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SECTION 2-227 DUI, DWI AND MOVING TRAFFIC VIOLATIONS

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Secs. 2-227.01 Purpose

The safety and health of all City employees, residents, and the public in general is of utmost importance to the City. Such concerns include attempting to ensure that employees who drive vehicles on the public roads, streets, and highways as part of their job maintain safe driving records and habits consistent with the City's mission of conducting safe and efficient City business, and to ensure the ability of the City to maintain acceptable insurance protection at reasonable cost. return to top

Secs. 2-227.02 DUI/DWI

(a) An employee charged with a DUI or DWI offense shall be suspended from his driving job pending resolution of the charge or charges. The suspension will be without pay, except the City Manager, at his option, may elect to transfer the employee to a vacant non-driving position which the employee is qualified to perform at the non-driving position rate of pay.

(b) Upon acquittal, the employee shall be reinstated to his driving position or a similar driving position with back pay less any interim earnings received from any source, including from the City, and unemployment compensation. Acquittal is defined as a finding of not guilty after trial or dropping of the charges. Acquittal shall not include a plea of nolo contendere or reduction of charges. Employees who refuse breath, blood, or urine testing in violation of Florida State Statutes regarding implied consent shall be considered as convicted.

(c) Upon first offense conviction, the employee shall be removed from his driving position for not less than twelve (12) months. Upon written request, the employee will be considered for placement in other non-driving vacancies in the City for which he is qualified; however, he shall be given no preferential treatment because he is a City employee. If the employee is not offered a non-driving job within thirty (30) days of his removal from the driving position, he shall be terminated. If the employee is offered and accepts a non-driving position within the thirty (30) day period, the employee's service record will remain unbroken.

(d) An employee placed in a non-driving position or ex-employee terminated pursuant to paragraph (c) above may not reapply for a driving job for twelve (12) months from the date of his removal from the driving job. Thereafter, those employees and ex-employees who reapply for a driving job will be given no preference but if otherwise qualified will be considered along with all other qualified applicants, and their past conviction will be considered along with other job related factors.

(e) Upon conviction of a second DUI or DWI, an employee in a driving position shall be terminated from employment with the City.

(f) Upon conviction of a second DUI or DWI, an employee in a non-driving position as a result of the application from paragraph (c), shall be permanently barred from a driving position within the City.

(g) Employees and applicants for employment who have never held a driving position with the City but who have been convicted of DWI or DUI not more than one time, may be considered for driving positions under the same conditions as employees who have been removed from a driving position because of a DUI or DWI conviction under paragraph (c) above. Employees and applicants who have two or more DUI or DWI convictions shall not be considered for driving positions. return to top

Secs. 2-227.03 Moving Violations

(a) The official Florida State driving record of all employees under F.S. Chapter 322 shall be reviewed by the City from time to time. If, upon such review, an employee's record reveals seven or more points under F.S. Section 322.27 within the past three years as a result of moving violations, the employee shall be removed from his driving position.

(b) Upon written application, the employee will be considered for placement in other non-driving vacancies in the City for which he is qualified; however, he shall be given no preferential treatment because he is a City employee. If the employee is not offered a non-driving job within thirty (30) days of his removal from the driving position, he shall be terminated. If the employee is offered and accepts a non-driving job within thirty (30) days, the employee's service record will remain unbroken.

(c) An employee placed in a non-driving position or an ex-employee terminated pursuant to paragraph (b) above may not reapply for a driving position until periodic reviews of the driving records of all employees have been conducted by the City, and the employee's official Florida State driving record establishes that the employee does not have seven (7) or more points as a result of moving traffic violations in the three (3) year period immediately prior to the City review of employee's record. Thereafter, those employees and ex-employees removed from driving jobs pursuant to paragraph (b) who reapply for a driving job will be given no preference but if otherwise qualified applicants, and their past conviction of moving traffic violations will be considered along with job related factors.

(d) An employee who is removed from a driving position on two different occasions as a result of the application of this section, shall be permanently barred from a driving position with the City.

(e) Employees who have never held a driving position with the City and applicants for employment who have seven (7) or more points for moving violations at the time they apply for driving positions shall not be considered. If such employees and applicants do not have seven (7) or more points at the time of their application, their official Florida State driving record will be considered along with other job related factors.

(f) Employees are obligated to inform the City of drivers license suspension or revocation for any reason. Employees are obligated to maintain a valid Florida drivers license, failure to do so will result in disciplinary action. Employees in driving positions who have suspensions or revocations are considered unqualified for that position and may be reassigned to a non-driving position or terminated if no vacancy exists. return to top


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