20-2181 Amending Chapter 3, Section 3.04(B.3) Drug Free Work Place and Alcohol PolicyORDINANCE NO. 20-2181
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING CHAPTER 3, SECTION 3.04
(B.3) DRUG -FREE WORKPLACE AND ALCOHOL POLICY OF THE CITY OF LONGWOOD PERSONNEL
POLICIES AND PROCEDURES MANUAL; PROVIDNG FOR CONFLICTS, CODIFICATION,
SEVERABLITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Longwood adopted Personnel Policies and Procedures pursuant to
Ordinance No. 89-955 on December 18-1989; and
WHEREAS, Ordinance No. 20-2171 as adopted on February 3, 2020, provided for
amendments to policy; and
WHEREAS, the policies adopted herein concerning the City's Drug -Free Workplace and
Alcohol Policy are intended to replace those adopted on February 3, 2020 by Ordinance No. 20-
2171; and
WHEREAS, the City of Longwood finds that replacing Chapter 3, Section 3.04 (B.3) with a
revised Drug -Free Workplace and Alcohol Policy will meet the legal framework and current case
law regarding the propriety of drug testing employees and job applicants in the public sector as
limited by the Fourth Amendment of the United States Constitution.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
LONGWOOD, FLORIDA, AS FOLLOWS:
SECTION 1. Amendment. That Chapter 3, Section 3.04 (B.3) Drug -Free Workplace and
Alcohol Policy of the City of Longwood Personnel Policies and Procedures be amended by
repealing all sections of the current version (attached with mark -through for reference) and
replacing it with the revised version attached hereto as Attachment A.
SECTION 2: Severability. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion or application shall be deemed a separate distinct,
and independent provision of such holding shall not affect the validity of the remaining portion
thereof to the extent practicable.
SECTION 3: Conflicts and Repealer. To the extent this Ordinance or any provisions thereof,
conflict with any previously enacted Ordinance of the city of Longwood, Florida, this Ordinance
shall control only to the extent any such conflicts(s) exists.
SECTION 4: Codification. This Ordinance shall be codified as a part of the City of Longwood
Personnel Policies and Procedures, such provisions may be renumbered or relettered to
accomplish such intention, and the word "Ordinance", or similar words may be changes to
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"Section", "Article", or other appropriate word. The City Clerk is a granted liberal authority to
codify the provisions of this Ordinance as contemplated herein.
SECTION 5: Effective Date. This Ordinance shall take effect immediately upon
adoption.
FIRST READING this 4th day of May, A.D. 2020.
SECOND READING AND ADOPTION this day 18th of May, A.D. 2020.
CITY OF LONGWOOD, FLORIDA
Matt Morgan, Mayor
ATTEST:
Michelle Longo,eUAC, FCRM
City Clerk
Approve form and legality for the use and reliance of the City of Longwood, Florida only.
cr-
Daniel W. L gle C' orney
Ordinance No. 20-2181
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ATTACHMENT A
Drug -Free Workplace and Alcohol Policy
GENERAL POLICY
The City's Drug -Free Workplace Policy is aimed at ensuring zero tolerance to illegal
drugs at all times and its alcohol -free policy to zero tolerance under circumstances
that affect or might affect the safety and well-being of employees, citizens and
others, or that adversely affect or might affect the effective operation of City
operations. This policy has been implemented in accordance with sections 440.101
and 440.102 of the Florida Statutes.
II. PROHIBITIONS
A. Illegal Controlled Substances. The City prohibits the use, distribution, possession,
manufacture, cultivation, sale or attempt to manufacture, sell or distribute illegal
controlled substances at any time whether on or off duty and whether on or off
City property. Illegal controlled substances are defined by applicable state and
federal laws. Please be advised that marijuana, even if prescribed for a medical
purpose and even if deemed lawful by some states for other purposes, remains
an illegal controlled substance under federal law. As such, the City strictly
prohibits the use of marijuana for any purpose.
Alcohol Abuse. Employees of the City are prohibited from using or possessing
alcohol while on duty; while on City premises or property (except as provided in
subsection C below); while driving a City vehicle; while operating a piece of City
equipment; or while being transported in City vehicles at any time. In addition,
employees are prohibited from reporting to work under the influence of alcohol
and from otherwise using alcohol in a manner at any time, which adversely
affects or might adversely affect the interests or operations of the City.
C. Community or City Sponsored Events Permitting Alcohol. The general
prohibition of an employee using or possessing alcohol while on City premises or
property as set forth in subsection B above is not intended to apply to
circumstances when an employee is off duty and attending, as a participant, a
community event or city sponsored event conducted on a city premises (e.g.
Longwood Community Building or a public park) where alcohol is legally
permitted for use and possession by the event participants and the employee is
complying with the applicable rules and law governing the use and possession of
alcohol at said event.
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III. DEFINITIONS
A. Mandatory Testing Position. Mandatory testing position shall mean a job
assignment that requires the employee to:
1. Carry a firearm;
2. Work closely with an employee who carries a firearm;
3. Perform life -threatening procedures;
4. Work with heavy or dangerous machinery;
5. Work as a safety inspector;
6. Work with children;
7. Work with detainees in the correctional system;
8. Work with confidential information or documents pertaining to criminal
investigations;
9. Work with controlled substances;
10. Undergo an employee security background check pursuant to section
110.1127 of the Florida Statutes;
11. Perform job assignments in which a momentary lapse in attention could
result in injury or death to another person; or,
12. Perform safety -sensitive job duties and responsibilities.
B. Special Risk Position. Special risk position shall mean a position that is required
to be filled by a person who is certified under:
1. Chapter 633 of the Florida Statutes (Fire Prevention and Control); or,
2. Chapter 943 of the Florida Statutes (Law Enforcement).
IV. LEGAL USE OF PRESCRIPTION AND NON-PRESCRIPTION DRUGS
The legal use of prescription and non-prescription drugs is often necessary. Unless used
in accordance with a valid prescription from a medical professional or in accordance
with accepted over the counter uses, the City prohibits the use, distribution, possession,
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manufacture, cultivation, sale or attempt to sell or distribute prescription drugs.
Employees are required to advise his or her supervisor if he or she is taking prescription
or non-prescription drugs which have the potential to adversely impact the employee's
job performance or the employee's ability to work in a safe and efficient manner. As
marijuana remains an illegal controlled substance under federal law, the City strictly
prohibits its use, even if otherwise prescribed for a medical purpose under state law.
V. DRUG AND ALCOHOL TESTING
A. Job Applicant Testing and Testing for Assignment to Special Risk/Mandator
Testing Position. Applicants for employment in special -risk and/or mandatory
testing positions are subject to pre -employment drug and alcohol test as a
prerequisite to employment with the City. Current employees who are assigned
to a special -risk and/or mandatory testing position from a non -special -risk or
non -mandatory testing position are subject to being tested at the time of the
assignment.
Routine Fitness -for -Duty Testing. Employees may be required to submit to drug
and alcohol testing as part of any routinely scheduled employee fitness -for -duty
medical examinations.
C. Follow-up Testing. Employees who enter into an employee assistance program
or any similar rehabilitation program will be subject to drug and alcohol testing
as a follow-up to such program. Follow-up testing will be conducted without
advanced notice and at least once per year for a period of no less than two
years.
D. Reasonable Suspicion Testing. An employee will be subject to drug and alcohol
testing whenever reasonable suspicion exists to believe the employee is using
drugs or alcohol in violation of this policy or otherwise engaging in conduct in
violation of this policy. Reasonable suspicion shall be based on specific, objective
and articulable facts and reasonable inferences drawn from those facts in light of
experience. In making this determination, relevant factors may include, but are
not limited to:
Observable phenomena, such as direct observation of drug use or of
physical symptoms or manifestation of being under the influence of a
drug or alcohol;
Abnormal conduct, erratic behavior or a significant unexplained
deterioration in work performance;
A report of drug use, provided by a reliable source;
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4. Evidence that an individual has tampered with a drug test during his or
her employment with the City;
5. Information that an employee has caused or contributed to an accident
or injury while at work;
6. Evidence that an employee has negligently or recklessly operated a
vehicle, equipment or machinery while at work;
7. Evidence that an employee has used, possessed, manufactured,
cultivated, sold, solicited, or transferred drugs.
Supervisors who determine that reasonable suspicion exists to require an
employee to submit to a drug and/or alcohol test are required to promptly
document in writing the circumstances which formed the basis of the
determination that reasonable suspicion existed to warrant the testing.
E. Emplovees in Mandatory Testing. Special Risk and Safetv Sensitive Positions.
Mandatory testing, special risk and safety sensitive employees include all
employees in all classifications requiring a CDL license, sworn law enforcement
officers, certified Firefighters/Paramedics and Firefighters/EMTs, and water and
waste water treatment plant operators. Other employees who are considered
mandatory testing, special risk or safety sensitive shall be notified of said status
in writing. Employees covered by this paragraph shall be subject to suspicionless
testing when involved in an accident and as part of any physical examination
directed by the City, in accordance with applicable law.
Other Lawful Testing, The City reserves the right to conduct any other type of
lawful drug or alcohol testing. Employees who are subject to the drug and
alcohol testing requirements imposed by the Department of Transportation on
operators of commercial motor vehicles must fully comply with this policy as
well as the DOT -mandated Substance Abuse Policy for Commercial Motor
Vehicle Operators. When safety -sensitive CDL employees are being tested
pursuant to this policy (i.e., the non -DOT policy), the testing procedures set forth
below shall apply. When safety -sensitive CDL employees are being tested
pursuant to the DOT -mandated policy, the procedures set forth in that policy
shall apply
VI. DRUGS TESTED FOR AND COMMON MEDICATIONS THAT MAY AFFECT RESULTS
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A. Drugs Tested For. Employees will be subject to drug testing for the detection of
the following illegal drugs/drug groups, as well as others that may from time to
time be declared illegal by state or federal law:
• Alcohol (including a distilled spirit, wine, malt beverage or other
intoxicating liquor)
• Amphetamines
• Barbiturates
• Benzodiazepines
• Cannabinoids (marijuana)
• Cocaine
• Methadone
• Methaqualone
• Opiates (heroin, morphine, codeine)
• Phencyclidine (PCP)
• Propoxyphene
• Any other hallucinogen, synthetic narcotic, designer drug or a metabolite
of any of the substances listed above
B. Common Medications Which Could Alter or Affect Test Results. Certain
prescription and non-prescription medications may alter or affect a drug or
alcohol test. Employees and applicants that are subject to testing are obligated
to report any prescription or non-prescription medication which could alter or
affect test results to the independent Medical Review Officer ("MRO"). The City's
MRO contact information is available in the Human Resources/Risk Management
Department. Employees and applicants subject to testing have the right to
confidentially consult with the MRO for additional or technical information
regarding medications which may alter or affect test results. The most common
medications which may alter or affect a test include, but are not limited to:
Drug
Medication Which May Alter or Affect Test
Alcohol
Liquid medications containing ethyl alcohol (ethanol). For
example many cough syrups, Vicks Nyquil, Comtrex, Listerine
contain alcohol
Cannabinoids
Marinol (Dronabinol, Tetrahydrocannabinol (THC))
Amphetamines
Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, lonamine,
Fastine
Cocaine
Cocaine HCl topical solution (Roxanne)
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Phencyclidine
Not legal by prescription
Methaqualone
Not legal by prescription
Opiates
Paregoric, Parepectolin, Donnagel PG, Morphine, Pectoral Syrup,
Tylenol with Codeine, Empirin with Codeine, APAP with Codeine,
Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH,
Novahistine Expectorant, Dilaudid (hydromorphone), M-S Contin
and Roxanol (morphine sulfate), Percodan, Vicodin, Tussi-
organidin, etc.
Barbituates
Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate,
Fiorinal, Fioricet, Esgic, Butisol, Mebaral, Butabarbital, Butalbital,
Phenrinin, Triad, etc.
Benzodiazepines
Activan, Azene, Clonopin, Dalmane, Diazepam, Halcion, Librium,
Xanax, Serax, Tranxene, Valium, Verstran, Paxipam, Restoril,
Centrax
Methadone
Dolphine, Metadose
Propoxyphene
I Davocet, Darvon N, Dolene, etc.
VII. TEST RESULTS
The following procedures will be followed if an employee or job applicant has a
confirmed positive test result:
A. An employee or applicant who receives a positive confirmed test result may
contest or explain the result to the MRO identified above within five working
days. If the MRO determines that the employee's explanation is unsatisfactory,
the MRO will report the positive test to the City. The employee or applicant may
contest a positive confirmed test result pursuant to this policy, section 440.102
of the Florida Statutes, or other applicable law. If an employee or applicant seeks
to contest the laboratory result, it is his or her responsibility to contact the
laboratory to advise of any administrative or civil proceeding challenging the
results and to request that the test sample be preserved.
B. Within 180 days of receiving written notification of a positive test result, an
employee or applicant may, at his or her expense, have the positive sample
retested at a different laboratory licensed and approved by the Agency for
Health Care Administration.
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C. Within five working days after receipt of a positive confirmed test result from
the MRO, the City will inform the employee or applicant in writing of the test
result, the consequences of the test result and any options that the City may
elect to afford the employee or applicant in accordance with this policy. Within
five working days after receiving notice of a positive confirmed test result from
the City, the employee or job applicant may submit information to the employer
explaining or contesting the test result and explaining why the test result does
not constitute a violation of this policy. If the City determines that the
explanation is unsatisfactory, the City will provide a copy of the test result to the
employee or applicant along with a written reason as to why the explanation
was deemed unsatisfactory.
Vill. CONSEQUENCES OF A POSITIVE CONFIRMED TEST, A REFUSAL TO SUBMIT TO TESTING
OR TAMPERING WITH A TEST
An employee who has a positive confirmed test, who refuses to submit to a test or who
tampers with a test is subject to disciplinary action up to and including termination, may
forfeit eligibility for workers' compensation medical and indemnity benefits and may
forfeit entitlement to unemployment compensation. A job applicant who has a positive
confirmed test, who refuses to submit to a test or who tampers with a test will be
ineligible for employment.
IX. CONFIDENTIALITY
Absent written consent, all information, interviews, reports, statements, memoranda,
and drug test results, written or otherwise, received or produced as a result of the City's
drug testing program are confidential and exempt from the provisions of Chapter 119 of
the Florida Statutes (Public Records Law) and may not be used or disclosed except as
otherwise provided by section 440.102 of the Florida Statutes or other applicable law.
X. EMPLOYEE ASSISTANCE PROGRAMS
Employee Assistance Programs (EAP) are available to assist employees who voluntarily
self -report, prior to being requested to test, drug or alcohol related problems which
have not yet adversely affected their job or City operations. Employees who voluntarily
seek help, who have not had a positive drug test and who are not participating in EAP at
the time or at any previous time, will not be subject to discipline. Employees with drug
or alcohol related problems who wish to seek voluntary assistance through the EAP may
contact Human Resources for a list of EAP providers.
Other Helpful Numbers
Drug -Free Workplace Helpline 1-800-Workplace (967-5752)
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Substance Abuse & Mental Health Svcs Admin Helpline: 1-800-662-HELP(4357)
Employees and applicants who violate this Policy will ordinarily not be eligible to elect
participation in EAP in lieu of disciplinary action. The City may permit exceptions to this
provision where the City Manager determines, in his or her exclusive discretion, that the
specific circumstances warrant. In such circumstances, the City may require that an
employee in violation of this policy participate and successfully complete the EAP as a
condition of continued employment.
Employees employed in a mandatory testing or special -risk position who enter into EAP,
whether voluntarily or involuntarily, will be removed from their mandatory testing or
special -risk position and transferred to another position or placed on leave until the
successful completion of the EAP. An employee placed on leave may utilize his or her
accrued leave, if any, otherwise the leave shall be unpaid.
XI. REPORTING VIOLATION OF THE POLICY
It is the obligation of every employee to report violations of this Policy. Failure to report
may subject employees to discipline up to and including termination of employment.
XII. COORDINATION WITH THE HUMAN RESOURCES DEPARTMENT
All action taken by supervisors under this policy must be coordinated through the
Human Resources Department to ensure compliance with all applicable laws.
XIII. REPORTING AND CONVICTION OF ARRESTS AND/OR ALLEGED CRIMES INCLUDING
DRUGS OR ALCOHOL
A. All employees must report to their supervisor any arrest, indictment, conviction,
plea or pretrial interventions of any type, of a drug or alcohol -related violation or
alleged violation of law not later than the next work day after they become
aware of it. Failure to so report may result in immediate termination.
B. Upon conviction of a crime involving illegal drugs, the employee will be
immediately terminated.
C. Without regard to prosecution or conviction by appropriate governmental
entities, the City may, at its option, conduct its own independent investigation to
determine whether this policy has been violated. If, in the opinion of the City, it
believes a violation has occurred, it will take whatever disciplinary action it
deems appropriate regardless of the ultimate outcome of any criminal case that
may be brought against the employee. The City shall not be obligated to await
the outcome of any pending criminal or legal action prior to taking disciplinary
action.
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