required to provide a written release from his/her doctor or pharmacist
indicating that the employee can perform his/her safety-sensitive functions.
c. 1) Prohibited Alcohol: The use of beverages containing alcohol (including
mouthwash, medication, food, candy) or any other substances addressed by
containing alcohol in a manner which violates the conduct listed in this policy include
the following.is prohibited.
F. PROHIBITED CONDUCT
1) 1) Illegal use of the drugs listed in this policy and as defined in 49 CFR Part 40, as
amended is prohibited at all times. All covered employees are prohibited from reporting
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 11
for duty or remaining on duty any time there is a quantifiable presence of if they have
used a prohibited drug in the body above the minimum thresholds as defined in 49 CFR
Part 40, as amended.
2) Each covered employee is prohibited from consuming alcohol while performing safetysensitive job functions or while on-call to perform safety-sensitive job functions. If an
on-call employee has consumed alcohol, they must acknowledge the use of alcohol at
the time that they are called to report for duty. The covered employee will subsequently
be relieved of his/her on-call responsibilities and subject to discipline for not fulfilling
his/her on-call responsibilities.
3) 3) The employer shall not permit any covered employee to perform or continue to
perform safety-sensitive functions if it has actual knowledge that the employee is using
alcohol
4) Each covered employee is prohibited from reporting to work or remaining on duty
requiring the performance of safety-sensitive functions while having an alcohol
concentration of 0.04 or greater regardless of when the alcohol was consumed.
Formatted: Justified
a. a. An employee with a breath alcohol concentration which measures 0.02-0.039
is not considered to have violated the USDOT-FTA drug and alcohol regulations,
provided the employee hasn’t consumed the alcohol within four (4) hours of
performing a safety-sensitive duty. However, if a safety sensitive safety-sensitive
employee has a breath alcohol concentration of 0.02-0.039, USDOT-FTA
regulations require the employee to be removed from the performance of safetysensitive duties until:i. The employee’s alcohol concentration measures less than
0.02; or ii. The start of the employee’s next regularly scheduled duty period, but
not less than eight hours following administration of the test.
i. The employee’s alcohol concentration measures less than 0.02; or
ii. The start of the employee’s next regularly scheduled duty period, but not
less than eight hours following administration of the test.
5) No covered employee shall consume alcohol for eight (8) hours following involvement
in an accident or until he/she submits to the post-accident drug/alcohol test, whichever
occurs first.
6) No covered employee shall consume alcohol within four (4) hours prior to the
performance of safety-sensitive job functions.
7) City of Ridgecrest, under its own authority, also prohibits the consumption of alcohol at
all times the employee is on duty, or anytime the employee is in uniform.
8) 8) Consistent with the Drug-free Workplace Act of 1988, all the City of Ridgecrest
employees are prohibited from engaging in the unlawful manufacture, distribution,
dispensing, possession, or use of prohibited substances in the work place including
transit system premises and transit vehicles.
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 12
G. DRUG STATUTE CONVICTION
Consistent with the Drug Free Workplace Act of 1998, all employees are required to notify the
City of Ridgecrest management of any criminal drug statute conviction for a violation occurring
in the workplace within five days after such conviction. Failure to comply with this provision
shall result in disciplinary action as defined in Section Q of this policy.
H. TESTING REQUIREMENTS
1) 1) Analytical urine Drug testing and breath alcohol testing for alcohol will be conducted
as required by 49 CFR Part 40 as amended. All employees covered under FTA or
FMCSA FTA/FMCSA authority shall be subject to testing prior to performing safetysensitive duty, for reasonable suspicion, following an accident, and random as defined
in Section K, L, M, and N of this policy, and return to duty/follow-up.All employees
covered under company authority will also be subject to testing for reasonable suspicion,
post-accident, random and return to duty/follow-up using non-DOT testing forms.
3) All Employees covered employees will be solely under City authority are subject to urine
drug reasonable suspicion, post-accident, random, return-to-duty, and follow-up testing under
the City’s independent authority. Such testing will use non-DOT forms and breath alcohol will
not be represented as federally required testing.as a condition of ongoing employment with the
City of Ridgecrest. Any safety-sensitive employee who refuses to comply with a request for
testing shall be removed from duty and subject to discipline as defined in Section Q of this
policy.
2) 2) A drug test can be performed any time a covered employee is on duty. A reasonable
suspicion, random, or follow-up alcohol test can only be performed just before, during,
or after the performance of a safety-sensitive job function.
Under The City of
Ridgecrest authority, a non-USDOT non-DOT alcohol test can be performed any time a
covered employee is on duty.
All covered employees will be subject to drug testing and alcohol testing as a condition of
ongoing employment with City of Ridgecrest. Any safety-sensitive employee who refuses to
comply with a request for testing shall be removed from duty and subject to discipline as defined
in this policy.
I. DRUG TESTING PROCEDURES
1) Testing shall be conducted in a manner to assure a high degree of accuracy and
reliability and using techniques, equipment, and laboratory facilities which have been
approved by the U.S. Department of Health and Human Service (HHS). All testing will
be conducted consistent with the procedures set forth in 49 CFR Part 40, as amended.
The procedures will be performed in a private, confidential manner and every effort will
be made to protect the employee, the integrity of the drug testing procedure, and the
validity of the test result.
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 13
Formatted: Font: 12 pt
Formatted: Justified
2) 2) The drugs that will be tested for include marijuana, cocaine, opioids, amphetamines,
and phencyclidine. After the identity of the donor is checked using picture identification,
a urine and/or oral fluid specimen will be collected using the split specimen collection
method as described in 49 CFR Part 40, as amended. Each specimen will be
accompanied by a DOT Chain of Custody and Control Form and identified using a
unique identification number that attributes the specimen to the correct individual. The
specimen analysis will be conducted at a HHS certified laboratory. An initial drug screen
and validity test will be conducted on the primary urine specimen. For those specimens
that are not negative, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS)
or Liquid Chromatography/Mass Spectrometry (LC/MS) test will be performed. The test
will be considered positive if the amounts of the drug(s) and/or its metabolites identified
by the GC/MS or LC/MS confirmatory test are at or above the minimum thresholds
established in 49 CFR Part 40, as amended.
4) If Oral-fluid testing may be used only when authorized and operationally available
under 49 CFR Part 40, including applicable qualified-collector, approved-device, HHScertified laboratory, and split-specimen requirements. When oral-fluid testing is not
operationally available, the test is invalid without a medical explanation, a retest City will
be conducted under direct observation. Employees do not have access to a test of their
split specimen following use an invalid result.authorized urine collection procedure.
3) 3) The test results from the HHS certified laboratory will be reported to a Medical Review
Officer. A Medical Review Officer (MRO) is a licensed physician with detailed
knowledge of substance abuse disorders and drug testing. The MRO will review the
test results to ensure the scientific validity of the test and to determine whether there is
a legitimate medical explanation for a confirmed positive, substitute, or adulterated test
result. The MRO will attempt to contact the employee to notify the employee of the nonnegative laboratory result, and provide the employee with an opportunity to explain the
confirmed laboratory test result. The MRO will subsequently review the employee’s
medical history/medical records as appropriate to determine whether there is a
legitimate medical explanation for a non-negative laboratory result. If no legitimate
medical explanation is found, the test will be verified positive or refusal to test and
reported to the City of Ridgecrest. If a legitimate explanation is found, the MRO will
report the test result as negative.
4) If the test is invalid without a medical explanation, a retest will be conducted under direct
observation. Employees do not have access to a test of their split specimen following
an invalid result.
5) 5) Any covered employee who questions the results of a required drug test under
paragraphs L through P of this policy may request that the split sample be tested. The
split sample test must be conducted at a second HHS-certified laboratory. The test must
be conducted on the split sample that was provided by the employee at the same time
as the primary sample. The method of collecting, storing, and testing the split sample
will be consistent with the procedures set forth in 49 CFR Part 40, as amended. The
employee's request for a split sample test must be made to the Medical Review Officer
within 72 hours of notice of the original sample verified test result. Requests after 72
hours will only be accepted at the discretion of the MRO if the delay was due to
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 14
Formatted: Font: 12 pt
Formatted: Justified, Indent: Left: 0.5"
documentable facts that were beyond the control of the employee. City of Ridgecrest
will ensure that the cost for the split specimen analysis is covered in order for a timely
analysis of the sample, however City of Ridgecrest will seek reimbursement for the split
sample test from the employee.
6) If the analysis of the split specimen fails to confirm the presence of the drug(s) detected
in the primary specimen, if the split specimen is not able to be analyzed, or if the results
of the split specimen are not scientifically adequate, the MRO will declare the original
test to be canceled.
7) Observed collections
a. a. Consistent with 49 CFR Part 40, as amended, collection under direct
observation (by a person of the same gender) with no advance notice will occur
if:
i. i. The laboratory reports to the MRO that a specimen is invalid, and the
MRO reports to the City of Ridgecrest that there was not an adequate
medical explanation for the result;
ii. ii. The MRO reports to the City of Ridgecrest that the original positive,
adulterated, or substituted test result had to be cancelled because the test
of the split specimen could not be performed;
iii. iii. The laboratory reported to the MRO that the urine specimen was
negative-dilute with a creatinine concentration greater than or equal to 2
mg/dL but less than or equal to 5 mg/dL, and the MRO reported the urine
specimen to you as negative-dilute and that a second collection must take
place under direct observation (see §40.197(b)(1)).
Formatted: Justified
iv. The collector observes materials brought to the collection site or the
employee's conduct clearly indicates an attempt to tamper with a
specimen;
v. v. The temperature on the original urine specimen was out of range (See
§40.65(b)(5));
vi. vi. Anytime the employee is directed to provide another specimen because
the original specimen appeared to have been tampered with (See
§40.65(c)(1)).
vii. All follow-up-tests; or
viii. All return-to-duty tests
Formatted: Justified
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 15
iv. The collector observes materials brought Urine collections that are required to the
collection site or the employee's conduct clearly indicates an attempt to tamper with a
specimen;be directly observed will be conducted as required by 49 CFR Part 40.67.
J. ALCOHOL TESTING PROCEDURES
1) 1) Tests for breath alcohol concentration will be conducted utilizing a National Highway
Traffic Safety Administration (NHTSA)-approved Evidential Breath Testing device (EBT)
operated by a trained Breath Alcohol Technician (BAT). A list of approved EBTs can be
found on ODAPC’s Web page for “Approved Evidential Breath Measurement Devices”.
Alcohol screening tests may be performed using a non-evidential testing device (alcohol
screening device (ASD)) which is also approved by NHSTA. NHTSA. A list of approved
ASDs can be found on ODAPC’s Web page for “Approved Screening Devices to
Measure Alcohol in Bodily Fluids”. If the initial test indicates an alcohol concentration of
0.02 or greater, a second test will be performed to confirm the results of the initial test.
The confirmatory test must occur on an EBT. The confirmatory test will be conducted
no sooner than fifteen minutes after the completion of the initial test. The confirmatory
test will be performed using a NHTSA-approved EBT operated by a trained BAT. The
EBT will identify each test by a unique sequential identification number. This number,
time, and unit identifier will be provided on each EBT printout. The EBT printout, along
with an approved alcohol testing form, will be used to document the test, the subsequent
results, and to attribute the test to the correct employee. The test will be performed in a
private, confidential manner as required by 49 CFR Part 40, as amended. The
procedure will be followed as prescribed to protect the employee and to maintain the
integrity of the alcohol testing procedures and validity of the test result.
2) 2) An employee who has A confirmed alcohol concentration of 0.04 or greater will be
considered a positive alcohol test and in a violation of this policy. The consequences of
a positive alcohol test are described in Section Q. of this policy. Even though An
employee who has a confirmed with an alcohol concentration of 0.02 to through 0.039
is not considered positive, the employee shall still must be removed from duty for at
least twenty-four hours and will be subject to DOT safety-sensitive functions until the
consequences described in Section Q of this policy. An employee's alcohol
concentration of measures less than 0.02 will be considered a negative or until the start
of the employee's next regularly scheduled duty period, but not less than eight hours
following administration of the test. The City may apply additional non-DOT employment
rules or consequences under its own authority when legally permissible and separately
documented.
3) City of Ridgecrest affirms the need to protect individual dignity, privacy, and
confidentiality throughout the testing process. If at any time the integrity of the testing
procedures or the validity of the test results is compromised, the test will be canceled.
Minor inconsistencies or procedural flaws that do not impact the test result will not result
in a cancelled test.
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 16
4) 4) The alcohol testing form (ATF) required by 49 CFR Part 40 as amended, shall be
used for all FTA FTA/FMCSA required testing. Failure of an employee to sign step 2 of
the ATF will be considered a refusal to submit to testing.
K. PRE-EMPLOYMENT TESTING
1) 1) All applicants for covered FTA transit positions shall undergo urine drug testing prior
to performance of a safety-sensitive function.
a. All offers of employment for covered positions shall be extended conditional upon
the applicant passing a drug test. An applicant will not be allowed to perform
safety-sensitive functions unless the applicant takes a drug test with verified
negative results.
b. b. An employee shall not be placed, transferred or promoted into a position
covered under FTA FTA/FMCSA authority or company authority until the
employee takes a drug test with verified negative results.
c. c. If an applicant fails a preemployment drug test, the conditional offer of
employment shall be rescinded and the applicant will be referred to provided with
a list of at least two (2) USDOT qualified Substance Abuse Professional.
Professionals. Failure of a pre-employment drug test will disqualify an applicant
for employment for a period of at least one year. Before being considered for
future employment the applicant must provide the employer proof of having
successfully completed a referral, evaluation and treatment plan as described in
section 655.62 of subpart G. The cost for the assessment and any subsequent
treatment will be the sole responsibility of the applicant.
d. d. When an employee being placed, transferred, or promoted from a non-covered
position to a position covered under FTA FTA/FMCSA authority or company
authority submits a drug test with a verified positive result, the employee shall be
subject to disciplinary action in accordance with Section Q herein.this policy.
e. e. If a pre-employment test is canceled, the City of Ridgecrest will require the
applicant to take and pass another pre-employment drug test.
f. f. In instances where a FTA an FTA/FMCSA covered employee does not perform
a safety-sensitive function for a period of 90 consecutive days or more regardless
of reason, and during that period is not in the random testing pool the employee
will be required to take a pre-employment drug test under 49 CFR Part 655 and
have negative test results prior to the conduct of safety-sensitive job functions.
g. Following a negative dilute the employee will be required to undergo another test.
Should this second test result in a negative dilute result, the test will be
considered a negative and no additional testing will be required unless directed
to do so by the MRO.
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 17
h. 3) Applicants are required (even if ultimately not hired) to provide The City of
Ridgecrest with signed written releases requesting USDOT drug and alcohol
records from all previous, USDOT-covered, employers that the applicant has
worked for within the last two years. Failure to do so will result in the employment
offer being rescinded. The City of Ridgecrest is required to ask all applicants
(even if ultimately not hired) if they have tested positive or refused to test on a
pre-employment test for a DOT USDOT covered employer within the last two
years. If the applicant has tested positive or refused to test on a pre-employment
test for a DOT USDOT covered employer, the applicant must provide the City of
Ridgecrest proof of having successfully completed a referral, evaluation and
treatment plan as described in 49 CFR Part 40, section 655.62 of subpart O.G.
Formatted: List Paragraph, Left, No bullets or numbering
h.
2) All applicants for covered FMCSA positions (that will solely perform Pre-Employment
Testing: Before a driver first performs FMCSA safety-sensitive functions, shall undergo urine
drug testing prior to performance of the driver must have a safety-sensitive function.verified
negative controlled-substances test unless the City documents and uses the exception in 49
CFR 382.301(b).
c. The exception may be used only if the City of Ridgecrest exercises driver participated in a
compliant controlled-substances testing program within the exception in paragraph (b) of this
section, previous 30 days and, while participating, either was tested within the City of
Ridgecrest will contact the controlled substances testing program(s) in which the applicant
participates or participated and shall obtain and retain from the testing program(s) the following
information: i. Name(s) and address(es) of the program(s).ii. Verification that the driver
participates previous six months or participated in the program(s). iii. Verification that random
testing program for the program(s) conforms to 49 CFR Part 40.previous 12 months.
Formatted: Font: 12 pt
Formatted: Justified
Formatted: Font: 12 pt
Before using the exception, the City must ensure that no known prior employer has a record of
a DOT drug or alcohol violation within the previous six months and must obtain and retain the
program name and address, participation verification, Part 40 compliance verification, driver
qualification/refusal status, date of last test, and results of tests and other violations during the
previous six months, as required by 49 CFR 382.301(c).
Formatted: Justified
Part 655 If the required participation and have records cannot be verified, the City must conduct
a pre-employment controlled-substances test and receive a verified negative test results prior
to result before the conduct of safety sensitive job driver performs safety-sensitive functions.
Formatted: Font: 12 pt
L. REASONABLE SUSPICION TESTING
1) 1) All the City of Ridgecrest FTA FTA/FMCSA covered employees will be subject to a
reasonable suspicion drug and/or alcohol test when the employer has reasonable
suspicion to believe that the covered employee has used a prohibited drug and/or
engaged in alcohol misuse. Reasonable suspicion shall mean that there is objective
evidence, based upon specific, contemporaneous, articulable observations of the
employee's appearance, behavior, speech or body odor that are consistent with possible
drug use and/or alcohol misuse. Reasonable suspicion referrals must be made by one
or more supervisors who are trained to detect the signs and symptoms of drug and
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 18
Formatted: Justified
alcohol use, and who reasonably concludes that an employee may be adversely
affected or impaired in his/her work performance due to possible prohibited substance
abuse or alcohol misuse. A reasonable suspicion alcohol test can only be conducted
just before, during, or just after the performance of a safety-sensitive job function.
However, under the City of Ridgecrest’s Ridgecrest’ authority, a non-DOT reasonable
suspicion alcohol test may be performed any time the covered employee is on duty. A
reasonable suspicion drug test can be performed any time the covered employee is on
duty. All employees covered under the sole authority of the City of Ridgecrest will also
be subject to non-USDOT reasonable suspicion testing procedures modeled off the
provisions in 49 CFR Part 40.
3) Employees covered solely under City authority are also subject to non-DOT reasonablesuspicion testing under City procedures modeled on 49 CFR Part 40. A written record of Cityauthority alcohol test may be performed at any time the observations which led to employee is
on duty, provided it is identified and administered as a drug/alcohol non-DOT test.based on
reasonable suspicion shall be prepared and signed by the supervisor making the observation.
This written record shall be submitted to the City of Ridgecrest.
Formatted: Font: 12 pt
Formatted: Justified
2) 2) The City of Ridgecrest shall be responsible for transporting the employee to the
testing site. Supervisors should avoid placing themselves and/or others into a situation
which might endanger the physical safety of those present. The employee shall be
placed on administrative leave pending disciplinary action described in Section Q of this
policy. An employee who refuses an instruction to submit to a drug/alcohol test shall
not be permitted to finish his or her shift and shall immediately be placed on
administrative leave pending disciplinary action as specified in Section Q of this policy.
3) A written record of the observations which led to a drug/alcohol test based on reasonable
suspicion shall be prepared and signed by the supervisor making the observation. This
written record shall be submitted to the City of Ridgecrest
4) 4) When there are no specific, contemporaneous, articulable objective facts that indicate
current drug or alcohol use, but the employee (who is not already a participant in a
treatment program) admits the abuse of alcohol or other substances to a supervisor in
his/her chain of command, the employee shall be referred for assessment and treatment
consistent with Section Q of this policy. The City of Ridgecrest shall place the employee
on administrative leave in accordance with the provisions set forth under Section Q of
this policy. Testing in this circumstance would be performed under the direct authority
of the City of Ridgecrest. Since the employee self-referred to management, testing
under this circumstance would not be considered a violation of this policy or a positive
test result under Federal authority. However, self-referral does not exempt the covered
employee from testing under Federal authority as specified in Sections L through N of
this policy or the associated consequences. as specified in Section Q.
M. POST-ACCIDENT TESTING
2) FTA Fatal Accident - All FTA covered employees involved in Accidents: As soon as
practicable following an accident with a transit vehicle regardless involving the loss of whether
or not human life, the vehicle is in revenue service that results in a fatality City will be tested,
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 19
Formatted: Font: 12 pt
including all test each surviving covered employees that are FTA-covered employee operating
the public transportation vehicle at the time of the accident and any other covered employee
whose performance could have contributed to the accident, as determined by the employer
using the best information available at the time of the decision.
Formatted: Font: 12 pt
4) FTA Nonfatal Accident - Accidents: The City will test the FTA-covered operator when a FTA
post-accident test of public transportation vehicle is involved in an occurrence resulting in
immediate medical treatment away from the scene or disabling damage requiring a vehicle to
be transported away, unless the operator will be conducted if an accident results in injuries
requiring immediate transportation to a medical treatment facility; or one or more vehicles
incurs disabling damage, unless the operator’s performance can be completely discounted as
a contributing factor. to the accident. In addition, any Other covered employee employees
whose performance could have contributed to the accident, as determined by the employer
using the best information available at the time of the decision, will also be tested.
3) FMCSA Fatal Accident - All FMCSA covered drivers Accidents: The City will test each
surviving FMCSA-covered driver who were was performing safety-sensitive functions with
respect to the vehicle involved in a accident with a commercial motor vehicle operating on a
public road involved in commerce that results an accident resulting in a fatality.will be tested.
Formatted: Justified
Formatted: Font: 12 pt
5) FMCSA Nonfatal Accident - A Accidents: The City will conduct an FMCSA post-accident
alcohol test will be conducted on all drivers who were performing safety-sensitive functions with
respect to when the commercial motor vehicle who receive driver receives a moving-violation
citation within 8 eight hours of the occurrence under State or local law for a moving traffic
violation arising from the accident, if and the accident involved bodily injuries requiring
immediate medical treatment away from the scene or one or more vehicles incurs disabling
damage requiring towing. The City will conduct an FMCSA controlled-substances test when
such a citation is received within thirty-two hours and the same injury or disabling-damage
criterion is met.
7) The appropriate supervisor shall ensure that an employee, required to Testing Time Limits:
Alcohol testing must be tested under this section, is tested attempted as soon as practicable.
but no longer than eight (8) hours of the accident for alcohol, and no longer than 32 hours for
drugs. If an alcohol test is not performed administered within two hours, of the accident, the
Supervisor City will document the reason(s) for the delay. If the alcohol test is not conducted
within (8) reason; after eight hours, or the drug test within 32 hours, attempts to conduct the
test must will cease and the reasons for reason will be documented. Controlled-substances
testing must be completed within thirty-two hours; after that time, attempts will cease and the
failure to test reason will be documented.
Formatted: Justified
Formatted: Font: 12 pt
b. An Availability and Medical Care: A covered employee who is subject to post-accident testing
who fails to must remain readily available for such testing, including notifying a supervisor of
his or her location if he or she leaves and notify the scene City of the accident prior to
submission to such test, may employee’s location. Necessary medical care and emergency
assistance will not be deemed to have refused to submit to testing.delayed.
Formatted: Justified
Formatted: Font: 12 pt
d. In the rare event that the City-Authority Accidents: Employees tested solely under City of
Ridgecrest is unable authority may be subject to perform an FTA/FMCSA drug non-DOT postaccident testing under City rules. Such tests must use non-DOT forms and alcohol remain
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 20
Formatted: Justified
separate from any federally required test.(i.e., employee is unconscious, employee is detained
by law enforcement agency), the City of Ridgecrest may use drug and alcohol post-accident
test results administered by local law enforcement officials in lieu of the FTA/FMCSA test. The
local law enforcement officials must have independent authority for the test and the employer
must obtain the results in conformance with local law.
Formatted: Font: 12 pt
Law-Enforcement Results: When the City cannot perform a Any covered required test because
the employee involved in an accident must refrain from alcohol use for eight (8) hours following
is unconscious, detained, or otherwise unavailable, qualifying test results obtained by Federal,
State, or local officials may be used only to the accident, extent permitted by the applicable
FTA or until he/she undergoes a post-accident alcohol test.FMCSA regulation.
Formatted: Justified
N. RANDOM TESTING
1) 1) All covered employees will be subjected to random, unannounced testing. The
selection of employees shall be made by a scientifically valid method of randomly
generating an employee identifier from the appropriate pool of safety-sensitive
employees. Employees Individuals who may be covered under company authority will
be selected from a pool of non-DOT-covered employees.individuals.
2) The dates for administering unannounced testing of randomly selected employees shall
be spread reasonably throughout the calendar year, day of the week and hours of the
day.
3) 3) The number of employees randomly selected for drug/alcohol testing during the each
calendar year shall be not less than meet or exceed the percentage applicable minimum
annual random testing rates established by the relevant DOT agency. FTA and FMCSA
covered employees shall be maintained in appropriate DOT-compliant pools, and
employees tested solely under City authority shall be maintained in a separate non-DOT
pool. Current federal regulations for those safety-sensitive employees subject to random
testing by Federal regulations.rates shall be verified annually.
Formatted: Justified
4) Each covered employee shall be in a pool from which the random selection is made.
Each covered employee in the pool shall have an equal chance of selection each time
the selections are made. Employees will remain in the pool and subject to selection,
whether or not the employee has been previously tested. There is no discretion on the
part of management in the selection.
5) 5) Covered transit employees that fall under the USDOT Federal Transit Administration
regulations will be included in one random pool maintained separately from the testing
pool of nonsafety sensitive non-safety-sensitive employees that are included solely
under the City of Ridgecrest authority.
6) 6) Random tests can be conducted at any time during an employee’s shift for drug
testing. Alcohol random tests can only be performed just before, during, or just after the
performance of a safety sensitive duty. However, under the City of Ridgecrest’s
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 21
Ridgecrest’ authority, a non-DOT random alcohol test may be performed any time the
covered employee is on duty. Testing can occur during the beginning, middle, or end of
an employee’s shift.
7) Employees are required to proceed immediately to the collection site upon notification
of their random selection.
O. RETURN-TO-DUTY TESTING
The City of Ridgecrest will terminate the employment of any employee that tests positive or
refuses a test as specified in section Q of this policy. However, in the rare event an employee
is reinstated with court order or other action beyond the control of the transit system, the
employee must complete the return-to-duty process prior to the performance of safety-sensitive
functions. All covered employees who previously tested positive on a drug or alcohol test or
refused a test, must test negative for drugs, alcohol (below 0.02 for alcohol), or both and be
evaluated and released by the Substance Abuse Professional before returning to work.
Following the initial assessment, the SAP will recommend a course of rehabilitation unique to
the individual. The SAP will recommend the return-to-duty test only when the employee has
successfully completed the treatment requirement and is known to be drug and alcohol-free
and there are no undo undue concerns for public safety. The SAP will determine whether the
employee returning to duty will require a return-to-duty drug test, alcohol test, or both.
P. FOLLOW-UP TESTING
Covered employees that have returned to duty following a positive or refused test will be
required to undergo frequent, unannounced drug and/or alcohol testing following their returnto-duty test. The follow-up testing will be performed for a period of one to five years with a
minimum of six tests to be performed the first year. The frequency and duration of the followup tests (beyond the minimums) will be determined by the SAP reflecting the SAP’s
assessment of the employee’s unique situation and recovery progress. Follow-up testing
should be frequent enough to deter and/or detect a relapse. Follow-up testing is separate and
in addition to the random, post-accident, reasonable suspicion and return-to-duty testing.
In the instance of a self-referral or a management referral, the employee will be subject to nonUSDOT follow-up tests and follow-up testing plans modeled using the process described in 49
CFR Part 40. However, all non-USDOT follow-up tests and all paperwork associated with an
employee’s return-to-work agreement that was not precipitated by a positive test result (or
refusal to test) does not constitute a violation of the Federal regulations will be conducted under
company authority and will be performed using non-DOT testing forms.
Q. RESULT OF DRUG/ALCOHOL TEST
1) 1) Any covered employee that has a verified positive drug or alcohol test, or test refusal,
will be immediately removed from his/her safety-sensitive position, informed of
educational and rehabilitation programs available, referred to and will be provided with
a list of at least two (2) USDOT qualified Substance Abuse Professionals (SAPs) (SAP)
for assessment, and will be terminated.
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 22
2) Following a negative dilute the employee will be required to undergo another test.
Should this second test result in a negative dilute result, the test will be considered a
negative and no additional testing will be required unless directed to do so by the MRO.
3) 3) Refusal to submit to a drug/alcohol test shall be considered equivalent to a positive
test result and a direct act of insubordination and shall result in termination and referral
to a list of USDOT qualified SAPs. A test refusal is defined as any of the following
circumstances:
a. A test refusal includes the following circumstances: a. Fails Fail to appear for any
test (excluding (except a pre-employment test) within a reasonable time, as
determined by the employer.after being directed to do so by the employer b. Fails
to remain at the testing site until the testing process is complete. An employee
who leaves the testing site before the testing process commences for a preemployment test has not refused to test.
b. Fail to remain at the collection site until the testing process is complete. An
employee who leaves the testing site before the testing process commences for
a Mandatory referral for an assessment by an employer approved counseling
professional for assessment, formulation of a treatment plan, and execution of a
return pre-employment test has not refused to work agreement;test.
c. 7) Failure of Fail to attempt to provide a specimen. An employee to report within
five days who does not provide a criminal drug statute conviction specimen
because he or she has left the testing site before the testing process commenced
for a violation occurring in the workplace shall result in termination.preemployment test has not refused to test.
d. 6) The cost of any treatment or rehabilitation services will be paid directly by the
employee or their insurance provider. The employee will be permitted to take
accrued sick leave or administrative leave to participate In the prescribed
treatment program. If the employee has insufficient accrued leave, the employee
shall be placed on leave without pay until the employee has successfully
completed the required treatment program and has been released case of a
directly-observed or monitored urine collection in a drug test, fail to return-to-duty.
Any leave taken, either paid permit monitoring or unpaid, shall be considered
leave taken under the Family and Medical Leave Act.observation of your
provision of a specimen.
e. Fail to provide a sufficient quantity of specimen without a valid medical
explanation.
f. 2) Following a negative dilute the employee will be required Fail or decline to
undergo another take an additional test Should this second test result in a
negative dilute result, the test will be considered a negative and no additional
testing will be required unless as directed to do so by the MRO.collector or the
employer for drug testing.
g. Fail to undergo a medical evaluation as required by the MRO or the employer's
Designated Employer Representative (DER).
h. Fail to cooperate with any part of the testing process.
i. Fail to follow an observer's instructions to raise and lower clothing and turn
around during a directly-observed urine collection.
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 23
j.
Possess or wear a prosthetic or other device used to tamper with the collection
process.
k. Admit to the adulteration or substitution of a specimen to the collector or MRO.
l. Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF).
m. Fail to remain readily available following an accident.
n. As a covered employee, if the MRO reports that you have a verified adulterated
or substituted test result, you have refused to take a drug test.
4) For an FTA-covered employee with an alcohol concentration of 0.02 through 0.039, the
employee may not perform FTA safety-sensitive functions until the concentration is
below 0.02 or until the start of the employee’s next regularly scheduled duty period, but
not less than eight hours after the test. For an FMCSA-covered driver with an alcohol
concentration of 0.02 through 0.039, the driver may not perform FMCSA safety-sensitive
functions for 24 hours, as required by 49 CFR 382.505. Any additional City-authority test
or employment consequence must be identified and administered separately as nonDOT action.
5) In the instance of a self-referral or a management referral, disciplinary action against the
employee shall include:
a. Mandatory referral for an assessment by an employer approved counseling
professional for assessment, formulation of a treatment plan, and execution of a
return-to-work agreement;
b. Failure to execute, or remain compliant with the return-to-work agreement shall
result in termination from City of Ridgecrest _employment.
i. b. Failure to execute, or remain compliant with the return-to-work
agreement shall result in termination from the City of Ridgecrest
_employment. i. Compliance with the return-to-work agreement means
that the employee has submitted to a drug/alcohol test immediately prior
to returning to work; the result of that test is negative; the employee is
cooperating with his/her recommended treatment program; and, the
employee has agreed to periodic unannounced follow-up testing as
described in Section P of this policy; however, all follow-up testing
conducted performed as part of a return-to-work agreement required by
Section Q of under this policy is under the sole authority of the City of
Ridgecrest and will be performed using non-DOT testing forms.c. Refusal
to submit to a periodic unannounced follow-up drug/alcohol test shall be
considered a direct act of insubordination and shall result in termination.
All tests conducted as part of the return to work agreement will be
conducted under company authority and will be performed using non-DOT
testing forms. d. A self-referral or management referral to the employer's
approved counseling professional that was not precipitated by a positive
test result does not constitute a violation of the Federal regulations and
will not be considered as a positive test result in relation to the progressive
discipline defined in Section Q of this policy. e. Periodic unannounced
follow-up drug/alcohol test conducted as a result of a self-referral or
management referral which results in a verified positive shall be
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 24
considered a positive test result in relation to the progressive discipline
defined in Section Q of this policy. f. A Voluntary Referral does not shield
an employee from disciplinary action or guarantee employment with the
City of Ridgecrest. g. A Voluntary Referral does not shield an employee
from the requirement to comply with drug and alcohol testing.
c. Refusal to submit to a periodic unannounced follow-up drug/alcohol test shall be
considered a direct act of insubordination and shall result in termination. All tests
conducted as part of the return-to-work agreement will be conducted under
company authority and will be performed using non-DOT testing forms.
d. A self-referral or management referral to the employer's counseling
professional that was not precipitated by a positive test result does not
constitute a violation of the Federal regulations and will not be considered
as a positive test result in relation to the progressive discipline defined in
this policy.
e. 4) An alcohol test result of ‡0.02 to £ 0.039 BAC shall result in the removal of the
employee from duty for twenty-four hours. The employee will not be allowed to
return to safety-sensitive duty for his/her next shift until he/she submits to an
alcohol test with Periodic unannounced follow-up drug/alcohol testing conducted
as a result of less than 0.02 BAC. 5) In the instance of a self-referral or a
management referral disciplinary action against which results in a verified positive
shall be considered a positive test result in relation to the employee shall
include:progressive discipline defined in this policy.
f. A Voluntary Referral does not shield an employee from disciplinary action or
guarantee employment with City of Ridgecrest.
g. A Voluntary Referral does not shield an employee from the requirement to comply
with drug and alcohol testing.
6) Failure of an employee to report within five days a criminal drug statute conviction for a
violation occurring in the workplace shall result in termination.
6)
The cost of treatment or rehabilitation services will be paid by the employee or the employee’s
insurance provider, subject to applicable benefit plans, collective bargaining agreements, and
law.
Formatted: Font: 12 pt
An employee may request available accrued leave or other approved leave to participate in a
prescribed treatment program. If accrued leave is insufficient, unpaid leave may be considered
in accordance with City policy, collective bargaining obligations, and applicable law.
Leave associated with treatment will be designated under the FMLA, CFRA, or other applicable
leave law only when the employee is eligible and the leave qualifies under that law.
Formatted: Font: 12 pt
R. GRIEVANCE AND APPEAL
The consequences specified by 49 CFR Part 40.149 (c) for a positive test or test refusal is not
subject to arbitration.
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 25
Formatted: Justified
Formatted: Justified
S. PROPER APPLICATION OF THE POLICY
City of Ridgecrest is dedicated to assuring fair and equitable application of this substance
abuse policy. Therefore, supervisors/managers are required to use and apply all aspects of
this policy in an unbiased and impartial manner. Any supervisor/manager who knowingly
disregards the requirements of this policy, or who is found to deliberately misuse the policy in
regard to subordinates, shall be subject to disciplinary action, up to and including termination.
T. INFORMATION DISCLOSURE
1) Drug/alcohol testing records shall be maintained by the City of Ridgecrest Drug and
Alcohol Program Manager and, except as provided below or by law, the results of any
drug/alcohol test shall not be disclosed without express written consent of the tested
employee.
2) The employee, upon written request, is entitled to obtain copies of any records pertaining
to their use of prohibited drugs or misuse of alcohol including any drug or alcohol testing
records. Covered employees have the right to gain access to any pertinent records
such as equipment calibration records, and records of laboratory certifications.
Employees may not have access to SAP follow-up testing plans.
3) Records of a verified positive drug/alcohol test result shall be released to the Drug and
Alcohol Program Manager, and other transit system management personnel on a needto-know basis.
4) Records will be released to a subsequent employer only upon receipt of a written request
from the employee.
5) Records of an employee's drug/alcohol tests shall be released to the adjudicator in a
grievance, lawsuit, or other proceeding initiated by or on behalf of the tested individual
arising from the results of the drug/alcohol test. The records will be released to the
decision maker in the proceeding.
6) Records will be released to the National Transportation Safety Board during an accident
investigation.
7) Information will be released in a criminal or civil action resulting from an employee’s
performance of safety-sensitive duties, in which a court of competent jurisdiction
determines that the drug or alcohol test information is relevant to the case and issues
an order to the employer to release the information. The employer will release the
information to the decision maker in the proceeding with a binding stipulation that it will
only be released to parties of the proceeding.
8) Records will be released to the DOT or any DOT agency with regulatory authority over
the employer or any of its employees.
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 26
9) 9) Records will be released if requested by a Federal, state or local safety agency with
regulatory authority over the City of Ridgecrest or the employee.
10) If a party seeks a court order to release a specimen or part of a specimen contrary to
any provision of Part 40 as amended, necessary legal steps to contest the issuance of
the order will be taken
11) 11) I n In cases of a contractor or sub-recipient of a state department of transportation,
records will be released when requested by such agencies that must certify compliance
with the regulation to the FTA/FMCSA.
This Policy was originally adopted by the City Council of the City of Ridgecrest on March 2,
2016, revised July 16, 2025, and presented as a draft current-DOT update in JulyAugust 2026.
Final adoption date: __________________.
Formatted: Justified
Travis Endicott, Mayor
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 27
8) Records will ADMINISTRATIVE IMPLEMENTATION NOTE: DOT and non-DOT tests
must be released to the DOT or any DOT agency with regulatory authority over the
employer or any of its employees.clearly identified and administered separately. FTA,
FMCSA, and City-authority requirements must not be combined in a manner that
applies a City-only testing rule as though it were a federal requirement.
Attachment A
Job Title
___________
Dispatchers
Mechanics
Transit Administrator/Dispatcher
Transit Drivers
Transit Operations Supervisor
Transit Drivers, Relief Dispatcher
Transit Supervisor
Testing Authority (FTA)
Federal Transit Administration
Federal Transit Administration
Federal Transit Administration
Federal Transit Administration
Federal Transit Administration
Federal Transit Administration
Federal Transit Administration
Formatted: Font: 12 pt
Formatted: Right
Formatted: Font: 12 pt
Job Title
Testing Authority (FMCSA)
Chief Plant Operator
*Equipment Operator
*Maintenance Worker I
*Maintenance Worker II
*Maintenance Worker III
Mechanic
Streets Foreman
Streets Supervisor
*Waste Water Foreman
*Waste Water Operator I
*Waste Water Operator II
*Waste Water Operator III
*Waste Water Operator Trainee
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
*Those with a valid Commercial License
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 28
Formatted: Right
Attachment B Contacts
Any questions regarding this policy or any other aspect of the substance abuse policy should
be directed to the following individual(s).
The City of Ridgecrest Drug and Alcohol Program Manager
Name: Patricia Rockwell
Title: Human Resources Administrator
Address: 100 W. California Ave.,Ridgecrest CA 93555
Telephone Number: 760.499.5024
The City of Ridgecrest Drug and Alcohol Program Manager- Alternate
Name: Marrissa Weathers
Title: Human Resources Administrator
Address: 100 W. California Ave.,Ridgecrest CA 93555
Telephone Number: 760.499.5023
Medical Review Officer
Name: Dr. John Womack
Travis Endicott, MayorTitle: MD
Address: 9501 Northfield Blvd., Denver CO 80238
Medical Review Officer Name: Dr. John Womack Title: MD Address: 9501 Northfield Blvd.,
Denver CO 80238 Telephone Number: 9190.489.9588919.489.9588
Substance Abuse Professional Name: Tia Brisco Title: PsyD, LMFT, SAP Address: 1543 E.
Palmdale Blvd. Palmdale, CA 93550 Telephone Number: 725.306.3724#1
Name: Tia Brisco
Title: PsyD, LMFT, SAP
Address: 1543 E. Palmdale Blvd. Palmdale, CA 93550
Telephone Number: 725.306.3724
Attachment B ContactsSubstance Abuse Professional #2
Attachment AName: Lytara Garcia
Title: SAP
HHS Certified Laboratory Primary Specimen Name: Med Tox Labs. Inc. Address: 402 W.
County Rd D, St. Paul MN 55112 Telephone Number: (800)-832-32442315 E Palmdale Blvd
Ste E B37, Palmdale, CA 93550
March 2, 2016 and updated on July 16, 2025Telephone Number:661.494.6155
HHS Certified Laboratory Primary Specimen
Name: Med Tox Labs. Inc.
Address: 402 W. County Rd D, St. Paul MN 55112
Telephone Number: 800.832.3244
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 29
HHS Certified Laboratory Split Specimen
Name: CRL (Clinical Referral Lab)
The City of Ridgecrest Drug and Alcohol Program Manager Name: Patricia Rockwell Title:
Human Resources Administrator Address: 100 11711 W. California Ave.,Ridgecrest CA 93555
Telephone Number: 760.499.502483rd Terrace, Lenexa, Ks. 66150
Telephone Number: 800.452.5677
Drug and Alcohol Testing Policy (Zero Tolerance – v.088200526.1)
Page 30
Clean version
ZERO TOLERANCE DRUG AND ALCOHOL TESTING POLICY
City of Ridgecrest
Revised July 16, 2025 | updated through current 49 CFR Parts 40, 382, and 655 provisions – August 2026
A. PURPOSE
1) The City of Ridgecrest provides public transit and paratransit services for City residents,
the residents of Johannesburg/Randsburg, and surrounding County areas pursuant to
contract with the County. Part of our mission is to ensure that this service is delivered
safely, efficiently, and effectively by establishing a drug- and alcohol-free work
environment, and to ensure that the workplace remains free from the effects of drugs
and alcohol in order to promote the health and safety of employees and the general
public. In keeping with this mission, the City of Ridgecrest declares that the unlawful
manufacture, distribution, dispensing, possession, or use of controlled substances or
misuse of alcohol is prohibited for all employees.
2) Additionally, the purpose of this policy is to establish guidelines to maintain a drug and
alcohol-free workplace in compliance with the Drug-Free Workplace Act of 1988, and
the Omnibus Transportation Employee Testing Act of 1991. Covered employees shall
abide by the terms of this policy statement as a condition of employment. This policy is
intended to comply with all applicable Federal regulations governing workplace anti-drug
and alcohol programs in the transit industry. Specifically, the Federal Transit
Administration (FTA) of the U.S. Department of Transportation has published 49 CFR
Part 655, as amended, that mandates drug and alcohol testing for safety-sensitive
positions, and prohibits performance of safety-sensitive functions when there is a
positive test result, or a refusal to test. The U. S. Department of Transportation (USDOT)
has also published 49 CFR Part 40, as amended, that sets standards for the collection
and testing of specimens for drug and alcohol testing.
3) Any provisions set forth in this policy that are included under the sole authority of City of
Ridgecrest and are not provided under the authority of the above-named Federal
regulations are underlined. Tests conducted under the sole authority of City of
Ridgecrest will be performed on non-USDOT forms and will be separate from USDOT
testing in all respects.
B. APPLICABILITY
For FMCSA-covered employees, this policy applies to persons subject to 49 CFR Part 382,
including drivers who operate commercial motor vehicles in commerce. FMCSA-covered
employees are subject to the FMCSA-specific safety-sensitive function, accident, testing, and
record requirements applicable to their positions.
This Drug and Alcohol Testing Policy applies to all safety-sensitive employees (full- or parttime) when performing safety-sensitive duties under Federal Transit Administration (FTA) or
Federal Motor Carrier Safety Administration (FMCSA) authority. City of Ridgecrest employees
who do not perform federally defined safety-sensitive functions may also be covered and tested
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 1
under the sole authority of the City of Ridgecrest, as identified in Attachment A. Testing
conducted solely under City authority will use non-DOT forms and will remain separate from
DOT testing in all respects.
A safety-sensitive function is operation of public transit service including the operation of a
revenue service vehicle (whether or not the vehicle is in revenue service), maintenance of a
revenue service vehicle or equipment used in revenue service, security personnel who carry
firearms, persons controlling the dispatch or movement of revenue service vehicles and any
transit employee who operates a non-revenue service vehicle that requires a Commercial
Driver’s License to operate. Maintenance functions include the repair, overhaul, and rebuild of
engines, vehicles and/or equipment used in revenue service. A list of safety-sensitive positions
who perform one or more of the above-mentioned duties is provided in Attachment A.
Supervisors are only safety sensitive if they perform one of the above functions. Volunteers
are considered safety sensitive and subject to testing if they are required to hold a CDL, or
receive remuneration for service in excess of actual expense.
C. DEFINITIONS
Accident: An occurrence associated with the operation of a vehicle even when not in revenue
service, if as a result:
FTA Accident: An occurrence associated with the operation of a public transportation vehicle,
whether or not in revenue service, that results in a fatality, bodily injury requiring immediate
medical treatment away from the scene, or disabling damage requiring a vehicle to be
transported away from the scene, as further provided in 49 CFR 655.44.
FMCSA Accident: An occurrence involving a commercial motor vehicle operating on a public
road in commerce that results in: (a) a loss of human life; or (b) bodily injury requiring immediate
medical treatment away from the scene and the driver receives a citation within eight hours for
a moving violation arising from the accident; or (c) disabling damage requiring a vehicle to be
transported from the scene and the driver receives a citation within eight hours for a moving
violation arising from the accident. For controlled substance testing under 49 CFR 382.303, the
applicable citation window is thirty-two hours.
a. An individual dies;
b. An individual suffers a bodily injury and immediately receives medical treatment
away from the scene of the accident; or,
c. One or more vehicles incur disabling damage as the result of the occurrence and
is transported away from the scene by a tow truck or other vehicle. For purposes
of this definition, disabling damage means damage which precludes departure of
any vehicle from the scene of the occurrence in its usual manner in daylight after
simple repairs. Disabling damage includes damage to vehicles that could have
been operated but would have been further damaged if so operated, but does not
include damage which can be remedied temporarily at the scene of the
occurrence without special tools or parts, tire disablement without other damage
even if no spare tire is available, or damage to headlights, taillights, turn signals,
horn, or windshield wipers that makes them inoperative.
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 2
Adulterated specimen: A specimen that has been altered, as evidence by test results showing
either a substance that is not a normal constituent for that type of specimen or showing an
abnormal concentration of an endogenous substance.
Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight
alcohols contained in any beverage, mixture, mouthwash, candy, food, preparation or
medication.
Alcohol Concentration: Expressed in terms of grams of alcohol per 210 liters of breath as
indicated by a breath test under 49 CFR Part 40.
Aliquot: A fractional part of a specimen used for testing; It is taken as a sample representing
the whole specimen.
Alternate specimen: An authorized specimen, other than the type of specimen previously
collected or attempted to be collected.
Canceled Test: A drug or alcohol test that has a problem identified that cannot be or has not
been corrected, or which is cancelled. A canceled test is neither positive nor negative.
Collection Site: A place selected by the employer where employees present themselves for the
purpose of providing a specimen for a drug test.
Commerce: Any trade, traffic, or transportation within the jurisdiction of the United States
between a place in a State and a place outside that State, and trade, traffic, or transportation
in the United States that affects such interstate or international trade, traffic, or transportation.
Commercial Motor Vehicle: A motor vehicle or combination of motor vehicles used in commerce
to transport passengers or property that meets the weight, passenger-capacity, or hazardousmaterial criteria in 49 CFR 382.107.
Confirmatory Drug Test: A second analytical procedure performed on a different aliquot of the
original specimen to identify and quantify a specific drug or drug metabolite.
Confirmatory Validity Test: A second test performed on a different aliquot of the original urine
specimen to further support a validity test result.
Covered Employee Under FTA Authority: An employee who performs an FTA safety-sensitive
function, including an applicant or transferee being considered for a safety-sensitive function.
See Attachment A.
Covered Employee Under FMCSA Authority: A person who operates a commercial motor
vehicle in commerce and is subject to 49 CFR Part 382. See Attachment A.
Covered Employee Under City Authority: An employee, applicant, or transferee who is not
performing a federally defined safety-sensitive function but is included under the City’s
independent authority. City-authority testing must use non-DOT forms and remain separate
from DOT testing in all respects. See Attachment A.
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 3
Cutoff: The analytical value (e.g., drug or drug metabolite concentration) used as the decision
point to determine a result (e.g., negative, positive, adulterated, invalid, or substituted) or the
need for further testing.
Designated Employer Representative (DER): An employee authorized by the employer to take
immediate action to remove employees from safety-sensitive duties and to make required
decisions in testing. The DER also receives test results and other communications for the
employer, consistent with the requirements of 49 CFR Parts 40 and 655.
DOT, The Department, DOT Agency: These terms encompass all DOT agencies, including,
but not limited to, the Federal Aviation Administration (FAA), the Federal Railroad
Administration (FRA), the Federal Motor Carrier Safety Administration (FMCSA), the Federal
Transit Administration (FTA), the National Highway Traffic Safety Administration (NHTSA), the
Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Office of the
Secretary (OST). For purposes of 49 CFR Part 40, the United States Coast Guard (USCG), in
the Department of Homeland Security, is considered to be a DOT agency for drug testing
purposes. These terms include any designee of a DOT agency.
Dilute specimen: A urine specimen with creatinine and specific gravity values that are lower
than expected for human urine.
Disabling damage: Damage which precludes departure of any vehicle from the scene of the
occurrence in its usual manner in daylight after simple repairs. Disabling damage includes
damage to vehicles that could have been operated but would have been further damaged if so
operated, but does not include damage which can be remedied temporarily at the scene of the
occurrence without special tools or parts, tire disablement without other damage even if no
spare tire is available, or damage to headlights, taillights, turn signals, horn, or windshield
wipers that makes them inoperative.
Employee: Any person who is designated in a DOT agency regulation as subject to drug testing
and/or alcohol testing. The term includes individuals currently performing safety-sensitive
functions designated in DOT agency regulations and applicants for employment subject to preemployment testing. For purposes of drug testing under 49 CFR Part 40, the term employee
has the same meaning as the term “donor” as found on CCF and related guidance materials
produced by the Department of Health and Human Services.
Evidential Breath Testing Device (EBT): A device approved by the NHTSA for the evidential
testing of breath at the 0.02 and the 0.04 alcohol concentrations, and appears on ODAPC’s
Web page for “Approved Evidential Breath Measurement Devices” because it conforms with
the model specifications available from NHTSA.
Initial Drug Test: The first test used to differentiate a negative specimen from one that requires
further testing for drugs or drug metabolites.
Initial Specimen Validity Test: The first test used to determine if a specimen is adulterated,
diluted, substituted, or invalid
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 4
Invalid Result: The result reported by an HHS-certified laboratory in accordance with the criteria
established by the HHS when a positive, negative, adulterated, or substituted result cannot be
established for a specific drug or specimen validity test.
Laboratory: Any U.S. laboratory certified by HHS under the National Laboratory Certification
Program as meeting the minimum standards of HHS; or, in the case of foreign laboratories, a
laboratory approved for participation by DOT under 49 CFR Part 40.
Limit of Detection (LOD): The lowest concentration at which the analyte (e.g., drug or drug
metabolite) can be identified.
Limit of Quantification (LOQ): For quantitative assays, the lowest concentration at which the
identity and concentration of the analyte (e.g., drug or drug metabolite) can be accurately
established.
Medical Review Officer (MRO): A licensed physician (medical doctor or doctor of osteopathy)
responsible for receiving laboratory results generated by the drug testing program who has
knowledge of substance abuse disorders, and has appropriate medical training to interpret and
evaluate an individual's confirmed positive test result, together with his/her medical history, and
any other relevant bio-medical information.
Negative Dilute: A drug test result which is negative for the five drug/drug metabolites but has
creatinine and specific gravity values that are lower than expected for human urine.
Negative result: The result reported by an HHS-certified laboratory to an MRO when a
specimen contains no drug or the concentration of the drug is less than the cutoff concentration
for the drug or drug class and the specimen is a valid specimen. An alcohol concentration of
less than 0.02 BAC is a negative test result.
Non-negative specimen: A specimen that is reported as adulterated, substituted, positive (for
drug(s) or drug metabolite(s)), or invalid.
Oral Fluid Specimen: A specimen that is collected from an employee’s oral cavity and is a
combination of physiological fluids produced primarily by the salivary glands. An oral fluid
specimen is considered to be a direct observation collection for all purposes of 49 CFR Part
40, as amended.
Performing (a safety-sensitive function): A covered employee is considered to be performing a
safety-sensitive function and includes any period in which he or she is actually performing,
ready to perform, or immediately available to perform such functions.
Positive result: The result reported by an HHS- Certified laboratory when a specimen contains
a drug or drug metabolite equal or greater to the cutoff concentrations.
Primary specimen: In drug testing, the specimen bottle that is opened and tested by a first
laboratory to determine whether the employee has a drug or drug metabolite in his or her
system; and for the purpose of specimen validity
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 5
testing. The primary specimen is the portion of the donor’s subdivided specimen designated as
the primary (‘‘A’’) specimen by the collector to distinguish it from the split (‘‘B’’) specimen, as
defined in 49 CFR Part 40, as amended.
Prohibited drug: Identified as marijuana, cocaine, opioids, amphetamines, or phencyclidine as
specified in 49 CFR Part 40, as amended.
Reconfirmed: The result reported for a split (Bottle B) specimen when the second HHS-certified
laboratory corroborates the original result reported for the primary (Bottle A) specimen.
Rejected for Testing: The result reported by an HHS- Certified laboratory when no tests are
performed for specimen because of a fatal flaw or a correctable flaw that has not been
corrected.
Revenue Service Vehicles: All transit vehicles that are used for passenger transportation
service.
Safety-sensitive functions: Employee duties identified as:
(1)
The operation of a transit revenue service vehicle even when the vehicle is not in
revenue service.
(2)
The operation of a non-revenue service vehicle by an employee when the operation
of such a vehicle requires the driver to hold a Commercial Driver License (CDL).
(3)
Maintaining a revenue service vehicle or equipment used in revenue service.
(4)
Controlling dispatch or movement of a revenue service vehicle and
(5)
Carrying a firearm for security purposes.
Safety-sensitive functions for FMCSA employees: All time from the time a driver begins to work
or is required to be in readiness to work until the time the driver is relieved from work and all
responsibility for performing work, including:
(1) All time at an employer or shipper plant, terminal, facility, other property, or public property
waiting to be dispatched, unless relieved from duty;
(2) All time inspecting, servicing, or conditioning a commercial motor vehicle;
(3) All time spent at the driving controls of a commercial motor vehicle in operation;
(4) All time, other than driving time, in or upon a commercial motor vehicle, except qualifying
sleeper-berth time;
(5) All time loading or unloading, supervising or assisting loading or unloading, attending a
vehicle being loaded or unloaded, remaining ready to operate the vehicle, or giving or receiving
shipment receipts; and
(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
Specimen: Fluid, breath, or other material collected from an employee at the collection site for
the purpose of a drug or alcohol test.
Specimen Bottle: The bottle that, after being sealed and labeled according to the procedures
in 49 CFR Part 40, is used to hold a primary (“A”) or split (“B”) specimen during the
transportation to the laboratory. In the context of oral fluid testing, it may be referred to as a
“vial,” “tube,” or “bottle.”
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 6
Split Specimen: In drug testing, the specimen that is sent to a first laboratory
and stored with its original seal intact, and which is transported to a second laboratory for
retesting at the employee’s request following MRO verification of the primary specimen as
positive, adulterated or substituted.
Split specimen collection: A collection in which the single specimen collected is divided into two
separate specimen bottles, the primary specimen (Bottle A) and the split specimen (Bottle B).
Substance Abuse Professional (SAP): A licensed physician (medical doctor or doctor of
osteopathy) or licensed or certified psychologist, social worker, employee assistance
professional, state-licensed or certified marriage and family therapist, or drug and alcohol
counselor (certified by an organization listed at https://www.transportation.gov/odapc/sap) with
knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol related
disorders.
Substituted specimen: An employee’s specimen not consistent with a normal human specimen,
as determined by HHS (e.g., a urine specimen, with creatinine and specific gravity values that
are so diminished, or so divergent that they are not consistent with normal human urine).
Test Refusal: The following are considered a refusal to test if the employee:
(1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as
determined by the employer.
(2) Fail to remain at the collection site until the testing process is complete. An employee
who leaves the testing site before the testing process commences for a pre-employment
test has not refused to test.
(3) Fail to attempt to provide a specimen. An employee who does not provide a specimen
because he or she has left the testing site before the testing process commenced for a
pre-employment test has not refused to test.
(4) In the case of a directly-observed or monitored urine collection in a drug test, fail to
permit monitoring or observation of your provision of a specimen.
(5) Fail to provide a sufficient quantity of specimen without a valid medical explanation.
(6) Fail or decline to take an additional test as directed by the collector or the employer for
drug testing.
(7) Fail to undergo a medical evaluation as required by the MRO or the employer’s
Designated Employer Representative (DER).
(8) Fail to cooperate with any part of the testing process.
(9) Fail to follow an observer’s instructions to raise and lower clothing and turn around
during a directly-observed urine collection.
(10) Possess or wear a prosthetic or other device used to tamper with the collection
process.
(11) Admit to the adulteration or substitution of a specimen to the collector or MRO.
(12) Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF).
(13) Fail to remain readily available following an accident.
(14) As a covered employee, if the MRO reports that you have a verified adulterated or
substituted test result, you have refused to take a drug test.
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 7
Undiluted (neat) oral fluid: An oral fluid specimen to which no other solid or liquid has been
added. For example: A collection device that uses a diluent (or other component, process, or
method that modifies the volume of the testable specimen) must collect at least 1 mL of
undiluted (neat) oral fluid.
Urine specimen: Urine collected from an employee at the collection site for the purpose of a
drug test.
Vehicle: A bus, electric bus, van, automobile, rail car, trolley car, trolley bus, or vessel. A public
transit vehicle is a vehicle used for public transportation or for ancillary services.
Verified negative test: A drug test result reviewed by a medical review officer and determined
to have no evidence of prohibited drug use at or above the minimum cutoff levels established
by the Department of Health and Human Services (HHS).
Verified positive test: A drug test result reviewed by a medical review officer and determined to
have evidence of prohibited drug use at or above the minimum cutoff levels specified in 49
CFR Part 40 as revised.
Validity testing: The evaluation of the specimen to determine if it is consistent with normal
human urine or oral fluid. Specimen validity testing will be conducted on all specimens provided
for testing under DOT authority. The purpose of validity testing is to determine whether certain
adulterants or foreign substances were added to the specimen, if the specimen was diluted, or
if the specimen was altered.
D. EDUCATION AND TRAINING
1) Every covered employee will receive a copy of this policy and will have ready access to
the corresponding federal regulations including 49 CFR Parts 655, 382, and 40, as
amended. In addition, all covered employees will undergo a minimum of 60 minutes of
training on the signs and symptoms of drug use including the effects and consequences
of drug use on personal health, safety, and the work environment. The training also
includes manifestations and behavioral cues that may indicate prohibited drug use.
2) All supervisory personnel or company officials who are in a position to determine
employee fitness for duty will receive 60 minutes of reasonable suspicion training on the
physical, behavioral, and performance indicators of probable drug use and 60 minutes
of additional reasonable suspicion training on the physical, behavioral, speech, and
performance indicators of probable alcohol misuse.
E. PROHIBITED SUBSTANCES
1) Prohibited substances addressed by this policy include the following.
a. Illegally Used Controlled Substance or Drugs Under the Drug-Free Workplace Act of
1988 any drug or any substance identified in Schedule I through V of Section 202 of
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 8
the Controlled Substance Act (21 U.S.C. 812), and as further defined by 21 CFR
1308.11 through 1308.15 is prohibited at all times in the workplace unless a legal
prescription has been written for the substance. This includes, but is not limited to:
marijuana, amphetamines, opioids, phencyclidine (PCP), and cocaine, as well as
any drug not approved for medical use by the U.S. Drug Enforcement Administration
or the U.S. Food and Drug Administration. Illegal use includes use of any illegal
drug, misuse of legally prescribed drugs, and use of illegally obtained prescription
drugs. It is important to note that the use of marijuana in any circumstances remains
completely prohibited for any safety-sensitive employee subject to drug testing under
USDOT regulations. The use of marijuana in any circumstance (including under state
recreational and/or medical marijuana laws) by a safety-sensitive employee is a
violation of this policy and a violation of the USDOT regulation 49 CFR Part 40, as
amended.
Federal regulations applicable to FTA and FMCSA covered employees require
testing for marijuana, cocaine, amphetamines, opioids, and phencyclidine in
accordance with 49 CFR Part 40 and the applicable agency regulation. Employees
tested solely under City authority will also be tested for these substances using nonDOT forms and procedures kept separate from DOT testing.
b. Legal Drugs: The appropriate use of legally prescribed drugs and non-prescription
medications is not prohibited. However, the use of any substance which carries a
warning label that indicates that mental functioning, motor skills, or judgment may be
adversely affected must be reported to a City of Ridgecrest supervisor and the
employee is required to provide a written release from his/her doctor or pharmacist
indicating that the employee can perform his/her safety-sensitive functions.
c. Alcohol: The use of beverages containing alcohol (including mouthwash, medication,
food, candy) or any other substances containing alcohol in a manner which violates
the conduct listed in this policy is prohibited.
F. PROHIBITED CONDUCT
1) Illegal use of the drugs listed in this policy and as defined in 49 CFR Part 40, as amended
is prohibited at all times. All covered employees are prohibited from reporting for duty or
remaining on duty if they have used a prohibited drug as defined in 49 CFR Part 40, as
amended.
2) Each covered employee is prohibited from consuming alcohol while performing safetysensitive job functions or while on-call to perform safety-sensitive job functions. If an
on-call employee has consumed alcohol, they must acknowledge the use of alcohol at
the time that they are called to report for duty. The covered employee will subsequently
be relieved of his/her on-call responsibilities and subject to discipline for not fulfilling
his/her on-call responsibilities.
3) The employer shall not permit any covered employee to perform or continue to perform
safety-sensitive functions if it has actual knowledge that the employee is using alcohol
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 9
4) Each covered employee is prohibited from reporting to work or remaining on duty
requiring the performance of safety-sensitive functions while having an alcohol
concentration of 0.04 or greater regardless of when the alcohol was consumed.
a. An employee with a breath alcohol concentration which measures 0.02-0.039 is
not considered to have violated the USDOT-FTA drug and alcohol regulations,
provided the employee hasn’t consumed the alcohol within four (4) hours of
performing a safety-sensitive duty. However, if a safety-sensitive employee has
a breath alcohol concentration of 0.02-0.039, USDOT-FTA regulations require
the employee to be removed from the performance of safety-sensitive duties until:
i. The employee’s alcohol concentration measures less than 0.02; or
ii. The start of the employee’s next regularly scheduled duty period, but not
less than eight hours following administration of the test.
5) No covered employee shall consume alcohol for eight (8) hours following involvement
in an accident or until he/she submits to the post-accident drug/alcohol test, whichever
occurs first.
6) No covered employee shall consume alcohol within four (4) hours prior to the
performance of safety-sensitive job functions.
7) City of Ridgecrest, under its own authority, also prohibits the consumption of alcohol at
all times the employee is on duty, or anytime the employee is in uniform.
8) Consistent with the Drug-free Workplace Act of 1988, all City of Ridgecrest employees
are prohibited from engaging in the unlawful manufacture, distribution, dispensing,
possession, or use of prohibited substances in the work place including transit system
premises and transit vehicles.
G. DRUG STATUTE CONVICTION
Consistent with the Drug Free Workplace Act of 1998, all employees are required to notify the
City of Ridgecrest management of any criminal drug statute conviction for a violation occurring
in the workplace within five days after such conviction. Failure to comply with this provision
shall result in disciplinary action as defined in this policy.
H. TESTING REQUIREMENTS
1) Drug testing and alcohol testing will be conducted as required by 49 CFR Part 40 as
amended. All employees covered under FTA/FMCSA authority shall be subject to
testing prior to performing safety-sensitive duty, for reasonable suspicion, following an
accident, and random as defined in this policy, and return to duty/follow-up.
Employees covered solely under City authority are subject to reasonable suspicion, postaccident, random, return-to-duty, and follow-up testing under the City’s independent authority.
Such testing will use non-DOT forms and will not be represented as federally required testing.
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 10
2) A drug test can be performed any time a covered employee is on duty. A reasonable
suspicion, random, or follow-up alcohol test can only be performed just before, during,
or after the performance of a safety-sensitive job function. Under City of Ridgecrest
authority, a non-DOT alcohol test can be performed any time a covered employee is on
duty.
All covered employees will be subject to drug testing and alcohol testing as a condition of
ongoing employment with City of Ridgecrest. Any safety-sensitive employee who refuses to
comply with a request for testing shall be removed from duty and subject to discipline as defined
in this policy.
I. DRUG TESTING PROCEDURES
1) Testing shall be conducted in a manner to assure a high degree of accuracy and
reliability and using techniques, equipment, and laboratory facilities which have been
approved by the U.S. Department of Health and Human Service (HHS). All testing will
be conducted consistent with the procedures set forth in 49 CFR Part 40, as amended.
The procedures will be performed in a private, confidential manner and every effort will
be made to protect the employee, the integrity of the drug testing procedure, and the
validity of the test result.
2) The drugs that will be tested for include marijuana, cocaine, opioids, amphetamines,
and phencyclidine. After the identity of the donor is checked using picture identification,
a urine and/or oral fluid specimen will be collected as described in 49 CFR Part 40, as
amended. Each specimen will be accompanied by a DOT Custody and Control Form
and identified using a unique identification number that attributes the specimen to the
correct individual. The specimen analysis will be conducted at a HHS certified
laboratory. An initial drug screen and validity test will be conducted on the primary
specimen. For those specimens that are not negative, a confirmatory test will be
performed. The test will be considered positive if the amounts of the drug(s) and/or its
metabolites identified by the confirmatory test are at or above the minimum thresholds
established in 49 CFR Part 40, as amended.
Oral-fluid testing may be used only when authorized and operationally available under
49 CFR Part 40, including applicable qualified-collector, approved-device, HHS-certified
laboratory, and split-specimen requirements. When oral-fluid testing is not operationally
available, the City will use an authorized urine collection procedure.
3) The test results from the HHS certified laboratory will be reported to a Medical Review
Officer. A Medical Review Officer (MRO) is a licensed physician with detailed
knowledge of substance abuse disorders and drug testing. The MRO will review the
test results to ensure the scientific validity of the test and to determine whether there is
a legitimate medical explanation for a confirmed positive, substitute, or adulterated test
result. The MRO will attempt to contact the employee to notify the employee of the nonnegative laboratory result, and provide the employee with an opportunity to explain the
confirmed laboratory test result. The MRO will subsequently review the employee’s
medical history/medical records as appropriate to determine whether there is a
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 11
legitimate medical explanation for a non-negative laboratory result. If no legitimate
medical explanation is found, the test will be verified positive or refusal to test and
reported to City of Ridgecrest. If a legitimate explanation is found, the MRO will report
the test result as negative.
4) If the test is invalid without a medical explanation, a retest will be conducted under direct
observation. Employees do not have access to a test of their split specimen following
an invalid result.
5) Any covered employee who questions the results of a required drug test may request
that the split sample be tested. The split sample test must be conducted at a second
HHS-certified laboratory. The test must be conducted on the split sample that was
provided by the employee at the same time as the primary sample. The method of
collecting, storing, and testing the split sample will be consistent with the procedures set
forth in 49 CFR Part 40, as amended. The employee's request for a split sample test
must be made to the Medical Review Officer within 72 hours of notice of the original
sample verified test result. Requests after 72 hours will only be accepted at the
discretion of the MRO if the delay was due to documentable facts that were beyond the
control of the employee. City of Ridgecrest will ensure that the cost for the split
specimen analysis is covered in order for a timely analysis of the sample, however City
of Ridgecrest will seek reimbursement for the split sample test from the employee.
6) If the analysis of the split specimen fails to confirm the presence of the drug(s) detected
in the primary specimen, if the split specimen is not able to be analyzed, or if the results
of the split specimen are not scientifically adequate, the MRO will declare the original
test to be canceled.
7) Observed collections
a. Consistent with 49 CFR Part 40, as amended, collection under direct observation
with no advance notice will occur if:
i. The laboratory reports to the MRO that a specimen is invalid, and the MRO
reports to City of Ridgecrest that there was not an adequate medical
explanation for the result;
ii. The MRO reports to City of Ridgecrest that the original positive,
adulterated, or substituted test result had to be cancelled because the test
of the split specimen could not be performed;
iii. The laboratory reported to the MRO that the urine specimen was negativedilute with a creatinine concentration greater than or equal to 2 mg/dL but
less than or equal to 5 mg/dL, and the MRO reported the urine specimen
as negative-dilute and that a second collection must take place under
direct observation (see §40.197(b)(1)).
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 12
iv. The collector observes materials brought to the collection site or the
employee's conduct clearly indicates an attempt to tamper with a
specimen;
v. The temperature on the original urine specimen was out of range (See
§40.65(b)(5));
vi. Anytime the employee is directed to provide another specimen because
the original specimen appeared to have been tampered with (See
§40.65(c)(1)).
vii. All follow-up-tests; or
viii. All return-to-duty tests
Urine collections that are required to be directly observed will be conducted as required
by 49 CFR Part 40.67.
J. ALCOHOL TESTING PROCEDURES
1) Tests for breath alcohol concentration will be conducted utilizing a National Highway
Traffic Safety Administration (NHTSA)-approved Evidential Breath Testing device (EBT)
operated by a trained Breath Alcohol Technician (BAT). A list of approved EBTs can be
found on ODAPC’s Web page for “Approved Evidential Breath Measurement Devices”.
Alcohol screening tests may be performed using a non-evidential testing device (alcohol
screening device (ASD)) which is also approved by NHTSA. A list of approved ASDs
can be found on ODAPC’s Web page for “Approved Screening Devices to Measure
Alcohol in Bodily Fluids”. If the initial test indicates an alcohol concentration of 0.02 or
greater, a second test will be performed to confirm the results of the initial test. The
confirmatory test must occur on an EBT. The confirmatory test will be conducted no
sooner than fifteen minutes after the completion of the initial test. The confirmatory test
will be performed using a NHTSA-approved EBT operated by a trained BAT. The EBT
will identify each test by a unique sequential identification number. This number, time,
and unit identifier will be provided on each EBT printout. The EBT printout, along with
an approved alcohol testing form, will be used to document the test, the subsequent
results, and to attribute the test to the correct employee. The test will be performed in a
private, confidential manner as required by 49 CFR Part 40, as amended. The
procedure will be followed as prescribed to protect the employee and to maintain the
integrity of the alcohol testing procedures and validity of the test result.
2) A confirmed alcohol concentration of 0.04 or greater will be considered a positive alcohol
test and a violation of this policy. An employee with an alcohol concentration of 0.02
through 0.039 must be removed from DOT safety-sensitive functions until the
employee's alcohol concentration measures less than 0.02 or until the start of the
employee's next regularly scheduled duty period, but not less than eight hours following
administration of the test. The City may apply additional non-DOT employment rules or
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 13
consequences under its own authority when legally permissible and separately
documented.
3) City of Ridgecrest affirms the need to protect individual dignity, privacy, and
confidentiality throughout the testing process. If at any time the integrity of the testing
procedures or the validity of the test results is compromised, the test will be canceled.
Minor inconsistencies or procedural flaws that do not impact the test result will not result
in a cancelled test.
4) The alcohol testing form (ATF) required by 49 CFR Part 40 as amended, shall be used
for all FTA/FMCSA required testing. Failure of an employee to sign step 2 of the ATF
will be considered a refusal to submit to testing.
K. PRE-EMPLOYMENT TESTING
1) All applicants for covered transit positions shall undergo drug testing prior to
performance of a safety-sensitive function.
a. All offers of employment for covered positions shall be extended conditional upon
the applicant passing a drug test. An applicant will not be allowed to perform
safety-sensitive functions unless the applicant takes a drug test with verified
negative results.
b. An employee shall not be placed, transferred or promoted into a position covered
under FTA/FMCSA authority or company authority until the employee takes a
drug test with verified negative results.
c. If an applicant fails a preemployment drug test, the conditional offer of
employment shall be rescinded and the applicant will be provided with a list of at
least two (2) USDOT qualified Substance Abuse Professionals. Failure of a preemployment drug test will disqualify an applicant for employment for a period of
at least one year. Before being considered for future employment the applicant
must provide the employer proof of having successfully completed a referral,
evaluation and treatment plan as described in section 655.62 of subpart G. The
cost for the assessment and any subsequent treatment will be the sole
responsibility of the applicant.
d. When an employee being placed, transferred, or promoted from a non-covered
position to a position covered under FTA/FMCSA authority or company authority
submits a drug test with a verified positive result, the employee shall be subject
to disciplinary action in accordance with this policy.
e. If a pre-employment test is canceled, City of Ridgecrest will require the applicant
to take and pass another pre-employment drug test.
f. In instances where an FTA/FMCSA covered employee does not perform a safetysensitive function for a period of 90 consecutive days or more regardless of
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 14
reason, and during that period is not in the random testing pool the employee will
be required to take a pre-employment drug test under 49 CFR Part 655 and have
negative test results prior to the conduct of safety-sensitive job functions.
g. Following a negative dilute the employee will be required to undergo another test.
Should this second test result in a negative dilute result, the test will be
considered a negative and no additional testing will be required unless directed
to do so by the MRO.
h. Applicants are required (even if ultimately not hired) to provide City of Ridgecrest
with signed written releases requesting USDOT drug and alcohol records from all
previous, USDOT-covered, employers that the applicant has worked for within
the last two years. Failure to do so will result in the employment offer being
rescinded. City of Ridgecrest is required to ask all applicants (even if ultimately
not hired) if they have tested positive or refused to test on a pre-employment test
for a USDOT covered employer within the last two years. If the applicant has
tested positive or refused to test on a pre-employment test for a USDOT covered
employer, the applicant must provide City of Ridgecrest proof of having
successfully completed a referral, evaluation and treatment plan as described in
section 655.62 of subpart G.
FMCSA Pre-Employment Testing: Before a driver first performs FMCSA safety-sensitive
functions, the driver must have a verified negative controlled-substances test unless the City
documents and uses the exception in 49 CFR 382.301(b).
The exception may be used only if the driver participated in a compliant controlled-substances
testing program within the previous 30 days and, while participating, either was tested within
the previous six months or participated in the random testing program for the previous 12
months.
Before using the exception, the City must ensure that no known prior employer has a record of
a DOT drug or alcohol violation within the previous six months and must obtain and retain the
program name and address, participation verification, Part 40 compliance verification, driver
qualification/refusal status, date of last test, and results of tests and other violations during the
previous six months, as required by 49 CFR 382.301(c).
If the required participation and records cannot be verified, the City must conduct a preemployment controlled-substances test and receive a verified negative result before the driver
performs safety-sensitive functions.
L. REASONABLE SUSPICION TESTING
1) All City of Ridgecrest FTA/FMCSA covered employees will be subject to a reasonable
suspicion drug and/or alcohol test when the employer has reasonable suspicion to
believe that the covered employee has used a prohibited drug and/or engaged in alcohol
misuse. Reasonable suspicion shall mean that there is objective evidence, based upon
specific, contemporaneous, articulable observations of the employee's appearance,
behavior, speech or body odor that are consistent with possible drug use and/or alcohol
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 15
misuse. Reasonable suspicion referrals must be made by one or more supervisors who
are trained to detect the signs and symptoms of drug and alcohol use, and who
reasonably concludes that an employee may be adversely affected or impaired in his/her
work performance due to possible prohibited substance abuse or alcohol misuse. A
reasonable suspicion alcohol test can only be conducted just before, during, or just after
the performance of a safety-sensitive job function. However, under City of Ridgecrest’
authority, a non-DOT reasonable suspicion alcohol test may be performed any time the
covered employee is on duty. A reasonable suspicion drug test can be performed any
time the covered employee is on duty.
Employees covered solely under City authority are also subject to non-DOT reasonablesuspicion testing under City procedures modeled on 49 CFR Part 40. A City-authority alcohol
test may be performed at any time the employee is on duty, provided it is identified and
administered as a non-DOT test.
2) City of Ridgecrest shall be responsible for transporting the employee to the testing site.
Supervisors should avoid placing themselves and/or others into a situation which might
endanger the physical safety of those present. The employee shall be placed on
administrative leave pending disciplinary action described in this policy. An employee
who refuses an instruction to submit to a drug/alcohol test shall not be permitted to finish
his or her shift and shall immediately be placed on administrative leave pending
disciplinary action as specified in this policy.
3) A written record of the observations which led to a drug/alcohol test based on reasonable
suspicion shall be prepared and signed by the supervisor making the observation. This
written record shall be submitted to the City of Ridgecrest
4) When there are no specific, contemporaneous, articulable objective facts that indicate
current drug or alcohol use, but the employee (who is not already a participant in a
treatment program) admits the abuse of alcohol or other substances to a supervisor in
his/her chain of command, the employee shall be referred for assessment and treatment
consistent with this policy. City of Ridgecrest shall place the employee on administrative
leave in accordance with the provisions set forth under this policy. Testing in this
circumstance would be performed under the direct authority of the City of Ridgecrest.
Since the employee self-referred to management, testing under this circumstance would
not be considered a violation of this policy or a positive test result under Federal
authority. However, self-referral does not exempt the covered employee from testing
under Federal authority as specified in this policy or the associated consequences.
M. POST-ACCIDENT TESTING
FTA Fatal Accidents: As soon as practicable following an accident involving the loss of human
life, the City will test each surviving FTA-covered employee operating the public transportation
vehicle and any other covered employee whose performance could have contributed to the
accident, using the best information available at the time of the decision.
FTA Nonfatal Accidents: The City will test the FTA-covered operator when a public
transportation vehicle is involved in an occurrence resulting in immediate medical treatment
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 16
away from the scene or disabling damage requiring a vehicle to be transported away, unless
the operator can be completely discounted as a contributing factor. Other covered employees
whose performance could have contributed will also be tested.
FMCSA Fatal Accidents: The City will test each surviving FMCSA-covered driver who was
performing safety-sensitive functions with respect to a commercial motor vehicle involved in an
accident resulting in a fatality.
FMCSA Nonfatal Accidents: The City will conduct an FMCSA post-accident alcohol test when
the driver receives a moving-violation citation within eight hours and the accident involved
immediate medical treatment away from the scene or disabling damage requiring towing. The
City will conduct an FMCSA controlled-substances test when such a citation is received within
thirty-two hours and the same injury or disabling-damage criterion is met.
Testing Time Limits: Alcohol testing must be attempted as soon as practicable. If not
administered within two hours, the City will document the reason; after eight hours, attempts
will cease and the reason will be documented. Controlled-substances testing must be
completed within thirty-two hours; after that time, attempts will cease and the reason will be
documented.
Availability and Medical Care: A covered employee subject to post-accident testing must
remain readily available and notify the City of the employee’s location. Necessary medical care
and emergency assistance will not be delayed.
City-Authority Accidents: Employees tested solely under City authority may be subject to nonDOT post-accident testing under City rules. Such tests must use non-DOT forms and remain
separate from any federally required test.
Law-Enforcement Results: When the City cannot perform a required test because the
employee is unconscious, detained, or otherwise unavailable, qualifying test results obtained
by Federal, State, or local officials may be used only to the extent permitted by the applicable
FTA or FMCSA regulation.
N. RANDOM TESTING
1) All covered employees will be subjected to random, unannounced testing. The selection
of employees shall be made by a scientifically valid method of randomly generating an
employee identifier from the appropriate pool of safety-sensitive employees. Individuals
who may be covered under company authority will be selected from a pool of non-DOTcovered individuals.
2) The dates for administering unannounced testing of randomly selected employees shall
be spread reasonably throughout the calendar year, day of the week and hours of the
day.
3) The number of employees randomly selected for testing during each calendar year shall
meet or exceed the applicable minimum annual random testing rates established by the
relevant DOT agency. FTA and FMCSA covered employees shall be maintained in
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 17
appropriate DOT-compliant pools, and employees tested solely under City authority
shall be maintained in a separate non-DOT pool. Current federal rates shall be verified
annually.
4) Each covered employee shall be in a pool from which the random selection is made.
Each covered employee in the pool shall have an equal chance of selection each time
the selections are made. Employees will remain in the pool and subject to selection,
whether or not the employee has been previously tested. There is no discretion on the
part of management in the selection.
5) Covered transit employees that fall under the Federal Transit Administration regulations
will be included in one random pool maintained separately from the testing pool of nonsafety-sensitive employees that are included solely under City of Ridgecrest authority.
6) Random tests can be conducted at any time during an employee’s shift for drug testing.
Alcohol random tests can only be performed just before, during, or just after the
performance of a safety sensitive duty. However, under City of Ridgecrest’ authority, a
non-DOT random alcohol test may be performed any time the covered employee is on
duty. Testing can occur during the beginning, middle, or end of an employee’s shift.
7) Employees are required to proceed immediately to the collection site upon notification
of their random selection.
O. RETURN-TO-DUTY TESTING
City of Ridgecrest will terminate the employment of any employee that tests positive or refuses
a test as specified in this policy. However, in the rare event an employee is reinstated with
court order or other action beyond the control of the transit system, the employee must
complete the return-to-duty process prior to the performance of safety-sensitive functions. All
covered employees who previously tested positive on a drug or alcohol test or refused a test,
must test negative for drugs, alcohol (below 0.02 for alcohol), or both and be evaluated and
released by the Substance Abuse Professional before returning to work. Following the initial
assessment, the SAP will recommend a course of rehabilitation unique to the individual. The
SAP will recommend the return-to-duty test only when the employee has successfully
completed the treatment requirement and is known to be drug and alcohol-free and there are
no undue concerns for public safety. The SAP will determine whether the employee returning
to duty will require a return-to-duty drug test, alcohol test, or both.
P. FOLLOW-UP TESTING
Covered employees that have returned to duty following a positive or refused test will be
required to undergo frequent, unannounced drug and/or alcohol testing following their returnto-duty test. The follow-up testing will be performed for a period of one to five years with a
minimum of six tests to be performed the first year. The frequency and duration of the followup tests (beyond the minimums) will be determined by the SAP reflecting the SAP’s
assessment of the employee’s unique situation and recovery progress. Follow-up testing
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 18
should be frequent enough to deter and/or detect a relapse. Follow-up testing is separate and
in addition to the random, post-accident, reasonable suspicion and return-to-duty testing.
In the instance of a self-referral or a management referral, the employee will be subject to nonUSDOT follow-up tests and follow-up testing plans modeled using the process described in 49
CFR Part 40. However, all non-USDOT follow-up tests and all paperwork associated with an
employee’s return-to-work agreement that was not precipitated by a positive test result (or
refusal to test) does not constitute a violation of the Federal regulations will be conducted under
company authority and will be performed using non-DOT testing forms.
Q. RESULT OF DRUG/ALCOHOL TEST
1) Any covered employee that has a verified positive drug or alcohol test, or test refusal,
will be immediately removed from his/her safety-sensitive position, informed of
educational and rehabilitation programs available, and will be provided with a list of at
least two (2) USDOT qualified Substance Abuse Professionals (SAP) for assessment,
and will be terminated.
2) Following a negative dilute the employee will be required to undergo another test.
Should this second test result in a negative dilute result, the test will be considered a
negative and no additional testing will be required unless directed to do so by the MRO.
3) Refusal to submit to a drug/alcohol test shall be considered equivalent to a positive test
result and a direct act of insubordination and shall result in termination and referral to a
list of USDOT qualified SAPs. A test refusal is defined as any of the following
circumstances:
a. Fail to appear for any test (except a pre-employment test) within a reasonable
time, as determined by the employer.
b. Fail to remain at the collection site until the testing process is complete. An
employee who leaves the testing site before the testing process commences for
a pre-employment test has not refused to test.
c. Fail to attempt to provide a specimen. An employee who does not provide a
specimen because he or she has left the testing site before the testing process
commenced for a pre-employment test has not refused to test.
d. In the case of a directly-observed or monitored urine collection in a drug test, fail
to permit monitoring or observation of your provision of a specimen.
e. Fail to provide a sufficient quantity of specimen without a valid medical
explanation.
f. Fail or decline to take an additional test as directed by the collector or the
employer for drug testing.
g. Fail to undergo a medical evaluation as required by the MRO or the employer's
Designated Employer Representative (DER).
h. Fail to cooperate with any part of the testing process.
i. Fail to follow an observer's instructions to raise and lower clothing and turn
around during a directly-observed urine collection.
j. Possess or wear a prosthetic or other device used to tamper with the collection
process.
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 19
k. Admit to the adulteration or substitution of a specimen to the collector or MRO.
l. Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF).
m. Fail to remain readily available following an accident.
n. As a covered employee, if the MRO reports that you have a verified adulterated
or substituted test result, you have refused to take a drug test.
4) For an FTA-covered employee with an alcohol concentration of 0.02 through 0.039, the
employee may not perform FTA safety-sensitive functions until the concentration is
below 0.02 or until the start of the employee’s next regularly scheduled duty period, but
not less than eight hours after the test. For an FMCSA-covered driver with an alcohol
concentration of 0.02 through 0.039, the driver may not perform FMCSA safety-sensitive
functions for 24 hours, as required by 49 CFR 382.505. Any additional City-authority test
or employment consequence must be identified and administered separately as nonDOT action.
5) In the instance of a self-referral or a management referral, disciplinary action against the
employee shall include:
a. Mandatory referral for an assessment by an employer approved counseling
professional for assessment, formulation of a treatment plan, and execution of a
return-to-work agreement;
b. Failure to execute, or remain compliant with the return-to-work agreement shall
result in termination from City of Ridgecrest _employment.
i. Compliance with the return-to-work agreement means that the employee
has submitted to a drug/alcohol test immediately prior to returning to work;
the result of that test is negative; the employee is cooperating with his/her
recommended treatment program; and, the employee has agreed to
periodic unannounced follow-up testing as described in this policy;
however, all follow-up testing performed as part of a return-to-work
agreement required under this policy is under the sole authority of City of
Ridgecrest and will be performed using non-DOT testing forms.
c. Refusal to submit to a periodic unannounced follow-up drug/alcohol test shall be
considered a direct act of insubordination and shall result in termination. All tests
conducted as part of the return-to-work agreement will be conducted under
company authority and will be performed using non-DOT testing forms.
d. A self-referral or management referral to the employer's counseling
professional that was not precipitated by a positive test result does not
constitute a violation of the Federal regulations and will not be considered
as a positive test result in relation to the progressive discipline defined in
this policy.
e. Periodic unannounced follow-up drug/alcohol testing conducted as a result of a
self-referral or management referral which results in a verified positive shall be
considered a positive test result in relation to the progressive discipline defined
in this policy.
f. A Voluntary Referral does not shield an employee from disciplinary action or
guarantee employment with City of Ridgecrest.
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 20
g. A Voluntary Referral does not shield an employee from the requirement to comply
with drug and alcohol testing.
6) Failure of an employee to report within five days a criminal drug statute conviction for a
violation occurring in the workplace shall result in termination.
The cost of treatment or rehabilitation services will be paid by the employee or the employee’s
insurance provider, subject to applicable benefit plans, collective bargaining agreements, and
law.
An employee may request available accrued leave or other approved leave to participate in a
prescribed treatment program. If accrued leave is insufficient, unpaid leave may be considered
in accordance with City policy, collective bargaining obligations, and applicable law.
Leave associated with treatment will be designated under the FMLA, CFRA, or other applicable
leave law only when the employee is eligible and the leave qualifies under that law.
R. GRIEVANCE AND APPEAL
The consequences specified by 49 CFR Part 40.149 (c) for a positive test or test refusal is not
subject to arbitration.
S. PROPER APPLICATION OF THE POLICY
City of Ridgecrest is dedicated to assuring fair and equitable application of this substance
abuse policy. Therefore, supervisors/managers are required to use and apply all aspects of
this policy in an unbiased and impartial manner. Any supervisor/manager who knowingly
disregards the requirements of this policy, or who is found to deliberately misuse the policy in
regard to subordinates, shall be subject to disciplinary action, up to and including termination.
T. INFORMATION DISCLOSURE
1) Drug/alcohol testing records shall be maintained by the City of Ridgecrest Drug and
Alcohol Program Manager and, except as provided below or by law, the results of any
drug/alcohol test shall not be disclosed without express written consent of the tested
employee.
2) The employee, upon written request, is entitled to obtain copies of any records pertaining
to their use of prohibited drugs or misuse of alcohol including any drug or alcohol testing
records. Covered employees have the right to gain access to any pertinent records
such as equipment calibration records, and records of laboratory certifications.
Employees may not have access to SAP follow-up testing plans.
3) Records of a verified positive drug/alcohol test result shall be released to the Drug and
Alcohol Program Manager, and other transit system management personnel on a needto-know basis.
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 21
4) Records will be released to a subsequent employer only upon receipt of a written request
from the employee.
5) Records of an employee's drug/alcohol tests shall be released to the adjudicator in a
grievance, lawsuit, or other proceeding initiated by or on behalf of the tested individual
arising from the results of the drug/alcohol test. The records will be released to the
decision maker in the proceeding.
6) Records will be released to the National Transportation Safety Board during an accident
investigation.
7) Information will be released in a criminal or civil action resulting from an employee’s
performance of safety-sensitive duties, in which a court of competent jurisdiction
determines that the drug or alcohol test information is relevant to the case and issues
an order to the employer to release the information. The employer will release the
information to the decision maker in the proceeding with a binding stipulation that it will
only be released to parties of the proceeding.
8) Records will be released to the DOT or any DOT agency with regulatory authority over
the employer or any of its employees.
9) Records will be released if requested by a Federal, state or local safety agency with
regulatory authority over City of Ridgecrest or the employee.
10) If a party seeks a court order to release a specimen or part of a specimen contrary to
any provision of Part 40 as amended, necessary legal steps to contest the issuance of
the order will be taken
11) In cases of a contractor or sub-recipient of a state department of transportation, records
will be released when requested by such agencies that must certify compliance with the
regulation to the FTA/FMCSA.
This Policy was originally adopted by the City Council of the City of Ridgecrest on March 2,
2016, revised July 16, 2025, and presented current-DOT update in August 2026. Final adoption
date: __________________.
Travis Endicott, Mayor
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 22
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 23
ADMINISTRATIVE IMPLEMENTATION NOTE: DOT and non-DOT tests must be clearly
identified and administered separately. FTA, FMCSA, and City-authority requirements
must not be combined in a manner that applies a City-only testing rule as though it
were a federal requirement.
Attachment A
Job Title
___________
Testing Authority (FTA)
Dispatchers
Mechanics
Transit Administrator/Dispatcher
Transit Drivers
Transit Operations Supervisor
Transit Drivers, Relief Dispatcher
Transit Supervisor
Job Title
Federal Transit Administration
Federal Transit Administration
Federal Transit Administration
Federal Transit Administration
Federal Transit Administration
Federal Transit Administration
Federal Transit Administration
Testing Authority (FMCSA)
Chief Plant Operator
*Equipment Operator
*Maintenance Worker I
*Maintenance Worker II
*Maintenance Worker III
Mechanic
Streets Foreman
Streets Supervisor
Waste Water Foreman
*Waste Water Operator I
*Waste Water Operator II
*Waste Water Operator III
*Waste Water Operator Trainee
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration
*Those with a valid Commercial License
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 24
Attachment B Contacts
Any questions regarding this policy or any other aspect of the substance abuse policy should
be directed to the following individual(s).
The City of Ridgecrest Drug and Alcohol Program Manager
Name: Patricia Rockwell
Title: Human Resources Administrator
Address: 100 W. California Ave.,Ridgecrest CA 93555
Telephone Number: 760.499.5024
The City of Ridgecrest Drug and Alcohol Program Manager- Alternate
Name: Marrissa Weathers
Title: Human Resources Administrator
Address: 100 W. California Ave.,Ridgecrest CA 93555
Telephone Number: 760.499.5023
Medical Review Officer
Name: Dr. John Womack
Title: MD
Address: 9501 Northfield Blvd., Denver CO 80238
Telephone Number: 919.489.9588
Substance Abuse Professional #1
Name: Tia Brisco
Title: PsyD, LMFT, SAP
Address: 1543 E. Palmdale Blvd. Palmdale, CA 93550
Telephone Number: 725.306.3724
Substance Abuse Professional #2
Name: Lytara Garcia
Title: SAP
Address: 2315 E Palmdale Blvd Ste E B37, Palmdale, CA 93550
Telephone Number:661.494.6155
HHS Certified Laboratory Primary Specimen
Name: Med Tox Labs. Inc.
Address: 402 W. County Rd D, St. Paul MN 55112
Telephone Number: 800.832.3244
HHS Certified Laboratory Split Specimen
Name: CRL (Clinical Referral Lab)
Address: 11711 W. 83rd Terrace, Lenexa, Ks. 66150
Telephone Number: 800.452.5677
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 25
Drug and Alcohol Testing Policy (Zero Tolerance – v.080526.1)
Page 26
5
This Page Intentionally Left Blank
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: A Resolution Approving a Memorandum of Understanding (MOU) Between the City of Ridgecrest and
United Food and Commercial Workers (UFCW)
PRESENTED BY: Travis Reed, City Manager
Summary
To remain competitive in recruiting and retaining qualified employees, the City has continued to evaluate employee
compensation and benefits. While the City's budget remains balanced, available resources for compensation
enhancements are limited. City staff met and conferred with representatives of the United Food and Commercial
Workers (UFCW) and are recommending that the City Council approve the attached Memorandum of Understanding
(MOU). The proposed MOU includes a restructuring of the salary schedule into a standardized six-step salary
schedule, along with targeted compensation and benefit enhancements. These changes are intended to strengthen
the City's ability to recruit and retain a skilled workforce while remaining competitive with other regional public
agencies facing similar recruitment and retention challenges.
Key UFCW compensation enhancements:
1. Restructured the salary schedule into a standardized six-step salary schedule and implemented targeted salary
adjustments to bring classifications that were more than 10% below the market average to within 10% of the
market average.
2. Increase in monthly medical benefits: Beginning January 1, 2027, the City will increase the monthly cafeteria
plan contribution by up to $200 per month, limited to the amount of any increase in the employee-only (Tier
2) PERS Gold (or equivalent) medical premium.
3. Increase annual shoe allowance from $200 to $300.
4. Employees assigned to slurry seal operations shall receive a five percent (5%) pay increase above their base
hourly rate for all hours actually worked performing slurry seal operations Increased the annual tuition
reimbursement from $500 to up to $1,250 for Associate Degree programs and up to $1,500 for Bachelor's and
$2,000 for Master's Degree programs.
5. $200 annual cell phone allowance for eligible UFCW employees required to use their personal cell phone for
work.
6. Adds longevity pay of 2.5% pensionable compensation after 15 years of City service and an additional 2.5%
after 20 years for eligible UFCW employees.
7. Term July 1, 2026 to June 30, 2029.
Exhibit A – UFCW MOU
FISCAL IMPACT: Included in FY27 Budget. Future increases in health insurance contributions beginning January 1,
2027, are capped and will only increase based upon actual increases in employee-only health insurance premiums
ACTION REQUESTED: Adopt the Resolution.
CITY MANAGER’S RECOMMENDATION: Action as requested.
Submitted by:
Reed
Action Date: August 5, 2026
This Page Intentionally Left Blank
RESOLUTION NO. 26-xx
A RESOLUTION OF THE RIDGECREST CITY COUNCIL APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
RIDGECREST AND THE UNITED FOOD AND COMMERCIAL WORKERS
(UFCW)
The City Council of the City of Ridgecrest hereby approves a Memorandum of
Understanding (MOU) between the City of Ridgecrest and the United Food and Commercial
Workers (UFCW) and authorizes the City Manager to execute the agreement for a term
effective July 1, 2026 through June 30, 2029.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest does
hereby agree to the above and adopt this resolution.
APPROVED AND ADOPTED this 5th day of August 2026 by the following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
Travis Endicott, Mayor
ATTEST:
Ricca Charlon, City Clerk
This Page Intentionally Left Blank
MEMORANDUM OF
UNDERSTANDING
WITH
CITY OF RIDGECREST
JULY 1, 2026 – JUNE 30, 2029
NOTES
TABLE OF CONTENTS
Section
Title
Page
15
18
Annual Vacation Leave
Bereavement Leave
9
11
22
27
Bilingual Pay
Cell Phone Allowance
14
15
8
36
City Rights and Responsibilities
Contracting Out
4
19
4
7
Definitions
Entire Agreement
2
4
35
28
Grievance Procedure
Health Benefits
18
15
16
31
19
11
6
3
12
20
32
13
Holidays
Layoff Procedure
Leaves of Absence
Longevity Pay
Member Rights
Membership
Merit Advancement and Evaluation
Military Leave and Benefits
Official Personnel Files
Out-of-Class Temporary Appointment
10
16
12
6
3
1
6
12
17
8
23
30
Overtime
Payment for Call-Out Time
14
16
29
1
Payment for Standby Time
Recognition
16
1
37
9
25
24
14
10
34
17
2
21
26
33
Re-Opener
Retirement
Safety Shoe Allowance and Tool Allowance
Salary Schedule
Scheduling
Seniority
Severability Clause
Sick Leave
Term of Agreement
Tuition Reimbursement & Education Incentive Pay
Uniform Allowance
Use of Kerr McGee Center Facilities
19
5
15
15
8
6
18
10
1
13
15
18
5
Exhibit A
Waiver of Obligation to Meet and Confer
Salary Schedule
3
21
Exhibit B
Vacation Schedule
22
NOTES
MEMORANDUM OF UNDERSTANDING
BETWEEN
UNITED FOOD AND COMMERCIAL WORKERS
8-GOLDEN STATE
AND
CITY OF RIDGECREST
This Memorandum of Understanding (hereinafter referred to as MOU) is entered into by and
between the CITY OF RIDGECREST, a municipal corporation (hereinafter referred to as the
CITY), and the UNITED FOOD AND COMMERCIAL WORKERS 8-GOLDEN STATE (hereinafter
referred to as the UNION), pursuant to Government Code 3500 et seq, and City of Ridgecrest
Resolution No. 76-21 provisions of which may be superseded by the MOU or other lawful action
of CITY. It is understood that this agreement is effective only upon ratification of UFCW leadership
and members and approval by resolution duly adopted by the City Council of the City of
Ridgecrest.
SECTION I. RECOGNITION
The CITY recognizes UNION as the majority representative of those CITY employees holding job
titles set forth on the attached Exhibit “A” (and at the discretion of CITY), pursuant to, and subject
to the provisions of the City Resolution No. 76-21. Part-time, seasonal, temporary, supervisory,
confidential, and management employees are excluded from representation by UNION.
SECTION 2. TERM OF AGREEMENT
The terms of this Agreement shall become effective July 1, 2026 and remain in full force until
June 30, 2029, and shall apply to unit members as specified in Section I.
SECTION 3. MEMBERSHIP
1.
The CITY agrees to deduct membership dues, voluntary political dues, and initiation fees
for UNION members as permitted by law and authorized by individual UNION members upon
written request by the member. Notification must be received by CITY no less than ten (10) days
prior to date of first deduction or date of termination of deduction. The CITY agrees to forward the
collected funds to UNION within thirty days after collection.
2.
The UNION agrees to hold CITY harmless and indemnifies CITY against any claims,
causes of action, and lawsuits which may arise out of the deduction of dues and fees or transmittal
of such funds to UNION.
3.
The CITY shall provide UNION information regarding personnel actions affecting any
member whose job classification is subject to representation by UNION before the fifteenth (15th)
of the following month. For the purposes of this section personnel actions shall include new hires
and terminations, and changes of membership in UNION. Notice shall include the name, job
classification, department, rate of pay, and a contact phone number of the affected member, along
with the date of the event.
2026-2029
CITY OF RIDGECREST
Page 1
4.
The CITY agrees to recognize three (3) Stewards duly appointed by UNION. The UNION
shall notify CITY of the names of the currently designated Stewards and any changes thereof.
Upon two (2) weeks’ notice to CITY, two (2) Stewards will be scheduled off and paid, at the
member’s daily straight-time rate based on the average daily hours worked in the pay period
preceding, standard days wage, to attend one (1) one-day Stewards training seminar per calendar
year. The parties agree that such time shall not be considered time worked for purposes of
overtime, benefit contributions or other incidents of “time worked”.
SECTION 4. DEFINITIONS
1.
ALTERNATIVE WORK SCHEDULE – Any work schedule that differs from eight (8) hours
per day (e.g. 9/80, 4/10’s, etc...)
2.
DAYS – Unless otherwise specified, all references to days within the MOU (e.g. within five
[5] days) shall refer to business days defined as regular non-weekend, non-holiday, non-furlough,
non-flex days during which City Hall is open and available to members of the public.
3.
DEPARTMENT – Any work function of CITY either segregated by job function(s),
subordinate to the City Manager, or subordinate to the City Council.
4.
DEPARTMENT HEAD – The person charged by the City Manager to manage and direct
the actions of a Department. In some instances, the City Manager will also serve as the
Department Head.
5.
FLEX DAY – In the event a member is assigned to a compressed work schedule
(e.g. works four [4] days of nine [9] hours and one [1] eight-hour day in one week followed by four
[4] days of nine [9] hours the following week) the day off is the flex day.
6.
FURLOUGHS – In the event of a declaration of fiscal emergency, the CITY and the UNION
will agree to meet and confer on the possible implementation of furloughs. Based on
organizational need and/or funding source final decision will be made at the sole discretion of the
City Manager.
7.
GRIEVANCE – Misinterpretation or misapplication of the MOU alleged by a member who
is adversely affected or by UNION on behalf of a member or by the UNION.
8.
IMMEDIATE FAMILY – Is a defined group of relations used in rules or laws to determine
which members of a person’s family are affected by those rules. This group shall include the
spouse or registered domestic partner, child (including step-children), parents (including stepparents and parents-in-law), siblings (including step-siblings and siblings-in-law), grandparents
(including grand parents-in-law), grandchildren, and other cohabitants living full-time in the same
household as the member acting as a family unit.
9.
MEMBER – Eligible full-time employee of CITY represented by UNION.
10.
PAY PERIOD – Each pay period shall consist of the 14-day period(s) defined by CITY.
11.
PERSONNEL OFFICER – Any qualified person or entity designated by the City Manager
to manage, address, administer, oversee, or perform personnel or Human Resource related
tasks. City shall specifically instruct the Personnel Officer to maintain the highest standards of
confidentiality and privacy with respect to information related to official personnel files.
2026-2029
CITY OF RIDGECREST
Page 2
12.
PROBATION PERIOD – Is a status given to new or newly promoted employees of the
CITY. This status allows a supervisor or the city manager to evaluate closely the progress and
skills of the newly hired worker, determine appropriate assignments, and monitor other aspects
of the employee such as honesty, reliability, and interactions with co-workers, supervisors or
customers. The probationary period also allows the City to terminate an employee who is not
doing well at their job or is otherwise deemed not suitable for a particular position. This period will
be for a period of twelve (12) months.
13.
SEPARATION – The voluntary or involuntary cessation of employment with CITY
(e.g. resignation, termination, death, etc.)
14.
STEWARD – In the context of the MOU, the term Steward shall apply to UNIONdesignated members in leadership positions to represent the interests of UNION.
15.
WORK WEEK – Seven (7) day period defined by CITY in which overtime shall be paid
after working forty (40) hours.
SECTION 5. WAIVER OF OBLIGATION TO MEET AND CONFER DURING THE
TERM OF THE MEMORANDUM OF UNDERSTANDING
As CITY and UNION had the unlimited right and opportunity during the meet and confer process
to make proposals with respect to any subject or matter not removed by law from the area of
consultation or meet and confer, and as understandings and agreements were arrived at by the
parties hereto which resulted in the MOU and subject to any exceptions contained herein, each
voluntarily and unqualifiedly waives the right and each agree that the other shall not be obligated
to meet and confer with respect to any subject or matter specifically referred to in this MOU.
Exceptions to the above-described waiver include: 1) declaration of fiscal emergency by the City
Council, and/or 2) imposition of statutory or regulatory provisions from, but not limited to, state or
federal governments. In the case of a reopener, it is the intent of the parties to negotiate a shared
burden to avoid unilateral impacts. The City agrees to meet and confer with UNION regarding
the impacts of CITY decisions impacting members including, but not limited to, changes in the
size, duties, working conditions, or union affiliation of members. Changes to personnel rules,
regulations, or policies affecting the working conditions of members shall be forwarded to UNION
and subject to the meet and confer process unless the changes are the result of state or federal
mandates. Members shall be notified of related changes.
SECTION 6. MEMBER RIGHTS
1.
CITY agrees to grant official representatives of UNION reasonable access to members to
discuss any grievance or problem arising under the terms of the MOU during regular working
hours.
The parties agree to the least reasonable amount of interference or disruption possible by UNION
representative(s) during working hours. It is agreed that the Steward shall be permitted to conduct
a reasonable amount of UNION business regarding grievances during regular working hours
without loss of pay. UNION may use CITY facilities, with permission from, and at the sole
discretion of the City Manager, to conduct meeting when such facilities are available.
2.
The CITY shall make available, to UNION, physical posting space on existing CITYcontrolled bulletin boards for non-political postings. Materials posted by UNION shall neither
2026-2029
CITY OF RIDGECREST
Page 3
interfere with the needs of the department nor contain material that is derogatory to CITY,
employees of CITY, or Agents of CITY. Neither meeting minutes nor objectively educational
material shall be deemed political for the purposes of this section.
3.
The provisions of the MOU shall apply equally to, and be exercised by, all members
without discrimination as to age, sex, marital status, religion, race, color, creed, sexual orientation,
disability, national origin, gender identity, gender expression, medical condition, military and
veteran status, UNION, political affiliation, or any other protected class identified by state or
federal law.
SECTION 7. ENTIRE AGREEMENT
This MOU sets forth the full and entire understanding of the parties regarding the matters set forth
herein. Any other prior or existing understanding or agreements by the parties regarding the
matters set forth herein, whether formal or informal, regarding the matters are hereby superseded
or terminated in their entirety.
The CITY will continue to provide access to ice and drinking water as an established working
condition for employees.
SECTION 8. CITY RIGHTS AND RESPONSIBILITIES
In order to ensure that CITY shall continue to carry out its safety, service, and protection functions
and responsibilities to the public as imposed by law, and to maintain efficient and responsive
police and safety provisions for the citizens of the City of Ridgecrest, CITY continues to reserve
and retain solely and exclusively all rights including but not limited to:
1.
Determine duties of constituent Departments, commissions, and Boards.
2.
Determine Department policy, including the right to manage the affairs of CITY in all
respects.
3.
Evaluate, direct, supervise, hire, promote, suspend, discipline, discharge, demote,
transfer, assign, and retain all members.
4.
Determine the procedures and standards of selection for employment and promotion, to
direct its members, and to assign work to members in accordance with the requirements
determined by CITY.
5.
Relieve members from duties because of lack of work or funds or under conditions where
continued work would be ineffective or nonproductive, in accordance with this MOU Section 30.
6.
Suspend, discipline, and/or discharge members for just cause as defined in the Personnel
Rules and Policies.
7.
Determine standards and level of services to be performed (including, but not limited to
qualitative and quantitative factors), utilization of technology and equipment, means and methods
of operation and overall budgetary matters, including but not limited to the right to contract or
subcontract any and all work, services, or operations of the CITY as provided by law. (In the
event that work is contracted out as the result of a management decision to eliminate the positions
of members, CITY shall encourage contractor to employ the services of displaced members.)
8.
Determine the appropriate job classifications, organizational structure, and personnel by
which CITY operations are conducted.
2026-2029
CITY OF RIDGECREST
Page 4
9.
Determine the size and composition of Departments, assign members, schedule hours,
workdays, and assignments. Members will be notified of work schedule changes in writing by the
Department Head five (5) days prior to the change.
10.
Expand or to diminish services to the public.
11.
Determine the issues of public policy, and control the overall mission of CITY.
12.
Maintain and improve the efficiency and effectiveness of all Departments.
13.
Take any necessary actions to carry out the mission of the CITY in situations of
emergency.
14.
Establish and promulgate rules, regulations, policies and procedures relating to
productivity, efficiency, conduct, and safety; as well as the rules, regulations, policies and
procedures designed to comply with applicable judicial decisions and legislative enactments, and
to require compliance therewith.
15.
Determine the methods, means, and personnel by which government operations are to be
conducted.
16.
Establish performance standards for employees including, but not limited to, qualitative
and quantitative standards.
17.
During any period in which CITY imposes furloughs on members, CITY shall make
reasonable efforts to give preference to furloughed members when filling temporary employment
needs. This provision is intended to offset the member impacts of furloughs and shall apply up to
the amount of time lost to furloughs. Reinstated furlough hours will not be counted toward overtime
provisions; however, actual furlough time will continue to be counted in accordance with overtime
provisions.
18.
Any management rights not specified herein.
In exercising its rights, the determination of whether or not to do so shall not be subject to the
meet and confer process. The impact of CITY’s exercise of its management rights on Union
members shall be subject to the meet and confer process. The provisions of this paragraph shall
not constitute a waiver or expansion of UNION’s rights as set forth in California statutory and case
law.
SECTION 9. RETIREMENT
The CITY participates in Social Security. Both the employer and the employee contribute to Social
Security.
The CITY participates in the California Public Employee Retirement System (CalPERS).
The CITY agrees to provide all eligible members who are considered “classic members” with a
retirement plan with the benefit factor of 2.7% at age fifty-five (55) based on single highest year
through CalPERS. “Classic” employees were employed by the CITY on or before
2026-2029
CITY OF RIDGECREST
Page 5
December 31, 2012 or who become employed by the CITY after that date who are a “Classic”.
“Classic” employees are defined as those individuals who are:
a)
Working for an employer providing CalPERS retirement benefits who begins
employment with the CITY without a break in service or a break in service of less than six
(6) months; or
b)
Current member of a public retirement system or plan with reciprocity with
CalPERS.
For members who fall under the “new member” classification of the Public Employee Pension
Reform Act (PEPRA), the CITY provides retirement plan with the benefit factor of 2% at age sixtytwo (62) based on a highest three-year average.
The CITY, on behalf of each “classic employee” employed by the City of Ridgecrest on or before
October 1, 2017, will pay the eight (8%) percent member contribution toward their retirement
benefit. Classic employees hired by the City of Ridgecrest on or after October 1, 2017, will pay
their eight (8%) percent member contribution. New members pay one-half of the total normal cost
as determined annually by CalPERS. In fiscal year 25-26, the new member contribution is 7.75%.
The CITY will pay, the actuarially determined minimum employer contribution rate for classic and
new members.
SECTION 10. SENIORITY
Seniority shall be defined and calculated as length of continuous service with CITY.
Seniority shall be the primary consideration in scheduling a single period of vacation for each
member and for overtime assignments. EXCEPTION: in the event of an emergency or specialized
task requiring specific skills, the Department may assign overtime to the most appropriate
personnel available in or out of the Department.
SECTION 11.
LONGEVITY PAY
Union employees who have completed fifteen (15) years of service with the City shall receive
pensionable compensation equal to two and one-half percent (2.5%) of base pay. Those who
reach twenty (20) years of service with the City shall receive additional pensionable compensation
equal to two and one-half percent (2.5%) of base pay This pensionable compensation is available
for both classic and PEPRA members. Employees shall continue to receive this compensation for
as long as they remain in a position represented by this compensation agreement, until separation
from service or transfer to a position not represented by this agreement.
SECTION 12. MERIT ADVANCEMENT AND EVALUATION
1.
EVALUATIONS: The CITY agrees to provide each member with an annual evaluation on,
or close to, their anniversary date. For purposes of this section, a member receiving an early
advancement to the next range (1-6) shall consider the advancement date as the anniversary
date.
2.
DEFINITION OF MERIT: Merit shall be determined by the member’s:
2026-2029
CITY OF RIDGECREST
Page 6
a)
Proven ability to perform assigned duties effectively as required for the job.
b)
Proven ability to work harmoniously with others.
c)
Overall work performance, including any disciplinary action.
d)
Ability to take direction.
e)
Appropriate use of leave and compliance with rules on providing advance
notice/request to use leave.
3.
MERIT ADVANCEMENT WITHIN RANGES:
a)
Each full-time permanent member shall be eligible for advancement to the next
higher step in the range assigned his/her classification based upon a satisfactory annual
performance evaluation, recommendation of the member’s supervisor, and approval of
the City Manager and subject to available budgeted funds. If at such time as the City is
operating under a fiscal emergency declaration, management has the discretion to
withhold merit increases across the union membership.
b)
Each probationary member shall be reviewed at least once every six (6) months
after his/her hire date while on probation. The twelve (12) month probationary period may
be extended only once for up to an additional six (6) months upon good and valid reason
provided by the Department Head to the City Manager, with notification to UNION.
c)
Salary step increases shall become effective on the date of the member’s
employment anniversary in his/her current position. For purposes of this section, a
member receiving an early advancement to the next step within the range (1-6) shall
consider the advancement date as the anniversary date.
4.
PROMOTIONS:
a)
Any member who is promoted from one position to a higher position shall serve a
twelve (12) month probationary period. If member fails to meet the minimum standards of
the new position, member shall have the right to transfer back to same or similar position
and/or classification from which member was promoted at a pay rate equal to the
member’s pre-promotional rate.
b)
Any member promoted to a higher classification shall be placed in the lowest step
that would provide for a minimum five percent (5%) pay increase. The promoted member
shall be eligible for subsequent salary step increases in accordance with the wage and
evaluation schedule for the new position.
5.
ADVANCEMENT NOT AUTOMATIC: Advancement from step to step in any range shall
not be automatic, but shall depend upon increased service value of a member to CITY as
exemplified by the recommendation of his/her Department Head to the City Manager, length of
service, performance record, special training undertaken, or other pertinent evidence.
6.
ADVANCEMENT FOR OUTSTANDING PERFORMANCE: The City Manager, upon the
recommendation of a Department Head, may advance member to the next highest step within
the range for the member’s class as a reward for outstanding performance, but only after the
2026-2029
CITY OF RIDGECREST
Page 7
member has served a minimum of three (3) months in the step from which he/she is to be
advanced. No salary advancement shall be made so as to exceed the maximum step established
in the compensation schedule for the classification to which the member’s position is allocated.
SECTION 13. OUT-OF-CLASS TEMPORARY APPOINTMENT
The Department Head, with approval of the City Manager, retains the right to temporarily assign
a member to an Acting position. The CITY reserves the right, within its sole discretion, to assign
members to work outside of their regular classification. The member shall meet all eligibility
requirements for the position. Any member who has been temporarily appointed to an out of class
position in a higher classification for a period of greater than forty (40) consecutive hours shall be
compensated, beginning at the first (1st) hour, with a five percent (5%) pay increase for the
duration of the continuous appointment, in recognition of extra duties performed.
For purposes of this Section, assignment to slurry seal operations, as designated and approved
by the City Manager, shall be deemed an eligible temporary out-of-class assignment for
compensation purposes only. Employees assigned to slurry seal operations shall receive a five
percent (5%) pay increase above their base hourly rate for all hours actually worked performing
slurry seal operations. Time spent in preparation, standby, or non-operational activities shall not
be included for purposes of this compensation. This compensation shall apply only during active
slurry seal operations and shall begin upon assignment and cease upon completion of slurry seal
operations or reassignment to non-slurry duties, whichever occurs first.
SECTION 14. SCHEDULING
The Department Head, with the approval of the City Manager, retains the right to make
assignments and scheduling decisions, including the right to change the starting and ending times
of members’ shifts, based upon the needs of the Department and the community. Consequently,
the Department Head will be responsible for all decisions concerning staffing levels and the
specific hours of individual shifts as well as special assignments.
The workweek for all members of the unit shall be 168 regularly recurring hours.
For employees working a schedule other than the 9/80 work schedule, the workweek shall begin
on Monday at 12:00 a.m. and end at 11:59 p.m. the following Sunday. For employees working
the 9/80 work schedule, each employee’s designated FLSA workweek (168 hours in length) shall
begin exactly four (4) hours after the start of his/her eight (8) hour shift on the day of the week
that corresponds with the employee’s alternating regular day off.
Work schedules may include:
•
A 5/8 work schedule which consists of five (5) consecutive eight (8) hour days of work
followed by two (2) consecutive days off.
•
A 4/10 work schedule which consists of four (4) consecutive ten (10) hour days of work
followed by three (3) consecutive days off.
•
A 9/80 work schedule which consists of four (4) consecutive nine (9) hour days each week
and a recurring alternating eight (8) hour day/day off.
2026-2029
CITY OF RIDGECREST
Page 8
•
A split shift for employees serving as Bus Drivers; shift to be scheduled by the supervisor.
SECTION 15. ANNUAL VACATION LEAVE
All members shall be entitled to take vacation leave with pay, except members who have served
the CITY less than six (6) months, or who are not eligible.
Commencing with the successful completion of six (6) months of service, the member may take
vacation leave up to the amount accumulated when the leave is initiated. Each eligible member
shall accrue annual vacation at the rate indicated in Exhibit “B” attached, earning a maximum of
208 hours per year.
a)
Each member may accrue vacation time at a maximum of two (2) times the
corresponding annual accrual rate for which the member is eligible as indicated in Exhibit
“B” of this document. Upon reaching the maximum accrued vacation time, further accrual
will cease until member has used sufficient vacation time to bring his/her accrual below
the maximum. The times in which a member may take vacation shall be determined by
the Department Head with due regard for the wishes of the member with particular regard
for needs of the service.
b)
Each member may annually, at the sole discretion of the member, convert the cash
value of no more than eighteen (18) hours of available vacation directly into the member’s
457b plan. Conversion requests shall be submitted by the member to the Finance Director
via the member’s Department Head no later than June 1 each year. Payments will occur
after the deadline at a time determined by the Finance Director, subject to available
budgeted funds.
c)
If the requirements of service are such that member cannot take all of his or her
annual vacation in a particular year, the accrued vacation time may be banked or paid for,
at the discretion of CITY, not to exceed the maximum accrual described herein.
In the event that one or more municipal holiday(s) fall within a member’s annual vacation leave,
the holiday(s) shall not be charged as vacation leave.
Any member who separates from service with CITY shall receive pay for all accrued vacation.
SECTION 16. HOLIDAYS
The following holidays will be observed:
New Year’s Day
Presidents’ Day
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Martin Luther King Birthday
Thanksgiving Day and the day after
Christmas Day and the day after
Twenty-four (24) hours Floating Holidays
2026-2029
CITY OF RIDGECREST
Page 9
No permanent or probationary member in the competitive service shall be required to be on duty
on these holidays, unless the member’s services are needed or required in the interest of public
health, safety, or general welfare. Employees who are required to work on a designated holiday
are eligible to receive either time-and-one-half for hours worked or to accrue compensatory time
off at the rate of time-and-one-half for hours worked. The number of hours employees are required
to work shall be determined by the Department Head. When a designated holiday falls on a nonworking day, the employee may observe the holiday on a workday adjacent to the holiday as
determined by the Department Head.
The City of Ridgecrest will provide all full-time employees floating holidays on an accrual basis
and can be used when employees have a need to be off work for any reason. A new full-time
employee receives a one-time advance of twenty-four (24) hours of floating holiday. Employees
will accrue floating holiday hours on a per pay period basis with a maximum of .923 hours per pay
period or twenty-four (24) hours per year.
Employees may carry over unused FLOATING HOLIDAYS from one fiscal year to the next with
a maximum of forty-eight (48) hours. At any time, employees can only have a maximum of fortyeight (48) hours in the bank and accrual will start again once their accrued balance drops below
the maximum cap.
All FLOATING HOLIDAYS must be scheduled in advance and approved by the supervisor except
in cases of sudden illness or emergency. Floating holiday hours may be used in combination with
other accrued leave hours such as: vacation leave, sick leave, and comp time, in order to get a
full day’s worth of paid time off. Any employees who separate from the City service shall receive
pay for all unused accrued floating holiday hours.
SECTION 17. SICK LEAVE
Use of sick leave for any purpose other than those authorized under California Law, and this MOU
(as set forth below) constitutes a form of fraud against the CITY. Sick Leave may be taken for
below prescribed purposes:
a) The diagnosis, care, or treatment of an existing health condition of, or preventative care
for, an employee or an employee’s family member; or
b) To attend legal proceedings, or to obtain medical treatment, counseling or other victims’
services for domestic violence, sexual assault, or stalking.
A “family member”, for these purposes, is defined as a child (biological, adopted or foster child,
stepchild, legal ward, or a child to whom the employee stands in loco parentis), a parent
(biological, adoptive or foster parent, stepparent, or legal guardian of an employee or the
employee’s spouse or registered domestic partner, or a person who stood in loco parentis when
the employee was a minor child), a spouse or registered domestic partner, a grandparent,
grandchild and sibling.
Sick leave shall accrue at the rate of four (4) hours per pay period for each period worked (up to
104 hours per year). Partial credit will be given for partial pay periods worked.
2026-2029
CITY OF RIDGECREST
Page 10
Members shall be permitted to accrue unlimited sick leave.
Members who have five (5) years or more of service, shall be entitled to accumulate for conversion
purposes, a maximum of 320 hours and are entitled to three fourths (75%) (i.e. up to 240 hours)
of the value of their accumulated sick leave at Separation.
Members who have ten (10) years of service, shall be entitled to accumulate for conversion
purposes, a maximum of 640 hours, and are entitled to a maximum of three fourths (75%) (i.e. up
to 480 hours) of the value of their accumulated sick leave at Separation.
Members who have fifteen (15) or more years of consecutive service, shall be entitled to
accumulate for conversion purposes, a maximum of 960 hours, and are entitled to three fourths
(75%) (i.e. up to 720 hours) of the value of their accumulated sick leave at Separation.
Sick leave that has accrued and is not used for conversion as identified above may be reported
to CalPERS for additional service credit.
To the extent possible, employees must provide reasonable advance notice of their need for
California Paid Sick Leave under this policy. If the need for leave is not foreseeable, an employee
must provide notice as soon as possible. If a member is absent on sick leave, the member shall
notify the member’s immediate supervisor or personnel officer to be notified in accordance with
personnel rules prior to the scheduled start time.
Accrued sick leave may be taken in case of an employee’s presence being required elsewhere
because of sickness, disability or death of a member of his/her immediate family in a calendar
year. An employee may use one-half of his/her annual sick leave accrual (up to 52 hours) for
family sick leave purposes.
An employee receiving temporary disability payments under the Worker’s Compensation Laws
may use accumulated sick leave in order to continue to maintain his/her regular income.
SECTION 18. BEREAVEMENT LEAVE
All employees who have been employed by the City for at least 30 days are entitled to five (5)
days of paid bereavement leave in the event of the death of a “family member A “family member”
means a spouse, domestic partner, child, stepchild, parent, grandparent, grandchild, sibling,
parent-in-law.
An employee may use vacation, personal leave, accrued and available sick leave, or
compensatory time off in order to provide for their compensation during any bereavement leave
in excess of five (5) days.
An employee who utilizes bereavement leave shall notify their supervisor or Department Head of
the intent to use such leave. Employees may use such leave on a non-consecutive basis in the
three (3) months that follow that date of death of the “family member.”
Any member may be allowed to be absent from duty for up to three (3) consecutive working days
without loss of pay because of the death of a member of member’s immediate family, per
occurrence. When circumstances require absence in excess of three (3) consecutive working
days, the City Manager may allow the use of accrued vacation, or accrued sick leave to
supplement the three (3) working days provided in this section. For the purpose of this section,
“immediate family” shall include the spouse or registered domestic partner, child (including stepchildren), parents (including step-parents and parents-in-law), siblings (including step-siblings
2026-2029
CITY OF RIDGECREST
Page 11
and siblings-in-law), grandparents (including grand parents-in-law), grandchildren and other
cohabitants living full-time in the same household as the member.
SECTION 19. LEAVES OF ABSENCE
The CITY provides family and medical care leave for eligible employees as required by State and
Federal law. Employees who misuse or abuse family and medical care leave may be disciplined
up to and including termination. Employees who fraudulently obtain or use CFRA leave are not
protected by the CFRA’s job restoration or maintenance of health benefits provisions. This Policy
is supplemented by the Federal Family and Medical Leave Act (“FMLA”), and the California Family
Rights Act (“CFRA”). Unless otherwise stated in this Policy, “Leave” means leave pursuant to the
FMLA and CFRA. Unless otherwise provided by law, the CITY will run each employee’s FMLA
and CFRA leaves concurrently.
Although family and medical care leave is unpaid, an employee may elect and the CITY will
require an employee to concurrently use all paid accrued leaves during family and medical care
leave as described below.
An employee may use any earned or accrued paid leave except sick leave for all or part of any
unpaid family and medical care leave. An employee is entitled to use sick leave concurrently with
family and medical care leave for the employee’s own serious health condition or that of the
employee’s parent, spouse, domestic partner or child.
If an employee takes a leave of absence for any purpose which also qualifies under both the
FMLA and CFRA, the CITY will designate that leave as running concurrently with the employee’s
12-week FMLA/CFRA leave entitlement.
Employees will continue to be covered by the CITY’s group health insurance for up to twelve (12)
weeks to the same extent that coverage is provided while the employee is on the job. If the
employee is disabled by pregnancy, coverage will continue up to four (4) months. If an employee
disabled by pregnancy also uses leave under the CFRA for baby-bonding, the CITY will maintain
her coverage while she is disabled by pregnancy (up to four [4] months or 17 1/3 weeks) and
during her CFRA leave (up to twelve [12] weeks).
Employees whose leave of absence extends beyond FMLA/CFRA leave are eligible to maintain
benefits under COBRA. Employees would pay the benefit premiums and a small administrative
fee for continuation of benefits.
SECTION 20. MILITARY LEAVE AND BENEFITS
Military leave will be granted in accordance with State and Federal law. An employee requesting
leave for this purpose shall promptly provide the department head with a copy of the military
orders specifying the dates, site and purpose of the activity or mission. Within the limits of such
orders, the department head may determine when the leave is to be taken and may modify the
employee’s work schedule to accommodate the request for leave.
SECTION 21. TUITION REIMBURSEMENT &EDUCATION INCENTIVE PAY
The purpose of this section is to encourage members to pursue courses of study or technical
training that will enable them to become more proficient in their jobs.
1.
ELIGIBILITY – All members.
2.
APPLICABILITY:
2026-2029
CITY OF RIDGECREST
Page 12
a)
The course or training must be directly applicable to the member’s current job
classification or related to a position to which the member might reasonably aspire within
CITY’s organizational structure, including management positions, as determined by the
City Manager.
b)
All coursework must be completed during non-working hours at no additional cost
to CITY.
3.
AUTHORIZATION:
a)
An eligible member participating in the reimbursement program must submit a
request and receive the corresponding approval for tuition/fee reimbursement from the
City Manager via the member’s Department Head for a course or training meeting the
above criteria, prior to registering for the course or training.
b)
All degree coursework must be from an educational institution currently accredited
by an accrediting organization recognized by the secretary of the U.S. Department of
Education.
c)
If approved by the City Manager, and upon successful completion of the course of
study with a satisfactory or better grade (e.g. letter grade of C or better on a scale of A-F,
grade of pass on a scale of pass-fail), the member will be reimbursed for 100% of
tuition/fee and/or books up to the maximum authorized amount.
d)
The member is responsible for the cost of all books, tuition, fees, and related
charges in excess of the reimbursement limit.
e)
The maximum annual reimbursement per member for approved coursework shall
be $1,250 for coursework in an Associate Degree program, $1,500 for a Bachelors degree
program $2,000 for a Masters Degree program and may be allocated to the specific cost
areas listed in the tuition reimbursement request approved by the City Manager and as
budget is available.
4.
EDUCATIONAL INCENTIVE: The purpose of the Educational Incentive is to encourage
the self-improvement through education and training of existing members in a way that enhances
the member’s value to CITY.
To be eligible to participate in the Educational Incentive program, members must comply with the
following requirement:
a)
Be a full-time permanent member of CITY staff and have passed the probationary
period.
b)
An eligible member participating in the Educational Incentive program must submit
a request and receive the corresponding approval from the City Manager via the member’s
Department Head.
c)
Schedule of Compensation:
(1)
Five percent (5%) of salary for any member acquiring an A.A., or any
certificate deemed by the City Manager as pertinent/beneficial to CITY. Acquiring
the degree/certificate must be at no cost to the City other than participation in the
tuition reimbursement program.
(2)
Five percent (5%) of salary for any member acquiring a relevant B.S., B.A.,
M.S., M.A. Acquiring the degree must be at no cost to the City other than
participation in the tuition reimbursement program.
2026-2029
CITY OF RIDGECREST
Page 13
(3)
Total Education Incentive shall not exceed ten percent (10%).
The parties agree that to the extent permitted by law, that this pay is described in Title 2 CCR,
Section 571 (a)(2) as education pay – a type of pensionable compensation for both Classic and
PEPRA members reported and paid on 26 pay periods.
It is understood by UNION that if the job description held by that member requires one of the
above, then that member shall not be eligible for the Education Incentive. Moreover, when
promoted to a position that requires one of the above, the Education Incentive will cease.
It is also understood that if a member uses the tuition reimbursement program, they still remain
eligible for the Educational Incentive Plan.
SECTION 22. BILINGUAL PAY
Employees who are proficient in a language other than English may be eligible for bilingual pay.
The City Manager shall solely determine whether a language is in demand within the community.
That language must be in demand within the community and members must pass a language
proficiency test administered by the Personnel Officer. Upon demonstration of proficiency in a
foreign language, the employee may receive bilingual pay as two and one-half percent (2.5%) of
base pay. Should an employee participate in a language course/s, those costs are not reimbursed
by the City.
The parties agree that to the extent permitted by law, that this pay is described in Title 2 CCR,
Section 571 (a)(4) as special assignment pay – a type of pensionable compensation for both
Classic and PEPRA members reported and paid on 26 pay periods.
SECTION 23. OVERTIME
Authorized overtime categories include 1) planned overtime and 2) emergency overtime. Planned
overtime must be authorized by the member’s supervisor prior to the overtime being worked.
Emergency overtime shall comply with all rules and procedures and must be unplanned
nonrecurring such that the member could not have reasonably foreseen the circumstance(s)
necessitating the overtime. The member’s supervisor and/or the Personnel Officer shall be
consulted as soon as reasonably possible. Members who work planned or emergency overtime
shall be paid at the rate of one-and-one-half times their regular rate of pay for hours worked in
excess of forty (40) hours during the work week. Hours worked are defined as any paid time,
including regular hours worked, compensatory time, vacation, sick leave or floating holiday.
Overtime will not be paid on the same day that paid leave time is taken.
At the sole discretion of member, member may elect to receive compensatory time off in lieu of
overtime pay. Compensatory time shall be accrued at the rate of time-and-one-half of the time
worked, up to a maximum of eighty (80) hours, and may be taken upon approval by the
Department Head with due regard for the wishes of the member.
SECTION 24. SALARY SCHEDULE
2026-2029
CITY OF RIDGECREST
Page 14
Union employees shall be compensated in accordance with the published Salary Schedule,
attached here as EXHIBIT “A” also available to view on the city’s website.
Reference: https://www.ridgecrest-ca.gov/400/Salary-Schedule
SECTION 25. SAFETY SHOE ALLOWANCE AND TOOL ALLOWANCE
The CITY will pay a safety shoe allowance of three hundred dollars ($300.00) annually to each
member required to wear safety shoes for purchase of same and authorized by department
supervisor. Each Department Head will forward a list of members that require safety shoes to
Personnel Officer. This payment will be made in the regular paycheck the second (2nd) pay period
in July.
The CITY will pay a tool allowance of three hundred dollars ($300.00) annually to each member
required to provide his or her own tools on the job including the classification of Fleet Mechanic.
This payment will be made on the regular paycheck the second (2nd) pay period in July.
SECTION 26. UNIFORM ALLOWANCE
Designated Employees:
The CITY shall provide uniforms, or uniform service, to each employee required by the CITY to
be “uniformed”. Employees designated as “uniformed” are those required to wear uniforms as a
condition of employment. In addition, the CITY will pay the cost for cleaning uniforms through the
designated service.
PERS Reporting shall be as follows: The CITY shall report to PERS the cost of uniforms, for
employees required by the CITY to be uniformed and who are Classic Members of PERS. The
cost of uniforms for reporting purposes shall be eleven dollars and fifty-four cents ($11.54) of
compensation earnable per pay period.
SECTION 27. CELL PHONE ALLOWANCE
The City shall provide an annual cellular phone allowance of two hundred dollars ($200) to each
UNION represented employee who is assigned duties without regular access to a desk computer
and who are required to use a personal cellular phone for work-related purposes The allowance
shall be paid on the employee’s second paycheck issued in July of each year.
SECTION 28. HEALTH BENEFITS
Effective January 1, 2025, the City will contribute to the cafeteria program for each employee
enrolled in the City sponsored CalPERS Health Plan:
Table #1
Monthly
2026-2029
Tier 1
Tier 2
Tier 3
Tier 4
No Med
Emp.
Emp. + 1
Emp. + 2 +
$0
$890
$1473.16
$1881.40
CITY OF RIDGECREST
Page 15
The employee, through authorized payroll deduction, shall contribute any additional required
premium. Employees hired after July 1, 2021, who elect not to enroll in the city sponsored
CalPERS Health Plan, shall receive a cash out of $400 per month upon evidence semiannually
of enrollment in a major medical insurance plan.
Employees hired before July 1, 2021, who elect not to enroll in the City sponsored CalPERS
Health Plan, shall receive a cash out of $450 per month upon evidence semiannually of enrollment
in a major medical insurance plan.
Effective January 1, 2027 the City agrees to increase the monthly cafeteria plan contribution by
up to Two Hundred Dollars ($200.00) per month, not to exceed the amount of any increase in the
out-of-pocket premium cost for employee-only (Tier 2) medical insurance coverage.
By way of example, if the employee-only premium increases by $200.00 above the current
cafeteria contribution amount, the City contribution shall increase by the amount of that overage.
Any premium costs exceeding the City’s contribution increase shall remain the responsibility of
the employee.
Example: there is an approximate Sixty Dollar ($60.00) difference between the current cafeteria
contribution and the employee-only insurance premium. Should the employee-only premium
increase by an additional Eighty Dollars ($80.00), the employee out-of-pocket cost would total
approximately One Hundred Forty Dollars ($140.00). In such event, the cafeteria contribution
would be increased by One Hundred Forty Dollars ($140.00) per month and would apply equally
to all participating employees, including those enrolled in single, employee plus one, and family
coverage plans.
SECTION 29. PAYMENT FOR STANDBY TIME
Upon the request of the Department Head, and with the approval of the City Manager, any
member required to be on standby and available for work during hours other than their normal
work shift, shall be paid two (2) hours regular rate for scheduled days off, including holidays and
one (1) hour regular rate for normal work days. It is understood that those members on standby
time shall be required to be accessible by telephone or other method as determined by the City
Manager and shall be able to respond within thirty (30) minutes after being notified.
SECTION 30. PAYMENT FOR CALL-OUT TIME
Any member who is called out for work by authorized CITY personnel after normal working hours
shall be paid a minimum of two (2) hours overtime pay. A member called out for service will be
paid for fifteen (15) minutes travel time to arrive at the required destination. Any travel time in
excess of fifteen (15) minutes will not be charged to the two (2) hours minimum call out and is
unpaid.
SECTION 31. LAYOFF PROCEDURE
If the City Manager determines for workload, budgetary or other reasons, positions within the
bargaining unit must be eliminated, CITY will notify the affected member. Members shall be laid
off in the inverse order of their seniority. Members have the right, if their position is to be
eliminated, to assume the position of a less senior member (seniority shall be determined by
continuous service time with the CITY) of the bargaining unit in their current job classification or
in any other former job classification within the bargaining unit in which the member has
2026-2029
CITY OF RIDGECREST
Page 16
satisfactorily worked. The salary of a member who assumes the position of a less senior member
shall be paid within the range of the job classification where they are placed and at the rate closest
to the previously held step but no higher than the highest step in the job classification’s pay range
where they are placed.
Members who have received a satisfactory or better evaluation for the twelve (12) months prior
to position elimination shall automatically be placed on a reemployment list for one (1) year. The
list shall be used when a vacancy arises in the same or lower classification and before selection
is made from a previously established eligibility list.
In the event of member layoffs, CITY agrees to notify UNION a minimum of thirty (30) days prior,
or as soon as practical, of the pending decision and consider alternatives proposed by UNION.
The impacts of CITY’s decision shall be subject to the meet and confer process.
SECTION 32. OFFICIAL PERSONNEL FILES
The official personnel file for each member is maintained by CITY or its designee under the
direction of the Personnel Officer. All official documents pertinent to member’s employment
relationship with CITY such as applications, performance evaluations, commendations and
corrective action, shall be maintained in the official personnel file. Any material in the official
personnel file will be made available to the member upon request. It shall be the right of the
member to submit a written response to the Personnel Officer to be attached to any evaluation or
disciplinary memorandum included in the official personnel file. Official personnel files are
considered confidential and access shall be limited. The CITY additionally agrees that no adverse
comments will be placed in a member’s official personnel file without the knowledge of the
member. If the member refuses to acknowledge the placement of said article in member’s official
personnel file, the Personnel Officer, upon the signature of one other witness, will attest that the
member had knowledge of the item to be placed into the official personnel file and the item will
still be placed accordingly.
CITY and UNION agree that official personnel files contain confidential information and further
agree that preserving member privacy is of utmost importance. CITY shall convey this message
to any designee authorized to access these files and shall direct designee to maintain the highest
levels of confidentiality.
Any member may review his or her own official personnel file or authorize, in writing, its review
by a designated representative during normal working hours with three (3) days notice and may
make a copy of the material contained therein at no charge to member.
PURGING OF PERSONNEL FILES:
a)
Letters of reprimand not involving suspension or demotion may be removed from
the official personnel file two (2) years from date of letter providing that no good cause
exists for their continuation (e.g. pending litigation, etc.). Any subsequent
occurrence/reoccurrence of the same or similar offense within two (2) years of the original
letter shall cause the preceding letter to be retained in the official personnel file until the
subsequent related letter is removed.
b)
The removal, by the Personnel Officer, of letters that are not automatically
removed under the previous section may be requested by the member after the letter has
been retained in the official personnel file for a period of not less than four (4) years. In
the event that the request is denied by the Personnel Officer, the member may appeal that
decision to the City Manager whose decision shall be final.
2026-2029
CITY OF RIDGECREST
Page 17
SECTION 33. USE OF KERR MCGEE CENTER FACILITIES
Each member, the member’s spouse, and dependent children shall be permitted to use the Sgt.
John Pinney Aquatics Center and the Kerr McGee physical activity facility during regular operating
hours at no charge, providing that said activity is not being directed by an instructor for which a
special fee is being charged of others and no additional cost is incurred by CITY. The City also
provides a 20% discount for City ran programs (Day Camp, Soccer, Basketball and Flag Football
programs only).
SECTION 34. SEVERABILITY CLAUSE
In the event any Article, Section, or portion of this Memorandum of Understanding should be held
invalid and unenforceable in any court of competent jurisdiction, such decision shall apply only to
the specific Article, Section, or portion thereof specified in the court’s decision, and upon issuance
of such a decision, CITY and UNION agree to immediately meet and confer upon a substitute for
the invalidated Article, Section or portion.
SECTION 35. GRIEVANCE PROCEDURE
PURPOSE OF GRIEVANCE PROCEDURE:
a)
To promote improved employer-employee relations.
b)
To provide that grievance shall be settled as near as possible to point of origin.
STEP 1 – INFORMAL GRIEVANCE PROCEDURE: Whenever possible, a member who has a
complaint should try to solve the problem through informal discussion with his/her supervisor
without delay, no later than ten (10) days after the event giving rise to the complaint. The
immediate supervisor shall make whatever investigation necessary and reply within five (5) days.
A UNION representative may meet with a designated representative of CITY in an informal
attempt to resolve the matter. It is understood that members have the right to request UNION to
represent them in any formal or informal grievance.
STEP 2: If the grievance is not settled in Step 1, the grievance shall be submitted in writing by
the member and union, fully stating the facts surrounding the grievance and detailing the specific
provisions of this agreement alleged to have been violated within ten (10) days following the
receipt of a reply under Step 1 or within ten (10) days from the date a step one response was due
to the employee/UNION. The written grievance shall be signed and dated by member and UNION.
The appropriate CITY representative shall, within ten days following receipt of the grievance,
convene a meeting to be held at a mutually agreeable location and time to review and discuss
the grievance. CITY shall render a decision no more than five (5) days following the date of such
meeting.
2026-2029
CITY OF RIDGECREST
Page 18
Time limits as set forth above may be extended by mutual agreement between the parties, but
entering into extension agreements shall be voluntary for the parties.
The grievance procedure is not intended to be used to affect changes in the established salary
and fringe benefits.
STEP 3: The affected member(s) and UNION may appeal the management decision to the City
Manager within ten (10) days following the receipt of a reply under Step 2 or within ten (10) days
from the date a Step 2 response was due to the employee/UNION. Upon receipt of the appeal by
the City Manager, he/she or his/her designee shall discuss the grievance with the member and
union. The City Manager shall issue a written decision to the parties within twenty (20) days after
receiving the appeal. If the member does not agree with the decision reached, or if no answer
has been received within twenty (20) days, the member may appeal to the arbitration step, Step
4, within ten (10) days of receipt of the decision.
STEP 4: If no resolution of the grievance is reached in Step 3, either party may request the
appointment of an arbitrator. The arbitrator shall be given copies of the contract, the grievance,
responses, requests of appeals to Step 3 and the positions of the parties on the issues.
The arbitrator shall be chosen from the list of names requested and received from the State
Mediation and Conciliation by CITY and UNION by mutual agreement upon one name. The
parties shall have the right to present evidence in support or defense on the issues. The arbitrator
shall be asked to render a written opinion, which shall be binding on the parties unless otherwise
agreed. The cost of the arbitrator and court reporter, if any, shall be borne equally by the parties.
The parties may mutually agree at any time to waive the time limits for the steps of the procedure.
SECTION 36. CONTRACTING OUT
In the absence of exigent circumstances, if CITY exercises its management right to contract out
work performed by members, CITY agrees to notify UNION a minimum of thirty (30) days prior to
requesting a contract proposal or as soon as practical and, upon request of UNION, meet to
discuss the rationale and receive input from UNION affecting the decision. If no successful
resolution has been reached, UNION retains the right to express their concerns and provide their
input directly to the City Council.
No contractor shall be hired to perform work within the scope of a furloughed member until or
unless that member has been given the opportunity to work a forty (40) – hour week.
In accordance with the provisions herein, contractors shall be encouraged to hire qualified
members displaced as a result of CITY decision to contract out.
SECTION 37. RE-OPENER
Upon the request of either party, the parties agree to reopen the Memorandum of Understanding
to discuss modifications to salary and/or the health benefits plan in January 2027, January 2028
and January 2029.
2026-2029
CITY OF RIDGECREST
Page 19
APPROVED:
APPROVED:
FOR THE EMPLOYER:
FOR THE UNION:
CITY OF RIDGECREST
UNITED FOOD & COMMERCIAL
WORKERS UNION 8-GOLDEN STATE
TRAVIS REED
RIDGECREST CITY MANAGER
JACQUES LOVEALL, PRESIDENT
INTERNATIONAL VICE PRESIDENT
BY _____________________________
BY _____________________________
DATE
DATE
2026-2029
CITY OF RIDGECREST
Page 20
EXHIBIT “A”
SALARY SCHEDULE
Effective on July 1, 2026
POSITION TITLE
Assistant Planning Technician
Associate Planning Technician
Code Enforcement Officer
Community Dev Technician
Engineer I
Engineer II
Fleet Mechanic I
Fleet Mechanic II
Fleet Mechanic III
Maintenance Worker I
Maintenance Worker II
Maintenance Worker III
Police Clerk
Senior Code Enforcement Officer
Traffic Engineer
Transit Driver
Wastewater Inspector
Wastewater Operator I
Wastewater Operator II
Wastewater Operator III
Wastewater Trainee
2026-2029
GRADE
Min
Max
STEP 1
STEP 2
STEP 3
STEP 4 STEP 5 STEP 6
2201 4,226.68 5,394.43
24.3847
25.6039
26.8841 28.2283 29.6397 31.1217
3265 4,846.90 6,186.02
27.9629
29.3610
30.8291 32.3706 33.9891 35.6886
3221 4,618.10 5,893.99
26.6429
27.9750
29.3738 30.8425 32.3846 34.0038
2201 4,226.68 5,394.43
24.3847
25.6039
26.8841 28.2283 29.6397 31.1217
2280 5,592.11 7,137.14
32.2622
33.8753
35.5691 37.3476 39.2150 41.1758
2285 6,445.89 8,226.78
37.1878
39.0472
40.9996 43.0496 45.2021 47.4622
2245 4,064.23 5,187.10
23.4475
24.6199
25.8509 27.1434 28.5006 29.9256
3245 4,503.39 5,747.59
25.9811
27.2802
28.6442 30.0764 31.5802 33.1592
3145 4,964.99 6,336.74
28.6442
30.0764
31.5802 33.1592 34.8172 36.5581
2150 3,225.68 4,116.89
18.6097
19.5402
20.5172 21.5431 22.6203 23.7513
2170 3,556.31 4,538.87
20.5172
21.5431
22.6203 23.7513 24.9389 26.1858
3183 3,920.83 5,004.10
22.6202
23.7512
24.9388 26.1857 27.4950 28.8698
3150 3,528.96 4,503.96
20.3594
21.3774
22.4463 23.5686 24.7470 25.9844
3321 4,952.15 6,320.34
28.5701
29.9986
31.4985 33.0734 34.7271 36.4635
3295 6,431.83 8,208.82
37.1067
38.9620
40.9101 42.9556 45.1034 47.3586
2140 3,949.40 5,040.55
22.7850
23.9243
25.1205 26.3765 27.6953 29.0801
2185 4,096.09 5,227.77
23.6313
24.8129
26.0535 27.3562 28.7240 30.1602
2195 4,039.79 5,155.92
23.3065
24.4718
25.6954 26.9802 28.3292 29.7457
2215 4,338.88 5,537.64
25.0320
26.2836
27.5978 28.9777 30.4266 31.9479
3270 5,040.34 6,432.89
29.0789
30.5328
32.0594 33.6624 35.3455 37.1128
2175 3,847.43 3,847.43
22.1967
CITY OF RIDGECREST
Page 21
EXHIBIT “B”
VACATION SCHEDULE
FOR MEMBERS OF UFCW 8-GOLDEN STATE
NO. OF YEARS
EMPLOYED
0-4
5-9
10-14
15-19
20+
RATE OF ACCRUAL IN
HOURS PER PAY PERIOD
3.08
4.62
6.16
7.70
8.00
HOURS/YEAR
80
120
160
200
208
MAXIMUM
ACCRUAL
160
240
320
400
416
EXHIBIT “C”
ADVANCEMENT STEP RANGE
Step 2 Five percent (5%) salary increase after one-year satisfactory service in step 1.
Step 3 Five percent (5%) salary increase after one-year satisfactory service in step 2.
Step 4 Five percent (5%) salary increase after one-year satisfactory service in step 3.
Step 5 Five percent (5%) salary increase after one-year satisfactory service in step 4.
Step 6 Five percent (5%) salary increase after one-year satisfactory service in step 5.
2026-2029
CITY OF RIDGECREST
Page 22
6
This Page Intentionally Left Blank
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: Amend The Authorized City Signer For The AHSC Program
PRESENTED BY: Travis Reed, City Manager
SUMMARY
Staff requests Council authority for City Manager Travis Reed to execute documents for the
AHSC Program. Concurrent with the agreement, this will allow the city to receive the 5.2
million dollars authorized.
FISCAL IMPACT: $0.00
ACTION REQUESTED:
That Travis Reed, City Manager, is authorized to execute in the name of the City of
Ridgecrest, (“Applicant”) any and all AHSC Program documents as required by the
Department of Housing and Community Development for the continued participation in the
AHSC Program.
CITY MANAGER’S RECOMMENDATION: Action as Requested
Submitted by: Travis Reed
Action Date: August 5th, 2026
This Page Intentionally Left Blank
RESOLUTION NO. 26-Xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIDGECREST,
AMENDING RESOLUTION 2020-06 CONCERNING THE AFFORDABLE HOUSING
SUSTAINABLE COMMUNITIES PROGRAM
WHEREAS, On January 15th, 2020 the City Council adopted resolution 2020-06
permitting city staff to apply for funding through the Affordable Housing Sustainable
Communities Program (“AHSC”); and
WHEREAS, pursuant to the requirements of the program, Resolution 2020-06
authorized Ronald Strand, City Manager at the time, to execute all documents necessary to
participate in the program; and
WHEREAS, the program is ongoing; and
WHEREAS, documents still require execution by an authorized City representative; and
WHEREAS, Mr. Strand is no longer employed by the City; and
WHEREAS, staff requests to delegate authority to sign for the program to the current City
Manager, Travis Reed; and
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest hereby:
That Travis Reed, City Manager, is authorized to execute in the name of the City of
Ridgecrest, (“Applicant”) any and all AHSC Program documents as required by the
Department of Housing and Community Development for the continued participation in the
AHSC Program.
APPROVED AND ADOPTED this 5th day of August, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Travis Endicott, Mayor
ATTEST:
_______________________
Ricca Charlon
City Clerk
This Page Intentionally Left Blank
7
This Page Intentionally Left Blank
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: A Resolution Approving The Project List For Fiscal Year 2026-2027 For The
California State Of Good Repair (SGR) Program For The Following Project: Electric Cutaway
Purchase
PRESENTED BY: Sergio Covarrubias, Transit Administrator
SUMMARY:
The Road Repair and Accountability Act of 2017, Senate Bill (SB) 1 (Chapter 5, Statues of
2017), signed by the Governor on April 28, 2017, includes a program that provides additional
revenues for transit infrastructure repair and service improvements. This investment in public
transit will be referred to as the State of Good Repair Program.
The Transit Division has an estimated allocation of twenty-seven thousand, four hundred and
seven dollars ($27,407.00) from the State of Good Repair Program.
It is the recommendation of staff that these funds be used in conjunction with future allocated
State of Good Repair funds to replace one or more current 29-foot, gasoline-powered
cutaway buses with a battery electric cutaway bus. The replacement vehicle is more suited
to meet current service demands and is in line with state requirements that transit services
begin transitioning to zero emission vehicles beginning in 2026 and being fully transitioned
by 2040. Vehicles purchased prior to the 2026 milestone will be counted towards required
zero emission purchasing ratios.
Additionally, the battery electric vehicle transition, and the Corporation yard solar power
project, currently completed will reduce Transit Division expenditures, and, reduce funds
required for matching funds needed to supplement the required farebox recovery ratios.
FISCAL IMPACT: Provides $27,407 in state funding for capital projects within the Transit
Division.
ACTION REQUESTED: Approve a Resolution Approving the Project List for Fiscal Year
2026-2027 For the California State of Good Repair (SGR) Program for the following project:
Electric Cutaway Purchase
CITY MANAGER’S RECOMMENDATION:
Submitted by: Sergio Covarrubias, Transit Administrator
Action Date: August 5th, 2026
This Page Intentionally Left Blank
City of Ridgecrest
RESOLUTION 26-XX
APPROVING THE PROJECT LIST FOR FISCAL YEAR 2026-2027
FOR THE CALIFORNIA STATE OF GOOD REPAIR PROGRAM:
ELECTRIC CUTAWAY PURCHASE
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017,
established the State of Good Repair (SGR) program to fund eligible transit maintenance,
rehabilitation and capital project activities that maintain the public transit system in a state of
good repair; and,
WHEREAS, SGR funds are allocated by the Kern Council of Governments; and,
WHEREAS, the City of Ridgecrest’s share of SGR funds for fiscal year 2026-2027 is
estimated to be $27,407.00; and,
WHEREAS, these SGR funds will be used in the future for the purchase of an electric
cutaway bus; and,
WHEREAS, in order to qualify for these funds, the City of Ridgecrest is required to
submit a proposed project list to California Department of Transportation (Caltrans) on an annual
basis.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest
hereby:
1. Approves the aforementioned project as the SB1 State of Good Repair Project List for FY
2026-2027; and
2. Agrees to comply with all conditions and requirements set forth in the Certification and
Assurances document and applicable statutes, regulations and guidelines for all SGR.
3. Authorizes the Transit Administrator to submit a request for Scheduled Allocation of the
State of Good Repair funds and to execute the related grant applications, forms and
agreements.
ADOPTED, AND APPROVED, this 5th day of August 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Travis Endicott, Mayor
ATTEST:
______________________
Ricca Charlon, City Clerk
This Page Intentionally Left Blank
8
This Page Intentionally Left Blank
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: Discussion And Proposed Action To Approve A Resolution Designating A Voting
Member And Alternate(s) To Attend The League Of California Cities Annual Conference And
Represent The City Of Ridgecrest
PRESENTED BY: Ricca Charlon, CMC - City Clerk
SUMMARY:
The League’s 2026 Annual Conference is scheduled for September 23-25, 2026 in Anaheim,
Ca.
An important part of the Annual Conference is the Annual Business Meeting (during General
Assembly). At this meeting, the League membership considers and takes action on
resolutions that establish League policy.
In order to vote at the Annual Business Meeting, the City Council must designate a voting
delegate. The City may also appoint up to two alternate voting delegates, one of whom may
vote in the event that the designated voting delegate is unable to serve in that capacity
Council will discuss and select a voting delegate and alternate voting delegates to serve as
our voice at the League of California Cities annual business meeting.
FISCAL IMPACT: None
ACTION REQUESTED: Approve a resolution designating a voting delegate and alternate
voting delegate(s) to attend the annual business meeting of the League of California Cities.
CITY MANAGER’S RECOMMENDATION:
Submitted by:
Ricca Charlon
Action Date: August 5, 2026
This Page Intentionally Left Blank
RESOLUTION NO. 26-Xx
A RESOLUTION OF THE RIDGECREST CITY COUNCIL DESIGNATING
VOTING DELEGATES AND ALTERNATES FOR THE LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE
WHEREAS, the League of California Cities hosts an Annual Conference; and,
WHEREAS, business meetings and actions occur at this conference; and,
WHEREAS, the conference will be held September 23-25, 2026 in Anaheim, Ca;
and,
WHEREAS, the City Council must approve voting delegates by adoption of
resolution.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Ridgecrest hereby
designates Council Member _________________ as the voting delegate and appoints
__________________ as the first alternate voting delegate.
APPROVED AND ADOPTED, this 5th day of August, 2026 by the following vote:
AYES:
NOES:
ABSENT:
Travis Endicott, Mayor
ATTEST:
Ricca Charlon, CMC
City Clerk
This Page Intentionally Left Blank
9
This Page Intentionally Left Blank
RIDGECREST CITY COUNCIL/SUCCESSOR REDEVELOPMENT AGENCY/
HOUSING AUTHORITY/FINANCING AUTHORITY AGENDA ITEM
STAFF REPORT
SUBJECT: A Resolution Of The Ridgecrest City Council Approving A Professional Services
Agreement For The Evaluation Of The Wastewater Treatment Plant Digester Roof
PRESENTED BY: Terry Roberts, Public Works Director
Summary:
The digesters of the current wastewater treatment plant are over 70 years old and have exceeded
their design life. The roof of digester #2 has substantial corrosion and deterioration of the roof,
support members, and associated equipment. There is concern the digester will not remain reliable
until the new treatment plant is constructed. (Earliest completion of the new plant is estimated to be
spring 2030.)
City Staff requested a proposal from Ardurra to assess the conditions and provide recommendations
for rehabilitation of the roof. (Ardurra, formerly MKN & Associates, Inc., is the consultant providing
the professional services for the design and related services of the new plant.)
Ardurra provided a proposal, 6 July 2026, of $67,864.00 for the assessment and recommendations.
(This does not include separate follow-on efforts for the design and construction of the repairs to the
digester.)
Staff recommends the City accept the proposal and enter into an agreement with Ardurra for the
assessment and recommendations.
Staff recommends funds be transferred from the Wastewater Enterprise Fund Reserves to
310.45.4502.5101.000 (Treatment - Professional Services – Others). The amount to be transferred
is $71,000.00, the proposal amount plus an approximate 5% contingency.
Attachments:
1. Photos
2. Ardurra Proposal of 6 July 2026
FISCAL IMPACT: $71,000.00 from Wastewater Enterprise Fund Reserves to be transferred to
310.45.4502.5101.000 and be used to fund this agreement, plus contingency.
ACTION REQUESTED:
1. Approve this resolution to enter into a professional services agreement with Ardurra to
assess the conditions of and provide recommendations for rehabilitation of digester #2.
2. Authorize the City Manager to execute a contract with Ardurra in content and format
approved by the City Attorney and City Manager.
CITY MANAGER RECOMMENDATION: Action as Requested
Submitted by: Terry Roberts
Action Date: August 5, 2026
This Page Intentionally Left Blank
RESOLUTION NO. 26-xx
A RESOLUTION OF THE RIDGECREST CITY COUNCIL APPROVING A
PROFESSIONAL SERVICES AGREEMENT FOR THE EVALUATION OF THE
WASTEWATER TREATMENT PLANT DIGESTER ROOF
WHEREAS, the roof of digester #2 of the wastewater treatment plant is deteriorating and
may need rehabilitation before the new treatment plant is constructed; and
WHEREAS, an assessment of the conditions and recommendations for rehabilitation
need to be prepared; and
WHEREAS, Ardurra is providing professional services for the design of the new plant,
and provided a proposal in the amount of $67,864.00 to perform the assessment and
recommendations; and
WHEREAS, City Staff reviewed the proposal and determined it to be accurate and
reasonable; and
WHEREAS, City Staff recommends $71,000.00 be transferred from the Wastewater
Enterprise Fund Reserves to 310.45.4502.5101.000 to fund the proposal and an approximate
5% contingency; and
WHEREAS, City Staff recommends the award of a professional services agreement to
Ardurra to perform the assessment and recommendations.
NOW, THEREFORE, BE IT RESOLVED,
1. Authorizes the award of a Professional Services Agreement to Ardurra for the
assessment of the conditions and recommendations for rehabilitation of digester #2 in
the amount of $67,864.00.
2. Authorizes the Finance Director to make the transfer of $71,000.00 to fund the
agreement of $67,864.00 and the contingency of $3,136.00.
3. Authorize the City Manager to execute a contract with Ardurra in content and format
approved by the City Attorney and City Manager.
4. Authorizes Staff to create a purchase order in the amount of $67,864.00 for said
services.
APPROVED AND ADOPTED this 5th day of August 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Travis Endicott, Mayor
ATTEST:
Ricca Charlon, CMC, City Clerk
This Page Intentionally Left Blank
Wastewater Digester #2
Digester #2 lid.
Corroded steel lid and structure.
Sludge leaking through on right.
Sludge leaking through lid at various locations.
Corroded steel digester lid and structure.
Corroded manhole access pipe nearly detached from digester lid.
Another view.
Digester lid separating from the outer ring of the lid.
07/06/2026
Travis Reed
City of Ridgecrest – City Manager
100 W. California Avenue
Ridgecrest, CA 93555
(Submitted Electronically to [email protected])
Re: Subject Digestor No. 2 Roof Replacement
Dear Travis,
Ardurra is pleased to submit this proposal to the City of Ridgecrest (City) for engineering services
associated with the evaluation of existing conditions and development of rehabilitation recommendations
for Digester No. 2 at the City’s wastewater treatment plant (WWTP).
Project Background
The City is nearing completion of the design of a new wastewater treatment plant that will replace the
existing aging facility. The existing WWTP is anticipated to be decommissioned and demolished following
construction and commissioning of the new plant. As a result, the City has appropriately limited major
capital improvements and rehabilitation investments at the existing facility.
The existing WWTP consists of headworks facilities, primary sedimentation tanks, facultative oxidation
ponds, and evaporation/percolation ponds. Primary sludge generated during treatment is stabilized in
two anaerobic digesters before being dewatered and dried on unlined solar drying beds. The sludge
treatment process relies on two 40-foot-diameter anaerobic digesters equipped with floating covers.
Digester gas is utilized to fuel a hot-water heat exchanger system that maintains digester operating
temperatures and supports sludge stabilization.
The digesters have exceeded their original design life and exhibit significant signs of deterioration. In
particular, Digester No. 2 has experienced substantial corrosion of the floating roof, support members,
and associated appurtenances. City staff has observed advanced deterioration of the roof structure and
associated components, raising concerns regarding the digester's ability to remain in reliable service until
the replacement WWTP becomes operational.
354 PACIFIC STREET | SAN LUIS OBISPO, CA 93401 | 805.329.4773 | www.ardurra.com
Travis Reed – City of Ridgecrest
Digester No. 2 was originally constructed as an Imhoff tank and later converted to anaerobic digester.
Imhoff tanks were historically designed to combine primary sedimentation and sludge digestion within a
single structure. Due to the age of the facility and the observed deterioration of the floating roof system,
the City is concerned that Digester No. 2 may not remain operational through completion of the new
WWTP without targeted rehabilitation.
To support evaluation of rehabilitation alternatives, Ardurra will complete a comprehensive condition
assessment of Digester No. 2 to identify deficiencies that may affect continued operation and determine
the improvements necessary to support installation of a replacement cover system. The assessment will
evaluate the condition of the concrete tank structure, structural steel components, gas collection and
venting systems, piping, appurtenances, and associated process equipment. The findings will be used to
develop practical and cost-effective rehabilitation recommendations that provide the level of reliability
needed to support continued operation of the digester through the anticipated four-year period required
to design, construct, and commission the replacement WWTP. If the City determines that completion of
the new WWTP may extend beyond the current schedule, Ardurra can also evaluate and develop longterm rehabilitation alternatives to further extend the service life and reliability of Digester No. 2.
Scope of Work
TASK GROUP 100
TASK 101
Project and Quality Management
Project Management
Ardurra will provide comprehensive project and quality management services throughout the duration
of the Project. The Project Manager (PM) will lead and coordinate all aspects of the work to facilitate
successful project delivery in accordance with the established scope, schedule, budget, and quality
objectives.
Project management activities will include schedule oversight, budget tracking, coordination of milestone
deliverables, management of subconsultants, submission of invoices, and coordination of internal and
external project communications. The PM will serve as the primary point of contact and will work closely
with City staff throughout the Project.
TASK 102
Meetings and Workshops
Ardurra’s Project Manager will facilitate meetings at key project milestones. The Project will begin with a
Kickoff Meeting attended by City staff and key members of the Ardurra team, including the Project
Manager, Project Engineer, and condition assessment specialists. The purpose of the meeting will be to
establish project goals, review available information, discuss project constraints, and confirm expectations
for project execution.
Project status updates will be incorporated into the regularly scheduled bi-weekly coordination meetings
between Ardurra and City staff. These discussions will include project progress, budget status, schedule
Digestor No. 2 Roof Replacement | 2
Travis Reed – City of Ridgecrest
updates, data needs, upcoming deliverables, and any changes affecting the scope or execution of the
work.
Following completion of major deliverables, review meetings will be conducted to present findings,
discuss recommendations, and confirm the approach for subsequent phases of work.
TASK 103
Quality Control
Ardurra will implement its established Quality Assurance/Quality Control (QA/QC) Program throughout
the Project. The QA/QC process includes independent technical reviews performed by qualified personnel
not directly involved in preparation of the work product. The review process incorporates disciplinespecific checklists and documented procedures to ensure technical accuracy, consistency, and
completeness.
QA/QC documentation will be maintained and made available to the City upon request.
Deliverables:
•
Kickoff Meeting agenda, presentation, and final meeting minutes.
•
Project schedule (baseline and monthly updates in Microsoft Project and PDF).
•
Bi-weekly status updates
•
Monthly invoices including:
•
o
Invoice summary block (Invoice #, PO #, GL string, etc.).
o
Subconsultant invoices (as applicable).
o
Out-of-scope work request documentation (when applicable).
All submittals will be provided in both searchable PDF and native file formats.
Assumptions:
•
The City will provide available record drawings, as-built drawings, reports, and operational
data.
TASK GROUP 200
Pre-Design Phase Services
Following the project kickoff meeting, Ardurra will collect available data from the City, complete a
condition assessment of the digestor, and submit two separate technical memoranda (TM) summarizing
the condition assessment and recommendations. All final submittals will incorporate City feedback.
TASK 201
Condition Assessment
Ardurra will conduct a comprehensive condition assessment of Digester No. 2 to evaluate its structural,
mechanical, and operational condition and identify deficiencies that may affect continued operation or
installation of a replacement cover system. The assessment team will include Ardurra engineers as well as
corrosion and concrete specialists to provide a multidisciplinary evaluation of the digester and associated
infrastructure.
Digestor No. 2 Roof Replacement | 3
Travis Reed – City of Ridgecrest
Prior to the site visit, Ardurra will review available record drawings, operational data, maintenance records,
and previous reports. During the site visit, the team will perform a visual inspection of accessible portions
of the digester and associated facilities, including:
•
Existing floating roof and roof support system.
•
Structural steel members, connections, and miscellaneous metals.
•
Concrete tank walls, slabs, and other structural components.
•
Influent and effluent piping, valves, and appurtenances.
•
Digester gas collection, venting, and associated piping systems.
•
Access platforms, ladders, railings, and safety features.
•
Mechanical and process equipment supporting digester operations.
•
Existing corrosion protection systems and areas exhibiting active deterioration.
The corrosion specialist will evaluate the extent and severity of corrosion affecting the roof, structural
steel, piping, and appurtenances, while the concrete specialist will evaluate the condition of the concrete
structure for signs of deterioration, cracking, spalling, and corrosion-related distress. Ardurra will
document observations through field notes and photographs and assess the suitability of the existing
structure and equipment to support a replacement cover system and continued operation through
commissioning of the new WWTP.
In addition, Ardurra will evaluate operational constraints, available storage capacity, and temporary
operational alternatives that may be utilized during future rehabilitation activities and roof replacement.
The findings of the assessment will provide the basis for developing rehabilitation alternatives and
recommendations presented in subsequent project deliverables.
TASK 202
Condition Assessment Summary Technical Memorandum
Ardurra will prepare a Condition Assessment Summary Technical Memorandum (TM) documenting the
results of the site investigation and condition assessment of Digester No. 2. The TM will summarize
existing conditions, identified deficiencies, and the overall condition of the digester's structural,
mechanical, and process components, including the floating roof, structural steel, concrete tank structure,
gas collection system, piping, and associated appurtenances.
The TM will incorporate findings from the corrosion and concrete specialists and evaluate the extent of
deterioration, structural concerns, and factors affecting continued operation of the digester. The
memorandum will also assess the suitability of the existing structure to support a replacement cover
system and identify repairs or improvements necessary to maintain reliable operation until
commissioning of the new WWTP.
Digestor No. 2 Roof Replacement | 4
Travis Reed – City of Ridgecrest
The TM will include photographs, field observations, key findings, and recommended actions that will
serve as the basis for development of rehabilitation alternatives in the subsequent Rehabilitation
Recommendations Technical Memorandum.
TASK 203
Rehabilitation Recommendation Technical Memorandum
Following review of the Condition Assessment Summary TM, Ardurra will prepare a Rehabilitation
Recommendations TM evaluating alternatives for restoring functionality and extending the serviceability
of Digester No. 2.
The evaluation will include consideration of:
•
Roof replacement alternatives.
•
Structural rehabilitation requirements.
•
Mechanical and process improvements.
•
Gas storage and gas handling considerations.
•
Operational impacts.
•
Implementation schedule.
•
Capital cost considerations.
•
Asset reliability.
The TM will present recommended near-term rehabilitation alternatives intended to support continued
operation of Digester No. 2 during the anticipated four-year period required to construct and commission
the replacement WWTP. Recommendations will be prioritized based on cost, implementation schedule,
risk, and operational reliability. If the City determines that commissioning of the replacement WWTP may
extend beyond the current schedule, Ardurra can also evaluate and present intermediate-term (4 to 8
years) and long-term (8 to 15 years) rehabilitation alternatives to support future planning and extend the
service life of the facility.
Deliverables
•
Draft and Final Condition Assessment Summary TM (PDF)
•
Draft and Final Rehabilitation Recommendation TM (PDF)
Assumptions
•
City will drain the digester and remove residual sludge to the extent possible to provide
visual access to the interior structure and appurtenances.
TASK GROUP 300
Design Phase Services (Future)
This Design phase services will be performed following selection of a preferred rehabilitation alternative and
authorization by the City to proceed. Ardurra has not included a scope or fee for design services in this
Digestor No. 2 Roof Replacement | 5
Travis Reed – City of Ridgecrest
proposal because the level of effort will depend on the rehabilitation approach ultimately selected, and
design requirements may vary significantly based on the extent of structural, mechanical, corrosion
mitigation, and cover replacement improvements identified during the condition assessment phase.
Upon completion of the Condition Assessment Summary TM and Rehabilitation Recommendations TM,
Ardurra will develop a detailed scope of work and fee proposal for design services associated with the
selected alternative. Anticipated design tasks may include:
•
•
•
•
•
•
•
•
Coordination with selected roof manufacturers to establish design criteria, loading requirements, and
installation constraints.
Evaluation and design of structural modifications required to support the replacement cover system.
Development of rehabilitation plans for deteriorated concrete, structural steel, piping, and
appurtenances, as applicable.
Evaluation of gas collection, venting, and gas handling system modifications required to
accommodate the proposed improvements.
Development of construction sequencing and phasing plans to minimize operational impacts and
maintain WWTP operations during rehabilitation activities.
Preparation of temporary bypass, sludge management, and operational continuity plans, as needed.
Preparation of a 75-percent design submittal, including plans, technical specifications, and an
Engineer’s Opinion of Probable Construction Cost (OPCC) for City review.
Incorporation of City review comments and preparation of a final design package, including plans,
specifications, bidding documents, and a final OPCC.
The design phase will translate the selected rehabilitation alternative into a constructible project that
addresses operational reliability, safety, constructability, cost and support continued operation of Digester
No. 2 through commissioning of the replacement WWTP.
TASK GROUP 400
Bid Phase Services (Future)
Ardurra recommends developing a separate scope and fee for bidding services following completion of
the design phase.
TASK GROUP 500
Construction Phase Services (Future)
Ardurra recommends developing a separate scope and fee for construction-phase services following
completion of the design phase.
Assumptions
Ardurra shall be entitled to reasonably rely upon the accuracy and completeness of information provided
by or through the City and will exercise appropriate professional judgment when reviewing and evaluating
such information.
Digestor No. 2 Roof Replacement | 6
Travis Reed – City of Ridgecrest
Fee Estimate
Ardurra proposes to complete the services described here-in on a time and materials basis with a budget
not to exceed $67,864, based on the 2026 Ardurra rate schedule included as Exhibit A. The estimated
level of effort is provided in Exhibit B.
Schedule
Ardurra has developed the following schedule associated with performing the scope of work identified
above
Table 1: Schedule
Task
Duration
Kickoff Meeting and Data Needs Request
1 weeks from notice to proceed
Condition Assessment
2 weeks from procurement of base access
clearance
Draft Condition Assessment Summary TM
5 weeks from completion of condition
assessment
Condition Assessment TM Review Meeting
2 weeks from submittal of draft Condition
Assessment TM
Final Condition Assessment Summary TM
3 weeks from review meeting
Draft Rehabilitation Recommendation TM
5 weeks from Condition Assessment Summary
TM review meeting
Rehabilitation Recommendations TM Review
Meeting
2 weeks from submittal of draft Rehabilitation
Recommendation TM
Final Rehabilitation Recommendation TM
3 weeks from review meeting
Closing
We would like to express our thanks to the City for the opportunity to work on this important project.
Should you have any questions or wish to discuss any of the information presented herein, please do not
hesitate to contact me at your convenience. My phone number is 661.231.5411, and email is
[email protected].
Digestor No. 2 Roof Replacement | 7
Travis Reed – City of Ridgecrest
Sincerely,
Jason Wilson
Project Manager
Enclosures:
A.
B.
Exhibit A: Ardurra 2026 Fee Schedule
Exhibit B: Project Budget
Digestor No. 2 Roof Replacement | 8
Exhibit A
Ardurra 2026 Fee Schedule
354 PACIFIC STREET | SAN LUIS OBISPO, CA 93401 | 805.329.4773 | www.ardurra.com
2026 FEE SCHEDULE
CATEGORY
Designers and
Administrative
Engineers
Planning
Project
Management
Construction
Management
Services
HOURLY
RATE
POSITION
Administrative Assistant
$120
Production Designer I
Production Designer II
$140
$155
Production Designer III
$144
Production Designer IV
$164
Production Designer V
$186
Production Designer VI
$205
Engineering Technician
$108
Engineer I
Engineer II
$147
$168
Engineer III
Engineer IV
$200
$216
Engineer V
$232
Engineer VI
Engineer VII
$252
$259
Engineer VIII
Technical Director
$272
$325
Planner I
$147
Planner II
$168
Planner III
$203
Planner IV
Planner V
$205
$221
Planner VI
$228
Assistant Project Manager
Project Manager
$265
$254
Senior Project Manager
Project Director
$306
$300
Senior Project Director
Sr Construction Manager
$323
$290
Construction Manager
$260
Resident Engineer*
$258
Assistant Resident Engineer*
$210
Public Works Inspector*
$216
Scheduler
$188
Doc Control*/ Labor Analyst
$148
Sr Labor Compliance
$199
OVERALL NOTES
1. Reimbursable Expenses (ODCs): Travel
and subsistence (other than mileage) billed
at cost, mileage at current IRS rate, and
outside production/services cost plus 10%
2. Subconsultants: Cost plus 10%.
3. Escalation: Rates subject to annual
adjustment (typically 2–5%), unless
otherwise specified (e.g., prevailing wage).
CONSTRUCTION MANAGEMENT NOTES
1. Rates: Hourly rates include wages,
fringe, overhead, fee, and typical supplies,
tools, and equipment. Construction
management software is excluded.
2. Prevailing Wage: Rates are subject to
increases per California DIR
determinations. Billing rates will increase
proportionally, including overhead and
profit.
3. Inspection Minimums (IWC Order
#16-2001): Cancellation of 8-hour
inspection after arrival: 4-hour minimum;
Cancellation of 4-hour inspection after
arrival: 2-hour minimum
4. Public Works Requirements: Agency
must submit DIR Form PWC-100 listing
Ardurra as prime. A 0.5-hour/week per
inspector labor compliance charge applies
to all prevailing wage inspection
assignments.
5. Overtime: Asterisked positions are
billed at 1.5x for work over 8 hours/day or
Saturdays, and 2.0x for Sundays and
holidays.
www.ardurra.com
Exhibit B
Project Budget
354 PACIFIC STREET | SAN LUIS OBISPO, CA 93401 | 805.329.4773 | www.ardurra.com
120
2
4
20
12
6
5
100
50
150
$ 6,426
$ 5,625
$ 2,176
$ 14,227
$ 1,200
$
50
$
50
$ 1,300
$ 19,800 $ 21,000
$
$
50
$
$
50
$ 19,800 $21,100
$ 34,655
$ 9,491
$ 9,491
$ 53,637
-
$
-
$
-
$
-
$
-
-
$
-
$
-
$
-
$
-
5
27
21
8
56
$ 6,326 $
$ 5,575 $
$ 2,176 $
$14,077 $
13
24
24
61
0
57
46
46
149
$ 13,655
$ 9,441
$ 9,441
$32,537
0
0
0
0
$
0
0
0
0
0
$
0
59
0
33
0
62
0
5
0
205
$
$46,614
32
4
8
12
1
0
1
1
1
1
3
3
1
1
5
23
12
12
47
17
8
8
33
0
0
0
0
0
0
9
0
37
Total Fee
147
Non-Labor Costs
Administrative Assistant
259
Corrosion Specialist ([Sub Name])
Engineer I
272
ODCs (Ardurra)
Engineer VII (MA)
254
Labor (Ardurra)
Engineer VIII (AG2)
323
Total Hours (Ardurra)
Project Manager (JW)
Hourly Rates
Task Group 100: Project and Quality Management
Task 101 Project Management
Task 102 Meetings
Task 103 Quality Control
Subtotal
Task Group 200: Pre-Design Services
Task 201 Condition Assessment
Task 202 Condition Assessment Summary TM
Task 203 Rehabilitation Recommmendation TM
Subtotal
Task Group 300: Design Phase Services (Future)
Subtotal
Task Group 400: Bid Phase Services (Future)
Subtotal
Task Group 500: Construction Phase Services (Future)
Subtotal
TOTAL BUDGET
Senior Project Director (MN)
City of Ridgecrest
Digestor Roof Replacement
100
50
150
$ $ 1,450
$
$
$
$
-
$
$ 19,800
$
$
$
$
$
$21,250
$
$ 67,864
10
This Page Intentionally Left Blank
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: Authorization for Temporary Police Officer Overhire
PRESENTED BY: Mario Ysit, Chief of Police
SUMMARY:
The Ridgecrest Police Department requests authorization to temporarily increase the
authorized Police Officer staffing level from twenty-nine (29) to thirty (30) sworn Police
Officer positions for a period of six (6) months.
This temporary overhire will assist the Department in maintaining operational staffing levels
during anticipated staffing shortages. The authorization will expire six (6) months from the
effective date of the resolution.
FISCAL IMPACT: Personnel costs associated with the temporary overhire are expected to
be offset through salary savings resulting from anticipated staffing vacancies.
ACTION REQUESTED: Approval of Resolution
CITY MANAGER’S RECOMMENDATION: Action as requested
Submitted by: Chief Mario Ysit
Action Date: August 5, 2026
This Page Intentionally Left Blank
RESOLUTION NO. 26-xx
A RESOLUTION OF THE RIDGECREST CITY COUNCIL
AUTHORIZING A TEMPORARY OVER HIRE OF ONE (1) POLICE
OFFICER POSITION
WHEREAS, the Ridgecrest Police Department is authorized twenty-nine
(29) sworn Police Officer positions; and,
WHEREAS, the Department has identified the need for temporary staffing
flexibility to assist with operational staffing shortages; and,
WHEREAS, authorizing a temporary over hire from twenty-nine (29) to thirty
(30) sworn Police Officer positions for a period of six (6) months will assist in
maintaining operational staffing levels.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Ridgecrest hereby authorizes the temporary increase in the authorized Police
Officer staffing level from twenty-nine (29) to thirty (30) sworn Police Officer
positions for a period of six (6) months from the effective date of this Resolution.
APPROVED AND ADOPTED this 5tht day of August 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Travis Endicott, Mayor
ATTEST:
_______________________________
Ricca Charlon, City Clerk
This Page Intentionally Left Blank
The government’s own published record — read it yourself, then decide what to do about it.
The facilities, the coverage, and the local record for this community.
Not yet recorded. The record stays open — outcomes are added as minutes and vote results are published.
Provenance
Where this record came from. Every source is listed, permanently.
- Agenda Watch · Aug 21, 2026
Permanent ID DKT-2026-001165 — this record is never deleted.
Record history
Every change to this record, logged as it happened.
- Aug 21, 2026 Filed on the Docket
- Aug 21, 2026 Full document archived — public record
← The full Docket · every meeting, vote, and action on the permanent record · also in the National Record Index.