3609 ORDINANCE NO. 3609
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING ORDINANCE
NO. 3324 OF THE CITY'8 PERSONNEL RULES AND REGULATIONS AND
ADOPTING SECTION 21.0 TOBACCO ABSTENTION FOR POLICE AND FIRE
APPLICANTS/NEW HIRES; PROVIDING FOR 8EVERABILITY, CONFLICTS, AND
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Sanford, Florida, deems it necessary to
adopt Section 21.0 'q'obacco Abstention for Police and Fire Applicants/New Hires" of the Personnel
Rules and Regulations.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD,
FLORIDA:
SECTION 1: The Commission adopts statements above as if fully set forth herein.
SECTION 2: That Section 21.0 of the Personnel Rules and Regulations which is attached
as Exhibit "A" is incorporated herein by reference are hereby adopted.
SECTION 3: If any section or portion of a Section of this Ordinance proves to be invalid,
unlawful or unconstitutional, it shall not be I~eld to impair the validity, force or effect of any other
section or part of this Ordinance.
SECTION 4: That all ordinances or parts of ordinances in conflict herewith be and the same
are hereby revoked.
SECTION 5: That this ordinance shall become effective February 1, 2001.
Day of ~Z-4'~
A.D. 2001.
ATTEST:
As the City Commission of
the City of Sanford, Flodda
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford,
Florida, do hereby certify that a true and correct copy of the
foregoing Ordinance No. 3609, PASSED and ADOPTED by the City
Commission of the City of Sa~ford, Florida, on the 22nd day of
January, 2001, was POSTED at the front door of the City Hall in the
City of Sanford, Florida, on the 23rd day of January, 2001.
City of Sanford, Florida
Ordinance No. 3609 Page 2
CITY OF SANFORD
PERSONNEL RULES & REGULATIONS
EXHIBIT "A"
SECTION 21.0
21.1 GENERAL
The medical experts and authorities have determined that the use of tobacco and
tobacco products is hazardous to an individual's health and causes or exacerbates
various health conditions, including, but not limited to, diseases of the heart and the
lungs.
Certain Florida statutes have created presumptions that various health conditions
suffered by municipal police officere and firefighters, including diseases relating to
the heart and lungs, were incurred in the line of duty. Health conditions, including,
but not limited to, diseases of the heart and the lungs, incurred by police officere and
firefighters expose the City and its taxpayers to substantial direct and indirect
liabilities, including increased disability and pension payments, greater insurance
premiums, and loss of employee productivity and efficiency.
It is in the best interest of the City's police officers and firefighters and its citizens
and taxpayers that the City's police officers and firefighters refrain from using
tobacco and tobacco products, thereby reducing their risk of incurring the aforesaid
health conditions.
I. Any applicant for a police officer or firefighter position shall be a non-user of
tobacco or tobacco products for at least twelve (12) months immediately
preceding his/her application for employment. If hired, each such individual
must remain a non-user of tobacco and tobacco products as a condition of
continuing employment with the City of Sanford.
II
2. An applicant for a police officer or firefighter position must execute an affidavit
acknowledging:
A. His/her compliance with the requirements of paragraph 1 above, and
B. The City's fight to conduct any form of medical examination or test to
determine whether he/she is in compliance with this policy.
AFFIDAVIT OF COMPLIANCE WITH CITY OF SANFORD'S
TOBACCO ABSTENTION POLICY POLICE AND FIRE APPLICANTSINEW HIRES
I, do hereby
affirm, as follows:
1. I have been informed of the City of Sanford's Tobacco Abstention Policy.
2. I have not been a user of tobacco product for at least one (1) year
immediately preceding my application for employment as a (Police Officer
or Firefighter), If am hired, 1 agree that:
A. I must abstain from the use of tobacco and tobacco products as a
condition of continued employment, and
B. The City has a right to conduct any form of medical examination or
test to determine whether I am in compliance with its Tobacco
Abstention Policy.
Under the penalty of perjury, I declare that I have read the foregoing Affidavit and that the
facts stated therein are true.
DATED and SIGNED this day of ,200
(Signature of Applicant)
STATE OF FLORIDA
COUNTY OF I /
The foregoing instrument was executed before me this day of
200 by who is personally known by
me (or who has produced as identification) and
who did/did not take an oath.
Notary Public (Type Or Pdnt Name of Notary)