Cannabis in the
Workplace Page 4
EVERYTHING FOR THE WORKPLACE
Chairman's MESSAGE By Bob Tinsley Staff
Janice Moore President/CEO Nyesha Loyd Executive Assistant
Ambassadors • Executive Government Relations
Executive Committee Chairman Bob Tinsley
First Vice Chairman Chris Ackerman Treasurer Victoria Martin Secretary Janice Moore Past-Chairman of the Board Colleen Hunt
Members of the Board Kevin Mahany Elizabeth Stepanian Krystal Beck Kari Leon Raghada Khoury Jeanie Miller Nick DiCosola Virginia Watterson Richard Richter Carol Thomas- Keefer Richard Bounce Tessa Schutz Miriam Munoz Tom Hoegerman Arlene Pence Bruinsma Terry Saenz
Editor & Designer Chris Ackerman - Signify Designs Printed at Mojave Copy & Printing The AV Business Source Magazine is published monthly by The Apple Valley Chamber of Commerce Spirit River Center 16010 Apple Valley Rd. Apple Valley, CA 92307 Tel. 760.242.2753 Fax. 760.242.0303 Email. firstname.lastname@example.org Web. www.AVChamber.org
Volunteers! What would we ever do without them? If we paid them minimum wage, fund raisers would be impossible as well as many well respected good organizations. As I write this, The Apple Valley Chamber of Commerce Volunteer Committees are hard at work organizing the events for the rest of the year. I love seeing how much pride they take and how much fun they get out of their work. Thanks VERY MUCH to each and every one of you for all your time and efforts, without you all we could not survive nearly so well. You are the perfect example of participating and getting involved with where you live and make a living. Having said that, The Golf Committee has been hard at work putting together one of the BEST tournaments yet and this years event is just around the corner on April 3rd at The Apple Valley Golf Course, golf is just a mere part of what goes on that day. There are many opportunities available. “TEE” signs, HOLE sponsorships, Most Accurate Tee shot, Closest to the hole, Putting Contest, call the Chamber to get in on one of these events. AND, oh yes there’s going to be some pretty darn good golfers pitted against one another, such as The Town of Apple Valley vs. The City of Victorville for their annual shoot out. I hear Hesperia may just want to have some say in that with their own team. (Continued on page 3)
Calendar March 2017 March 14th Executive Committee Meeting Chamber Conference Room, Spirit River Center 8:00 a.m. – 9:00 a.m. Chairman: Bob Tinsley, Spirit River Center March 15th General Membership Luncheon Apple Valley Golf Course 15200 Rancherias Road, Apple Valley 11:30 a.m. – 1:00 p.m. March 17th Ambassador Committee Meeting Chamber Conference Room, Spirit River Center 16010 Apple Valley Road, Apple Valley 12:00 p.m. – 1:00 p.m. Chairman: Richard Bounce, Bounce Realty
March 21st Board of Directors Meeting Chamber Conference Room, Spirit River Center 16010 Apple Valley Road, Apple Valley 8:00 a.m. – 9:00 a.m. Chairman: Bob Tinsley, Spirit River Center
April 2017 April 7th Government Relations Committee Meeting Chamber Conference Room, Spirit River Center 16010 Apple Valley Road, Apple Valley Noon – 1:00 pm Chairman: Pat Orr, Little Caesars
MESSAGE (Continued from page 2)
There will be special prizes for all the winning teams as well. A “HOLE in ONE” can win you a NEW CAR from one of the Valley Hi Dealers. The Ambassadors, another committee of volunteers, will be there to see that you have a great day mixing, marketing your business and meeting new people. There will be drawings for many nice prizes, good food and fun. Golfer or not, come on out and have a fun filled day. April 3, Apple Valley Golf Course, 11:00 show, 12:00 GO! I hope to see you all there.
Member Stats New Members Lecoq Practice Development
March 15th, 2017
14420 Iroquois Rd. Apple Valley, CA 82307
Apple Valley Golf Course
Wright Group Powered by eXP Realty 14286 California Ave #101 Victorville, CA 92392
Gamechangers 17527 Hudson Drive Victorville, CA 92395
Apple Valley Unified School Dist. R & S Beverage Company Hi-Grade Materials/Robar Ent. Inc. Town of Apple Valley Victorville Glass Co., Inc. Waggin’ Tails American Legion Post 256 Spirit River Center and Executive Offices Frick, Frick & Jette’ Architects The Church for Whosoever Valley Insured Property Management, Inc. Friends of Apple Valley Library California Writers Club High Desert Branch Mohahve Historical Society Silver Valley Propane
15200 Rancherias Rd. Apple Valley, CA 92307 Check-in begins at 11:15 a.m. Lunch is served at 11:30 a.m.
Program Jeff Matanane, USPS Business Development Specialist “Business Mailing Options with the US Postal Service”
HOLD ON FOLKS! I just heard that Trigger has jumped out of his corral and is running about Town looking for the Lively Stable and a NEW HOME ! If you happen to see him running about, call the Chamber of Commerce and maybe we can get a Lasso on him ! Look for MUCH more on this exciting upcoming event.
General Membership Luncheon
The Phoenix Foundation
Drawing Terry Saenz, VVAPL Humane Society
Ticket Sales Armida Murphy
Ambassador Chair Richard Bounce, Bounce Realty
29 Years 36 Years 30 Years 27 Years 33 Years 18 Years 10 Years 9 Years 8 Years 8 Years 8 Years 6 Years 5 Years 5 Years 3 Years
We appreciate the overwhelming response in attendance at the General Membership Luncheon and wish to accommodate all members in attendance. In our efforts to fulfill the reservations at the Apple Valley Golf Course for the monthly luncheon we ask that members R.S.V.P. no later than the Thursday before the luncheon. Should a member reserve and not attend, the lunch fee of $25.00 will be billed to the member. Notice of cancellation of reservations for the luncheon must be made 24 hours in advance in order to avoid the lunch fee.
Jackie Bounce, Bounce Realty Joan Phelps, HD Center for Spiritual Living Miriam Munoz, Valley Hi Honda Linda Martin, Linda’s Tailor Shop Anita Holmes, California Writer’s Club Terry Saenz, VVAPL Humane Society Barbara Smith • Armida Murphy Lindsey Kerry, Thompson Family Plumbing Tessa Schutz, Kranbox Eva D’Antonio, CBS Radio Ramey Curry, Agio Real Estate
RSVP Apple Valley Chamber of Commerce (760) 242-2753 or email@example.com
Cost $20.00 per person with reservation $25.00 per person at the door without reservation Reasonable accommodations will be made for individuals with disabilities upon request.
FEATURE STORY Prop 64 has passed in the November 2016 election. Like it or not, marijuana is now legal in California. Medical use has been legal for quite a few years, but with the Bill’s passing, it is now legal for recreational use. I decided to look into this and how it impacts both employers and employees in the workplace. I recently attended a Hesperia Chamber of Commerce Coffee Club meeting where the attorneys for Best Best & Krieger spoke about employer policies and employee rights. It was a packed house with both sides of the marijuana issue in attendance. Prop 64 now allows personal use for those 21 years or older, the possession of 28.5 grams of cannabis plant material and 8 grams of concentrate. You can also grow up to 6 plants in your own home and have possession of any marijuana from those plants. Sometime in 2018, we should begin seeing recreational marijuana shops open, but for now it is still illegal to buy it without a medical card. To clarify, cities cannot ban the growing or use in the home, but they can ban it from use in public places, on-site use at dispensaries or any public use within 1000 feet of any school, park, or public gathering place. In the workplace, the issue of substance abuse with staff is always on the mind of the owner. Statistics from Best Best & Krieger say that 70% of current illegal drug users are employed and make up 11% of the workforce. Even higher, 90% of alcoholics are employed. I have always thought that the rules of
Cannabis in the Workplace by Chris Ackerman
alcohol and marijuana in the workplace should be quite similar, but does an employee now have a right to use it on the job due to a medical issue wherein they possess a medical marijuana card, or how much is too much to function in a safe manner? According to attorney Joseph Ortiz, drug users in the workplace are 2.5% more likely to have absences for longer than 7 days, 3.6% more like to have a workplace accident that involve themselves or a coworker, 5% more likely to have an accident off-site, resulting in absences and work performance issues and finally, are 1/3 less productive. Now the question begs, can an employer discipline an employee for using marijuana, even if it is legal? The answer is yes. Prop 64 had little guidance on the issue of employment and because marijuana is still illegal by Federal Law, any private owned business can ban the use. There have been lawsuits filed by terminated employees using California Labor Code 96(k) which states, “Claims for loss of wages as the result of demotion, suspension, or discharge from employment for lawful conduct occurring during nonworking hours away from the employer’s premises.” As of right now, employers have fought back and won with the fact that since Marijuana is still illegal under Federal Law, Labor Code 96(k) is not applicable. Studies have said that although alcohol is normally out of your system within 24 hours, marijuana can be in (Continues next page)
your system for 30 days, so testing an employee can be a bit challenging whether they are currently using or 3 week prior. Upgraded testing is in process to find ways to determine the last time a person smoked or ingested, the measure of THC levels, and to be able to differentiate between recently used but not impaired and impaired. For now, Employers can still use the suspicion method of testing in the workplace that allows the employer “Specific contemporaneous and articulatable observations of behavior, appearance, odors, or speech that suggest drug or alcohol abuse (see 49 CFR 382.307(a). When it is all said, employers just want to know, “well, is it legal or not?” Since marijuana is still illegal under Federal Law, and Prop 64 provided no employee protections, then employers can still rely on that in supporting policies and standards in the workplace. If there are changes in ADA, state law or legalized federally, this would potentially change. It has been suggested that employers should protect themselves by posting an inhouse notice reminding employees that, (1) marijuana is still illegal under federal law, (2) even with the passing of Prop 64 does not make it acceptable to be under the influence at work, (3) your company still maintains a zero tolerance policy and (4) any employee testing positive for marijuana usage, regardless of intoxication level, will be subject to potential termination. If you have more questions on this issue, Please contact legal council. I am no expert on this, just reporting on it. Best Best & Krieger can be contacted at (951) 686-1450. In full disclosure, I spoke with Diana from the High
Desert Cannabis Association and asked her to call or e-mail me on her thoughts or rebuttal to the presentation. At time of going to press, I was not contacted.
Paws for Conservation. Water is essential to everything that’s living, and we must be smart about how we use it. There is no shortage of ways that you can make a difference, and Liberty Utilities is here to help. Please don’t use more than you need.
Conserving is Caring. www.libertyutilities.com
Victoria Martin, ArchAngel Estate Planning and Board Treasurer presents on the State of the Chamber.
Chairman Bob Tinsley keeps the meeting running on time!
Miriam Munoz, Valley Hi Honda, updates the membership on the goings on with our Ambassadors.
Tom Hoegerman, AVUSD Superintendent of Schools proudly presents an update on our schools.
A full house as Chamber Members enjoy getting together to learn from Robert Martinez, AIA, CASp.
“Pretty Women!” Ambassadors Terry Saenz, Miriam Munoz, and Eva D’Antonio deliver the gifts.
Mayor Nassif announces the ribbon cutting for Yucca Loma Bridge on May 19.
Robert Martinez, AIA, CASp keynotes the luncheon on ADA Requirements for business.
The Town of Apple Valley’s recently assigned Captain Frank Bell tells us violent crimes are going down.
Table sponsor was Don Brown with Lee & Associates, reiterating the importance of knowing ADA law for commercial properties.
Louisa Miller, IESBDC announces the next workshop sponsored by the Apple Valley Chamber of Commerce.
Monday, April 3rd, 2017
Check-In Starts @ 10:30am Shot Gun Start @ noon
Includes golf, fun, pizza party, and prizes.
Make checks payable to Apple Valley Chamber of Commerce Name:_______________________________________ _____________________________________________ _____________________________________________
• $320.00 per foursome or $80.00 per player. Sponsorship (See Back): __________________________________ Total $:________________
Apple Valley Chamber of Commerce
16010 Apple Valley Rd • Apple Valley, CA 92307 • Phone: (760) 242-2753 • Fax: (760) 242-0303
Business Spotlight CBS has spent decades building its brand nationally and has been part of the Victor Valley since 2000. Radio Stations KVFG-FM, also known as Route 103 KVFG, features classic hits from the 70’s and 80’s, while sister station KRAK Sports 910-AM, CBS Sports Radio features the best sports commentators in the business, plus live play-by-play broadcasts of Angels Baseball, Lakers & Clippers Basketball, the Chargers and other NFL Games. As marketing changes with technological advancements, so does CBS Radio. CBS has brought the Best of Class Marketing capabilities to Victor Valley social media and digital advertising for businesses of all kinds with CBS Digital. CBS has the ability for digital display, sponsorships. Streaming, live events and much more, including social media targeting, email marketing and site retargeting. Apple Valley Chamber Ambassador Eva D’Antonio works as a sales consultant for CBS Radio, and is available to answer any questions you may have to find affordable and effective ways to get your business on the radio!
SO CAL MICRO Brews WINE LIVE MUSIC FOOD TRUCKS RAFFLES THE COCOON ART GALLERY
JUNE.10.2017 • Lion’s Park • Apple Valley, CA VIP 11AM - 4PM • General Public: 12PM - 4pm VIP: $60 • GENERAL: $30 ($35 AT DOOR) • DESIGNATED DRIVER: $10 INFO: JANICE MOORE: 760.242.2753 • Sponsorship Opportunities available
Business MOMENT In the Calendar section on page 2 of the Source, you may have noticed the Government Relations Committee that meets at the Apple Valley Chamber office. I decided to attend the March meeting to get a first hand view of what happens. The room is literally a who’s who of the High Desert business community. Normally Pat Orr from Little Caesars run the meetings, but was absent so Art Bishop from the Town of Apple Valley Council took his place. First to speak was Amanda Meere from Assemblyman Jay Obernolte’s office. Amanda introduced the group to their new field representative Christopher Scott and then shared some of the new Bills Jay is working on. Once such Bill is AB-2, where any attack on a police officer or their families would be constituted as a hate crime and AB912 would help regulate penalties on small businesses. Don Holland from Supervisor Robert Lovingood’s office and told the group of Robert’s priorities and goals for the year. One of those priorities is working hard to streamline the permitting process for residential and commercial projects, to help jump start construction.
Robert also wants to work on technical training by merging education and business together. He is modeling this idea on the merge that California Steel did with Chaffey College, developing a training center to boost the economy. Robert would like to do the same in the High Desert. Art Bishop shared some exciting news from the Town of Apple Valley, such as an opening date for the Yucca Loma Bridge. There will be a ceremony on May 19th, a walking, hiking, and equestrian ride on the 20th and open to motor vehicles on Monday, May 22nd.
The Government Relations Committee By: Chris Ackerman
Speaking on Yucca Loma, the corner of the street and Apple Valley Road will become quite a hub as plans are now in place to build a shopping center on the corner.
Other news passed around the room at the Government Relations Meeting came from Sheriff Lt. Greg Loup, who told the group that although calls were up over last year by 82 in the month of January, serious felony calls were down by 72. Apple Valley’s Interim Battalion Chief, Buddy Peratt announced the retirement of Chief Sid Hultquist on August 21st and the upcoming reopening of both the Yucca Loma and Jess Ranch Stations, thanks in part to the passing of Measure A. More updates, handouts, and news came from the remainder of the group such as Tony Penna (Liberty Utilities), Caroll Yule (Shear Realty), Kevin Mahany (St. Joseph Health St. Mary), Cindy Toms (Desert Community Bank), Louisa Miller (IE Small Business Development Center) and Donna Gilmore from the Apple Valley Village, who announced a street Fair on June 3rd. Due to space restrictions, I cannot share all the news and information shared at the meeting, but I left with so much information about where Apple Valley is and where it is going in the future. I highly recommend attending this informative group of professionals. The Government Relations Committee meets the first Friday of each month at the Apple Valley Chamber office.
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SUBMISSIONS Nyesha Loyd, editor, accepts articles for possible newsletter publication. Articles are subject to editing and will be published on a space available basis.The Apple Valley Chamber of Commerce assumes no responsibility for the care or return of submitted materials. DISCLAIMER All reasonable efforts have been made to ensure the accuracy of the information contained in THE BUSINESS SOURCE. The Apple Valley Chamber of Commerce accepts no responsibility for damages arising directly
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or as a consequence of the use or publication of inaccurate information.The opinions expressed by contributors are their own and are not necessarily shared by THE BUSINESS SOURCE, its staff, the Apple Valley Chamber of Commerce or its advertisers. Editorial content is intended as general information and not seen as specific legal or financial advice. For such, readers are advised to consult professionals in the appropriate field. The Apple Valley Chamber of Commerce assumes no liability resulting from advertising contained in this publication.
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