HomeMy Public PortalAboutGulf Stream Personnel HandbookTOWN OF GULF STREAM
FLORIDA
PERSONNEL POLICY HANDBOOK
HUMAN RESOURCE PERFORMANCE CONSULTANTS
P.O. Box 2683, Brandon FL, 33509-2683
Telephone: (813) 657-8128; Mobile: (813) 786-8872 or (772) 201-2737;
Fax: (813) 657-9127; E-mail: hmcmm@aol.com
Revised - August 24, 2004
Revised — October 10, 2007
Revised —July 10, 2015
Revised — October 13, 2019
Contents
IntroductoryStatement............................................................................................................1
Section 1- Employment
Natureof Employment.............................................................................................................2
EmployeeRelations................................................................................................................. 2
EqualEmployment Opportunity............................................................................................... 3
Hiringof Relatives................................................................................................................... 3
ImmigrationLaw Compliance...................................................................................................4
Conflictsof Interest..................................................................................................................5
OutsideEmployment............................................................................................................... 5
Life Threatening Illnesses in the Workplace............................................................................. 6
Section 2 - Employment Status and Records
EmploymentCategories........................................................................................................... 7
Accessto Personnel File........................................................................................................... 8
PersonnelData Changes........................................................................................................... 8
IntroductoryPeriod...................................................................................................................8
EmploymentApplications........................................................................................................ 9
EmploymentScreening.......................................................................................................................... 9
Section 3 - Employee Benefit Programs
EmployeeBenefits..................................................................................................................10
Vacation..................................................................................................................................11
Holidays..................................................................................................................................13
SickLeave............................................................................................................................... 15
BereavementLeave................................................................................................................. 17
Votingand Parent Teacher Conference Leave......................................................................... 18
JuryDuty Leave...................................................................................................................... 18
WitnessDuty Leave................................................................................................................ 19
Educational Assistance and Educational Leave........................................................................ 20
Life, Health, Vision and Dentallnsurance.................................................................................. 21
Health Reimbursement Account (HRA).................................................................................... 22
WorkersCompensation Insurance........................................................................................... 22
BenefitsContinuation (COBRA)............................................................................................... 23
Other Post Employment Benefits (OPEB)..........................................................................................23
RetirementPlans................................................................................................................... 24
Section 4 - Timekeeping and Payroll
Timekeeping............................................................................................................................25
PayrollSchedule......................................................................................................................25
Payday.....................................................................................................................................26
PayDeductions........................................................................................................................26
AdministrativePay Corrections.............................................................................................. 27
EmploymentTermination.......................................................................................................27
Section 5 - Work Conditions and Hours
Safety.......................................................................................................................................29
WorkSchedules.......................................................................................................................30
BusinessTravel........................................................................................................................30
VehicleAllowance...................................................................................................................
31
Use of Phone, Internet and Mail Systems................................................................................
32
Smoking...................................................................................................................................
32
MealPeriods............................................................................................................................
32
Overtime..................................................................................................................................
33
Useof Equipment..................................................................................................................... 33
EmergencyClosing...................................................................................................................
34
Section 6 - Leaves of Absence
UnpaidPersonal Leave............................................................................................................35
MilitaryLeave.........................................................................................................................36
Pregnancy -Related Absences...................................................................................................37
OtherUnpaid Leave.................................................................................................................38
Section 7 - Employee Conduct
Employee Conduct and Work Rules......................................................................................... 39
Town Procurement Cards, Credit Cards and House Accounts........................................................ 40
PublicRecords...................................................................................................................................... 41
ReportingWrongdoing........................................................................................................... 42
Drugand Alcohol Use.............................................................................................................. 42
Sexual and Other Unlawful Harassment................................................................................. 43
Attendanceand Punctuality....................................................................................................43
PersonalAppearance...............................................................................................................44
Returnof Property ...................................................................................................................44
Resignation..............................................................................................................................44
Section 8 - Disciplinary Procedures
DisciplinaryProcedures........................................................................................................................45
EMPLOYEE ACKNOWLEDGEMENT FORM................................................................................47
APPENDIX I - GRIEVANCE PROCEDURE............................................................................................. 48
APPENDIX 11 — ALCOHOL AND DRUG ABUSE POLICY...................................................................... 51
INTRODUCTORY STATEMENT
This handbook has been developed to introduce you to the Town of Gulf Stream and provide you
with information about working conditions and some of the policies affecting your employment. Take the
time to read this manual. It describes what the Town expects from you as an employee, and the programs
the Town has adopted for your benefit. One of our objectives is to provide a work environment that assists
you in both personal and professional growth.
No employee handbook can anticipate every circumstance or question about policy. The need may
arise, and the Town reserves the right to revise, supplement, or rescind any policies or portion of the handbook
from time to time as it deems appropriate. The only exception to any changes is our employment -at -will
policy permitting you or the Town to end our relationship for any reason at any time. Employees will, of
course, be notified of such changes to the handbook as they occur.
Portions of this handbook are not applicable to the position of Town Manager, Town Clerk or Police
Chief. Employees in these positions are appointed directly by the Town Commission and serve at the
Commission's direction and pleasure.
Additionally, employees of the Police Department are subject to the Departmental General Orders.
The final page of this manual is an Employee Acknowledgment Form that all employees should read
and sign to acknowledge that they have read this handbook.
Section I - Employment
NATURE OF EMPLOYMENT
This handbook is intended to provide employees with a general understanding of our personnel
policies. Employees are encouraged to familiarize themselves with the contents of this handbook, for it will
answer many common questions concerning employment with the Town.
However, this handbook cannot anticipate every situation or answer every question about
employment. It is not an employment contract and is not intended to create contractual obligations of any
kind. Neither the employee nor the Town is bound to continue the employment relationship if either chooses,
at its will, to end the relationship at any time.
In order to retain necessary flexibility in the administration of policies and procedures, the Town
reserves the right to change, revise, or eliminate any of the policies and/or benefits described in this handbook,
except for its policy of employment -at -will. The only recognized deviations from the stated policies are those
authorized and signed by the Town Manager under direction of the Town Commission.
EMPLOYEE RELATIONS
The Town believes that the work conditions, wages, and benefits it offers to its employees are
competitive with those offered by other public sector employers in this area. If employees have concerns
about work conditions or compensation, they are strongly encouraged to voice these concerns openly and
directly to their supervisor. If problems or concerns cannot be resolved at the immediate -supervisor level,
the employee may request a review by the Town Manager.
Our experience has shown that when employees deal openly and directly with supervisors, the work
environment can be excellent, communications can be clear, and attitudes can be positive. We believe that the
Town amply demonstrates its commitment to employees by responding effectively to employee concerns.
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EQUAL EMPLOYMENT OPPORTUNITY
In order to provide equal employment and advancement opportunities to all individuals, employment
decisions by the Town will be based on merit, qualifications, and abilities. The Town does not discriminate
in employment opportunities or practices based on race, color, religion, sex, national origin, age, disability,
marital status, or any other characteristic protected by law.
The Town will make reasonable accommodations for qualified individuals with known disabilities
unless doing so would result in an undue hardship to the Town. This policy governs all aspects of
employment, including selection, job assignment, compensation, discipline, termination, and access to
benefits and training.
Employees with questions or concerns about any type of discrimination in the workplace are
encouraged to bring these issues to the attention of their immediate supervisor or the Town Manager.
Employees can raise concerns and make reports without fear of reprisal. Anyone found to be engaging in
any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of
employment.
HIRING OF RELATIVES
The employment of relatives in the same area of an organization may cause serious conflicts and
problems with favoritism and employee morale. In addition to claims of partiality in treatment at work,
personal conflicts from outside the work environment may be introduced into day-to-day working
relationships.
Florida state law prohibits municipal officials from appointing, employing, promoting or advancing,
or advocating for appointment, employment, promotion or advancement any relative in the municipality for
which the official serves. An official is defined as an employee with the authority to execute or recommend
the appointment, employment, promotion or advancement of other individuals within the organization. A
relative is defined as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece,
husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother -in law, sister-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother or half-sister.
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It shall further be the policy of the Town that relatives of persons currently employed by the
Town may be hired only if they will not be working directly for or supervising a relative or will not occupy a
position in the same line of authority within the organization. This policy applies to any relative, higher or
lower in the organization, who has the authority to review employment decisions. Town employees cannot be
transferred into such a reporting relationship.
If the relative relationship is established after employment, the individuals concerned will decide who
is to be transferred. If that decision is not made within 30 calendar days, management will decide.
In other cases where a conflict or the potential for conflict arises, even if there is no supervisory
relationship involved, the parties may be separated by reassignment or terminated from employment.
For the purposes of this policy, a relative is any person who is related by blood or marriage, or whose
relationship with the employee is like that of persons who are related by blood or marriage.
IMMIGRATION LAW COMPLIANCE
The Town is committed to employing only United States citizens and aliens who are authorized to
work in the United States, and does not unlawfully discriminate based on citizenship or national origin.
In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a
condition of employment, must complete the Employment Eligibility Verification Form I-9 and present
documentation establishing identity and employment eligibility. Former employees who are rehired must
also complete the form if they have not completed an I-9 with the Town within the past three years, or if their
previous I-9 is no longer retained or valid.
Employees with questions or seeking more information on immigration Law issues are encouraged
to contact the Town Clerk. Employees may raise questions or complaints about immigration Law compliance
without fear of reprisal.
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CONFLICTS OF INTEREST
Town employees have an obligation to conduct Town business within guidelines that prohibit actual
or potential conflicts of interest. This policy establishes only the framework within which the Town wishes
such business to operate. The purpose of these guidelines is to provide general direction so that employees
can seek further clarification on issues related to the subject of acceptable standards of operation. Contact the
Town Manager for more information or questions about conflicts of interest.
Transactions with outside funis must be conducted within a framework established and controlled by
the executive level of the Town (i.e., Town Manager and Town Commission, and Chief of Police if
applicable). Business dealings with outside firms should not result in unusual gains for or from those firms.
Unusual gain refers to bribes, product bonuses, special fringe benefits, unusual price breaks, and other
windfalls designed to ultimately benefit either the employer, the employee, or both. Promotional plans that
could be interpreted to involve unusual gain require specific executive -level approval.
An actual or potential conflict of interest occurs when an employee is in a position to influence a
decision that may result in a personal gain for that employee or for a relative as a result of the Town's business
dealings. For the purposes of this policy, a relative is any person who is related by blood or marriage, or
whose relationship with the employee is similar to that of persons who are related by blood or marriage.
No "presumption of guilt" is created by the mere existence of a relationship with outside firms.
However, if an employee has any influence on transactions involving purchases, contracts, or leases, it is
imperative that he or she disclose to the Town Manager as soon as possible the existence of any actual or
potential conflict of interest so that safeguards can be established to protect all parties.
Personal gain may result not only in cases where an employee or relative has a significant ownership
in a firm with which the Town does business but also when an employee or relative receives any kickback,
bribe, substantial gift, or special consideration as a result of any transaction or business dealings involving
the Town.
OUTSIDE EMPLOYMENT
Outside employment must first be approved by the Town Manager or Chief of Police.
5
Employees may hold outside jobs only if they continue to meet the performance standards of their
job with the Town. All employees will be judged by the same performance standards and will be subject to
the Town's scheduling demands, regardless of any existing outside work requirements.
If the Town determines that an employee's outside work interferes with performance or the ability to
meet the requirements of the Town as they are modified from time to time, the employee may be asked to
terminate the outside employment if he or she wishes to remain with the Town.
Outside employment that constitutes a conflict of interest is prohibited. Employees may not receive
any income or material gain from individuals outside the Town for materials produced or services rendered
while performing their jobs for the Town.
In addition to the above, outside employment by sworn police officers is regulated by Section 561.25,
Florida Statutes, which generally prohibits sworn officers from having ownership in or being employed by
establishments that have a state liquor license.
LIFE-THREATENING ILLNESSES IN THE WORKPLACE
Employees with life-threatening illnesses, such as cancer, heart disease, and AIDS, often wish to
continue their normal pursuits, including work, to the extent allowed by their condition. The Town supports
these endeavors as long as employees are able to meet acceptable performance standards. As in the case of
other disabilities, the Town will make reasonable accommodations in accordance with all legal requirements
to allow qualified employees with life-threatening illnesses to perform the essential functions of their jobs.
Medical information about individual employees is treated confidentially. The Town will take
reasonable precautions to protect such information from inappropriate disclosure. Managers and other
employees have a responsibility to respect and maintain the confidentiality of employee medical information.
Anyone inappropriately disclosing such information is subject to disciplinary action, up to and including
termination of employment.
Employees with questions or concerns about life-threatening illnesses are encouraged to contact the
Town Manager or Town Clerk for information and referral to appropriate services and resources.
Section 2 - Employment Status and Records
EMPLOYMENT CATEGORIES
It is the intent of the Town to clarify the employment -at -will definitions of employment classifications
so that employees understand their employment status and benefit eligibility. These classifications do not
guarantee employment for any specified period.
Each employee is designated as either NONEXEMPT or EXEMPT from federal and state wage and
hour laws. NONEXEMPT employees are entitled to overtime pay under the specific provisions of federal
and state laws. An employee's EXEMPT or NONEXEMPT classification may be changed only upon written
notification by the Town management.
In addition to the above categories, each employee will belong to one other employment category:
➢ REGULAR FULL-TIME employees are those who are not in a temporary or probationary status
and who are regularly scheduled to work the Town's full-time schedule. Generally, they are eligible
for the Town's benefit package, subject to the terms, conditions, and limitations of each benefit
program.
➢ PART-TIME employees are those who are not assigned to a temporary or probationary
status and who are regularly scheduled to work less than 30 hours per week. While they do receive
all legally required benefits (such as Social Security and workers' compensation insurance), they are
ineligible for the Town's other benefit programs, except where otherwise noted.
➢ PROBATIONARY employees are those whose performance is being evaluated to determine whether
further employment in a specific position or with the Town is appropriate. Employees who
satisfactorily complete the probationary period will be notified of their new employment
classification.
➢ TEMPORARY employees are those who are hired as interim replacements, to temporarily
supplement the work force, or to assist in the completion of a specific project. Employment
assignments in this category are of limited duration. Employment beyond any initially stated period
does not in any way imply a change in employment status. Temporary employees retain that status
unless and until notified of a change. While temporary employees receive all legally required
benefits (such as workers' compensation insurance and Social Security), they are ineligible for all the
Town's other benefit programs.
7
ACCESS TO PERSONNEL FILES
The Town maintains a personnel file on each employee. The personnel file includes such information
as the employee's job application, resume, tax withholding forms, records of training, documentation of
performance appraisals and salary increases, and other employment records.
Under Florida law, personnel files are public records available for public inspection. However,
medical information contained in an employee's personnel file is exempt from the public disclosure law and
may not be released without a court order or the employee's written permission. All other exemptions to
public record disclosures will be followed as outlined by Florida Statute 119.
Employees who wish to review their own personnel file should contact the Town Clerk or Human
Resources Director. With reasonable advance notice, the employee's own personnel file may be reviewed in
the Town's offices during regular business hours.
PERSONNEL DATA CHANGES
It is the responsibility of each employee to promptly notify the Town of any changes in personnel
data. Personal mailing addresses, telephone numbers, number and names of dependents, individuals to be
contacted in the event of an emergency, educational accomplishments, and other such status reports should
be accurate and current at all times. If any personnel data has changed, notify the Human Resources Director.
PROBATIONARY PERIOD
The probationary employment period is intended to give new employees the opportunity to
demonstrate their ability to achieve a satisfactory level of performance and to determine whether the new
position meets their expectations. The Town uses this period to evaluate employee capabilities, work habits,
and overall performance. Either the employee or the Town may end the employment relationship at any time
during or after the probationary period, with or without cause or advance notice.
9
All new and rehired employees work on a probationary basis. Police Department positions have a
probationary period of 365 calendar days (12 months) after their date of hire. All other positions have a
probationary period of 180 calendar days (6 months) after their date of hire. Any significant absence will
automatically extend a probationary period by the length of the absence. If the Town determines that the
designated probationary period does not allow sufficient time to thoroughly evaluate the employee's
performance, the probationary period may be extended for a specified period.
Upon satisfactory completion of the probationary period, employees enter the "regular" employment
classification.
EMPLOYMENT APPLICATIONS
The Town relies upon the accuracy of information contained in the employment application, as well
as the accuracy of other data presented throughout the hiring process and employment. Any mis-
representations, falsifications, or material omissions in any of this information or data may result in the Town's
exclusion of the individual from further consideration for employment or, if the person has been hired,
termination of employment.
PRE-EMPLOYMENT SCREENING
The Town believes that to promote a harmonious and safe work environment for all employees, as
well as the residents and others conducting business with the Town, the Town must take precautions to only
hire well qualified individuals. In addition, all Police Officer applicants must meet Florida Department of
Law Enforcement (FDLE) requirements. For positions that are responsible for the Town's finances or will
have access to Town credit or house accounts, a credit history may also be required.
Section 3 - Employee Benefit Programs
EMPLOYEE BENEFITS
Eligible employees of the Town are provided a wide range of benefits. A number of the programs
(such as Social Security, workers' compensation, and unemployment insurance) cover all employees in the
manner prescribed by Law.
Benefits eligibility is dependent upon a variety of factors, including employee classification. Your
supervisor can identify the programs for which you are eligible. Details of many of these programs can be
found elsewhere in the employee handbook.
Some benefit programs require contributions from the employee, but most are fully paid by the Town.
The following benefit programs are available to eligible employees:
➢ Vacation
➢ Holidays
➢ Sick Leave
➢ Bereavement Leave
➢ Voting and Parent/teacher Conference Leave
➢ Jury Duty Leave
➢ Witness Duty Leave
➢ Educational Assistance and Educational Leave
➢ Life, Health, Vision and Dental Insurance
➢ Health Reimbursement Account (HRA)
➢ Worker's Compensation Insurance
➢ Benefits Continuation (COBRA)
➢ Retirement Plans
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VACATION
Employees in the following employment classification(s) are eligible to earn and use vacation time as
described in this policy:
➢ Regular full-time employees
➢ Probationary police officers after 6 months
➢ Part-time employees
Vacation time off with pay is available to eligible employees to provide opportunities for rest, relaxation,
and personal pursuits.
The amount of paid vacation time employees receive each year increases with the length of their
employment as shown in the following schedule. Vacation is calculated based on the fiscal year of
employment, with October 1 as the start of the Town's fiscal year. Newly hired employees begin to accrue
vacation time at a rate of 80 hours per year - 6.664 hours per month - after their probationary period
concludes. Upon the next October 1, vacation accrual will become 88 hours per year, and will increase
annually upon October 1
11
FISCAL YEAR OF
VACATION DAYS
Earned Monthly
Earned Yearly
After probationary period
6.664 hours
80 hours
On Oct. 1 of first year as a
Regular full-time
emnlovee
7.328 hours
88 hours
2 years
8 hours
96 hours
3 years
8.64 hours
104 hours
4 years
9.28 hours
112 hours
5 years
10 hours
120 hours
6 years
10.64 hours
128 hours
7 years
11.328 hours
136 hours
8 years
12 hours
144 hours
9 years
12.64 hours
152 hours
10 years
13.28 hours
160 hours
11 years
14 hours
168 hours
12 years
14.64 hours
176 hours
13 years
15.328 hours
184 hours
14 years
16 hours
192 hours
15 years and beyond
16.64 hours
200 hours
After one year of employment, part-time employees who work an average of 20 hours or more per
week shall earn 40 hours of vacation time each year.
Employees do not accrue vacation time during leave of absence without pay, suspension without pay,
or any other type of leave without pay.
12
Paid vacation time can be used in minimum increments of one-half day. Employees may use up to
40 hours of vacation prior to accrual each year, with the approval of the employee's department head. To
take vacation, employees shall request advance approval from their supervisors. Requests will be
reviewed based on a number of factors, including business needs and staffing requirements.
Vacation time off is paid at the employee's base pay rate at the time of vacation. It does not include
overtime or any special forms of compensation such as incentives, commissions, bonuses, or shift
differentials.
An employee who does not use all of their vacation time earned during a fiscal year may rollover a
maximum of 40 hours to be used during the next fiscal year. If the employee chooses to not rollover any
unused vacation time into the next fiscal year, the unused vacation hours will be paid out at the employee's
current base rate of pay at the end of the fiscal year in September. An employee's vacation bank shall be
capped at a maximum of 40 hours.
In cases where unusual circumstances prevent an employee from using vacation time during a given
year, consideration will be granted for adjustment of carry-over rate and requirements to use vacation time.
Upon termination of employment, if the employee has served at least six continuous months in the
Town's employ immediately prior to termination, employees will be paid for unused vacation time that has
been earned through the last day of work. However, if the Town, in its sole discretion, terminates employment
for cause, forfeiture of unused vacation time may result.
Any Town employee, that chooses to do so, may donate some of their accrued vacation time to any
active Town of Gulf Stream employee who has been on sick leave for an extended period of time.
HOLIDAYS
Employee classification(s) that qualify for paid holidays are:
➢ Regular full-time employees
➢ Probationary employees
The Town will grant holiday time off to all employees on the 11 holidays listed below.
13
�' N e w Y e a r ' s D a y ( J a n u a r y 1 )
�' M a r t i n L u t h e r K i n g J r . D a y ( 3 r d M o n d a y i n J a n u a r y )
�' P r e s i d e n t s ' D a y ( t h i r d M o n d a y i n F e b r u a r y )
�' G o o d F r i d a y ( F r i d a y b e f o r e E a s t e r )
�' M e m o r i a l D a y ( l a s t M o n d a y i n M a y )
�' I n d e p e n d e n c e D a y ( J u l y 4 )
�' L a b o r D a y ( f i r s t M o n d a y i n S e p t e m b e r )
�' V e t e r a n s ' D a y ( N o v e m b e r I I )
�' T h a n k s g i v i n g ( f o u r t h T h u r s d a y i n N o v e m b e r ) a n d t h e f o l l o w i n g F r i d a y
�' C h r i s t m a s ( D e c e m b e r 2 5 )
�' F l o a t i n g h o l i d a y ( O n e d a y t o b e c h o s e n b y t h e e m p l o y e e w i t h t h e a p p r o v a l o f t h e i r
s u p e r v i s o r . )
T h e T o w n w i l l g r a n t p a i d h o l i d a y t i m e o f f t o a l l e l i g i b l e e m p l o y e e s i m m e d i a t e l y u p o n a s s i g n m e n t
t o a n e l i g i b l e e m p l o y m e n t c l a s s i f i c a t i o n . H o l i d a y p a y w i l l b e c a l c u l a t e d b a s e d o n t h e e m p l o y e e ' s
s t r a i g h t - t i m e p a y r a t e ( a s o f t h e d a t e o f t h e h o l i d a y ) t i m e s t h e n u m b e r o f h o u r s t h e e m p l o y e e w o u l d
o t h e r w i s e h a v e w o r k e d o n t h a t d a y .
I f a r e c o g n i z e d h o l i d a y f a l l s d u r i n g a n e l i g i b l e e m p l o y e e ' s p a i d a b s e n c e ( e . g . , v a c a t i o n , s i c k
l e a v e ) , h o l i d a y p a y w i l l b e p r o v i d e d i n s t e a d o f t h e p a i d t i m e o f f b e n e f i t t h a t w o u l d o t h e r w i s e h a v e
a p p l i e d . H o l i d a y t i m e w i l l n o t b e c h a r g e d a g a i n s t a n e m p l o y e e ' s a c c r u e d v a c a t i o n t i m e o r s i c k l e a v e .
I f a n e l i g i b l e n o n e x e m p t e m p l o y e e w o r k s o n a r e c o g n i z e d h o l i d a y , h e o r s h e w i l l b e p a i d a t t w i c e
t h e e m p l o y e e ' s r e g u l a r r a t e o f p a y .
P a i d t i m e o f f f o r h o l i d a y s w i l l n o t b e c o u n t e d a s h o u r s w o r k e d f o r t h e p u r p o s e s o f d e t e r m i n i n g
o v e r t i m e .
1 4
SICK LEAVE
Employee classification(s) that qualify for paid sick leave are:
➢ Regular full-time employees
➢ Probationary employees
Eligible employees will accrue sick leave benefits at the rate of 96 hours per year (8 hours for
every full month of service).
The Town provides paid sick leave benefits to all eligible employees for periods of temporary
absence related to illnesses or non -work-related injuries, pregnancy, exposure to a contagious
disease, or for medical or dental appointments. Sick leave may also be used to care for an immediate
family member who is ill.
The Town defines "immediate family" as the employee's natural, adopted or foster mother, father,
sister, brother, son or daughter; spouse; mother-in-law; father-in-law; grandparents or grandchildren.
Special consideration may also be given to any other person whose association with the employee is
like any of the above relationships, such as those who reside in the employee's household.
Paid sick leave can be used in minimum increments of four (4) hours. Accrued sick leave is to
be used only for actual illness, injury, medical appointments or care for a family member, as outlined
above. Employees who are unable to report to work because of illness or injury should notify their
direct supervisor at least three hours before the scheduled start of their workday if possible. The
direct supervisor must also be contacted on each additional day of absence. Use of sick leave based
on false claims shall be deemed cause for dismissal, and employees failing to notify their supervisor
or the Town Manager of a reason for absence over three days' time shall be considered to have
resigned.
If an employee is absent for three or more consecutive days because of illness or injury, he or she
may be requested to provide a physician's statement verifying the disability and its beginning and
expected ending dates. If an employee anticipates being absent for more than five days because of
sickness or injury, the leave request must be accompanied by a physician's statement. Employees
requesting more than 12 days of sick leave must advise their supervisor or the Town Manager of the
request and a probable return date. Such notice and documentation may be required as a condition to
receiving sick leave benefits.
15
Sick leave benefits will be calculated based on the employee's base pay rate at the time of absence
and will not include any special forms of compensation, such as incentives, commissions, bonuses,
or shift differentials. Sick leave benefits will not accrue during a leave of absence without pay,
suspension without pay, or when an employee is otherwise in a non -pay status.
The Town views sick leave as a benefit to be used only when an employee or an immediate family
member is ill or injured. Abuse of sick leave will not be tolerated. However, the Town also
appreciates employees who are fortunate enough to remain healthy and able to report to work. At the
end of each fiscal year, the Town's Unused Sick Leave Bonus Program provides monetary rewards
to eligible employees for sick leave earned but not used in the previous fiscal year. As shown in the
following schedule, the bonus is paid at a rate of one day's pay for every 24 hours of unused sick
leave for those employees with 48 hours or more unused sick time earned in the previous fiscal year.
Those employees who earn less than 48 hours of sick leave or use more than 48 hours of sick leave
in a fiscal year are not eligible for the bonus program. For the purposes of the bonus program, the
first 96 hours of sick leave used in a single fiscal year will be considered to have been time earned
in that fiscal year.
UNUSED SICK LEAVE BONUS PROGRAM
Sick Hours Remaining From Those
Accrued In Previous Fiscal Year
Bonus Paid In
Regular Daily Wage Equivalent
96 hours
32 hours
88 hours
29.36 hours
80 hours
26.64 hours
72 hours
24 hours
64 hours
21.36 hours
56 hours
18.64 hours
48 hours
16 hours
Fewer than 47 hours
0 hours
Bonus payments do not affect accrual of sick leave benefits. All unused hours for which a bonus is
given remain available to the employee to use in future years.
16
Unused sick leave benefits will be allowed to accumulate up to 960 hours. However, those employees
who accrue the maximum number of hours will still be eligible for the bonus program at the end of each fiscal
year. All unused sick leave will be forfeited upon separation of employment from the Town.
BEREAVEMENT LEAVE
Employee classification(s) that qualify for paid bereavement leave are:
➢ Regular full-time employees
➢ Probationary employees
If an employee wishes to take time off because of the death of an immediate family member, the employee
should notify his or her supervisor immediately. Employees will be granted up to three days of paid time off
to allow the employee to attend the funeral and make any necessary arrangements associated with the death.
Approval of bereavement leave will occur in the absence of unusual operating requirements. Any
employee may, with the supervisor's approval, use any available paid leave for additional time off as
necessary. The Town may, however, require verification of the death before bereavement or other leave is
given.
The Town defines "immediate family" as the employee's natural, adopted or foster mother, father, sister,
brother, son or daughter; spouse; mother-in-law; father-in-law; grandparents or grandchildren. Special
consideration may also be given to any other person whose association with the employee was like any of the
above relationships, such as those who reside in the employee's household.
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VOTING and PARENT/TEACHER CONFERENCE LEAVE
are:
Employee classification(s) that qualify for paid time off to vote and to attend parent/teacher conferences
➢ Regular full-time employees
➢ Probationary employees
The Town encourages employees to fulfill their civic responsibilities by participating in elections, and
their parental responsibilities by supporting the efforts of their children's school teachers.
Generally, employees can find time to vote either before or after their regular work schedule. If
employees are unable to vote in an election during their nonworking hours, the Town will grant up to two
hours of paid time off to vote.
Additionally, the Town will grant employees up to four hours of paid time off per school year to meet
with their children's school teachers to discuss report cards or for other conferences pertaining to their
children's academic progress, as requested.
Employees should request time off from their supervisor at least two working days prior to election day
or the day of the scheduled parent/teacher conference. Advance notice is required so that the necessary time
off can be scheduled to cause the least disruption to the normal work schedule.
JURY DUTY LEAVE
Employee classifications that qualify for paid jury duty leave are:
➢ Regular full-time employees
➢ Probationary employees
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The Town encourages employees to fulfill their civic responsibilities by serving jury duty when required.
Employees will be paid the difference between jury duty pay and the employee's regular salary.
Employees must show the jury duty summons to their supervisor as soon as possible so that the supervisor
may decide to accommodate their absence. Employees are expected to report for work whenever the court
schedule permits.
Either the Town or the employee may request an excuse from jury duty if, in the Town's judgment, the
employee's absence would create serious operational difficulties.
The Town will continue to provide health insurance benefits for eligible employees for the full term of
the jury duty absence.
WITNESS DUTY LEAVE
Employee classifications that qualify for witness duty leave are:
➢ Regular full-time employees
➢ Probationary employees
➢ Part-time employees
The Town encourages employees to appear in court for witness duty when subpoenaed to do so. The
subpoena should be shown to the employee's supervisor immediately after it is received so that operating
requirements can be adjusted, where necessary, to accommodate the employee's absence. The employee is
expected to report for work whenever the court schedule permits.
If employees have been subpoenaed or otherwise requested to testify as witnesses by the Town, they will
receive their regular hourly rate of pay if scheduled to work that day. If the employee has to appear on their
regularly scheduled day off, they will receive pay at their overtime rate for that day, with a three hour
minimum.
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Employees will be granted unpaid time off to appear in court as a witness when requested by a party other
than the Town. Employees are free to use any available paid leave benefit (e.g., vacation leave) to receive
compensation for this period of absence.
EDUCATIONAL ASSISTANCE AND EDUCATIONAL LEAVE
are:
Employee classifications that qualify for paid educational assistance and paid or unpaid educational leave
➢ Regular full-time employees
The Town recognizes the knowledge and skills of its employees are critical to the success of the
organization. The educational assistance program encourages personal development through formal education
so employees can improve job- related skills or enhance their ability to compete for other reasonably attainable
jobs within the Town.
The Town will provide educational assistance in the form of partial or full tuition payments to eligible
employees immediately upon assignment to an eligible employment classification. To maintain eligibility,
employees must remain on the active payroll and be performing their job satisfactorily through completion of
each course.
Individual courses or those that are part of a degree, licensing, or certification program must be related to
the employee's current job duties or a foreseeable future position in the organization in order to be eligible for
educational assistance. Upon recommendation by the employee's department head, the Town Manager will
determine whether a course relates to an employee's current job or a foreseeable future position.
The amount of tuition to be reimbursed by the Town will be determined on a case-by-case basis,
depending on successful completion of course work, the degree of relevance to the employee's job, availability
of funds, etc. Accordingly, employees will be required to submit their report cards, certificates, and/or a
written summary of the course and its applicability to the Town as a condition of receiving this benefit.
While educational assistance is expected to enhance employees' performance and professional abilities,
the Town cannot guarantee that participation in formal education will entitle the employee to automatic
20
advancement, a different job assignment, or pay increases. Employees should contact their supervisor for
more information or questions about educational assistance.
The Town also provides paid and unpaid leaves of absence to eligible employees who wish to take time
off from work duties to pursue course work that is applicable to their job duties with the Town. When deemed
appropriate by the Town Manager based upon a recommendation by the employee's department head, the
Town will provide paid time off to eligible employees to take examinations or to attend professional meetings,
seminars or conferences when such activities will contribute to the effectiveness of the employee's service to
the Town.
Subject to the terms, conditions, and limitations of the applicable plans, the Town will continue to provide
health insurance benefits for the full period of the approved educational leave. Benefit accruals, such as
vacation, sick leave, or holiday benefits, will be suspended during unpaid leave and will resume upon return
to active employment.
When an unpaid educational leave ends, every reasonable effort will be made to return the employee to
the same position, if it is available, or to a similar available position for which the employee is qualified.
However, the Town cannot guarantee reinstatement in all cases.
Educational leave is conditional, and an employee granted leave may be required to return to work at any
time as work conditions dictate. If an employee fails to report to work promptly at the end of the approved
leave period or when otherwise requested to return, the Town will assume that the employee has resigned.
LIFE, HEALTH, VISION and DENTAL INSURANCE
Employee classifications that qualify for Town insurance programs are:
➢ Regular full-time employees
➢ Probationary full-time employees
21
The Town provides health insurance to all eligible employees. In addition, the Town provides life, dental
and vision insurance for the entire family. Policies pertaining to these programs are provided separately from
this manual.
HEALTH REIMBURSEMENT ACCOUNT (HRA)
Eligible employees are provided an amount each year to be used for out of pocket expenses related
to qualified medical expenses such as: Co -pays, calendar year deductibles and cost of medical expenses not
covered by the insurance providers. The reimbursement option also covers the family members even if the
family members are not enrolled in the Town's medical insurance plans. Withdraws from the employee's
HRA account are governed by the Federal IRS guidelines. The policy pertaining to this program is provided
separately from this manual.
WORKERS' COMPENSATION INSURANCE
Employee classifications that qualify for workers' compensation insurance are:
➢ Regular full-time employees
➢ Probationary employees
➢ Part-time employees
➢ Temporary employees
The Town provides a comprehensive workers' compensation insurance program at no cost to employees.
This program covers any injury or illness suffered in the course of employment that requires medical, surgical,
or hospital treatment. Subject to applicable legal requirements, workers' compensation insurance provides
benefits after a short waiting period or, if the employee is hospitalized, immediately.
Employees who suffer work-related injuries or illnesses should inform their supervisor immediately. No
matter how minor an on-the-job injury may appear, it is important that it be reported immediately. This will
enable an eligible employee to qualify for coverage as quickly as possible. Failure to report an injury may
result in loss of workers' compensation benefits.
22
BENEFITS Continuation (COBRA)
Employee classifications that qualify for COBRA benefits continuation are:
➢ Regular full-time employees
➢ Probationary full-time employees
The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their
qualified beneficiaries the opportunity to continue health insurance coverage under the Town's health plan
when a "qualifying event" would normally result in the loss of eligibility. Some common qualifying events
are resignation, termination of employment, or death of an employee; a reduction in an employee's hours or
a leave of absence; an employee's divorce or legal separation; and a dependent child no longer meeting
eligibility requirements.
Under COBRA, the employee or beneficiary pays the full cost of coverage at the Town's group rates, plus
an administration fee.
The Town provides each eligible employee with a written notice describing rights granted under COBRA
at the time of a qualifying event. The notice contains important information about the employee's rights and
obligations.
OTHER POST EMPLOYMENT BENEFITS (OPEB)
The Town provides retired employees, up to the age of 65, the opportunity to purchase the same
health insurance plan currently offered to active employees. The cost shall be 100% the responsibility of the
retired employee. If the retired employee re-enters the workforce with any entity, they shall forfeit this right.
To be eligible to retire from the Town, an employee must work at least five (5) full years continuously with
the Town and be a minimum of fifty-nine and one half (59 ''/z) years old. Employees who meet the age and
vestment employment requirements, but are discharged by the Town, shall not qualify for the OPEB benefit
that relates to the health insurance plan.
23
RETIREMENT PLANS
Employee classifications that qualify for retirement plan benefits are:
➢ Regular full-time employees
➢ Probationary police officers after six (6) months
The Town offers eligible employees a 401 (a) defined contribution plan and a 457 deferred compensation
plan to allow employees to accrue funds toward a retirement benefit. The polices pertaining to these programs
are provided to employees separately from this manual.
24
Section 4 - Timekeeping and Payroll
TIMEKEEPING
Accurately recording time worked is the responsibility of every nonexempt employee. Federal and
state laws require the Town to keep an accurate record of time worked in order to calculate employee pay and
benefits. Time worked is all the time spent on the job performing assigned duties.
Nonexempt employees should accurately record the time they begin and end their work, as well as
the beginning and ending time of each meal period. They should also record the beginning and ending time
of any split shift or departure from work for personal reasons. Overtime work must always be approved before
it is performed.
It is the employee's responsibility to sign his or her time record to certify the accuracy of all time
recorded. The supervisor will review and then initial the time record before submitting it for payroll
processing.
PAYROLL SCHEDULE
The Town is on a two-week payroll schedule which begins on a Saturday and ends on a Friday. All-
time records must be complete and to the supervisor no later than the Monday morning following the end of
a payroll period, or as directed by the supervisor.
All benefits, such as vacation and sick time, also are predicated on an eight-hour work day.
Accordingly, any change in the number of hours in the work day will result in a corresponding change in
benefit calculations.
25
PAYDAY
All employees are paid biweekly, on every other Wednesday. Employees may select to have their
paychecks in either paper form or by direct deposit. Each paycheck will include earnings for all work
performed through the end of the previous payroll period.
If a regularly scheduled payday falls on a day off, such as a holiday, employees will receive pay on
the last day of work before the regularly scheduled payday.
If a regular payday falls during an employee's vacation, and the employee does not participate in
direct deposit, the employee's paycheck will be available upon his or her return from vacation.
PAY DEDUCTIONS
The law requires that the Town make certain deductions from every employee's compensation.
Among these are applicable federal, state, and local income taxes. The Town also, must deduct Social Security
taxes on each employee's earnings up to a specified limit that is called the Social Security "wage base." The
Town matches the amount of Social Security taxes paid by each employee.
Nonexempt employees will be paid only for actual hours worked unless they receive benefits under
the town paid time off, vacation, sickness, disability, or other leave policies.
Exempt employees are paid on a salary basis and, in general, must be paid their full salary for any week
in which they perform work. Their pay may be reduced in the following circumstances:
➢ Violation of safety rule and policies
➢ Violation of workplace conduct policies
➢ Intermittent leave taken under the Family & Medical Leave Act (FMLA)
91
The Town will reimburse any exempt employee whose pay is reduced in violation of this policy. If you
feel your pay has been improperly reduced, please notify your supervisor or the Town Manager. (See
Appendix I - Grievance Procedure)
The Town offers programs and benefits beyond those required by law. Eligible employees may
voluntarily authorize deductions from their pay checks to cover the costs of participation in these programs.
If you have questions concerning why deductions were made from your pay check or how they were
calculated, your supervisor can assist in having your questions answered.
ADMINISTRATIVE PAY CORRECTIONS
The Town takes all reasonable steps to ensure that employees receive the correct amount of pay in
each paycheck and that employees are paid promptly on the scheduled payday.
In the unlikely event that there is an error in the amount of pay, the employee should promptly bring
the discrepancy to the attention of the Chief Financial Officer so that corrections can be made as quickly as
possible.
EMPLOYMENT TERMINATION
Termination of employment is a reality in any organization, and many of the reasons for termination are
routine. Below are examples of some of the most common circumstances under which employment is
terminated:
➢ Resignation- voluntary employment termination initiated by an employee.
➢ Discharge- involuntary employment termination initiated by the organization.
27
�' R e t i r e m e n t v o l u n t a r y e m p l o y m e n t t e r m i n a t i o n i n i t i a t e d b y t h e e m p l o y e e w h o h a s b e e n e m p l o y e d
w i t h t h e T o w n f o r a m i n i m u m o f f i v e c o n s e c u t i v e y e a r s a n d h a s r e a c h e d t h e a g e o f f i f t y - n i n e a n d a
h a l f ( 5 9 ' / 2 ) .
B e c a u s e e m p l o y m e n t w i t h t h e T o w n i s b a s e d o n m u t u a l c o n s e n t , b o t h t h e e m p l o y e e a n d t h e T o w n h a v e
t h e r i g h t t o t e r m i n a t e e m p l o y m e n t a t w i l l , w i t h o r w i t h o u t c a u s e , a t a n y t i m e . E m p l o y e e s w i l l r e c e i v e t h e i r
f i n a l p a y i n a c c o r d a n c e w i t h a p p l i c a b l e s t a t e l a w .
E m p l o y e e b e n e f i t s w i l l b e a f f e c t e d b y e m p l o y m e n t t e r m i n a t i o n i n t h e f o l l o w i n g m a n n e r . A l l a c c r u e d ,
v e s t e d b e n e f i t s t h a t a r e d u e a n d p a y a b l e a t t e r m i n a t i o n w i l l b e p a i d . U n u s e d s i c k l e a v e w i l l b e f o r f e i t e d . S o m e
b e n e f i t s m a y b e c o n t i n u e d a t t h e e m p l o y e e ' s e x p e n s e i f t h e e m p l o y e e s o c h o o s e s ( s e e B E N E F I T S
C O N T I N U A T I O N i n S e c t i o n 3 a b o v e ) . T h e e m p l o y e e w i l l b e n o t i f i e d i n w r i t i n g o f t h e b e n e f i t s t h a t m a y b e
c o n t i n u e d a n d o f t h e t e r m s , c o n d i t i o n s , a n d l i m i t a t i o n s o f s u c h c o n t i n u a n c e .
2 8
Section 5 - Work Conditions and Hours
SAFETY
To assist in providing a safe and healthful work environment for employees, customers, and visitors,
the Town has established a workplace safety program. This program is a top priority for the Town. The Town
Manager and department heads have responsibility for implementing, administering, monitoring, and
evaluating the safety program. Its success depends on the alertness and personal commitment of all.
The Town provides information to employees about workplace safety and health issues through
regular internal communication channels such as supervisor -employee meetings, bulletin board posting,
memos, or other written communication.
Employees and supervisors receive periodic workplace safety training. The training covers potential
safety and health hazards, and safe work practices and procedures to eliminate or minimize hazards.
Some of the best safety improvement ideas come from employees. Those with ideas, concerns, or
suggestions for improved safety in the workplace are encouraged to raise them with their supervisor, or with
another supervisor or manager, or bring them to the attention of the Town Manager. Reports and concerns
about workplace safety issues may be made anonymously if the employee wishes. All reports can be made
without fear of reprisal.
Each employee is expected to obey safety rules and to exercise caution in all work activities.
Employees must immediately report any unsafe condition to the appropriate supervisor. Employees who
violate safety standards, who cause hazardous or dangerous situations, or who fail to report or, where
appropriate, remedy such situations, may be subject to disciplinary action, up to and including termination of
employment.
In the case of accidents that result in injury, regardless of how insignificant the injury may appear,
employees should immediately notify the appropriate supervisor. Such reports are necessary to comply with
laws and initiate insurance and workers' compensation benefits procedures. The Town Manager and Police
Chief shall determine if a drug or alcohol test should be administered if an employee has an accident while
on duty.
WORK SCHEDULES
Work schedules for employees may vary throughout our organization, but a typical work week is
comprised of five, eight-hour days for a total of 40 hours for all employees other than police officers. The
Town Manager shall establish individual work schedules of all Town employees, except for members of the
Police Department. The Chief of Police, or his designee, shall establish work schedules for members of the
Police Department, subject to policy approval by the Town Manager.
Staffing needs and operational demands may necessitate variations in starting and ending times, as
well as variations in the total hours that may be scheduled each day and week. All employees are subject to
call in case of emergency or as otherwise deemed necessary by the Town Manager, Police Chief or Mayor.
BUSINESS TRAVEL
The Town reimburses employees at a per -diem rate for reasonable business travel expenses incurred
while on assignments away from the normal work location. All business travel must be approved in advance
by the immediate supervisor.
Employees whose travel plans have been approved are responsible for making their own travel
arrangements.
When travel is approved, the actual costs of travel, meals, lodging, and other expenses directly related
to accomplishing business travel objectives will be reimbursed up to the established per -diem rate, which is
based on Internal Revenue Service deduction allowances for travel and entertainment. The current IRS
schedule for deduction allowances for travel and entertainment can be found at www.irs.gov.
Expenses exceeding the per -diem rate will be the employee's own responsibility. Exceptions to the
per -diem limit may be considered at the discretion of the Town Manager in cases with extenuating
circumstances, such as travel to high-cost localities.
30
Expenses that generally will be reimbursed include the following:
➢ Airfare or train fare for travel in coach or economy class or the lowest available fare.
➢ Car rental fees for compact or mid-sized cars.
➢ Fares for shuttle or airport bus service, where available; costs of public transportation for other ground
travel.
➢ Taxi fares, only when there is no less-expensive alternative.
➢ Mileage costs for use of personal cars, only when less-expensive transportation is not available.
➢ Cost of standard accommodations in low- to mid -priced hotels, motels, or similar lodgings or the
published base rate for the conference hotel.
➢ Cost of meals for the employee only, excluding alcoholic beverages.
➢ Charges for telephone calls, facsimile machine use, and similar services required for business
purposes.
Employees who are involved in an accident while traveling on business must promptly report the incident
to their immediate supervisor. The Town Manager and/or the Police Chief reserve the right to have the
employee submit to a drug or alcohol test. If the employee refuses it can be grounds for disciplinary action up
to and including termination. Vehicles owned, leased, or rented by the Town may not be used for personal
use without prior approval.
When travel is completed, employees should submit completed travel expense reports within the current
pay period. Reports should be accompanied by receipts for all individual expenses and/or an accounting of
mileage in personal cars.
Employees should contact their supervisor for guidance and assistance on procedures related to travel
arrangements, expense reports, reimbursement for specific expenses, or any other business travel issues.
31
USE OF PHONE, INTERNET AND MAIL SYSTEMS
Excessive personal use of the telephone is prohibited. An employee may be subject to disciplinary
action for excessive personal use of the telephone.
The use of Town -paid postage for personal correspondence is prohibited.
To ensure effective telephone communications, employees should always speak in a courteous and
professional manner. Please confirm information provided by the caller and hang up only after the caller has
done so.
Employees must use caution while using Internet or Email services to protect the Town's computer
hardware from malicious attacks. Internet services should not be used for visiting, browsing or posting on
personal social media accounts. Employees found to be abusing internet privileges or practicing unsafe
internet and Email etiquette may be subject to disciplinary actions including having Internet and Email
privileges restricted or revoked and up to termination.
In keeping with the Town's intent to provide a safe and healthful work environment, smoking is
prohibited throughout all Town buildings and vehicles. Debris (ashes, butts) from smoking outside of
buildings and vehicles should be disposed of properly. There should be no smoking within 20 feet of any
opening of any town owned building.
This policy applies equally to all employees, customers, and visitors.
MEAL PERIODS
All full-time employees are provided with one 30 -minute meal period each workday. Supervisors
will schedule meal periods to accommodate operating requirements.
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OVERTIME
When operating requirements or other needs cannot be met during regular working hours, employees
may be scheduled to work overtime hours. When possible, advance notification of these mandatory
assignments will be provided. All overtime work must receive the supervisor's prior authorization. Overtime
assignments will be distributed as equitably as practical to all employees qualified to perform the required
work.
Overtime compensation is paid to all nonexempt employees in accordance with federal and state wage
and hour restrictions. Overtime pay is based on actual hours worked. Time off on sick leave, vacation leave,
or any leave of absence will not be considered hours worked for purposes of performing overtime calculations.
In lieu of paying the overtime premium, the town may grant compensatory time off at a future time.
Compensatory time will be given at the rate of 1 %z hour off for each overtime hour worked, or a combination.
Employees who have accrued compensatory time will be given an opportunity to take such time off
within a reasonable period. The utilization of compensatory time will be handled in much the same manner
as vacation time or other time off. Use of the time must be approved by the department head after a timely
request has been made.
If the department head or Town Manager concludes that the taking of compensatory time off is too
disruptive to the operation of the department, the town may at its option "buy out" employees' compensatory
time or any portion thereof. Any accrued compensatory time unused at retirement or other separation will be
paid in accordance with the Fair Labor Standard Act at the time of separation.
In addition to the above, police personnel should consult the Police Department General Orders for
other policies related to overtime. Compensatory time shall be capped at a maximum of 40 forty hours.
USE OF EQUIPMENT
Equipment essential in accomplishing job duties is often expensive and may be difficult to replace.
When using Town property, including computers, phones, and other audio/visual equipment, employees are
expected to exercise care, perform required maintenance, and follow all operating instructions, safety
standards, and guidelines.
33
Employees must notify the appropriate supervisor if any equipment, machines, or tools appear to be
damaged, defective, or in need of repair. Prompt reporting of damages, defects, and the need for repairs could
prevent deterioration of equipment and possible injury to employees or others. The supervisor can answer
any questions about an employee's responsibility for maintenance and care of equipment used on the job. An
employee may be held responsible for replacing or repairing any equipment that they damage due to
negligence.
EMERGENCY CLOSING
At times, emergencies such as severe weather, fires, power failures, etc., can disrupt Town operations.
In extreme cases, these circumstances may require the closing of Town facilities.
When operations are officially closed because of emergency conditions, the time off from scheduled
work will be paid.
Prior to and during the aftermath of severe weather or other emergency incidents, certain employees,
such as law enforcement and maintenance personnel, may be required to work at the discretion of the Town
Manager, Chief of Police or Mayor. Employees classified as nonexempt will be paid in accordance with
overtime pay policies and/or be paid an additional half-time pay for normal hours worked when other
employees are not required to work.
If exempt employees must work extraordinarily longer hours because of critical project demands,
crisis, and/or other emergencies, they shall be compensated for the extra hours at their base rate of pay.
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Section 6 - Leaves of Absence
UNPAID PERSONAL LEAVE
Employees in the following employment classifications are eligible to request unpaid personal leave
as described in this policy:
➢ Regular full-time employees
The Town provides leaves of absence without pay to eligible employees who are temporarily unable to
work because of a serious health condition or disability, or who wish to take time off from work duties to
fulfill family obligations relating directly to childbirth, adoption, or placement of a foster child; or to care
for a child, spouse, or parent with a serious health condition. Leave allowances will be determined on a
case-by-case basis by the Town Manager upon recommendation by the employee's department head. For
purposes of this policy, serious health condition means an illness, injury, impairment, or physical or mental
condition that involves inpatient care in a hospital, hospice, or residential medical care facility; continuing
treatment by a health care provider; and temporary disabilities associated with pregnancy, childbirth, and
related medical conditions.
Eligible employees may request personal leave only after having completed 365 calendar days of
service. Exceptions to the service requirement will be considered to accommodate disabilities.
Eligible employees should make requests for personal leave to their supervisors at least 30 days in
advance of foreseeable events and as soon as possible for unforeseeable events.
A health care provider's statement must be submitted verifying the need for leave related to medical
problems and its beginning and expected ending dates. Any changes in this information should be promptly
reported to the Town Manager or Town Clerk. Employees returning from medical leave must submit a
health care provider's verification of their fitness to return to work.
Eligible employees are normally granted leave for the period necessary to accommodate the need, up to
a maximum of 12 weeks within any 12 -month period. If the initial period of approved absence proves
insufficient, consideration will be given to a request for an extension of up to 90 days. Employees will be
required to first use any accrued paid leave time before taking unpaid personal leave.
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Work-related injuries are handled in accordance with applicable workers' compensation laws covering
occupational disabilities (see Workers' Compensation Insurance, page 23 of this handbook).
Subject to the terms, conditions, and limitations of the applicable plans, the Town will continue to
provide health insurance benefits for the full period of the approved personal leave.
Benefit accruals, such as vacation, sick leave, or holiday benefits, will be suspended during the leave
and will resume upon return to active employment.
So that an employee's return to work can be properly scheduled, an employee on personal leave is
requested to provide the Town Manager or Town Clerk with at least two weeks of advance notice of the
date the employee intends to return to work. When a personal leave ends, the employee will be reinstated
to the same position, if it is available, or to an equivalent position for which the employee is qualified.
Leaves of absence are conditional, and an employee granted leave may be required to return to work at
any time as work conditions dictate. If an employee fails to report to work promptly at the end of the leave
of absence or when otherwise requested to return, the Town will assume that the employee has resigned.
* NOTE: The federal Family and Medical Leave Act of 1993 applies to organizations with 50 or more
employees. As of the adoption of this policy manual, the Town is not bound by provisions of this law.
MILITARY LEAVE
Employees in the following employment classifications are eligible to request unpaid personal leave as
described in this policy:
➢ Regular full-time employees
➢ Probationary employees
➢ Part-time employees
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A military leave of absence will be granted to employees, except those occupying temporary positions,
to attend scheduled drills or training or if called to active duty with the U.S. armed services.
Employees on military leave will be paid at their full current rate for:
➢ up to 17 days of field exercises or other required training with the Florida National Guard;
➢ the first 30 days of active duty with the Florida National Guard or a reserve component of the U.S.
Armed Forces.
Subject to the terms, conditions and limitations of the applicable plans for which the employee is
otherwise eligible, health insurance benefits will be provided by the Town for the full term of the military
leave of absence.
Benefit accruals, such as vacation, sick leave, or holiday benefits, will be suspended during the leave
and will resume upon the employee's return to active employment.
Employees on two-week active duty training assignments or inactive duty training drills are required to
return to work for the first regularly scheduled shift after the end of training, allowing reasonable travel
time.
Employees on longer military leave will be reinstated to the same or an equivalent position, provided
they were honorably discharged, and they apply to the Town within one year after discharge.
Employees on military leave will be treated as though they were continuously employed for purposes
of determining benefits based on length of service, such as the rate of vacation accrual and job seniority
rights.
PREGNANCY -RELATED ABSENCES
The Town will not discriminate against any employee who requests an excused absence for medical
disabilities associated with a pregnancy. Such leave requests will be made and evaluated in accordance with
the medical leave policy provisions outlined in this handbook.
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Requests for time off associated with pregnancy and/or childbirth (apart from medical disabilities
associated with these conditions) will be considered in the same manner as any other request for an unpaid
personal leave.
OTHER UNPAID LEAVE
Regular full-time employees may request unpaid leaves of absence for other reasons, with the
decision to grant leave made on a case-by-case basis by the Town Manager upon recommendation by the
employee's department head.
Any leave of absence not otherwise defined in this manual is conditional and an employee granted
leave may be required to return to work at any time as work conditions dictate. If an employee fails to report
to work promptly at the end of the approved leave period or when otherwise requested to return, the Town
will assume that the employee has resigned.
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Section 7 - Employee Conduct
EMPLOYEE CONDUCT AND WORK RULES
To ensure orderly operations and provide the best possible work environment, the Town expects
employees to follow rules of conduct that will protect the interests and safety of all employees and the
organization.
It is not possible to list all the forms of behavior that are considered unacceptable in the workplace. The
following are examples of infractions of conduct that may result in disciplinary action, up to and including
termination of employment:
➢ Theft or inappropriate removal or possession of property
➢ Falsification of timekeeping records, travel expense reports or other work-related records
➢ Working under the influence of alcohol or illegal drugs
➢ Possession, distribution, sale, transfer, use, or being under the influence of alcohol or illegal drugs
in the workplace, while on duty, or while operating Town -owned vehicles or equipment
➢ Fighting or threatening violence in the workplace
➢ Insubordination or other disrespectful conduct
➢ Violation of safety or health rules
➢ Sexual or other unlawful or unwelcome harassment
➢ Excessive absenteeism or absence without notice
➢ Violation of personnel policies
➢ Unsatisfactory performance or conduct
➢ Knowingly providing false or incomplete information
➢ Unauthorized possession of weapons in the workplace and workplace violence
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TOWN PROCUREMENT CARDS, CREDIT CARDS AND HOUSE ACCOUNTS
The Town has various credit cards and house accounts that certain positions may be
authorized by the Town Manager to use. The use of any credit account of the Town's must be used
solely for approved business expenses. Personal use of any Town credit account may result in
immediate termination and any personal charges may be deducted from the employee's last
paycheck.
The following rules govern the use and procedures of any Town credit account.
Cardholder Responsibilities:
• Ensure that the credit card is used in compliance with this Policy as well as the Town's
purchasing practices and any other Town policies addressing business expenses, travel
expenses, reimbursements, etc.
• Understand and agree that only authorized employees of the Town of Gulf Stream may use
the municipal credit card.
• Understand that a municipal credit card may be used for the purchase of goods or services for
only official business of the Town of Gulf Stream. No personal use of the credit card is
permitted. There are no exceptions to this requirement. Any improper charge will lead to
disciplinary action, up to and including termination of employment and will require the
immediate payment of the improper charge(s).
• All receipts and documentation must be submitted to the Finance Department in a timely
manner (within five business days of incurring the charge) to be reconciled against the
monthly credit card statement. Failure to provide proper receipts and/or failure to provide
the receipts in a timely manner will result in an employee's credit card being revoked and
potentially repaying all undocumented purchases.
• The assigned cardholder is responsible for the protection and custody of the credit card and
shall immediately notify the Finance Department in writing as well as orally, if the card is
lost or stolen. If the credit card is lost or stolen after business hours and the assigned
cardholder cannot notify the Finance Department for that office to report the card lost or
stolen, then the assigned cardholder must also notify the credit card company that the card
has been lost or stolen and report to the Finance Department that the notification has been
made.
• The assigned cardholder must notify vendors or merchants that the credit card transaction
should be exempt from Florida Sales and Use Taxes if it is used for the purchase of goods or
services in the State of Florida.
40
" T h e a s s i g n e d c a r d h o l d e r m u s t i m m e d i a t e l y s u r r e n d e r t h e c a r d u p o n t e r m i n a t i o n o f
e m p l o y m e n t , o r a t a n y o t h e r t i m e i f r e q u e s t e d b y t h e T o w n . T h e T o w n r e s e r v e s t h e r i g h t t o
w i t h h o l d t h e p a y o u t o f a c c r u e d l e a v e u n t i l t h e c a r d i s s u r r e n d e r e d , a s a l l o w e d b y l a w , a n d t o
r e c o v e r a n y i m p r o p e r c h a r g e s f r o m a n y a c c r u e d l e a v e , a s a l l o w e d b y l a w .
I n t e r n a l C o n t r o l P r o c e d u r e s :
T h e C h i e f F i n a n c i a l O f f i c e r o r t h e T o w n M a n a g e r s h a l l b e r e s p o n s i b l e t o :
" A s s i s t a n d m a i n t a i n a r e c o r d o f i s s u a n c e a n d r e t r i e v a l o f m u n i c i p a l c r e d i t c a r d s a n d o v e r s e e
c o m p l i a n c e w i t h t h i s p o l i c y .
" E n s u r e a n y d e p a r t m e n t s t a f f a s s i g n e d t o a s s i s t o n T o w n c r e d i t c a r d u s a g e a n d p a y m e n t s i s
f a m i l i a r w i t h t h i s P o l i c y a n d P r o c e d u r e .
" E n s u r e t h a t c a r d u s e s a r e b e i n g r e c o n c i l e d a g a i n s t t h e c a r d s t a t e m e n t s a n d t h a t t h e u s e o f t h e
c r e d i t c a r d i s f o r T o w n b u s i n e s s p u r p o s e s .
" E n s u r e t h a t p r o p e r d o c u m e n t a t i o n h a s a c c o m p a n i e d t h e i n v o i c e s , a n d t h a t t h e c r e d i t c a r d h a s
b e e n u s e d f o r a T o w n b u s i n e s s p u r p o s e b e f o r e a p p r o v i n g t h e p a y m e n t t o t h e c r e d i t c a r d
c o m p a n y . C o l l e c t a n y m o n i e s f r o m a n a u t h o r i z e d u s e r w h o m a d e a n i m p r o p e r c h a r g e t o t h e
c r e d i t c a r d .
" A d d r e s s w i t h t h e a s s i g n e d c a r d h o l d e r a n d / o r t h e c a r d h o l d e r ' s s u p e r v i s o r / d e p a r t m e n t h e a d a n y
n o n - c o m p l i a n c e w i t h t h i s P o l i c y b y t h e a s s i g n e d c a r d h o l d e r .
" M o n i t o r a n d a s s e s s t h e u s e o f t h e c r e d i t c a r d b y t h e a s s i g n e d c a r d h o l d e r s .
" A s s e s s a n y c a r d h o l d e r ' s f a i l u r e t o p r o v i d e t h e n e c e s s a r y r e c e i p t s .
" T a k e a p p r o p r i a t e a c t i o n ( a f t e r c o n s u l t i n g w i t h t h e T o w n M a n a g e r ) , i n c l u d i n g r e v o k i n g t h e
a s s i g n e d c a r d h o l d e r ' s p r i v i l e g e t o h a v e a m u n i c i p a l c r e d i t c a r d , f o r f a i l u r e t o c o m p l y w i t h
t h i s P o l i c y .
" R e p o r t t o t h e T o w n M a n a g e r a n y m i s u s e o f t h i s P o l i c y b y a n y a u t h o r i z e d c a r d h o l d e r .
P u b l i c R e c o r d s
I t i s t h e r e s p o n s i b i l i t y o f e v e r y T o w n e m p l o y e e t o m a i n t a i n t h e T o w n ' s r e c o r d s a n d d o c u m e n t s
i n t h e i r p o s s e s s i o n . T h e T o w n a d o p t e d a n e x t e n s i v e p o l i c y r e g a r d i n g t h e p r o c e s s i n g o f p u b l i c r e c o r d
r e q u e s t s i n 2 0 1 4 . E v e r y e m p l o y e e s h o u l d r e v i e w t h e P u b l i c R e c o r d s P o l i c y a n d f a m i l i a r i z e
t h e m s e l v e s w i t h t h e T o w n ' s p o l i c y o n p u b l i c r e c o r d s .
4 1
REPORTING WRONGDOING
Per Article XII, Section 2-422, Palm Beach County Code, the Office of the Inspector General (OIG)
was established in 2010 to "Enhance Public Trust in Government". The OIG has completed independent
oversight authority at both County and Municipal levels to ensure accountability and transparency to the
citizens of Palm Beach County. The Town employees who wish to report mismanagement of contracts,
fraud, theft, bribery, or other violations of the law which appear to fall within the jurisdiction of the OIG,
shall notify their supervisor, Town Manager or the OIG. The Town Manager shall notify the Inspector
General of the possible violations. For more information on compliance, definitions, general questions and
full OIG duties, employees can contact the OIG, or visit website, www.pbcgov.org/oig.
DRUG AND ALCOHOL USE
It is the Town's desire to provide a drug-free, healthful, and safe workplace and to be in compliance
with the Federal Drug -Free Workplace Act of 1988 To promote this goal, employees are required to report
to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner
The Town has adopted a Comprehensive Alcohol and Drug Abuse Policy which is Appendix II to
this handbook. Employees and job applicants who have received a job offer from the Town are expected to
comply with this policy.
Violations of this policy may lead to disciplinary action, up to and including immediate termination
of employment or required participation in a substance abuse rehabilitation or treatment program. Such
violations may also have legal consequences.
Employees with drug or alcohol problems that have not resulted in, and are not the immediate
subject of, disciplinary action may request approval to take unpaid time off to participate in a rehabilitation
or treatment program through the Town's health insurance benefit coverage. Leave may be granted if the
employee agrees to abstain from use of the problem substance; abides by all the Town policies, rules, and
prohibitions relating to conduct in the workplace; and if granting the leave will not cause the Town any
undue hardship.
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Employees with questions on the Comprehensive Alcohol and Drug Abuse Policy or issues related
to drug or alcohol use in the workplace should raise their concerns with their supervisor or the Town
Manager without fear of reprisal.
SEXUAL AND OTHER UNLAWFUL HARASSMENT
The Town is committed to providing a work environment that is free of discrimination and unlawful
harassment. Actions, words, jokes, or comments based on an individual's sex, race, ethnicity, age, religion,
disability, or any other legally protected characteristic will not be tolerated. As an example, sexual
harassment (both overt and subtle) is a form of employee misconduct that is demeaning to another person,
undenied the integrity of the employment relationship, and is strictly prohibited.
Any employee who wishes to report an incident of sexual or other unlawful harassment should.
promptly report the matter to his or her supervisor. If the supervisor is unavailable or the employee believes
it would be inappropriate to contact that person, the employee should immediately contact their department
head or the Town Manager. Employees can raise concerns and make reports without fear of reprisal.
Any supervisor or manager who becomes aware of possible sexual or other unlawful harassment
should promptly advise their department head and the Town Manager, who will handle the matter in a timely
and confidential manner.
ATTENDANCE AND PUNCTUALITY
To maintain a safe and productive work environment, the Town expects employees to be reliable
and punctual in reporting for scheduled work. Absenteeism and tardiness are disruptive and place a burden
on other employees and on the Town. In the rare instances when employees cannot avoid being late to work
or are unable to work as sched used, they should notify their supervisor as soon as possible in advance of
the anticipated tardiness or absence. Excessive tardiness or absence is grounds for dismissal.
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PERSONAL APPEARANCE
Dress, grooming, and personal cleanliness standards contribute to the morale of all employees and
affect the image the Town presents to residents and visitors. During business hours, employees are expected
to present a professional, clean and neat appearance and to dress according to the requirements of their
positions.
Failure to adhere to the Personal Appearance Policy may result in the employee being sent home,
without pay, to change clothes. The Town Manager or Supervisor may determine if the employee's
appearance and apparel is inappropriate. Employees may be subject to disciplinary actions, up to and
including termination, for refusing to cooperate with this policy.
Consult your supervisor or department head if you have questions as to what constitutes appropriate attire.
RETURN OF PROPERTY
Employees are responsible for all property, materials, or written information issued to them or in
their possession or control. All Town property must be returned by employees on or before their last day
of work.
RESIGNATION
Resignation is a voluntary act initiated by the employee to terminate employment with the Town.
Although advance notice is not required, the Town requests at least two weeks of advance written notice
from all employees.
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Section 8 — Disciplinary Procedures
DISCIPLINARY PROCEDURES
The Town of Gulf Stream has established a uniform system for counseling, administering discipline,
and providing remedial training to employees. The intent of the Town is that discipline should be
characterized as corrective and constructive instead of punitive. Included are the rights of the accused
employee. Employees of the Town are to conform to, and comply with, Town directives and be truthful in
their dealings with the public and fellow staff members. The Police Department has adopted their own
disciplinary procedures that are in addition to the following procedures. Depending on the severity of the
action, any steps may be passed up to termination.
➢ Counseling or Instructional Memorandum - Verbal counseling, counseling memorandum or
instructional memorandums are documented by supervisors in the member's personnel file.
➢ Remedial Training - Remedial training is required to correct a specific deficiency usually identified
by testing or any other evaluation method used during training or supervisory evaluation during
routine job performance. The recommendation for remedial training is appropriate when a violation
was caused primarily by the employee being inadequately prepared for his or her responsibilities.
The specific nature and procedure for remedial training will be determined by supervisors and/or
the Town Manager and documented by training form. The in-service training form will be
maintained in the employee's personnel file.
➢ Written Reprimand -A punitive measure which is recommended by the supervisor or/Town
Manager for more serious infractions of rules, regulations, directives or standard operating
procedures, or for repeated procedural error. The Town Manager and/or Police Chief reserves the
right to review the circumstances surrounding a written reprimand and may agree with, impose
stricter punishment or void the reprimand. The written reprimand is documented by memorandum.
➢ Disciplinary Probation- A punitive action where an employee is given a specific time limit to correct
or be re-trained in an area of deficiency. The employee will be continually evaluated and monitored
for progress. Disciplinary probation may be administered with other levels of discipline.
➢ Suspension Without Pay- A punitive action which may be recommended by a supervisor or Town
Manager for serious infractions of rules, regulations, directives or standard operating procedures, or
for repeated procedural errors.
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�' D i s c h a r g e - A p u n i t i v e a c t i o n w h i c h m a y b e r e c o m m e n d e d b y t h e T o w n M a n g e r o r t h e C h i e f o f
P o l i c e i n a c c o r d a n c e w i t h i n p r o v i s i o n s i n t o w n p o l i c y . A s p e c i f i c r e a s o n f o r d i s c h a r g e i s n o t
r e q u i r e d f o r p r o b a t i o n a r y m e m b e r s w h o m a y b e d i s c h a r g e d w i t h o u t c a u s e .
4 6
EMPLOYEE ACKNOWLEDGEMENT FORM
The Town of Gulf Stream Personnel Policy Handbook, Revised October 11, 2019 (the
handbook), describes important information about the Town, and I understand that I should consult
the Town Manager, Police Chief, or Human Resources Director regarding any questions not
answered in the handbook.
I have entered into my relationship with the Town voluntarily and acknowledge that there
is no specified length of employment. Accordingly, either I or the Town can terminate the
relationship at will, with or without cause, at any time, so long as there is no violation of applicable
federal or state law.
Since the information, policies, and benefits described here are necessarily subject to
change, I acknowledge that revisions to the handbook may occur, except to the Town's policy of
employment -at -will. All such changes will be communicated through official notices, and I
understand that revised information may supersede, modify, or eliminate existing policies. Only the
Town Commission or the Town Manager has the ability to adopt policies that amend this handbook.
Furthermore, I acknowledge that this handbook is neither a contract of employment nor a
legal document. I have received the handbook, and I understand that it is my responsibility to read
and comply with the policies contained in the handbook and any revision made to it.
EMPLOYEE'S SIGNATURE DATE
EMPLOYEE'S NAME (TYPED OR PRINTED)
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Appendix I
GRIEVANCE PROCEDURE
Section 1. Purpose
The grievance procedures outlined here establish policies and procedures in employment and
personnel management and provide for an adequate and fair hearing of grievances pertaining to each
individual's race, color, religion, sex, national origin, political affiliation, non- disqualifying disability
or age, where the grievance is based upon denial of equal employment opportunity or discrimination.
These procedures also relate to all other phases of employment for all employees of the Town of Gulf
Stream.
Section 2. Applicability/Coverage
These grievance procedures apply to all departments and all persons employed by the Town.
This policy does not guarantee any outcome other than a fair hearing of the grievance and does
not imply an employment contract or an obligation for any action on the part of the Town.
Section 3. Policy
Every employee shall have the right to present his or her problem or grievance in accordance with
these procedures, with or without a representative of their own choosing, free from interference,
coercion, restraint, discrimination, penalty, or reprisal. This includes any cause for dissatisfaction
outside the employee's control or anything connected with his or her job that he or she thinks or feels
is wrong. Every employee will be allowed such time off from his or her regular duties as may be
necessary and reasonable as determined by the supervisor, department head and/or Town Manager,
for processing a grievance under these procedures without loss of pay, vacation, or of other time
credits.
Section 4. Objectives
The objectives of these procedures include the following:
a) To assure employees of a means to get their complaints considered rapidly, fairly, and
without fear of reprisal.
b) To encourage employees to express themselves about how their conditions of work
affect them as employees.
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c) To provide better understanding of policies, practices, and procedures that affect
employees.
d) To provide supervisory personnel with greater opportunity to exercise proper
responsibility in dealing with employees, and to improve their effectiveness in carrying
out established policies.
e) To improve employee opportunities for performing duties with effectiveness and
satisfaction.
Section 5. Administration
The appropriate supervisor will coordinate all activities relating to grievance procedures.
The appropriate supervisor shall:
a) Coordinate a system for (1) counseling an aggrieved employee who believes he or she has been
discriminated against, and (2) attempting to informally resolve any matter raised by the aggrieved
employee.
b) Arrange for the receipt and investigation of individual complaints of discrimination, or any other
matter raised by the aggrieved employee.
c) Arrange for the receipt and investigation by organizations or other third parties of general
allegations of discrimination as are necessary on individual complaints, including any warranted
disciplinary action when an employee has been found to have engaged in a discriminatory practice.
d) Review the file on any individual complaint before a decision is made under the complaint
procedure and makes any recommendation to the Town Manager that he considers desirable,
including any disciplinary action that is warranted by the circumstances.
Section 6. Protection of Complainants, Employees, Witnesses, and Representatives from
Interference, Harassment, Intimidation, and Reprisal
All employees shall be free from any or all restraint, interference, coercion, or reprisal on
the part of their associates or supervisors in making any complaint or appeal, in serving as
49
representative of an appellant, in appearing as witnesses, or in seeking information in accordance
with these procedures. The above principles apply with equal force after a complaint has been
resolved. Should these principles be violated, the facts shall be brought to the attention of the
Town Manager by the appellant, his or her representative or the person affected so that the
appropriate remedial action may be taken.
Section 7. Procedure for Resolution of Complaints (Non -Adverse Action)
The Town Manager is designated to act in an effort to mediate or conciliate complaints.
However, initially, employees should attempt to resolve complaints at the lowest possible
supervisory level. Complaints will be heard by the immediate supervisor as rapidly as possible.
If the grievance is not resolved at the lowest level, the aggrieved may proceed to the
department head. The department head shall hear the complaint within no more than thirty (30)
calendar days after its receipt.
When a complaint has been received by a department head, a memorandum shall be
prepared by the department head to the Town Manager. The memorandum should advise him or
her of the complaint, outline the circumstances of the complaint, discuss attempts to resolve the
complaint, cite the recommendation of the immediate supervisor, and state the department head's
conclusion or recommendation for further action.
Finally, an employee may take a grievance to the Town Manager if he or she believes
it has not been appropriately resolved by the department head.
In any case where the employee feels that he or she cannot present the complaint or would
not receive proper consideration for the complaint by the immediate supervisor or department
head, he or she may, without prejudice, submit the complaint directly to the Town Manager. In the
event a complaint is against the Town Manager, the employee may report the allegations directly
to the Town Clerk or Chief of Police, who will be designated to act in accordance with this policy.
Substantiated complaints against the Town Manager shall be reported to the Town Attorney.
All complaints should be settled at the lowest possible supervisory level, and complaints
submitted to the Town Manager should be fully justifiable. The Town Manager will have the
right to refer complaints to a lower level when he or she feels it would be in the best interest of
the employee and/or the Town.
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APPENDIX II
TOWN OF GULF STREAM
COMPREHENSIVE ALCOHOL AND DRUG ABUSE POLICY
The primary objective of this policy is to provide a safe and healthy work environment for all
employees, and to provide the highest level of service and safety to the public. This policy is established to
provide guidelines on handling incidents of alcohol and/or drug abuse as it relates to the workplace, in
compliance with the drug-free workplace requirements under the Florida Statutes Workers' Compensation
Chapter, herein after referred to as Chapter 440 (§440.101-02, Florida Statutes).
The legislative intent of Chapter 440 is to promote drug-free workplaces so employers can be
afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the
marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies
associated with work-related accidents resulting from drug abuse by employees. Further, drug abuse is
discouraged under the statute, and employees who choose to engage in drug abuse face the risk of
unemployment and the forfeiture of workers' compensation benefits. To qualify as having established a
drug-free workplace program under Chapter 440 and to qualify for discounts provided under §627.0915,
Florida Statutes, and deny medical and indemnity benefits under this chapter, the Town must implement
drug testing that conforms to the standards and procedures established in Chapter 440.
The Town has implemented a drug-free workplace program in accordance with the notice,
education, and procedural requirements taken directly from the comprehensive procedures outlined in
Chapter 440. Chapter 59A-24 of the Florida Administrative Code, the Drug -Free Workplace Standards, as
adopted by the Agency for Health Care Administration, is also hereby incorporated by reference and shall
be utilized for all drug testing pursuant to Chapter 440.
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RESPONSIBILITY:
The Town Manager or designee is responsible for the administration of this procedure.
Upon initial employment, all employees receive a copy of the Town's Comprehensive Alcohol
and Drug Abuse Policy which sets forth employees' and the Town's rights, responsibilities, and procedures
and sign an acknowledgement of receipt. Employees are responsible for becoming familiar with and
understanding the policy. Questions regarding the content of the policy should be directed to the employee's
supervisor, or the Town Manager.
I. Definitions:
a. Confirmation test, confirmed test, or confirmed drug test refer to a second analytical
procedure used to identify the presence of a specific drug or metabolite in a specimen, which
test must be different in scientific principle from that of the initial test procedure and must be
capable of providing requisite specificity, sensitivity, and quantitative accuracy.
b. Drug means alcohol, including a distilled spirit, wine, a malt beverage, or an intoxicating
liquor; an amphetamine; a cannabinoid; cocaine; phencyclidine (PCP); a hallucinogen;
methaqualone; an opiate; a barbituarate; a benzodiazepine; a synthetic narcotic; a designer
drug; or a metabolite of any of the substances listed in this paragraph. The Town may test an
individual for any or all of such drugs.
c. Drug Rehabilitation Program means a service provider, established pursuant to Florida
Statutes, that provides confidential, timely, and expert identification, assessment, and
resolution of employee drug abuse.
d. Drug test or test refer to any chemical, biological, or physical instrumental analysis
administered, by a laboratory certified by the United States Department of Health and
Human Services or licensed by the Agency for Health Care Administration, for the purpose
of determining the presence or absence of a drug or its metabolites.
e. Initial Drug Test means a sensitive, rapid, and reliable procedure to identify negative and
presumptive positive specimens, using an immunoassay procedure or an equivalent, or a more
accurate scientifically accepted method approved by the United States Food and Drug
Administration or the Agency for Health Care Administration as such more accurate
technology becomes available in a cost- effective form.
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f. Job Applicant means a person who has applied for a special -risk or mandatory testing
position.
g. Medical Review Officer or MRO means a licensed physician, employed with or
contracted with the Town, who has knowledge of substance abuse disorders, laboratory
testing procedures, and chain of custody collection procedures; who verifies positive,
confirmed test results; and who has the necessary medical training to interpret and evaluate
an employee's positive test result in relation to the employee's medical history or any
other relevant biomedical information.
h. Prescription or non-prescription medication refers to drugs or medication obtained
pursuant to a prescription as defined by §893.02, Florida Statutes, or a medication that is
authorized pursuant to federal or state law for general distribution and use without a
prescription in the treatment of human diseases, ailments, or injuries.
i. Reasonable -suspicion drug testing means drug testing based on a belief that an employee
is using or has used drugs in violation of the Town's policy drawn from specific objective
and articulable facts and reasonable inferences drawn from those facts in light of experience.
Among other things, such facts and inferences may be based upon:
1. Observable phenomena while at work, such as direct observation of drug use or
the physical symptoms or manifestations of being under the influence of a drug.
2. Abnormal conduct or erratic behavior while at work or a significant deterioration
in work performance.
3. A report of drug use, provided by a reliable and credible source.
4. Evidence that an individual has tampered with a drug test during his or her
employment with the Town.
5. Information that an employee has caused, contributed to, or been involved in an
accident while at work.
6. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs
while working or while on the Town's premises or while operating the Town's
vehicle, machinery, or equipment.
J. Mandatory -testing position means a job assignment that requires the employee to carry a
firearm, work closely with an employee who carries a firearm, perform life- threatening
procedures, work with heavy machinery, work as a safety inspector, work with children,
work with detainees in the correctional system, work with confidential information or
documents pertaining to criminal investigations, work with controlled substances, or a job
assignment that requires an employee security background check, pursuant to § 110. 1127,
Florida Statutes, or a job assignment in which a momentary lapse in attention could result
in injury or death to another person.
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k. Special -risk position means a position that is required to be filled by a person who is
certified under Chapter 633 (Fire Prevention and Control) or Chapter 943 (Department of
Law Enforcement), Florida Statutes.
1. Specimen means tissue, hair, or a product of the human body capable of revealing the
presence of drugs or their metabolites, as approved by the United States Food and Drug
Administration or the Agency for Health Care Administration.
Il. Notice:
a. Prior to testing, an employee or job applicant shall receive proper notice in the form of
this Comprehensive Alcohol and Drug Abuse Policy. Additionally, Chapter 59A-24 of the
Florida Administrative Code shall be provided upon request.
b. The drugs to be tested for are included in the definition provided above. The following is
a list of over-the-counter and prescription drugs which could alter or affect a test result.
This list is not intended to be all-inclusive.
1. Alcohol: all liquid medications containing ethyl alcohol (ethanol). For example: Vick's
Nyquil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contact Severe
Cold Formula Night Strength is 25% (50 proof) and Listerine is 26.9% (54 proof).
Check the label of liquid medications for alcohol content.
2. Amphetamines: Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, lonamine,
Fastin
3. Cannabinoids: Marinol
4. Cocaine: Cocaine HCI topical solution (Roxanne)
5. Phencyclidine: Not legal by prescription
6. Methaqualone: Not legal by presciription
7. Opiates: Paregoric, Parepectolin, Donnagel PG, Morphine, 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.
8. Barbiturats: Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal,
Fioricet, Esgic, Butisol, Mebaral, Butabarbital, Butalbital, Phrenilin, Triad, etc.
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Benzodiazepines: Ativan, Azene, Clonpin, Dalmane, Diazepam, Librium, Xanax,
Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax.
10. Methadone: Dolphine, Metadose
11. Propoxyphene: Darvocet, Darvon N, Dolene, etc.
c. The name, address and telephone number of the Town's Employee Assistance Program
(EAP) through which substance abuse assessment and counseling services are available is
listed on the Acknowledgement Receipt and on the Town's Intranet.
d. All employees may make an appeal of disciplinary action or other management decision
as described in the Employee Handbook following the Grievance Procedure.
III. Required Testing and Refusal to Test:
The Town may require an employee or job applicant to submit to tests for the presence of
drugs after proper notice, under any of the following circumstances:
a. Application for Employment. As part of the initial screening process for job applicants applying
for special -risk or mandatory -testing positions, as defined above. Any job applicant who refuses
to submit to drug testing, refuses to sign a consent form, fails to appear for testing, tampers with
the test, or fails to pass the pre-employment selection drug test will be ineligible for hire. In the
event that an employee is permitted to begin working prior to receipt of the results of drug or
alcohol testing, such employment shall be contingent upon passing the drug or alcohol test.
b. Job Classification Change. Whenever an employee's job classification is changed such that
the new job classification is a special -risk or mandatory -testing position, as defined above.
c. Reasonable -Suspicion Drug Testing. Whenever Reasonable -Suspicion Drug Testing,
as defined above, is warranted. Failure of an employee to take the recommended test(s) may be
cause
for disciplinary action or termination. In cases where immediate termination is not warranted,
the employee will be placed on leave status and shall be required to use any accumulated leave
before being placed on leave without pay until it is determined that the employee is able to
55
return to full duty.
d. Routine Fitness for Duty. As part of routine fitness for duty drug testing for employees
in special -risk or mandatory -testing positions.
e. After Accident Testing. Whenever an employee is involved in an on-the-job auto accident or
for all on-the-job injuries/illness resulting in the filing of a Notice of Injury under Workers'
Compensation.
f. Random Testing. Through the use of an unbiased selection procedure, random drug
tests will be conducted on employees occupying mandatory -testing or special -risk positions
which are required to submit to random testing by law, the Employee Manual, or procedure.
g. Follow-up Test. For follow-up drug testing, if the employee in the course of employment
enters an employee assistance program for drug-related problems, or a drug rehabilitation
program, the employee is required to submit to a drug test as follow-up to such program, unless
the employee voluntarily entered the program. In those cases, the Town has the option to not
require follow-up testing. If follow-up testing is required, it must be conducted at least once a
year for a two-year period after completion of the program. Advance notice of a follow-up
testing date must not be given to the employee to be tested.
h. Refusal to Test. Refusal to submit to testing under this policy will result in forfeiture of
eligibility for all medical and indemnity benefits under the Workers' Compensation Act.
Employees will be subject to discipline, up to and including discharge for refusing to submit to
testing. A refusal to test may include: (1) failure or refusal to appear, to submit for any test, or
to submit a test sample, (2) failure to remain at the testing site until the testing process is
complete, (3) failure to provide an adequate amount of breath for a breath alcohol test, or (4)
failure to provide a sufficient specimen and a determination, through a required medical
examination, that there was no adequate medical explanation for such failure.
IV. Coordination of Testing Procedures
The following procedure will be used for testing in accordance with this Policy and Chapter
440:
a. A sample shall be collected with due regard to the privacy of the individual providing the sample,
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and in a manner reasonably calculated to prevent substitution or contamination of the sample.
b. Specimen collection must be documented and the documentation procedures shall include:
(1) labeling specimen containers so as to reasonably preclude the likelihood of erroneous
identification of test results; and (2) a form for the employee or job applicant to provide any
information he or she considers relevant to the test, including identification of currently or
recently used prescription or non-prescription medication or other relevant medical information.
The form must provide notice of the most common medications by brand name or common name,
as applicable, as well as by chemical name, which may alter or affect a drug test. The providing
of information shall not preclude the administration of the drug test but shall be taken into account
in interpreting any positive confirmed test result.
c. Specimen collection, storage, and transportation to testing site shall be performed in a manner that
reasonably precludes contamination or adulteration of specimens.
d. A specimen may be taken or collected by: a physician, a physician assistant, a registered
professional nurse, a licensed practical nurse, or a nurse practitioner, or a certified paramedic
who is present at the scene of an accident for the purpose of rendering emergency medical
service or treatment; or a qualified person employed by a licensed or certified laboratory as
outlined in Chapter 440.
e. The person who collects or takes a specimen shall collect an amount sufficient for two
drug tests as determined by the Agency for Health Care Administration.
f. Each confirmation test conducted shall be conducted by a licensed or certified laboratory pursuant
to Chapter 440.
g. Every specimen that produces a positive confirmed test result shall be preserved by the licensed
or certified laboratory that conducted the confirmation test for a period of at least 210 days after
the result of the test was mailed or otherwise delivered to the MRO. However, if an employee or
job applicant undertakes an administrative or legal challenge to the test result pursuant to Chapter
440 (§440.101-02, Florida Statutes), the employee or job applicant shall notify the laboratory and
the sample shall be retained by the laboratory until the case or administrative appeal is settled.
h. Within 5 working days after receipt of a positive confirmed test result from the MRO,
the Town shall inform an employee or job applicant in writing of such positive test result,
the consequences of such results, and the options available to the employee or job applicant.
The Town shall provide the employee or job applicant a copy of the test results upon request.
57
During the 180 day period after written notification of a positive test result, the employee
or job applicant who has provided the specimen shall be permitted by the Town to have a
portion of the specimen retested, at the employee's or job applicant's expense, at another
laboratory, licensed and approved by the Agency for Health Care Administration, chosen by
the employee or job applicant. The second laboratory must test at equal or greater sensitivity
for the drug in question as the first laboratory. The first laboratory that performed the test for
the Town is responsible for the transfer of the portion of the specimen to be retested and for
the integrity of the chain of custody during such transfer.
j. Within 5 working days after receiving notice of a positive confirmed test result, an employee
or job applicant may contest or explain the result to the MRO. The challenge must be in
writing, signed and dated by the test donor. If an employee's or job applicant's explanation
or challenge is unsatisfactory to the MRO, the MRO shall report a positive test result back
to the Town. An employee may contest the drug test result pursuant to law or to rules adopted
by the Agency for Health Care Administration.
k. Within 5 working days after receiving notice of a positive confirmed test result, an employee
or job applicant may submit information to the Town explaining why the result does not
constitute a violation of the Town's policy.
If the employee's or job applicant's explanation or challenge of the positive test result is
unsatisfactory to the Town, a written explanation as to why the employee's or job applicant's
explanation is unsatisfactory, along with the report of positive result, shall be provided by the
Town to the employee or job applicant; and all such documentation shall be kept confidential
by the Town pursuant to Chapter 440 and shall be retained by the Town for at least 1 year.
in. The Town may not discharge, discipline, refuse to hire, discriminate against, or request or
require rehabilitation of an employee or job applicant on the sole basis of a positive test result
that has not been verified by a confirmation test and by a MRO.
n. The Town shall use chain -of -custody procedures established by the Agency for Health Care
Administration to ensure proper recordkeeping, handling, labeling, and identification of all
specimens tested.
o. The Town shall pay the cost of all drug tests, initial and confirmation, which the Town requires
of employees. An employee or job applicant shall pay the costs of any additional drug tests
not required by the Town.
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p. All specimens identified as presumptively positive on the initial test shall be confirmed
using mass spectrometry/mass spectrometry (MS/MS) or gas chromatography/mass
spectrometry (GC/MS), except that alcohol will be confirmed using gas chromatography. All
confirmations shall be done by quantitative analysis.
q. Testing Procedures Utilizing Breath:
1. Testing procedure requirements for breath samples are set forth under Code
of Federal Regulations, Title 49.
2. A National Highway Traffic Safety Administration (NHTSA) approved evidential
breath testing (EBT) device must be operated by a trained breath alcohol technician
(BAT). The concentration of alcohol is expressed in terms of grams of alcohol per
210 liters of breath. An alcohol concentration of 0.04 or greater will be considered
a positive alcohol test.
r. Testing Procedures Utilizing Urine:
3. Testing procedure requirements for urine samples are outlined in Chapter 59A-24 of
the Florida Administrative Code.
S. Testing Procedures Utilizing Hair:
4. Testing procedure requirements for hair samples are outlined in§ 112.0455 (13) (b),
Florida Statute.
Additional hair samples may be collected to assure that sufficient quantities of hair
are available to confirm an initial positive report. For hair testing negative, the Town
may request a recollection only once for the purposes of retesting and must make the
request no more than seven working days from the time of the original negative test.
A second test must be offered to anyone disputing a positive hair test result.
V. Confirmation Testing
a. If an initial drug test is negative, the Town may in its sole discretion seek a confirmation test.
b. Only licensed or certified laboratories may conduct confirmation drug tests.
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c. All positive initial tests shall be confirmed using gas chromatography/mass spectrometry
(GC/MS) or an equivalent or more accurate scientifically accepted method approved by the
Agency for Health Care Administration or the United States Food and Drug Administration
as such technology becomes available in a cost- effective form.
d. If an initial drug test of an employee or job applicant is confirmed as positive, the Town's
MRO shall provide technical assistance to the Town and to the employee or job applicant for
the purpose of interpreting the test result to determine whether the result could have been
caused by prescription or nonprescription medication taken by the employee or job applicant.
e. In the event that the MRO has deemed the collected specimen to be invalid, the MRO may
request that an additional specimen be collected under direct observation. If an additional
specimen is required, the MRO will provide the employee with further instruction. The
collector may also require a direct observation specimen be conducted under the guidelines
set forth under Code of Federal Regulations, Title 49, if suspicious circumstances warrant
such an action.
VI. Employee Protection
The Town shall not discharge, discipline, or discriminate against an employee solely upon
the employee's voluntarily seeking treatment, while under the employ of the Town, for a
drug-related problem if the employee has not previously tested positive for drug use,
entered an employee assistance program for drug-related problems, or entered a drug
rehabilitation program. However, special risk employees may be subject to discharge or
disciplinary action when the presence of illicit drugs, pursuant to 893.13, Florida Statues, is
confirmed. Unless otherwise provided by a collective bargaining agreement, the Town
may select the employee assistance program or drug rehabilitation program if the Town
pays the cost of the employee's participation in the program.
b. If drug testing is conducted based on reasonable suspicion, the Town shall promptly detail
in writing the circumstances which formed 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 the original documentation shall be kept confidential by the
Town pursuant to §440.102 (8), Florida Statute, and shall be retained by the Town for at least
1 year.
c. All authorized remedial treatment, care, and attendance provided by a health care provider to
an injured employee before medical and indemnity benefits are denied under this section
must be paid for by the carrier or self -insurer. However, the carrier or self -insurer must have
60
given reasonable notice to all affected health care providers that payment for treatment, care,
and attendance provided to the employee after a future date certain will be denied. A health
care provider, as defined in §440.13(1)(g), Florida Statute that refuses, without good cause,
to continue treatment, care, and attendance before the provider receives notice of benefit
denial commits a misdemeanor of the second degree, punishable as provided in §775.082 or
§775.083, Florida Statues.
VII. Town Protection
a. An employee or job applicant whose drug test result is confirmed as positive in accordance
with this section shall not, by virtue of the result alone, be deemed to have a "handicap" or
"disability" as defined under federal, state, or local handicap and disability discrimination
laws.
b. No physician -patient relationship is created between an employee or job applicant and the
Town or any person performing or evaluating a drug test, solely by the establishment,
implementation, or administration of a drug -testing program.
c. If an employee or job applicant refuses to submit to a drug test, the Town is not barred from
discharging or disciplining the employee or from refusing to hire the job applicant.
VIII. Confidentiality pursuant to §440.102 (8), Florida Statutes
a. Except as otherwise provided in this subsection, all information, interviews, reports,
statements, memoranda, and drug test results, written or otherwise, received or produced as
a result of a drug -testing program are confidential and exempt from the provisions of
§ 119.07(1), Florida Statutes and §24(a), Art. I of the State Constitution, and may not be used
or received in evidence, obtained in discovery, or disclosed in any public or private
proceedings, except in accordance with this section or in determining compensability under
this chapter.
b. The Town laboratories, medical review officers, employee assistance programs, drug
rehabilitation programs, and their agents may not release any information concerning drug
test results obtained pursuant to this section without a written consent form signed voluntarily
by the person tested, unless such release is compelled by an administrative law judge, a
hearing officer, or a court of competent jurisdiction pursuant to an appeal taken under this
section or is deemed appropriate by a professional or occupational licensing board in a
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related disciplinary proceeding. The consent form must contain, at a minimum:
1. The name of the person who is authorized to obtain the information.
2. The purpose of the disclosure.
3. The precise information to be disclosed.
4. The duration of the consent.
5. The signature of the person authorizing release of the information.
c. Information on drug test results shall not be used in any criminal proceeding against the
employee or job applicant. Information released contrary to this section is inadmissible as
evidence in any such criminal proceeding.
d. This subsection does not prohibit the Town, an agent of the Town, or laboratory conducting
a drug test from having access to employee drug test information or using such information
when consulting with legal counsel in connection with actions brought under or related to
this section or when the information is relevant to its defense in a civil or administrative
matter.
e. In accordance with Attorney General Opinion 2013-19, drug test results obtained by the Town
pursuant to this drug -testing program are not subject to inspection or copying pursuant to a
request under Chapter 119, Florida Statutes, Florida's Public Records Law.
IX. Drug Testing Standards for Laboratories
The Town will follow the Drug -Testing Standards for Laboratories as outlined in Chapter 440.
Also see the drug -testing standards included in Chapter 59A-24 of the Florida Administrative Code,
which will be provided upon request. X.
Investigation of Cause for Reasonable Suspicion Testing
a. When the Town Manager or designee is notified or suspects an employee may be in violation
of the Town's Comprehensive Alcohol and Drug Abuse Policy the Town Manager must
observe the behavior of the individual and immediately document the events. The Town
Clerk, Police Chief, or designee may be contacted to be a witness. Both the Town Manager
and other witness should be involved in all steps of the process and both are expected to fully
62
document the events immediately and maintain confidentiality at all times.
b. Both the Town Manager and the witness must observe the behavior of the individual and
complete separate documentation.
c. After completing the required documentation, if the Town Manager and witness believe the
individual may be in violation of the policy, the supervisor and witness must remove the
employee from their current assignment.
d. The Town Manager and witness shall provide the written directive regarding testing to the
employee, and immediate placement on paid administrative leave pending the results of
the test, in an area where a conversation with the individual can be held in private.
e. Once the directive is acknowledged by the employee, the Town Manager and witness shall
proceed with testing in the same manner as they would for any post -accident drug/alcohol
screening procedure. Call the site in advance and provide them all necessary information
citing test is for reasonable suspicion of illegal drugs and/or alcohol.
f. In the case of refusal by the employee, have the employee acknowledge the consequence of
their refusal in writing. Refusal to submit to testing and/or failure to comply with the
directive may result in disciplinary action up to and including termination.
g. The Town Manager or witness shall drive the person to the testing facility. The Town
Manager or witness shall call a friend/family member or arrange for a cab service to bring
the employee home from the testing site. Do not let the employee drive themselves home if
there is reasonable suspicion they are in violation of the policy.
h. If the test is negative, there shall be no loss of pay or benefits. Where appropriate a doctor's
signed release may be required by the Town before the employee is returned to work. Time
lost due to actual illness will be charged to sick leave. If the behavior that led to the initial
investigation is not due to prohibited drugs and/or alcohol, but continues to hinder job
performance, the Town may require the employee to undergo further medical evaluation.
i. If the test is positive, discipline may be recommended by the department director, up to and
including termination. In cases where immediate termination is not warranted, the employee
will be placed on leave status and/or required to undergo designated rehabilitation as detailed
in section XII, Disciplinary Action.
j. Employees will be subject to discipline, up to and including termination, for refusing to
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cooperate with testing, searches, or investigations.
XI. After Accident Testing
Whenever an employee is involved in an auto accident, as defined by Florida Statues, on-the-
job, or for all on-the-job injuries/illness resulting in the filing of a Notice of Injury under Workers'
Compensation, the Town Manager shall provide the written directive regarding testing to the employee.
Refusal to timely submit to a post -accident drug screen may result in denial of benefits under Workers'
Compensation.
XII. Disciplinary Action:
a. If an employee in a mandatory -testing position enters an employee assistance program or
drug rehabilitation program, the Town may assign the employee to a position other than a
mandatory -testing position or, if such position is not available, place the employee on leave
while the employee is participating in the program. However, the employee shall be
permitted to use any accumulated annual leave credits before leave may be ordered without
pay.
b. An employee in a special -risk position may be discharged or disciplined by the Town for the
first positive confirmed test result if the drug confirmed is an illicit drug under §893.03,
Florida Statue. A special -risk employee who is participating in an employee assistance
program or drug rehabilitation program may not be allowed to continue to work in any
special -risk or mandatory -testing position of the Town but may be assigned to a position
other than a mandatory -testing position or placed on leave while the employee is
participating in the program. However, the employee shall be permitted to use any
accumulated annual leave credits before leave without pay.
Employees who are not immediately terminated for testing positive or some other
violation of this policy may be placed on probation and required to undergo designated
rehabilitation or other activities designated by the Town's Employee Assistance Program
(EAP) in conjunction with management; to undergo periodic unannounced screening for a
set period and be subject to termination for any future violation of the policy. The employee
shall be permitted to use any accumulated leave before leave may be ordered without pay.
d. Employees who test positive, admit to drug or alcohol use or related misconduct,
or voluntarily seek assistance, and are not terminated, will not be returned to work or
continue working until they have been evaluated by the Town's EAP in conjunction with
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management to determine if they can safely return to work.
XIII. Denial of Benefits
The Town shall deny an employee medical or indemnity benefits under Chapter 440, Workers'
Compensation, for a violation of the Drug -Free workplace program implemented by the Town.
XIV. Voluntary Admission:
An employee who voluntarily informs the Town Manager or his/her supervisor of a drug or
alcohol problem, may, at the Town's discretion, be granted an unpaid leave of absence, or may be allowed
to use any other accrued leave for the purpose of receiving rehabilitation and treatment. Such employee
must cooperate fully with the treatment process and will not be permitted to return to work until
appropriate transitional planning has been approved by the Director of Human Resources and the
employee's Department Director.
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TOWN OF GULF STREAM
ALCOHOL AND DRUG ABUSE POLICY
Consent Agreement
I understand that, if employed by the Town of Gulf Stream, I must abide by the terms of the Town's
Comprehensive Alcohol & Drug Abuse Policy and acknowledge that I have received same and that I may be
required to submit to testing for the presence of illegal drugs and/or alcohol. I understand that submission to such
testing is a condition of employment with the Town of Gulf Stream, and disciplinary action, up to and including
dismissal may result if I fail to meet the terms of said policy.
Drug screening will be conducted by the Town of Gulf Stream's designee. I further consent to the release of the
results to the Town of Gulf Stream.
I understand that the results of the drug testing, if confirmed positive, will remove me from consideration of
employment as outlined in the Town's Comprehensive Alcohol & Drug Abuse Policy (Administrative Policy
1-17-3). I also understand that if I refuse to consent, I will be removed from further consideration and/or eligibility
for employment.
The name, address and telephone number of the Town's Employee Assistance Program (EAP) through which
substance abuse assessment and counseling services are available within the Town's existing employee benefit
program is:
The Center for Family Services
24/7 Support, Resources & Information
Call: (561) 616-1222 or Online: httt)s://www.ctrfam.orR (Client Code: EAPTOWNGUL)
To comply with FSS 440.102(3)(a)(7), the Town is also providing you with a representative sampling of names,
addresses and telephone numbers of EAP and local drug rehabilitation programs. There is no agreement in
place to provide EAP services to Town employees with these providers.
Gulf Stream Institute Family Health Counseling
314 10`h Street 2677 Forest Hill Blvd.
West Palm Beach, FL 33401 West Palm Beach, FL 34461
Phone: (561) 833-7553 Phone: (561) 433-0123
Signature
Print Name
Witness
Date
Print Name
APPENDIX II
TOWN OF GULF STREAM
COMPREHENSIVE ALCOHOL AND DRUG ABUSE POLICY
The primary objective of this policy is to provide a safe and healthy work environment for all
employees, and to provide the highest level of service and safety to the public. This policy is established
to provide guidelines on handling incidents of alcohol and/or drug abuse as it relates to the workplace, in
compliance with the drug-free workplace requirements under the Florida Statutes Workers'
Compensation Chapter, herein after referred to as Chapter 440 (§440.101-02, Florida Statutes).
The legislative intent of Chapter 440 is to promote drug-free workplaces so employers can be afforded
the opportunity to maximize their levels of productivity, enhance their competitive positions in the
marketplace, and reach their desired levels of success without experiencing the costs, delays, and
tragedies associated with work-related accidents resulting from drug abuse by employees. Further, drug
abuse is discouraged under the statute, and employees who choose to engage in drug abuse face the risk
of unemployment and the forfeiture of workers' compensation benefits. To qualify as having established a
drug-free workplace program under Chapter 440 and to qualify for discounts provided under §627.0915,
Florida Statutes, and deny medical and indemnity benefits under this chapter, the Town must implement
drug testing that conforms to the standards and procedures established in Chapter 440.
The Town has implemented a drug-free workplace program in accordance with the notice, education, and
procedural requirements taken directly from the comprehensive procedures outlined in Chapter 440.
Chapter 59A-24 of the Florida Administrative Code, the Drug -Free Workplace Standards, as adopted
by the Agency for Health Care Administration, is also hereby incorporated by reference and shall be
utilized for all drug testing pursuant to Chapter 440.
RESPONSIBILITY:
The Town Manager or designee is responsible for the administration of this procedure.
PROCEDURE:
Upon initial employment, all employees receive a copy of the Town's Comprehensive Alcohol
and Drug Abuse Policy which sets forth employees' and the Town's rights, responsibilities, and
procedures and sign an acknowledgement of receipt. Employees are responsible for becoming familiar
with and understanding the policy. Questions regarding the content of the policy should be directed to the
employee's supervisor, or the Town Manager.
L Definitions:
a. Confirmation test, confirmed test, or confirmed drug test refer to a second
analytical procedure used to identify the presence of a specific drug or metabolite in a
specimen, which test must be different in scientific principle from that of the initial test
procedure and must be capable of providing requisite specificity, sensitivity, and
quantitative accuracy.
b. Drug means alcohol, including a distilled spirit, wine, a malt beverage, or an
intoxicating liquor; an amphetamine; a cannabinoid; cocaine; phencyclidine (PCP); a
hallucinogen; methaqualone; an opiate; a barbituarate; a benzodiazepine; a synthetic
narcotic; a designer drug; or a metabolite of any of the substances listed in this paragraph.
The Town may test an individual for any or all of such drugs.
C. Drug Rehabilitation Program means a service provider, established pursuant to Florida
Statutes, that provides confidential, timely, and expert identification, assessment, and
resolution of employee drug abuse.
d. Drug test or test refer to any chemical, biological, or physical instrumental
analysis administered, by a laboratory certified by the United States Department of Health
and Human Services or licensed by the Agency for Health Care Administration, for the
purpose of determining the presence or absence of a drug or its metabolites.
Initial Drug Test means a sensitive, rapid, and reliable procedure to identify
negative and presumptive positive specimens, using an immunoassay procedure or an
equivalent, or a more accurate scientifically accepted method approved by the United
States Food and Drug Administration or the Agency for Health Care Administration as
such more accurate technology becomes available in a cost- effective form.
Job Applicant means a person who has applied for a special -risk or mandatory -testing
position.
g. Medical Review Officer or MRO means a licensed physician, employed with or
contracted with the Town, who has knowledge of substance abuse disorders, laboratory
testing procedures, and chain of custody collection procedures; who verifies positive,
confirmed test results; and who has the necessary medical training to interpret and
evaluate an employee's positive test result in relation to the employee's medical
history or any other relevant biomedical information.
h. Prescription or non-prescription medication refers to drugs or medication
obtained pursuant to a prescription as defined by §893.02, Florida Statutes, or a
medication that is authorized pursuant to federal or state law for general distribution and
use without a prescription in the treatment of human diseases, ailments, or injuries.
i. Reasonable -suspicion drug testing means drug testing based on a belief that an
employee is using or has used drugs in violation of the Town's policy drawn from
specific objective and articulable facts and reasonable inferences drawn from those facts
in light of experience. Among other things, such facts and inferences may be based
upon:
1. Observable phenomena while at work, such as direct observation of
drug use or the physical symptoms or manifestations of being under the
influence of a drug.
2. Abnormal conduct or erratic behavior while at work or a significant
deterioration in work performance.
3. A report of drug use, provided by a reliable and credible source.
4. Evidence that an individual has tampered with a drug test during his or her
employment with the Town.
5. Information that an employee has caused, contributed to, or been
involved in an accident while at work.
6. Evidence that an employee has used, possessed, sold, solicited, or transferred
drugs while working or while on the Town's premises or while
operating the Town's vehicle, machinery, or equipment.
Mandatory -testing position means a job assignment that requires the employee to
carry a firearm, work closely with an employee who carries a firearm, perform life-
threatening procedures, work with heavy machinery, work as a safety inspector,
work with children, work with detainees in the correctional system, work with
confidential information or documents pertaining to criminal investigations, work with
controlled substances, or a job assignment that requires an employee security
background check, pursuant to § 110. 1127, Florida Statutes, or a job assignment in
which a momentary lapse in attention could result in injury or death to another
person.
k. Special -risk position means a position that is required to be filled by a person who is
certified under Chapter 633 (Fire Prevention and Control) or Chapter 943 (Department
of Law Enforcement), Florida Statutes.
1. Specimen means tissue, hair, or a product of the human body capable of revealing the
presence of drugs or their metabolites, as approved by the United States Food and
Drug Administration or the Agency for Health Care Administration.
II. Notice:
a. Prior to testing, an employee or job applicant shall receive proper notice in the form of
this Comprehensive Alcohol and Drug Abuse Policy. Additionally, Chapter 59A-24 of
the Florida Administrative Code shall be provided upon request.
b. The drugs to be tested for are included in the definition provided above. The
following is a list of over-the-counter and prescription drugs which could alter or
affect a test result. This list is not intended to be all-inclusive.
1. Alcohol: all liquid medications containing ethyl alcohol (ethanol). For
example: Vick's Nyquil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40
proof), Contact Severe Cold Formula Night Strength is 25% (50 proof) and
Listerine is 26.9% (54 proof). Check the label of liquid medications for
alcohol content.
2. Amphetamines: Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex,
Ionamine, Fastin
3. Cannabinoids: Marinol
4. Cocaine: Cocaine HCI topical solution (Roxanne)
5. Phencyclidine :Not legal by prescription
6. Methaqualone: Not legal by presciription
7. Opiates: Paregoric, Parepectolin, Donnagel PG, Morphine, 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.
8. Barbiturats: Phenobarbital, Tuinal, Amytal, Nembutal, Seconal,
Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebaral, Butabarbital, Butalbital,
Phrenilin, Triad, etc.
9. Benzodiazepines: Ativan, Azene, Clonpin, Dalmane, Diazepam,
Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam,
Restoril, Centrax.
10. Methadone: Dolphine, Metadose
11. Propoxyphene: Darvocet, Darvon N, Dolene, etc.
c. The name, address and telephone number of the Town's Employee Assistance Program
(EAP) through which substance abuse assessment and counseling services are available is
listed on the Acknowledgement Receipt and on the Town's Intranet.
d. All employees may make an appeal of disciplinary action or other management decision as described in
the Employee Handbook following the Grievance Procedure.
III. Required Testing and Refusal to Test:
The Town may require an employee or job applicant to submit to tests for the presence of
drugs after proper notice, under any of the following circumstances:
a. Application for Employment. As part of the initial screening process for job applicants
applying for special -risk or mandatory -testing positions, as defined above. Any job
applicant who refuses to submit to drug testing, refuses to sign a consent form, fails to
appear for testing, tampers with the test, or fails to pass the pre-employment selection drug
test will be ineligible for hire. In the event that an employee is permitted to begin working
prior to receipt of the results of drug or alcohol testing, such employment shall be contingent
upon passing the drug or alcohol test.
b. Job Classification Change. Whenever an employee's job classification is changed such that
the new job classification is a special -risk or mandatory -testing position, as defined above.
c. Reasonable -Suspicion Drug Testing. Whenever Reasonable -Suspicion Drug Testing,
as defined above, is warranted. Failure of an employee to take the recommended test(s) may
be cause for disciplinary action or termination. In cases where immediate
termination is not warranted, the employee will be placed on leave status and shall be
required to use any accumulated leave before being placed on leave without pay until it is
determined that the employee is able to return to full duty.
d. Routine Fitness_for Duty. As part of routine fitness for duty drug testing for employees
in special -risk or mandatory -testing positions.
e. After Accident Testing. Whenever an employee is involved in an on-the-job auto
accident or for all on-the-job injuries/illness resulting in the filing of a Notice of Injury
under Workers' Compensation.
f. Random Testing. Through the use of an unbiased selection procedure, random drug
tests will be conducted on employees occupying mandatory -testing or special -risk positions
which are required to submit to random testing by law, the Employee Manual, or procedure.
g. Follow-up Test. For follow-up drug testing, if the employee in the course of
employment enters an employee assistance program for drug-related problems, or a drug
rehabilitation program, the employee is required to submit to a drug test as follow-up to
such program, unless the employee voluntarily entered the program. In those cases, the
Town has the option to not require follow-up testing. If follow-up testing is required, it
must be conducted at least once a year for a two year period after completion of the program.
Advance notice of a follow-up testing date must not be given to the employee to be
tested.
h. Refusal to Test. Refusal to submit to testing under this policy will result in forfeiture of
eligibility for all medical and indemnity benefits under the Workers' Compensation
Act. Employees will be subject to discipline, up to and including discharge for refusing to
submit to testing. A refusal to test may include: (1) failure or refusal to appear, to submit
for any test, or to submit a test sample, (2) failure to remain at the testing site until the
testing process is complete, (3) failure to provide an adequate amount of breath for a breath
alcohol test, or (4) failure to provide a sufficient specimen and a determination, through a
required medical examination, that there was no adequate medical explanation for such
failure.
IV. Coordination of Testing Procedures
The following procedure will be used for testing in accordance with this Policy and Chapter
440:
a. A sample shall be collected with due regard to the privacy of the individual providing the
sample, and in a manner reasonably calculated to prevent substitution or
contamination of the sample.
b. Specimen collection must be documented and the documentation procedures shall
include: (1) labeling specimen containers so as to reasonably preclude the likelihood of
erroneous identification of test results; and (2) a form for the employee or job applicant to
provide any information he or she considers relevant to the test, including
identification of currently or recently used prescription or non-prescription medication or
other relevant medical information. The form must provide notice of the most
common medications by brand name or common name, as applicable, as well as by
chemical name, which may alter or affect a drug test. The providing of information
shall not preclude the administration of the drug test but shall be taken into account in
interpreting any positive confirmed test result.
C. Specimen collection, storage, and transportation to testing site shall be performed in a
manner that reasonably precludes contamination or adulteration of specimens.
d. A specimen may be taken or collected by: a physician, a physician assistant, a
registered professional nurse, a licensed practical nurse, or a nurse practitioner, or a
certified paramedic who is present at the scene of an accident for the purpose of
rendering emergency medical service or treatment; or a qualified person employed by a
licensed or certified laboratory as outlined in Chapter 440.
e. The person who collects or takes a specimen shall collect an amount sufficient for two
drug tests as determined by the Agency for Health Care Administration.
f. Each confirmation test conducted shall be conducted by a licensed or certified
laboratory pursuant to Chapter 440.
g. Every specimen that produces a positive confirmed test result shall be preserved by the
licensed or certified laboratory that conducted the confirmation test for a period of at least
210 days after the result of the test was mailed or otherwise delivered to the MRO. However,
if an employee or job applicant undertakes an administrative or legal challenge to
the test result pursuant to Chapter 440 (§440.101-02, Florida Statutes), the employee or job
applicant shall notify the laboratory and the sample shall be retained by the laboratory
until the case or administrative appeal is settled.
h. Within 5 working days after receipt of a positive confirmed test result from the MRO,
k
in
the Town shall inform an employee or job applicant in writing of such positive test result,
the consequences of such results, and the options available to the employee or job applicant.
The Town shall provide the employee or job applicant a copy of the test results upon request.
During the 180 day period after written notification of a positive test result, the
employee or job applicant who has provided the specimen shall be permitted by the Town to
have a portion of the specimen retested, at the employee's or job applicant's expense, at
another laboratory, licensed and approved by the Agency for Health Care Administration,
chosen by the employee or job applicant. The second laboratory must test at equal or greater
sensitivity for the drug in question as the first laboratory. The first laboratory that performed
the test for the Town is responsible for the transfer of the portion of the specimen to be
retested and for the integrity of the chain of custody during such transfer.
Within 5 working days after receiving notice of a positive confirmed test result, an
employee or job applicant may contest or explain the result to the MRO. The challenge
must be in writing, signed and dated by the test donor. If an employee's or job applicant's
explanation or challenge is unsatisfactory to the MRO, the MRO shall report a positive test
result back to the Town. An employee may contest the drug test result pursuant to law or to
rules adopted by the Agency for Health Care Administration.
Within 5 working days after receiving notice of a positive confirmed test result, an
employee or job applicant may submit information to the Town explaining why the result
does not constitute a violation of the Town's policy.
If the employee's or job applicant's explanation or challenge of the positive test result is
unsatisfactory to the Town, a written explanation as to why the employee's or job applicant's
explanation is unsatisfactory, along with the report of positive result, shall be provided by the
Town to the employee or job applicant; and all such documentation shall be kept confidential
by the Town pursuant to Chapter 440 and shall be retained by the Town for at least 1 year.
The Town may not discharge, discipline, refuse to hire, discriminate against, or request or require
rehabilitation of an employee or job applicant on the sole basis of a positive test result that has
not been verified by a confirmation test and by a MRO.
n. The Town shall use chain -of -custody procedures established by the Agency for Health Care
Administration to ensure proper recordkeeping, handling, labeling, and identification of all
specimens tested.
o. The Town shall pay the cost of all drug tests, initial and confirmation, which the Town requires
of employees. An employee or job applicant shall pay the costs of any additional drug tests
not required by the Town.
p. All specimens identified as presumptively positive on the initial test shall be confirmed
using mass spectrometry/mass spectrometry (MS/MS) or gas chromatography/mass
spectrometry (GC/MS), except that alcohol will be confirmed using gas chromatography. All
confirmations shall be done by quantitative analysis.
q. Testing Procedures Utilizing Breath:
Testing procedure requirements for breath samples are set forth under Code
of Federal Regulations, Title 49.
2. A National Highway Traffic Safety Administration (NHTSA) approved
evidential breath testing (EBT) device must be operated by a trained breath
alcohol technician (BAT). The concentration of alcohol is expressed in terms
of grams of alcohol per 210 liters of breath. An alcohol
concentration of 0.04 or greater will be considered a positive alcohol test.
Testing Procedures Utilizing Urine:
3. Testing procedure requirements for urine samples are outlined in Chapter
59A-24 of the Florida Administrative Code.
Testing Procedures Utilizing Hair:
4. Testing procedure requirements for hair samples are outlined in§ 112.0455
(13) (b), Florida Statute.
5. Additional hair samples maybe collected to assure that sufficient quantities of hair
are available to confirm an initial positive report. For hair testing negative,
the Town may request a recollection only once for the purposes of retesting,
and must make the request no more than seven working days from the time of
the original negative test. A second test must be offered to anyone disputing a
positive hair test result.
V. Confirmation Testing
a. If an initial drug test is negative, the Town may in its sole discretion seek a confirmation test.
b. Only licensed or certified laboratories may conduct confirmation drug tests.
c. All positive initial tests shall be confirmed using gas chromatography/mass spectrometry
(GC/MS) or an equivalent or more accurate scientifically accepted method approved by the
Agency for Health Care Administration or the United States Food and Drug Administration
as such technology becomes available in a cost- effective form.
d. If an initial drug test of an employee or job applicant is confirmed as positive, the Town's
MRO shall provide technical assistance to the Town and to the employee or job applicant for
the purpose of interpreting the test result to determine whether the result could have been
caused by prescription or nonprescription medication taken by the employee or job applicant.
e. In the event that the MRO has deemed the collected specimen to be invalid, the MRO may
request that an additional specimen be collected under direct observation. If an additional
specimen is required, the MRO will provide the employee with further instruction. The
collector may also require a direct observation specimen be conducted under the
guidelines set forth under Code of Federal Regulations, Title 49, if suspicious circumstances
warrant such an action.
VI. Employee Protection
a. The Town shall not discharge, discipline, or discriminate against an employee solely upon the
employee's voluntarily seeking treatment, while under the employ of the Town, for a
drug-related problem if the employee has not previously tested positive for drug use, entered
an employee assistance program for drug-related problems, or entered a drug rehabilitation
program. However, special risk employees may be subject to discharge or disciplinary
action when the presence of illicit drugs, pursuant to 893.13, Florida Statues, is confirmed.
Unless otherwise provided by a collective bargaining agreement, the Town may select
the employee assistance program or drug rehabilitation program if the Town pays the cost
of the employee's participation in the program.
b. If drug testing is conducted based on reasonable suspicion, the Town shall promptly
detail in writing the circumstances which formed 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 the original documentation shall be kept
confidential by the Town pursuant to §440.102 (8), Florida Statute, and shall be
retained by the Town for at least 1 year.
c. All authorized remedial treatment, care, and attendance provided by a health care
provider to an injured employee before medical and indemnity benefits are denied
under this section must be paid for by the carrier or self -insurer. However, the carrier or
self -insurer must have given reasonable notice to all affected health care providers that
payment for treatment, care, and attendance provided to the employee after a future date
certain will be denied. A health care provider, as defined in §440.13(1)(g), Florida Statute
that refuses, without good cause, to continue treatment, care, and attendance before the
provider receives notice of benefit denial commits a misdemeanor of the second degree,
punishable as provided in §775.082 or §775.083, Florida Statues.
VII. Town Protection
a. An employee or job applicant whose drug test result is confirmed as positive in
accordance with this section shall not, by virtue of the result alone, be deemed to have a
"handicap" or "disability" as defined under federal, state, or local handicap and
disability discrimination laws.
b. No physician -patient relationship is created between an employee or job applicant and
the Town or any person performing or evaluating a drug test, solely by the
establishment, implementation, or administration of a drug -testing program.
c. If an employee or job applicant refuses to submit to a drug test, the Town is not barred from
discharging or disciplining the employee or from refusing to hire the job applicant.
VIII. Confidentiality pursuant to §440.102 (8), Florida Statutes
a. Except as otherwise provided in this subsection, all information, interviews, reports,
statements, memoranda, and drug test results, written or otherwise, received or
produced as a result of a drug -testing program are confidential and exempt from the
provisions of §119.07(1), Florida Statutes and §24(a), Art. I of the State Constitution, and
may not be used or received in evidence, obtained in discovery, or disclosed in any public or
private proceedings, except in accordance with this section or in determining
compensability under this chapter.
b. The Town laboratories, medical review officers, employee assistance programs, drug
rehabilitation programs, and their agents may not release any information concerning drug
test results obtained pursuant to this section without a written consent form signed
voluntarily by the person tested, unless such release is compelled by an administrative law
judge, a hearing officer, or a court of competent jurisdiction pursuant to an appeal taken
under this section or is deemed appropriate by a professional or occupational licensing
board in a related disciplinary proceeding. The consent form must contain, at a minimum:
1. The name of the person who is authorized to obtain the information.
2. The purpose of the disclosure.
3. The precise information to be disclosed.
4. The duration of the consent.
5. The signature of the person authorizing release of the information.
c. Information on drug test results shall not be used in any criminal proceeding against the
employee or job applicant. Information released contrary to this section is
inadmissible as evidence in any such criminal proceeding.
d. This subsection does not prohibit the Town, an agent of the Town, or laboratory
conducting a drug test from having access to employee drug test information or using such
information when consulting with legal counsel in connection with actions brought
under or related to this section or when the information is relevant to its defense in a civil or
administrative matter.
e. In accordance with Attorney General Opinion 2013-19, drug test results obtained by the
Town pursuant to this drug -testing program are not subject to inspection or copying
pursuant to a request under Chapter 119, Florida Statutes, Florida's Public Records
Law.
IX. Drug Testing Standards for Laboratories
The Town will follow the Drug -Testing Standards for Laboratories as outlined in Chapter
440. Also see the drug -testing standards included in Chapter 59A-24 of the Florida
Administrative Code, which will be provided upon request. X.
Investigation of Cause for Reasonable Suspicion Testing
a. When the Town Manager or designee is notified or suspects an employee may be in
violation of the Town's Comprehensive Alcohol and Drug Abuse Policy the Town
Manager must observe the behavior of the individual and immediately document the events.
The Town Clerk, Police Chief, or designee may be contacted to be a witness. Both the Town
Manager and other witness should be involved in all steps of the process and both are
expected to fully document the events immediately and maintain confidentiality at all
times.
b. Both the Town Manager and the witness must observe the behavior of the individual and
complete separate documentation.
c. After completing the required documentation, if the Town Manager and witness believe the
individual may be in violation of the policy, the supervisor and witness must remove the
employee from their current assignment.
d. The Town Manager and witness shall provide the written directive regarding testing to the
employee, and immediate placement on paid administrative leave pending the results of the
test, in an area where a conversation with the individual can be held in private.
e. Once the directive is acknowledged by the employee, the Town Manager and witness shall
proceed with testing in the same manner as they would for any post -accident drug/alcohol
screening procedure. Call the site in advance and provide them all necessary information
citing test is for reasonable suspicion of illegal drugs and/or alcohol.
f. In the case of refusal by the employee, have the employee acknowledge the
consequence of their refusal in writing. Refusal to submit to testing and/or failure to
comply with the directive may result in disciplinary action up to and including termination.
g. The Town Manager or witness shall drive the person to the testing facility. The Town
Manager or witness shall call a friend/family member or arrange for a cab service to bring
the employee home from the testing site. Do not let the employee drive themselves home if
there is reasonable suspicion they are in violation of the policy.
h. If the test is negative, there shall be no loss of pay or benefits. Where appropriate a doctor's
signed release may be required by the Town before the employee is returned to work. Time
lost due to actual illness will be charged to sick leave. If the behavior that led to the
initial investigation is not due to prohibited drugs and/or alcohol, but continues to hinder
job performance, the Town may require the employee to undergo further medical evaluation.
i. If the test is positive, discipline may be recommended by the department director, up to and
including termination. In cases where immediate termination is not warranted, the employee
will be placed on leave status and/or required to undergo designated rehabilitation as
detailed in section XII, Disciplinary Action.
j. Employees will be subject to discipline, up to and including termination, for refusing to
cooperate with testing, searches, or investigations.
XI. After Accident Testing
Whenever an employee is involved in an auto accident, as defined by Florida Statues, on-the-job,
or for all on-the-job injuries/illness resulting in the filing of a Notice of Injury under
Workers' Compensation, the Town Manager shall provide the written directive regarding
testing to the employee. Refusal to timely submit to a post -accident drug screen may result in
denial of benefits under Workers' Compensation.
XII. Disciplinary Action:
a. If an employee in a mandatory -testing position enters an employee assistance
program or drug rehabilitation program, the Town may assign the employee to a
position other than a mandatory -testing position or, if such position is not available,
place the employee on leave while the employee is participating in the program.
However, the employee shall be permitted to use any accumulated annual leave
credits before leave may be ordered without pay.
b. An employee in a special -risk position may be discharged or disciplined by the
Town for the first positive confirmed test result if the drug confirmed is an illicit
drug under §893.03, Florida Statue. A special -risk employee who is participating in
an employee assistance program or drug rehabilitation program may not be
allowed to continue to work in any special -risk or mandatory -testing position of the
Town, but may be assigned to a position other than a mandatory -testing position or
placed on leave while the employee is participating in the program. However, the
employee shall be permitted to use any accumulated annual leave credits before
leave without pay.
C. Employees who are not immediately terminated for testing positive or some other
violation of this policy may be placed on probation and required to undergo designated
rehabilitation or other activities designated by the Town's Employee Assistance
Program (EAP) in conjunction with management; to undergo periodic unannounced
screening for a set period, and be subject to termination for any future violation of the
policy. The employee shall be permitted to use any accumulated leave before leave
may be ordered without pay.
d. Employees who test positive, admit to drug or alcohol use or related misconduct,
or voluntarily seek assistance, and are not terminated, will not be returned to work or
continue working until they have been evaluated by the Town's EAP in conjunction
with management to determine if they can safely return to work.
XIII. Denial of Benefits
The Town shall deny an employee medical or indemnity benefits under Chapter 440, Workers'
Compensation, for a violation of the Drug -Free workplace program implemented by the Town.
XIV. Voluntary Admission:
An employee who voluntarily informs the Town Manager or his/her supervisor of a drug or
alcohol problem, may, at the Town's discretion, be granted an unpaid leave of absence, or
may be allowed to use any other accrued leave for the purpose of receiving rehabilitation and
treatment. Such employee must cooperate fully with the treatment process and will not be
permitted to return to work until appropriate transitional planning has been approved by the
Director of Human Resources and the employee's Department Director.
TOWN OF GULF STREAM ALCOHOL AND
DRUG ABUSE POLICY
Consent Agreement
I understand that, if employed by the Town of Gulf Stream, I must abide by the terms of the Town's
Comprehensive Alcohol & Drug Abuse Policy, and acknowledge that I have received same and that I may be
required to submit to testing for the presence of illegal drugs and/or alcohol. I understand that submission to such
testing is a condition of employment with the Town of Gulf Stream, and disciplinary action, up to and including
dismissal may result if I fail to meet the terms of said policy.
Drug screening will be conducted by the Town of Gulf Stream's designee. I further consent to the release of the
results to the Town of Gulf Stream.
I understand that the results of the drug testing, if confirmed positive, will remove me from consideration of
employment as outlined in the Town's Comprehensive Alcohol & Drug Abuse Policy (Administrative Policy 1-
17-3). 1 also understand that if I refuse to consent, I will be removed from further consideration and/or eligibility
for employment.
The name, address and telephone number of the Town's Employee Assistance Program (EAP) through which
substance abuse assessment and counseling services are available within the Town's existing employee benefit
program is:
The Center for Family Services
24/7 Support, Resources & Information
Call: (561) 616-1222 or Online: https://www.etrfam.org (Client Code: EAPTOWNGUL)
To comply with FSS 440.102(3)(a)(7), the Town is also providing you with a representative sampling of names,
addresses and telephone numbers of EAP and local drug rehabilitation programs. There is no agreement in place
to provide EAP services to Town employees with these providers.
Gulf Stream Institute Family Health Counseling
314 10th Street 2677 Forest Hill Blvd.
West Palm Beach, FL 33401 West Palm Beach, FL 34461
Phone: (561) 833-7553 Phone: (561) 433-0123
Signature
Print Name
Witness
Date
Print Name