HomeMy WebLinkAboutOrdinance No. 14-1994r
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ORDINANCE NO. 14 -94
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING ITS CODE OF ORDINANCES, CHAPTER
352, DRUG FREE WORKPLACE, BY AMENDING SECTION 352.03,
REASONABLE SUSPICION TESTING, OF THE CODE OF ORDINANCES OF
THE CITY OF CAPE CANAVERAL TO CHANGE THE CRITERIA FOR
REASONABLE SUSPICION TESTING FOR THE EXISTENCE OF THE
INFLUENCE OF ALCOHOL OR USE OF DRUGS BY EMPLOYEES OF THE
CITY; CREATING SECTION 352.031, ROUTINE FITNESS FOR DUTY, TO
REQUIRE A DRUG TEST AS A PART OF A ROUTINELY SCHEDULED
EMPLOYEE FITNESS FOR DUTY MEDICAL EXAMINATION; CREATING
SECTION 352.032, FOLLOW -UP TESTING, TO REQUIRE EMPLOYEES TO
SUBMIT TO A FOLLOW -UP DRUG TEST WHEN THE EMPLOYEE HAS
ENTERED INTO A PROGRAM RELATING TO ALCOHOL OR DRUG
PROBLEMS; CREATING SECTION 352.033, INJURY RELATED TESTING,
REQUIRING AN EMPLOYEE TO SUBMIT TO A DRUG TEST TO
DETERMINE THE EXISTENCE OF THE USE OF DRUGS OR ALCOHOL
BY THE EMPLOYEE AT THE TIME OF AN INJURY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
• CANAVERAL, BREVARD COUNTY, FLORIDA, that:
SECTION 1. Section 352.03, Reasonable Suspicion Testing, of the Code of
Ordinances of the City of Cape Canaveral is hereby amended to read as follows:
Sec. 352.03. Reasonable Suspicion Testing. An existing employee of the City
shall be required to submit to a test to determine the existence of the use of drugs when
there exists a reasonable suspicion that such employee is under the influence of alcohol
or is a user or abuser of drugs. Reasonable suspicion is based on a belief drawn from
specific objective and articulable facts and reasonable inferences drawn from those facts
in light of experience. Reasonable suspicion drug testing shall not be required except
upon the recommendation of a supervisor who is at least one level of supervision higher
than the immediate supervisor of the employee in question. Among other things, such
facts and inferences may be based upon:
A. observable phenomena while at work, such as direct observation of drug
use or of the physical symptoms or manifestations of being under the
influence of a drug;
B. abnormal conduct or erratic behavior while at work or a significant
• deterioration in work performance;
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City of Cape Canaveral, Florida
Ordinance No. 14 -94
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C. a report of drug use, provided by a reliable and credible source, which
has been independently corroborated;
D. evidence that an individual has tampered with a drug test during his
employment with the City;
E. information that an employee has caused, or contributed to, an accident
while at work; or
F. evidence that an employee has used, possessed, sold, solicited, or
transferred drugs while working, or while on the City's premises, or while
operating the City's vehicle, machinery, or equipment.
The City shall promptly detail in writing the circumstances which form the basis
of the determination that reasonable suspicion existed to warrant the testing. A copy of
this documentation shall be given to the employee upon request and original
documentation shall be kept confidential and exempt from the provisions of Section
119.07(1), Florida Statutes, by the City and retained by the City for at least one (1) year.
SECTION 2. Section 352.031, Routine Fitness for Duty Testing, of the Code of
Ordinances of the City of Cape Canaveral is hereby created to read as follows:
Sec. 352.031. Routine Fitness for Duty Testing. Any employee who is
required to submit to a routinely scheduled fitness for duty medical examination shall be
required to submit to testing to determine whether the employee is under the influence
of alcohol or is a user or abuser of drugs. No employee shall be required to submit to
a drug test unless all members of the employment classification of the employee are
required to submit to a drug test.
SECTION 3. Section 352.032, Follow -Up Testing, of the Code of Ordinances of the
City of Cape Canaveral is hereby created to read as follows:
Sec. 352.032. Follow -Up Testing. In the event an employee in the course
of employment entered an employee assistance program for drug - related problems, or an
alcohol or drug rehabilitation program, said employee shall be required to submit to a
follow -up drug test not later than the end of each six (6) month period following the
employee's release from any of said programs. Follow -up testing shall not exceed a
period of two (2) years after the employee has been released from the last of said
programs.
SECTION 4. Section 352.033, Injury Related Testing, of the Code of Ordinances of the
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City of Cape Canaveral, Florida
Ordinance No. 14-94
Page 3
City of Cape Canaveral is hereby created to read as follows:
Sec. 352.033. Injury Related Testing. An employee who sustains an
injury for which the employee seeks professional medical attention shall be required to
submit to a drug test to determine the existence of the use of drugs or alcohol by the
employee at the time of the injury.
SECTION 5. Severability. If any section, paragraph, phrase or word of this Ordinance
is held to be unconstitutional or invalid, such portion shall not affect the remaining portions
hereof and it shall be construed to have been a legislative intent to pass this Ordinance without
such unconstitutional or invalid part.
SECTION 6. Conflicting Provisions. Any ordinance, or parts of an ordinance, in
conflict herewith are repealed.
SECTION 7. Effective Date. This ordinance shall take effect immediately upon its
adoption.
ADOPTED BY the City of Cape Canaveral, Brevard County, Florida, this 17thday of
May , 1994.
ATTEST:
\-1 A Ve
Faith G. Miller, CITY CLERK
APPROVED AS
John , CITY ATTORNEY
F1fSt riacril 5/3/94
Porti± 5/4/94
Advett3',-gj: 5/7/94
Stcond PAzole; 5/17/94
SALMON