R-91-739• •
CITY OF CLERMONT
RESOLUTION
NO. 739
A RESOLUTION OF THE CITY COUNCIL 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
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:
SECTION 1. Chapter I, Section 2.010
Annual Testing Procedures shall be amended to read as follows:
1. ANNUAL TESTING: All employees at the time of adoption of the
City's Substance Abuse Policy and all new employees at the
time of employment shall be required to sign a Release Form
that as a condition of employment he/she will submit to Annual
or Reasonable Suspicion Testing.
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
Screening 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 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 laboratorv independent of the laboratorv performincr 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. The employee shall then follow the
procedures set forth below:
After the first positive drug incident, the employee is
offered:
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RESOLUTION
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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.
3. The determination of when the emplovee 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. Employee is subject to scheduled or random testing
for a period of two years following the incident.
A second positive drug incident may result in
termination.
5. Failure by the employee to complete the prescribed
remedies listed will result in termination.
Reasonable Suspicion Testing Procedures shall be amended to read as
follows:
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 along or in combination may constitute
Reasonable Suspicion:
1. Slurred speech
2. Alcohol on breath
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
CITY OF CLERMONT
RESOLUTION
NO. 739
Page -3-
suspicion.
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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 transport the employee to be
tested to the designated testing provider and
transport the employee 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 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.
SECTION 2. Chapter II, Section 4.020
Pre-employment Drug Testing Procedures shall be amended to read as
follows:
PRE-EMPLOYMENT DRUG TESTING: Prior to hire, the
prospective employee shall be advised of the requirement
that a Drug Screen (test) will be required as a condition
of employment. The prospective employee will be required
to sign a Release Form for the test. Failure to sign the
release shall disqualify the applicant for the position.
The prospective employee will report to the provider
designated by the City for the screen at a time
specified. The required test is administered and the
results are forwarded to the City's representative for
handling personnel matters.
If the test is negative, the pre-employment process
continues. If the test is positive, the specimen will be
retested by a laboratorv independent of the laboratorv
performing the first test. If the second set of results
is negative, the prospective employee is considered a
non-user and the pre-employment process may continue. If
the second set of results is positive, the prospective
employee is notified of the problem and not hired and
will not be considered for hire for a twelve (12) month
period. The first set of results should be destroyed and
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CITY OF CLERMONT
RESOLUTION
NO. 739
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the second set should be forwarded to the City's
representative for handling personnel matters.
SECTION 3.
This Resolution shall become effective immediately upon adoption.
DONE AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA, THIS 8TH DAY OF OCTOBER, 1991.
~% i~c~
Robert A. Pool, Mayor
Attest:
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Jo E. Van Zi e, ity Clerk