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RES 2001-3006 - Agmt with Institute for Social and Economic Development for program evaluation of juvenile accountability incentive block grants O�QNIAHA.N4,_ -. 73"" ��� �� RECEIVED s r R %o Office of the Mayor t� ^ 1819 Famam Street,Suite 300 01 N O V 13 11 11: 56 Omaha,Nebraska 68183-0300 Ao�` 4yry (402)444-5000 4iwo FEB10. FAX:(402)444-6059 City of Omaha CITY CLERK •. Mike Fahey,Mayor 0MAHA NEBRASKA Honorable President and Members of the City Council, Submitted for your consideration is a Resolution approving an agreement between the City of Omaha and the Institute for Social and Economic Development (ISED) in the amount of $60,000.00. ISED will provide the Juvenile Accountability Incentive Block Grant (JAIBG) program evaluation component examining the third year of the project. The evaluation plan consists of four components: (1) a graduated sanctions study; (2) a juvenile justice data/MIS study; (3) a juvenile justice system outcome study; and (4) production of progress reports and a final evaluation report. ISED has signed the attached agreement. Funds are available for this agreement through the • Juvenile Accountability Incentive Block Grant approved by the City Council September 25, 2001, Resolution No. 2490. The Finance Director is authorized to pay the agreement from JAIBG Fund No. 167; Agency No. 300; Organization No. 6129, Fiscal Year 2002. The JAIBG funding was applied for collaboratively by the City of Omaha and Douglas County to strengthen the capacity of the Omaha/Douglas County juvenile justice system to hold juveniles accountable for criminal offenses. This funding will continue to target the need to facilitate the tracking of serious violent juvenile offenders across criminal justice agencies systems. Your favorable consideration and adoption of this Resolution is respectfully requested. Respectfully submitted,]� Approved as to Funding: CJ Mike Fahey City of Omaha Stanley P. Ti Date Acting Finance Director . P:\MAY\6274pjm.doc AGREEMENT This Agreement is made and entered into this 31st day of October , 2001 by and between the City of Omaha, a municipal corporation (hereinafter referred to as "The City") and the Institute for Social and Economic Development (hereinafter referred to as "Contractor"). WHEREAS, the City of Omaha has received funds from the Nebraska Commission on Law Enforcement and Criminal Justice, Juvenile Accountability Incentive Block Grant, United States Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention(OJJDP); and, WHEREAS, The City has agreed to administer the Juvenile Accountability Incentive Block Grant; and, WHEREAS, The City wishes to contract with the Contractor as described below, to obtain the Contractor's services in the implementation of the Juvenile Accountability Incentive Block Grant program. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, The City and the Contractor mutually undertake and agree as follows: 1. DUTIES OF THE CONTRACTOR. The Contractor agrees to do the following, along with all other obligations expressed or implied in this Agreement: A. The Contractor shall perform its proposed Project, described as in Exhibit "A" and is attached hereto and by this reference incorporated herein as though fully set forth. The Institute for Social and Economic Development will provide the JAIBG Evaluation Component. Four areas have been identified as being particularly critical to this effort: (1) the development of alternative graduated sanctions for juvenile offenders; (2) the development of structured risk/needs assessments; (3) the development of data-driven multi-agency interventions to reduce the incidence of gun- and gang-related violence in Omaha; and (4) the improvement of communications, coordination, and technological capabilities among justice agencies, schools, and community programs which serve juvenile offenders. The extent of project success in these areas can only be determined through rigorous and objective evaluation. The evaluation costs are for third year funding. The evaluation plan consists of four components: (1) a graduated sanctions study; (2) a juvenile justice data/MIS study; (3) a juvenile justice system outcome study; and (4) production of progress reports and a final evaluation report. A summarization of the evaluation plan for Year 3, including the research tasks, timelines, questions and activities are attached in Exhibit "A". B. Contractor will comply with all of the guidelines and requirements of the Nebraska Commission on Law Enforcement and Criminal Justice, which are applicable to this Project specifically. C. The Contractor shall submit to the Project Coordinator a Grant Activity Performance/Impact Report due quarterly. The Grant Activity Performance/Impact Report will report on the program activities and performance/impact of the Contractor's Project. The Performance/Impact Reports are due the 1st of the month following the end of the quarter. Reports are due on April 1st, July 1st, October 1st, January 1st during the term of this Agreement. Each Performance/Impact Report shall contain a narrative stating the project goals, objectives and the performance-based outcomes/impact of the grant to include the successes, problems identified with solutions and program evaluation. The reports must be submitted hard copy with the Director's original signature and on a disk in Microsoft Word 6.0. All such reports shall be addressed to: Project Impact, US Attorney's Office, 1620 Dodge Street, Suite 1400, Omaha, Nebraska 68102-1506. The Project Coordinator will submit a compilation Grant Activity Performance/Impact Report to the City of Omaha, Attention: Gail Braun. D. The chief executive of the Contractor will be responsible for all aspects, including day-to-day management, of the Project. The identity of the said chief executive, and any changes thereof, shall be provided to The City. E. The Contractor shall allow The City's authorized designee to have access to the Contractor's records and program site for the purpose of financial and/or program audits, as may be required in the sole discretion of The City or its authorized designee. F. The Contractor will implement and enforce, as to its employees, a drug-free workplace policy identical to the City of Omaha's policy, a copy of which is attached as Exhibit "B" and incorporated by this reference herein. 2. COMPENSATION. The City shall transfer funds to the Contractor in an amount not to exceed, under any circumstances, $60,000.00 ("Maximum Compensation"). The City shall advance $30,000.00 out of the Maximum Compensation to the Contractor for startup costs, contemporaneous with the execution of this Agreement. Following the execution of this Agreement and during the term of this Agreement only, The City will advance funds to the Contractor, out of the remaining Maximum Compensation, to reimburse the Contractor for costs contemplated and reimbursable under the Project. All requests for reimbursement shall be accompanied by copies of receipts or other auditable evidence. All requests for reimbursement shall be submitted to the City of Omaha, Finance Department, Don Drazdys, Project Accountant, 1819 Farnam Street, 10th Floor, Omaha,Nebraska 68183. Any tangible equipment purchased with funds advanced under this Agreement shall remain the property of The City. In the event that the Contractor breaches any provision of this Agreement, The City may, at its sole option, and in addition to any other remedies,withhold the payment of any funds to the Contractor. - 2 - 3. TERM. This Agreement shall become effective on the date executed. Permissible expenditures under this grant incurred after October 1, 2001 will be paid as if they occurred after the effective date. This Agreement shall terminate upon receipt by The City of the final written report from the Contractor, indicating completion of the Project; provided that in no event shall the term of this Agreement exceed one year from its effective date. Either party may immediately terminate this Agreement upon mailing written notice thereof to the other party; provided that in the event of such early termination, the Contractor shall immediately return to The City all unexpended funds advanced to the Contractor under this Agreement. 4. INDEMNITY. The Contractor covenants and agrees to indemnify and hold harmless the City of Omaha, their officers, agents and employees, their successors and assigns, individually or collectively, from and against all liability for any fines, claims, suits, demands, actions or causes of action of any kind and nature for personal injury or death, or property damage in any way arising out of or resulting from the acts of the Contractor's own employees or agents, and the Contractor further agrees to pay all expenses in defending against any claims made against the City of Omaha based on the acts of the Contractor's employees or agents. The Contractor, and City of Omaha shall give prompt and timely written notice of any claim made or suit instituted which, in any way, directly or indirectly, contingently or otherwise, affects or might affect the other parties. 5. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit "C" and made a part hereof by reference are the equal employment provisions of this contract. Refusal by the Contractor to comply with any portion of this program as therein stated and described will subject the offending party to any or all of the following penalties: (a) Withholding of payment under this Agreement to the Contractor until it is determined that the Contractor is in compliance with the provisions of the contract; (b) Refusal to all future offers for any agreements with The City until such time as the Contractor'demonstrates that it has established and shall carry out the policies of the program as herein outlined. 6. NONDISCRIMINATION. The Contractor shall not, in the performance of this contract, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, disability, political or religious opinions, affiliations or national origin. 7. CAPTIONS. Captions used in this contract are for convenience and are not used in the construction of this contract. 8. APPLICABLE LAW. Parties to this contract shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this contract. - 3 - 9. CONFLICT OF INTEREST. • A. No elected official nor any officer or employee of the City, shall, during their tenure and one year thereafter, have a financial interest, direct or indirect, in this contract or in any funds transferred hereunder. Any violation of this section shall render the contract voidable by The City or the Contractor. B. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance required to be performed under this contract; it further covenants that, in the performance of this contract, no person,having any such interest shall be employed. 10. WARRANTY AS TO COMMISSIONS. Contractor warrants that it has not employed any person to solicit or secure the Agreement upon any agreement for commission, percentage,brokerage, or contingent fee. 11. MERGER. This contract shall not be merged into any other oral or written contract, lease or deed of any type. This is the complete and full agreement of the parties. 12. MODIFICATION. This contract contains the entire agreement of the parties. No representations were made or relied upon by either party other than those that are expressly set forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. 13. ASSIGNMENT. Neither party may assign its rights under this contract without the express prior written consent of the other party. 14. AUTHORIZED REPRESENTATIVE. In further consideration of the mutual covenants herein contained, the parties hereto expressly agree that for purposes of notice, ' including legal service of process, during the term of this contract and for the period of any applicable statute of limitations thereafter, the following named individuals shall be the authorized representatives of the parties: (a) CITY OF OMAHA, NEBRASKA Office of the Mayor 1819 Farnam Street, Suite 300 Omaha,Nebraska 68183 Ph: 444-5000 - 4 - • • (b) CONTRACTOR: • Institute for Social and Economic Development 1 9/0-.2 3 A k earal v�ge,I A �31 Ph: 319-338-2331, 522Y Att: Paula Vcllcma,-Vice President and Director of Finance &Administration Local Contact: RI(Piper 697-8553 EXECUTED this 31st day of October , 2001. CITY OF OMAHA,NEBRASKA CONTRACTOR: INSTITUTE FOR SOCIAL AND ECONOMIC DEVELOPMENT 1')n• (-1:0e ///1//�' - `P1.2,t.ie, /ne irt,ta 1b/3'10 d Mike Fahey,Mayor Date Ve President, Institute for Social and Date Economic Development ATTEST: - ` B ster�1Br(ywn CityCler tJ at�j APPROVDAS TO FORM:` ant ity Attorney Date AY\ 76pjm.doc - 5 - Exhibit "A" The Juvenile Accountability Incentive Block Grant: Evaluation Component (Year Three) The City of Omaha, Douglas County, and the members of the Juvenile Accountability Coalition are committed to improving the way in which the juvenile justice system and allied organizations address the problem of serious and violent juvenile offending. Four areas have been identified as being particularly critical to this effort: (1) the development of alternative graduated sanctions for juvenile offenders; (2) the development of structured risk/needs assessments; (3) the development of data-driven multi-agency interventions to reduce the incidence of gun- and gang-related violence in Omaha; and (4) the improvement of communications, coordination, and technological capabilities among justice agencies, schools, and community programs which serve juvenile offenders. The extent of project success in these areas can only be determined through rigorous and objective evaluation. The project has identified a third-party evaluation team that will consist of researchers from the Institute for Social and Economic Development (ISED) and the University of Nebraska at Omaha (UNO). The ISED-UNO team has demonstrated expertise in evaluating community justice programs, including the Juvenile Accountability Incentive Block Grant (Years 1 and 2) and the Douglas County Drug Court. This section of the proposal presents an updated evaluation plan for the third year of the project. The evaluation plan consists of four components: (1) a graduated sanctions study; (2) a juvenile justice data/MIS study; (3) a juvenile justice system outcome study; and (4) production of progress reports and a final evaluation report. Table 1 below summarizes the updated evaluation plan for year three, including the research components, timelines, questions and activities. The study will begin in October 2001 and end in December 2002. 1 Table 1. Evaluation Plan for the Juvenile Accountability Incentive Block Grant (Year Three) Research Components And Timeline Research Questions Research Activities Component 1 1-1. What are areas of success and needed 1-1.Continue to attend JAIBG Task improvement with respect to the ongoing Force and topical working group Graduated Sanctions planning and implementation of graduated meetings to observe the Study sanctions? implementation of graduated sanctions. 10/01 to 9/02 1-2 Have the barriers identified in the year one and year two evaluations been overcome? 1-2.Continue to interview agency staff If problems remain,how should they be and collect and analyze program resolved? documents. 1-3.What steps need to be taken to ensure that 1-3.Identify remaining problems in graduated sanctions will be successfully implementation and make implemented during the post-grant time recommendations for resolving period? them. 1-4. Identify needed steps for continuing graduated sanctions after the block grant. Component 2 2-1.To what extent has the piloting of a data 2-1.Continue to review the juvenile system(MIS)for the JAIBG program and justice data collected and managed Juvenile Justice Project Impact been successful? by JAIBG program and Project Data/MIS Impact partners. Study 2-2.How will this pilot effort inform the data systems/elements and project and 2-2.Evaluate data shortfalls and 10/01 to 9/02 evaluation needs of the larger juvenile recommend solutions. justice system? 2-3. Identify future data sources and 2-3.What needs to be done to fix any directions for operational research remaining data shortfalls? and evaluation. 2 • Table 1. Evaluation Plan for the Juvenile Accountability Incentive Block Grant (Year Three continued) Research Components and Timeline Research Questions Research Activities Component 3 3-1.To what extent has Project Impact been 3-1.Conduct final juvenile justice successful in reducing gun-and gang- system time series analyses for Juvenile Justice System related violent offending in Omaha? Project Impact,using aggregate Outcome Study incident data for pre-and post- 3-2.Do some Project Impact operations appear project periods and available time 10/01 to 9/02 to be more successful in reducing violent series data from comparison cities. crime than others? 3-2 Analyze patterns of violent crimes 3-3.How effective have different components following specific types of Project of the project(e.g.alternative graduated Impact operations. sanctions)been in achieving better individual outcomes,after controlling for 3-3.Analyze individual juvenile justice offender characteristics that may influence outcomes,including those pertaining outcomes? Does project effectiveness to specific juvenile subgroups. vary for different types of juvenile Define subgroups on the basis of offenders? criminal history,offender demographics,and structured risk/needs assessment scores. Component 4 4-1 Prepare and submit quarterly evaluation progress reports. Prepare Progress Reports and Final 4-2.Integrate findings from research Evaluation Report components 1-4. 1/02 to 12/02 4-3.Prepare a draft final evaluation report. 4-4.Prepare a revised final report. 4-5.Prepare and present an executive briefing on key evaluation findings to project staff and community stakeholders. By providing funding for evaluation, the grant will allow the project to accomplish the following research components: 1) Conduct a graduated sanctions study to determine the extent to which graduated sanctions are being implemented as planned and to document any changes in plans for graduated sanctions. The study will provide a detailed description of all graduated sanctions and their operation in the project, obstacles encountered during • their implementation, efforts to overcome those obstacles, and unresolved problems and issues. Study activities will include structured interviews with key personnel and 3 reviews of project documents relating to graduated sanctions. The study will describe: (a) the changes that occurred in juvenile sanctioning as a result of the project and (b)the extent to which those changes are consistent with project goals and objectives. • 2) Conduct a juvenile justice data/MIS study to identify the data and management information system (MIS) needs of the project and the evaluation. This study will evaluate the extent to which those needs can be met by currently available data and agency MISs. It will also evaluate the pilot use of a new MIS that is designed (using internet-based "middle-ware") to allow JAIBG organizations and entities such as the Omaha Police Department, probation, and Project Impact to share data on juvenile offenders. Data examined will include the information that is currently collected on juvenile offenders including: circumstances of arrest or referral, demographics, family history, current living situation, prior involvement with the juvenile justice system, prior involvement with the child welfare system, school records, risk/needs assessments (including alcohol or drug-related ones), prosecution, adjudication, custodial placement, treatment, and recidivism. Data sources contacted will include: • Omaha Police Department • Douglas County Sheriff's Office • City of Omaha Prosecutor's Office • Douglas County Attorney's Office • Douglas County Court • District Court of Nebraska, Fourth Judicial District • Nebraska State Probation • Nebraska State Parole • Omaha Public Schools • Nebraska Health and Human Services • Project Impact 3) Conduct a juvenile justice system outcome study of how the incidence of violent crime in Omaha has changed subsequent to the implementation of JAIBG-related interventions. ISED is using aggregate-level incident data from to conduct initial time series analyses of how changes in rates of gun- and gang-related violence (e.g., gun homicides and assaults) are associated with the implementation of Project Impact. During the third year of the evaluation, ISED will continue these analyses to obtain a longer-term picture of the effectiveness of Project Impact in reducing the incidence of violent crime in Omaha. ISED will also analyze available time series data on violent crime from a set of comparison cities that have not implemented a Project Impact type of intervention. The purpose of this additional analysis will be to 4 • account for secular changes in crime rates that are unrelated to the implementation of Project Impact or similar interventions. ISED's analysis of aggregate time series data will be supplemented by an analysis of available data on individual juvenile offender outcomes such as the completion of correctional programming and recidivism. The purpose of this analysis will be to measure the effectiveness of the project in improving individual juvenile offender outcomes, while statistically controlling for other variables (e.g., offender characteristics)that could also influence those outcomes. This analysis will examine the differential effectiveness of the project for different types of juvenile offenders, thus informing the tailoring of interventions for specific juvenile offender subgroups. Juvenile subgroups will be identified on the basis of criminal history, demographics, and structured risk/needs assessment scores. 4) Prepare and submit quarterly progress reports and a final evaluation report. ISED will prepare and submit quarterly progress reports that detail evaluation progress, any barriers encountered, and steps taken to overcome any barriers. ISED will integrate the findings of the three studies described above and prepare a draft final evaluation report for review and comment. Upon receiving reviewer comments and suggestions, ISED will prepare a final evaluation report. ISED will also present an executive briefing of key evaluation findings to project staff and community stakeholders. 5 Juvenile Accountability Incentive Block Grant: Evaluation Budget • Below, is ISED's proposed budget for the year three evaluation of the Juvenile Accountability Incentive Block Grant. The budgeted activities listed in Table 1 pertain to research activities that will begin on October 1, 2001 and end on December 31, 2002. Table 1 Budget for Project Year Three Task 1 Task 2 Task 3 Task 4 Graduated Juvenile Justice Juvenile Contract Sanctions Data/MIS Justice System Prepare Project Total Costs Study Study Outcome Study Deliverables Project Personnel $7,532 $5,149 $16,303 $14,858 $43,841 UNO Subcontract $0 $0 $4,850 $1,454 $6,304 Travel $507 $507 $507 $507 $2,026 Supplies $296 $296 $296 $889 $1,777 Other $1,040 $711 $2,250 $2,051 $6,052 Total Contract $9,374 $6,663 $24,205 $19,758 $60,000 • ISED Project Staff: Dr. Thomas J. Martin and Mr. R.K. Piper UNO Project Consultants: Mr. Christopher Gibson Note: "Other" contract costs include communication, occupancy, and other miscellaneous contract expenses. .• EXECUTIVE ORDER NO. D-7-95 Exhibit "B" ZERO TOLERANCE POLICY ON DRUG AND ALCOHOL ABUSE IN THE MUNICIPAL WORKPLACE URPOSE: he City of Omaha recognizes its responsibilities toward the maintenance of the physical nd emotional well-being of its employees. We recognize that employee drug/alcohol ,roblems are inherent in any workforce, and that this, in turn, impacts on the personal life of mployees and their families. Since these problems not only affect the employee's personal .fe, but generally can also result in deteriorating job performance, the City believes that it is z the best interest of its employees, their families, and the City to provide the opportunity to real with these personal problems. here is no intent to intrude upon the private lives of employees. The City recognizes that mployees with drug and alcohol abuse problems make up only a fraction of the workforce, nd the City understands that inconveniences may be caused to the many non-abusers by the ;roblems of the few. It is believed, however, that the benefits to be derived will more than :lake up for any inconvenience to the majority of the employees. ,e purpose of this Policy is as follows: To establish and maintain a safe a_ncl healthy working environment for all e:i:^ioyieees. To ensure the reputation of City of Omaha employees as good, responsible citizens worthy of public trust. To reduce the incidents of accidental injury to persons or property. �. To reduce absenteeism, tardiness, and indifferent job performance. To provide assistance toward rehabilitation for any employee who seeks the City's help in overcoming any addiction to, dependence upon, or problem with alcohol or drugs. the City is committed to maintaining a safe, healthful, and productive work environment for 111 employees and ensuring the safe and efficient delivery of services to the citizens of the City of Omaha. To that end, the City will attempt to eliminate the abuse of alcohol, illegal drugs, prescription drugs, or any other substance which could impair an employee's ability to perform safely and effectively the functions of any given job. Drug and alcohol abuse of any nature by employees of the City of Omaha cannot be tolerated. City Policy shall be ZERO tolerance for such abuse. All City of Omaha employees are covered-by this Policy and should be aware that violation of this Policy can result in discipline up to and including discharge. :ecutive Order : °ro Tolerance Policy on Drug and Alcohol buse in the Municipal Workplace :ge 2 f . • • OLICY AND PROCEDURES: Definitions: 1. Alcohol shall mean any product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, synthetic ethyl alcohol; the four varieties of liquor defined in Subdivision (2) to (5) of Section 53-103 Nebraska R.R.S., alcohol, spirits, wine, and beer; every liquid or solid, patented or not, containing alcohol, spirits, wine, or beer; and alcohol used in the manufacture of denatured alcohol, flavoring extracts, syrups, or medicinal, mechanical, scientific, culinary, and toilet preparations. 2. Drug shall mean any substance, chemical, or compound as described, defined, or delineated in Sections 28-4405 and 28-419 Nebraska R.R.S., or any metabolite or conjugated form thereof, except that any substance, chemical, or compound containing anti product as defined in -1 of this Section may also be defined as alcohol. • 3. Alcohol or Drug Abuse: For purposes of this Policy, alcohol and/or drug abuse shall be defined as an employee's dependence or addiction to sufficient severity to have .the effect of impairing the performance of his/her official duties or his/her job behavior. 1. Reasonable Suspicion is a belief based on objective facts sufficient to lead a reasonable, prudent person to suspect that an employee is under the influence • of a substance so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform his/her job safely is reduced. Reasonable suspicion may result from actual observation of the use or ingestion of a substance by an employee. It may be based on reliable infoiination that the employee is currently or has recently used or possessed a controlled substance or open container with alcohol on the job. Reasonable -suspicion may result from an observation of physical symptoms, such as slurred speech, red, watery eyes, unsteady gait, dilated pupils, drowsiness, or actual sleeping on the job. In addition, reasonable suspicion may result from the observation of behavioral symptoms, such as severe mood swings, unexplained personality changes, inattention to personal hygiene, and frequent accidents. 5. Employee Assistance Program (EAP) is provided by the City for the benefit of its employees: :cutiveOrder -o Tolerance Policy on Drug and Alcohol use-in the Municipal Workplace ;e 3- • Omaha Public Schools/City of Omaha Employee Assistance Program 1410 North 47th Street Omaha, NE 68147 (402) 554-0443 Also the services of designated Police/Fire mental health professionals are provided to those employees for their assistance with any psychological problem, including drug/alcohol problems. 6. Impaired: The inability of an employee to perform his/her usual and normal work assign m ents with normal effectiveness and efficiency. Statement of Policy: • Abuse of alcohol and drugs by City employees will not be tolerated. 1. Drugs: Employees of the City of Omaha shall not: 1 � a) report to work impaired by any drug; b) whether on or off duty, illegally use, manufacture, possess, sell, or provide to another any drug. Use or possession of medically-prescribed drugs or medications which have been legally prescribed to the employee by a person licensed to do so is not a violation of this Policy. However, no prescription medication of any sort shall be brought upon City property by any person other than the person for whom the medication is prescribed and shall be used only in the manner, combination, and quantity prescribed. - A City employee who is taking any medication, whether prescribed or non- prescribed, which may interfere with the safe and effective performance of duties or operation of City equipment is required to advise his/her supervisor of that fact before beginning work. In the event that there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medication, clearance from a physician shall be required. Failure to advise a supervisor of the use of any medication which may interfere with the safe and effective performance of duties or operation of City equipment may result in discipline. xecutive Order ero Tolerance Policy on Drug and Alcohol .buse in the Municipal Workplace i . ale 4 Any employee who is convicted of a violation of any criminal drug statute for an incident occurring in the workplace shall notify the City of the conviction within five calendar days of the conviction. 2. Alcohol: Employees of the City of Omaha shall not: a) report to work impaired by the use of alcohol; b) while on duty, use, possess, sell, or provide alcohol to another; c) while on duty or on call, be impaired by the use of alcohol. In certain situations, Civilian employees are individually placed "on call." For those employees, "on call" as above shall mean those situations where an employee has been specifically and personally notified that he/she is on stand-by specific period of time (not to exceed 2 hours) and subject to being called in for City work on an emergency basis. Such notification must occur either at the end of an employee's work shift before the employee leaves work or eight hours before any call-in would occur. For the purposes of this Policy, an employee whose blood, breath, or urine, when tested, contains an alcohol concentration of .05 percent or above is presumptively deemed to be impaired by the use of alcohol. For the purposes of this Policy, an employee whose blood, breath, or urine, when tested, contains an alcohol concentration of less than .05 percent may be considered impaired depending on a consideration of all of the circumstances. C. Education and Training of Employees: The City will develop and implement a Drugfree Awareness Program to inform its employees of: 1. The dangers of drug/alcohol abuse in the workplace. 2. The City's Policy regarding drug and alcohol use. Executive Order • Zcro Tolerance Policy on Drug and Alcohol Abuse in the Municipal Workplace Pa-ge 5 3. The availability of counseling, rehabilitation, etc., through the City's Employee Assistance Program. 1. The penalties that may be imposed upon employees for substance abuse violations. Additionally, educational activities focusing on stress, substance abuse, and other problem areas may also be provided. These activities are designed to promote early identification and self-referral, prevent problems from developing and/or becoming more severe, and enhance the quality of life. Employees are encouraged to utilize the EAP programs provided by the City in seeking assistance with drug/alcohol problems. Employees' use of these services privately and on their own initiative will not jeopardize job security, promotional opportunity, and/or reputation. When such use is private and voluntary, no report of any kind will be made by the EAP to the City unless the employee freely •and willingly chooses. The City will develop and implement a program of training to assist supervisory personnel and the unions in the recognition of conduct and 'behavior that gives rise to suspicion that an employee may be a drug/alcohol abuser. The intent of tins training is not to put the supervisor in a position to diagnose alcohol/drug problems, but simply to make such supervisor sufficiently aware of the causes and symptoms so that he/she may seek proper referral. Such a training program shall also inform the supervisor of the City's EAP program and policies, as well as encourage the supervisor to seek proper consultation with other City officials and the EAP when attempting to deal with an employee's deteriorating job performance. D. Drug/Alcohol Testing Procedures: Any time a supervisor has reasonable suspicion to believe that an on duty employee is impaired by alcohol or drugs, he/she shall immediately place such employee on special assignment in order to protect the employee, fellow employees, and the public from harm. The supervisor shall immediately notify his/her supervisor of such action and the particular employee's union representative, if applicable. The two supervisors and the union representative, if available, will interview the employee. If both supervisors believe, based upon reasonable suspicion, that the employee is impaired by the use of alcohol or drugs, then said employee will be ordered, pursuant to this Policy, to submit to a test of his/her blood, breath, or urine. xecutive Order .ero Tolerance Policy on Drug and Alcohol .buse in the Municipal Workplace age6 In determining whether or not the employee is impaired, the supervisors may consult with the Labor Relations Director, Personnel Director, City Safety Inspectors, CDL Instructor, Law Department, or any other appropriate City official and utilize any reasonable means or procedures available to confirm or disprove such suspicion (such as breath alcohol pre-test). The City's Safety Inspectors can be reached during business hours at '1'1'1-5014 or 444-6677. After business hours, they can be reached by contacting the hotline number, 978-3184. The CDL Instructor can be reached during business hours at 444-5304. A supervisor shall transport the employee to that facility designated by the City for the performance of drug or alcohol tests. As soon as practically possible, each supervisor shall document, in writing, to the Department Head the reasons and causes which gave rise to the reasonable suspicion. Additionally, this documentation shall include a narrative of what steps were taken by the supervisor(s). Before a drug or alcohol test is administered, employees will be ordered to sign a consent form authorizing the test and permitting the release of test results to a designated City official(s). The consent form shall provide space for employees and applicants to acknowledge that they have been notified of the City's Drug/Alcohol Testing Policy. The consent form for drug/alcohol tests shall also set forth the following information: 1. The procedure for confirming an initial positive test result. 2. The consequences of a confirmed positive test result. 3. The consequences of refusing to undergo a drug test. All drug testing shall be of the employee's urine. The initial drug screening shall be the Enzyme Immunoassay Techniques (EMIT) test which shall be administered at City expense. An employee or job applicant whose drug test indicates the presence of a drug group (listed further on in this Section) shall be given a second test, at City expense, using Gas Chromatography/Mass Spectro- metry (GC/MS). The second test shall use a portion of the same test sample • withdrawn from the employee or applicant for use in the first test. If this GC/MS test confirms the drug group presence, both tests will be reviewed by a Medical Review Officer, who shall be a properly licensed and trained medical doctor. The purpose of this review is to see if the drug presence can be explained by the individual employee's medical history. In completing this review, the Medical Review Yy Executive Order Zero Tolerance Policy on Drug and Alcohol Abuse in the Municipal Workplace Page 7 Officer shall interview the employee and may perform a physical examination on such employee. Refusal to cooperate in such an interview or to consent to such physical examination shall be grounds for disciplinary action up to and including termination. If the medical review confirms the presence of drugs in the employee's body fluids, then such test shall be considered "positive." The employee or applicant shall be notified in writing in a sealed envelope marked "confidential" of the test results by the appropriate Department Head or designee. The letter of notification shall identify the particular substance found. An employee who tests positive for drugs may, at the employee's own. expense, have a third test conducted on the same sample at a laboratory pre-approved by the City which meets the minimum criteria for drug testing. • If the test is for alcohol, and the City orders a breath test, the employee has the right to another test at his/her expense. That test may be of blood or breath. If an employee refuses to consent to drug or alcohol testing, sucn refusal shell be considered grounds for discipline up to and including termination of employment. v� who ) shallindefinitely-tei s:. _nded with -.a y An employee refuses :"la be immediately and tG2iiiu� �� � = pending disciplinary action. The supervisor shall make every reasonable effort to ensure that such employee does not operate a motor vehicle (i.e., provide trans- portation for employee to his/her home). Should the employee refuse to cooperate and attempt to operate a motor vehicle, the police shall be immediately notified. When an alcohol or drug test is administered, the employee shall continue on special assignment until test results are available. In no event shall such employee be allowed to operate a motor vehicle or any City equipment during ti is period. Final test results shall be reported directly and immediately to the Labor Relations Director or designee. If the results and the facts of the particular case are positive for drugs or indicate impairment from alcohol, the employee shall be immediately and indefinitely suspended with pay. The City shall make every reasonable effort to ensure that such employee does not operate a motor vehicle (i.e., provide transportation for employee to his/her home). Should the employee refuse to cooperate and attempt to operate a motor vehicle, the police shall be immediacely notified. At all stages of this drug/alcohol testing process, the employee's right to confiden- tiality will be respected and maintained as much as reasonably possible. Only those persons with a need, to know are to be informed of the test results. Disclosure of test results to any other person, agency, or organization is prohibited unless written authorization is obtained from the employee. All records relating to the taking of a drug/alcohol test, or the order to take a drug/alcohol test, shall be deemed confiden- <ecutive Order >ro Tolerance Policy on Drug and Alcohol buse in the Municipal Workplace ige 8 tial unless written authorization has been obtained freely and willingly from the employee, or the records become the subject of a Personnel Board, arbitration hearing, or judicial proceeding. All records relating to the taking or ordering of a drug/ alcohol test shall be kept in a separate file. Each Department Head shall implement procedures to prevent the unauthorized distribution of the results of an order to take such a test. The facility designated by the City will be licensed pursuant to the Federal Clinical Laboratories Improvement Act of 1967, 42 U.S.C. 263a or be accredited by the College of American Pathologists. The above does not apply for breath tests. Any breath testing device shall conform to the rules and regulations of the Nebraska Department of Health, and the operators of such devices shall be persons who have obtained or been issued a permit to operate such device pursuant to the rules and regulations of the Nebraska Department of Health. If a test is performed under the Omnibus Transportation Employee Act of 1991, the facility and equipment shall be licensed and approved as required by that Act. The facility designated by the City shall use strict chain of custody procedures, which ensure proper identification, labeling, and handling of test samples. Such samples (except for breath test specimens) which result in a finding of drugs or alcohol shall be. refrigerated and preserved in a sufficient quantity for re-testing. Furthermore, such facility shall, in all respects, comply with Sections 48-1901 to 48-1910 Nebraska R.R.S. (1988) and all applicable State and Federal statutes, rules, and regulations. When drug testing is required under the provisions of this Policy, a urinalysis test will be given to detect the presence of the following drug groups: Urine Drug Testing Components: Drugs Level Amphetamines 300 ng/mL Barbiturates 300 ng/mL Cannabinoids 50 ng/mL Cocaine Metabolite 300 ng/mL Benzoidazephines 300 ng/mL Methadone 300 ng/mL Methaqualone 300 ng/mL Opiates 300 ng/mL Phencyclidine 75 ng/mL Propoxhene 300 ng/mL { ::ecutive Order Zero Tolerance Policy on Drug and Alcohol Abuse in the Municipal Workplace Page 9 Any applicant for any City job may, at the discretion of the City, be required, as a part ' of his/her pre-employment physical, to undergo drug testing pursuant to Section D of this Policy. Any applicant who refuses such testing, or tests positive, shall have his/her hiring process terminated. Such person will not be allowed to re-apply for any City position for a period of one year. Supervisors are responsible for consistent enforcement of this Policy. Any supervisor who knowingly permits a violation of this Policy shall be subject to disciplinary action. Any non-supervisory employee who believes that any other City employee (supervisor or non-supervisor) is in violation of this Policy may report that belief by contacting the City Safety Inspectors at the hotline number, 978-3184. In addition to the above outlined testing based upon reasonable suspicion and for pre- employment purposes, this Policy shall be followed in random tests given pursuant to labor contracts or State or Federal law. Positive Test Results: Pursuant to the above procedure, an employee who tests positive for drugs or who is determined, based upon the test or circumstances, to be impaired by alcohol may be subject to disciplinary action up to and including termination. Any disciplinary action shall be in conformance with appropriate labor agreements, and any due process,rights that employees have under those Agreements will be adhered to. Factors to be considered in determining appropriate discipline, which may include termination, include but are not limited to the following: 1. The position held by the employee and the resulting danger to the health and safety of the employee or the public by such an employee's use of controlled substances or alcohol. 2. The impact of an employee's use of controlled substances or alcohol on the employee's ability to perform his or her job in the future. 3. The employee's past job performance. 4. The length of employment with the City. 5. The employee's current job performance. . ive Order .olerance Policy on Drug and Alcohol in the Municipal Workplace 0 6. The extent and nature of past disciplinary actions. A second violation of the City's Policy regarding alcohol or controlled substances will generally result in termination. • 7. Whether the employee's conduct is scandalous to the service. Pursuant to this Policy, any sworn Police Officer who tests positive for drugs, other than alcohol, shall be terminated. When any other employee tests positive for drugs or is impaired by alcohol, if the employee is not terminated but is either not disciplined or disciplined in some lesser.manner, the employee shall be referred to the City's Employee Assistance Program (EAP) for assessment, counseling, treatment, and rehabilitation. This shall be a management referral, and, as such, the employee shall be required to execute the necessary medical releases so that the EAP may communicate to the City whether or not such employee is in compliance with directed treatment. Failure of the employee to comply with such directives shall be considered insubordination and, as such, shall subject the employee to new and separate grounds for disciplinary action up to and including termination. In addition, such employees shall be required, in order to maintain their employment -ment with the City, to submit to Iandom testing for the consumption of alcohol or ct.rugs for a period of time (not to exceed two years) reasonably determined based upon the circum- stances of the case. Any employee who tests positive for drugs or is shown to be impaired by alcohol, pursuant to this random test, shall be terminated. • :HE POWER VESTED IN ME AS MAYOR BY SEC=1 ION 3.04 OF THE HOME RULE .RTER OF THE CITY OF OMAHA, 1956, AS AMENDED, I HEREBY PROCLAIM THIS TO HE EXECUTIVE ORDER ESTABLISHING AND GOVERNING THE CITY ZERO TOLER- :E POLICY ON DRUG AND ALCOHOL ABUSE IN THE MUNICIPAL WORKPLACE. IL- 1ESS myhand as Mayor of the Cityof Omaha this l6 dayof //'��: lidi -! , 1995. Y 1 �. fL . (4),i( / y Hal`daub, Mayor • City of Omaha e<odr\Personnel\Ololernc.doc • EXHIBIT "C" I. POLICY STATEMENT • TO: ALL EMPLOYEES AND APPLICANTS FOR EMPLOYMENT: The success of the City of Omaha will not come from the two of us but. rather from the excellent people who work for the City. As a result we are firmly committed to equitable treatment of all persons . The City of Omaha's policy is to treat all employees and job applicants fairly . This policy applies to all aspects of employment including, but not limited to, recruiting efforts , hires , transfers , promotions , training opportunities , sponsored social and recreational activities , and reasonable •accommodations related to disability or religion. Discrimination due to race, color, religion, sex, national origin , age, marital status or disability will not be tolerated . Discrimination against special disabled veterans and veterans of the Vietnam era also will .no t be tolerated. The City of Omaha has developed an Affirmative Action Plan to help us achieve our goal of equal employment opportunity . This Plan is based on a principle embodied in our democratic form of government . A government should reflect the people it serves . Omaha is a pluralistic community with disabled and non-disabled citizens of various racial and ethnic groups . It is important that the City of Omaha reflect this plurality in the race , ethnicity , sex and disability/non-disability of its employee workforce . ' Consequently the City is committed to personnel practices designed to achieve this pl:.rality in all levels of the organization. The steps the City has decided to take to meet this commitment are described in tie Aifirmati ve Action Plan. Each Department Director is responsible for the Plan and every employee is / expected to promote this effort. , , P . J. i rgan, May r Jos h - Friend, President City o Omaha City Council • / yf99a � . . Date -4- C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr • RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the Institute for Social and Economic Development (ISED) desires to enter into an agreement with the City of Omaha in the amount of$60,000.00; and, WHEREAS, the Institute for Social and Economic Development will provide the Juvenile Accountability Incentive Block Grant (JAIBG) program evaluation component examining the third year of the project. The evaluation plan consists of four components: (1) a graduated sanctions study; (2) a juvenile justice data/MIS study; (3) a juvenile justice system outcome study; and (4) production of progress reports and a final evaluation report; and, WHEREAS, the Institute for Social and Economic Development has signed the attached agreement stating they will provide the JAIBG program evaluation to promote greater accountability of serious violent juvenile offenders in the juvenile justice system and be responsible to provide project requirements as stated in the Agreement and the Nebraska Commission on Law Enforcement and Criminal Justice; and, WHEREAS,the Mayor has recommended approval of the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT; as recommended by the Mayor, the agreement in the amount of$60,000.00 between the Institute for Social and Economic Development and the City of Omaha, as stated in the Agreement and the Nebraska Commission on Law Enforcement and Criminal Justice, Juvenile Accountability Incentive Block Grant Award Number 00-JA-602,is approved by resolution of this Council to pay for the program evaluation of the Juvenile Accountability Incentive Block Grant programs; and, By Councilmember Adopted City Clerk Approved Mayor r C 2SA CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr PAGE 2 Y • BE IT FURTHER RESOLVED: THAT, the Finance Director is authorized to pay the agreement from JAIBG Fund No. 167, Agency No. 300, Organization No. 6129. 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