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Home My Public Portal About10-06 Drug Free Workplace 1st Reading: February 10, 2010 2"d Reading: March 10, 2010 Public Hearing: March 10, 2010 Adopted: March 10, 2010 Effective Date: March 10, 2010 Sponsored by: Commissioner D. Johnson ORDINANCE NO. 10-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING CHAPTER 2, ARTICLE IV, BY CREATING DIVISION 8 "DRUG FREE WORKPLACE" BY PROVIDING REGULATIONS CREATING A DRUG FREE WORKPLACE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 2, Article IV of the Code of Ordinances of the City of Opa- locka, Florida, provides for the regulation of personnel matters within the City of Opa- locka; and WHEREAS, the City Commission desires to create a "Drug Free Workplace" regulations for City employees. NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. Chapter 2, Article IV, "Personnel," is hereby amended by creating Division 8, "Drug Free Workplace", to read as follows: Division 8 -Drug Free Workplace Sec. 2-298. Intent. It is the intent of the city to maintain a healthy and productive workforce with safe Ordinance No. 10-06 working conditions, free from the effects of drugs. Drug use creates a variety of workplace problems, including increased injury on the job, increased absenteeism, increased financial burden on health and benefits programs, increased workplace theft, decreased employee morale, decreased productivity and a decline in the quality of products and services. By promoting a drug free workplace, through fair and reasonable drug testing methods for the protection of the city and its employees, the city intends to discourage drug abuse. Employees who choose to engage in drug abuse face the risk of unemployment and the forfeiture of benefits, including worker's compensation benefits. Sec. 2-298.1. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1. Chain of custody refers to the methodology of tracking specified materials or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials or substances and providing accountability at each stage in handling, testing, storing specimens and reporting of test results. 2. Drug means alcohol, including distilled spirits, wine, malt beverages, and intoxicating liquors; amphetamines, cannabinoids, cocaine, phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates, benzodiazepines, synthetic narcotics, designer drugs or a metabolite of any of the substances listed in this definition. 3. Drug test means any chemical, biological or physical instrumental analysis 2 Ordinance No. 10-06 administered for the purpose of determining the presence or absence of a drug or its metabolites. 4. Employees shall include all personnel working for the City of Opa-locka, including all classified, unclassified and police personnel, all appointed officers, and members of all Boards, Commissions and Committees. The City Commission members may choose to comply voluntarily with the provisions of this Ordinance. Sec. 2-298.2. Testing. (a) Job applicants of the City shall undergo pre-employment drug testing as a condition of employment, to include testing for any drug described in section 2-298.1. Refusal to submit to testing or a positive confirmed drug test may be used as a basis for refusing to hire. (b) Employees shall undergo drug testing according to the standards set forth in the applicable collective bargaining agreement, if any, for any drug described in section 2-298.1. (c) If an employee voluntarily enters an employee assistance program for drug- related problems or a drug rehabilitation program, the City may require a follow-up drug test, with no advance notice to the employee. (d) The cost of initial and confirmation drug testing required by the City shall be paid by the City. Any additional drug tests not required by the City shall be paid by the job applicant or employee. (e) Drug tests shall be conducted by licensed laboratories, using chain of custody procedures. 3 Ordinance No. 10-06 Sec. 2-298.3. Establishment of rules. The City is permitted to establish reasonable work rules related to the possession, use, sale, trafficking or solicitation of drugs or other drug-related offenses by employees and to take action based upon a violation of the rules. Sec. 2-298.4. Confidentiality. Except as provided in Chapter 112, Florida Statutes, all information received as a result of a drug testing program is confidential and exempt from the provisions of Section 119.07(1), Florida Statutes. Section 3. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. If any portion, section, phrase or clause of this Ordinance is held invalid by a court of competent jurisdiction, such ruling shall not affect the validity of the remainder of this Ordinance. Section 5. CODIFICATION. This Ordinance shall be codified in the Code of Ordinances when the code is recodified. Section 6. EFFECTIVE DATE. This Ordinance shall become effective immediately upon passage by the City Commission. PASSED AND ADOPTED this 10th day of March, 2010. JOSEPH L. KELLEY MAYOR 4 Ordinance No. 10-06 Attest to: Approved as to orm d leg.1 s ncy: 1 �11 'FOR H . RBY JOSE1i •. e LLER, ESQUIRE CITY CLER INT: 'IM CI p Y ATTORNEY Mar 10 2010 DAT Moved by: JOHNSON Second by: HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: YES Mayor Kelley: YES 5 THE MIAMI HERALD I MiamiHerald.com SUNDAY,FEBRUARY 28,2010 I 7ND u a. NOTICE TO THE PUBLIC CITY OF OPA-LOCKA, FLORIDA o 2 m O G a ^ _ NOTICE IS HEREBY GIVEN that at the Regular Commission Meeting on Wednesday,March 10,2010 at 7:00 p.m.in the City Commission Chambers,777 0 Or- Sharazad Boulevard,the City Commission will consider the following ordinances for final adoption: Z O 'i0 SECOND READING ORDINANCES/PUBLIC HEARING: > u n U CO S AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OFOPA-LOCKA,FLORIDA TO AMEND THE CITY COMMISSION AGENDA RULES AND PROCEDURE, o ; SECTION 2-45 TO CREATE A NEW NUMBER 10"REPORT FROM MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT";PROVIDING FOR INCORPORATION ; OF RECITALS;PROVIDING CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY AND CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(first E reading held on February 10,2010).Sponsored by T.H. • W W 0 2 e Z 3 13.- ° AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,APPROVING THE VACATION OF ONE BLOCK OF DUNAD AVENUE > t e FROM BANU STREET TO PERVIZ AVENUE FOR THE EXPANSION OF SHERBONDY PARK;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING 5 ¢ in o g FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE(first reading held on February 10,2010).Sponsored by C.M. E AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,AMENDING CHAPTER 2,ARTICLE IV,BY CREATING DIVISION 8 n 0 "DRUG FREE WORKPLACE"BY PROVIDING REGULATIONS CREATING A DRUG FREE WORKPLACE;PROVIDING FOR INCORPORATION OF RECITALS; to m 0 3 a PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY AND CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(first reading held to v x ,n . on February 10,2010).Sponsored by D.J. m ° w m to g AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,ACCEPTING THE QUOTE FROM TOSHIBA BUSINESS SOLUTIONS m a FOR AN E STUDIO 6530C HIGH SPEED COLOR COPIER FOR THE FINANCE DEPARTMENT FOR A FORTY-EIGHT(48)MONTH LEASE PAYABLE FROM ro Z •• 2 ACCOUNT 17-513440;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE(first reading held on February 10,2010).Sponsored by C.M. E o I- � A Z N m —8 ; AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,ACCEPTING THE QUOTE FROM TOSHIBA BUSINESS SOLUTIONS .E co 0 : FOR AN E-STUDIO 5520C HIGH SPEED COLOR COPIER FOR THE POLICE DEPARTMENT, PATROL AREA FOR A FORTY-EIGHT(48) MONTH LEASE PAYABLE FROM ACCOUNT 19-524440;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE(first reading held on February 10,2010).Sponsored by C.M. Mill a—0 ° AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,ACCEPTING THE QUOTE FROM TOSHIBA BUSINESS SOLUTIONS S FOR AN E-STUDIO 4520C HIGH SPEED COLOR COPIER FOR THE POLICE DEPARTMENT,ADMINISTRATION AREA FOR A FORTY-EIGHT(48)MONTH LEASE O< 34 oeZ N o PAYABLE FROM ACCOUNT 19-524440;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR O s SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE(first reading held on February 10,2010).Sponsored by C.M. N.; ! NN AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,ACCEPTING THE QUOTE FROM TOSHIBA BUSINESS SOLUTIONS FOR AN E-STUDIO 6530C HIGH SPEED COLOR COPIER FOR THE OFFICE OF THE CITY MANAGER FOR A FORTY-EIGHT(48)MONTH LEASE PAYABLE FROM To ACCOUNT 17-513440;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY; t. .r� r• PROVIDING FOR AN EFFECTIVE DATE(first reading held on February 10,2010).Sponsored by C.M. - ld eZ " 8 Additional information and/or copies relating to the above items may be obtained in the Office of the City Clerk,780 Fisherman Street,4th Floor,Opa-locka, .... C E Florida.All interested persons are encouraged to attend this meeting and will be heard with respect to the public hearing. C a 1'' : PURSUANT TO FS 286.0105:Anyone who desires to appeal any by any agency, p any Y ppeal an decision made b an board,a enc,or commission with respect to an matter considered V S at such meeting or hearing will need a record of the proceedings,and for that reason,may need to ensure that a verbatim record of the proceedings is made, ].� ....0 Q 4 which record includes the testimony and evidence upon which the appeal may be based. ls.! = `�/ d DEBORAH S.IRBY,CMC CITY CLERK