R-96-923•
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CITY OF CLERMONT
RESOLUTION
No. 923
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A RESOLUTION OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA, AMENDING THE PERSONNEL POLICY
OF THE CITY OF CLERMONT AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Clermont adopted the current
Personnel Policy of the City of Clermont Resolution No. 705 dated February 26,
1991, and amended it by Resolution 739 dated October 8, 1991, Resolution No. 746
dated July 28, 1992 and Resolution No. 771 dated September 24, 1992; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Clermont that the City of Clermont Personnel Policy will be amended as follows:
CHAPTER I: GENERAL
i n 2• Employee Conduct
2.010 SUBSTANCE ABUSE: The City of Clermont in accordance with the Drug
Free Workplace Act (P.L. 100-690) and in an effort to provide a healthy and
safe working environment for all of its employees and the citizens of the
community, hereby provides the following policy and procedures regarding
substance abuse:
POLICY:
1. The distribution, possession or use of any illegal controlled substance (as
defined in, but not limited to, Public Law 100-690), and including
alcohol, is prohibited in the workplace.
2. Penalties as outlined in Section 14 shall be imposed upon employees for
workplace substance abuse violations.
3. All employees shall comply with the terms of this section as a condition
of employment.
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CITY OF CLERMONT
RESOLUTION
No. 923
Page 2
TESTING: Substance abuse testing may be conducted in the following forms
for all employees:
1. ANNUAL TESTING:
Test+n~ As a condition of employment with the City, all permanent
full-time employees are required to submit to an annual drug test.
PROCEDURE:
• At the time of the annual physical or at a separate time that is mutually
convenient to both parties prior to December 31st of each year, the
employee is required to take the drug test at the City's designated
provider. After processing of the specimen by the provider, the results
will be forwarded only to the City's assigned person. The designated
employee will review these results and meet with all involved city
personnel to finalize disposition of the these results:
1. Test results negative: The results are filed in a secure, non-public
file. These results are held for two years and then destroyed.
2. Test results positive: The specimen will be retested by a
laboratory independent of the laboratory performing the first test.
If the second set of results is negative, the employee is considered
as a non-user and previous results are destroyed and the second
set of results is filed, as previously discussed. If the second set of
results is positive, the employee will be advised of the problem by
the City's designated representative and will immediately be
placed on leave status. Earned sick leave will be used, if
available. Any additional time off may be charged against annual
leave, if available or shall be leave without pay.
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CITY OF CLERMONT
RESOLUTION
No. 923
Page 3
After the first positive drug incident, the employee is offered:
1. Drug Counseling
2. Drug Therapy -either inpatient or outpatient, as determined
by the involved medical providers. Payment shall be as
provided by the employee's major medical coverage. The
employee will be given the necessary time to fulfill the
aforementioned obligations. Time missed from work shall
first be charged to any earned sick leave. Additional time
may be charged against annual leave or shall be leave
• without pay.
3. The determination of when the employee may return to
work and under what conditions, if any, will be made by
the City Manager upon receiving a recommendation from
the City's Employee Assistance Provider.
4.
~ Failure by the employee to complete the prescribed
remedies listed will result in termination.
2. REASONABLE SUSPICION TESTING: Reasonable Suspicion
Testing is a belief based on objective facts sufficient to lead a Supervisor
to suspect that an employee is under the influence of drugs or alcohol.
For example, any of the following alone or in combination may
constitute Reasonable Suspicion:
1. Slurred speech
2. Alcohol on breath
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CITY OF CLERMONT
RESOLUTION
No. 923
Page 4
3. Inability to walk a straight line
4. An accident while on duty or involving city property
5. Physical or verbal altercation
6. Unusual behavior
7. Possession of drugs or alcohol
PROCEDURE:
• 1. Based on the criteria noted above, a Supervisor suspects that an
employee is under the influence of a controlled substance, either
drugs or alcohol.
2. The Supervisor informs the Department Head of his suspicion.
3. The Department Head reviews the facts of the suspicion and
makes a recommendation to the City Manager or his designee.
4. Upon review of the facts with the Department Head, the City
Manager or his designee may authorize a Reasonable Suspicion
Test to be performed on the employee.
5. Should the City Manager authorize the test, the Supervisor shall
obtain a drug test authorization form from City Hall and transport
the employee to be tested to the designated testing provider and
transport the employe home following testing.
6. The employee shall be placed on leave with pay status until the
test results are available to the City. If the results are negative,
the employee will be allowed to return to work. If the results are
positive, the employee shall be treated in accordance with the
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CITY OF CLERMONT
RESOLUTION
No. 923
Page 5
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procedures outlined in this section pertaining to "Annual
Testing" .
7. The Supervisor shall submit a detailed written report of the
incident to the Department Head and Personnel Department.
8. The testing procedure should follow the same procedures as
outlined in Section 2.010.
3. POST-ACCIDENT 1TSTING: Post-accident testing is the testing of
employees following accidents involving commercial motor vehicles.
• Post-accident testing is mandatory in any of the following situations:
1. An accident involving a fatality, or
2. An a~eident in which the City employee is determined to be at
fault pursuant to the investigating law enforcement agency.
If the above situations arc not present, testing still may be performed,
but only in accordance with the procedures outlined in this section
pertaining to "Reasonable Suspicion Testing."
PROGFDUItF:
1. Employe informs supervisor immediately following the accident.
2. If any one of the situations as noted above is present, supcrviscu
sl~al! obtain a drug test authorization form from City Ha![ and
transport the employee to the designated testing provider.
3. Upon coml~ietion of the test, the supervisor shall transport the
• employee back to his; her work site without job restrictions.
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CITY OF CLERMONT
RESOLUTION
No. 923
Page 6
~#. If the test results are positive, the employee shall be treated in
accordance with the procedures outlined in this section pertaining
to "Annual Testing."
4. FOLLOW-UP TESTING; Follow-trp testing is the testing of employees
who have completed an employee assistance program for drug/alcohol
related problems in accordance with the Drug-Free Workplace Act.
employees are suhjcct to this testing for a pericxl of two (2) years
following the previous drug incident.
PROCEDURE:
• ] . Upon approval of the Department Head and City Manager, the
supervisor obtains a drug tc;st authorization form from Ciiy Hall
aril transports the employee to the designated testing provider.
Advance notice of the test shall not 6e given to the employee.
2. Upon completion of the test, the supervisor shall transport the
employee back to hisllrer work site without job restrictions.
3. If the test results are positive, the employee shall he terminated.
THIS RESOLUTION shall take effect upon its passage and adoption in the
manner provided by law.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA THIS 24TH DAY OF SEPTEMBER,
1996.
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Robert A. Pool, Mayor
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CITY OF CLERMONT
RESOLUTION
No. 923
Page 7
Attest:
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J eph E. Va e, ity Clerk
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