2006-09-21 Cost of Government Commission Minutes

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agreement that they would conduct themselves as much as possible in the manner described. This might be something for the County to consider. Mr. Sakaguchi asked whether this would need to be negotiated with the union, and Mr. Ben said they would need to consult with the union. Mr. Ben explained that hospitals are different in the sense that they are a homogenous group. The County is not—it has everything from laborers up to high -level engineers within one department. Each department is responsible for promulgating its own rules. Mr. Ben said that there is an Ethics Code which employees are bound by. Mr. Takahashi said that he used to do the employee orientation for the County about 15 years ago. He would provide all new employees with a copy of the County's Code of Ethics. He said he is unsure on whether that is still being done, but he will follow up and start it up again if it is not. He used to pass the Code out and explain to employees what they should or should not do regarding gifts and equipment, etc. Mr. Takahashi said the training program went stagnant for awhile but is starting up again, and he will make sure the ethics handout is a part of it. Mr. Ben clarified that when he spoke about orientation and the general policies and procedures, the Code of Ethics is to be a part of that. Mr. Sakaguchi asked where drug testing comes into the picture. Mr. Ben said drug testing is done for all employees who come under the federal law. This includes CDL drivers, fighter fighters and police officers, and the testing is random. Mr. Ben said the COGC needs to understand and be aware that public employees are protected by both the U.S. Constitution and the State Constitution in regard to the right to privacy. There is a right to privacy law which states that the government shall not invade peoples' privacy. Courts have ruled that drug testing is an invasion of privacy. The private sector can drug test its employees, but government employers are subject to constitutional restraints. Court cases have ruled that police officers, fighter fighters, and CDL drivers may be drug- tested because of catastrophic events that could happen during their work. The County cannot give drug tests to all employees who drive cars, because the general public also drives cars. Public employees are protected by the privacy provisions of both the federal and state constitutions. Ms. Nicholson asked whether it was the responsibility of the Civil Service Department to orient a new employee who may be a brand new supervisor on how to supervise people, or whether Civil Service's orientation is purely on County policies and benefits. Mr. Ben said he would not be able to cover this issue in one session. They are in the process of trying to identify the core skills and knowledge needed by supervisors in order to fashion a course to help train and develop those skills. However, it is up to the hiring department, through the selection process, to pick someone who possesses those supervisory skills. The best worker may not be the best supervisor, as different skills are required. Ms. Nicholson asked whether Mr. Ben felt it was a department's responsibility to make sure its employees were adequately trained. Mr. Ben said yes, but that Civil Service will do what it can to help.