Policy Manual

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    Policy No.: Resolution 16-112 Effective: 09/06/2016
    Revision No.: Review Date: xx/xx/xx
    Advisory Boards and Committees Guidelines

    OVERVIEW:   It shall be the policy of the Board of County Commissioners of Alachua County, Florida, that these Guidelines shall provide direction for the creation of new advisory boards and committees, the membership of advisory boards and committees, and the conduct of advisory boards and committees.  It is the intent of the Board of County Commissioners that these Guidelines completely supersede any previous policies or guidelines concerning advisory boards and committees. 
    PROVISIONS:
    Except as provided in the authorizing ordinances or resolutions of specific advisory boards and committees, these Guidelines should provide direction for advisory boards and committees.
    "Advisory boards or committees" are those bodies created by the Board of County Commissioners, whether entitled "board," "committee," "commission," "council," or the like, which are established by and have authority only to advise the Board of County Commissioners rather than to establish policies or make decisions for the Board of County Commissioners.
    I.                   Creation of Advisory Boards and Committees.
    Advisory boards and committees should be created by resolution of the Board of County Commissioners.  Resolutions creating advisory boards and committees should include, at a minimum:
    (a)               Legislative findings.
    (b)               Express creation of the advisory board or committee.
    (c)                Purpose and duties of the advisory board or committee.
    (d)              Designation as “standing” (continuing until dissolved) or “special” (continuing until a specified sunset date).
    (e)               Membership qualifications.
    (f)                Staggered terms for initial appointment (especially for standing advisory boards and committees).
    (g)               Provisions for operations of the advisory board or committee.
     
    II.                Membership on Advisory Boards and Committees.
     
    (1)               Appointments.  The Board of County Commissioners will appoint the members of advisory boards and committees.  Appointments will be made from applications of qualified potential members during a regular Board of County Commissioners meeting.
     
    (2)               Regular Members.  Advisory boards and committees should have an odd number of regular members.
     
    (3)               Alternate Members.  All advisory boards and committees should have at least one alternate member.  Attendance requirement detailed below applies to alternate members, as well as regular members.  An alternate member shall serve in place of an absent regular member, and shall have all rights and responsibilities of the absent regular member, including the right to vote.
     
    (4)               Attendance.  Advisory board and committee members should regularly attend all meetings of their respective advisory boards and committees.  Any regular or alternate member whose attendance is less than 50% of the last 6 consecutive meetings shall automatically be removed from the advisory board or committee.  Staff liaisons shall notify members by US mail, by email or through attendance reports when they are approaching removal due to lack of attendance.
     
    (5)               Quorum.  A quorum for an advisory board or committee is the number of members which constitute the majority of all regular positions which are currently filled.  Alternate members may make up a quorum.  When less than a quorum is present at a meeting, the advisory board or committee may meet in a workshop setting, during which no vote may be taken.  These workshops must be open to the public and minutes must be taken.
     
    (6)               Hold-overs.  Advisory board and committee members may continue to serve following the expirations of their terms until the Board of County Commissioners fills the position which would be vacated.
     
    (7)               Removals.  Advisory board and committee members serve at the pleasure of the Board of County Commissioners.  Any board or committee member may be removed for good cause by the Board of County Commission after consideration of the issue at a Board meeting.

     
    III.             Conduct of Advisory Boards and Committees.
    (1)               Governing Rules.  Except as may be provided by these Rules or by law, questions of order, the methods of organization and the conduct of business of the advisory boards and committees shall be governed by The Standard Code of Parliamentary Procedure (formerly known as Sturgis Standard Code of Parliamentary Procedure) in all cases for which they are applicable
     
    (2)               Open to the Public.
     
    a.                  Meetings Open to Public.  All meetings of advisory boards and committees shall be open to the public in accordance with the Florida Government in the Sunshine Law, Section 286.011, Florida Statutes (Fla. Stat.).  Advisory board and committee members should consult their staff liaisons with any questions regarding open meetings or to request a presentation on the Florida Sunshine Law.
    b.                  Signs, Placards, Banners.  For public safety purposes, no signs or placards mounted on sticks, posts, poles or similar structures shall be allowed in advisory board and committee meeting rooms.  Other signs, placards, banners or other similar items shall not disrupt meetings or interfere with others’ visual rights.
    c.                   Persons with Disabilities.  All persons with disabilities shall be provided with the assistance necessary to enable them to effectively participate in advisory boards and committee meetings, consistent with Section 286.26, Fla. Stat.
     
    (3)               Public Comment.  Members of the public shall be given a reasonable opportunity to be heard on a proposition before advisory boards and committees.  The opportunity to be heard need not occur at the same meeting at which an advisory board or committee takes official action on the proposition if the opportunity occurs at a meeting that is during the decision making process and is within reasonable proximity in time before the meeting at which the advisory board or committee takes the official action.[1]
     
    (4)               Voting Conflicts. 
     
    No member of an advisory board or committee shall vote on a matter when the member has a voting conflict of interest as specified in Section 112.3143 or Section 286.012, Fla. Stat.  Prior to participating in a discussion, members abstaining from voting due to a voting conflict shall publically announce the conflict, shall disclose the nature of their conflict, and file a written memorandum (Ethic’s Commission Form 8A or 8B) to the staff liaison. 
     
    If a member recognizes that a voting conflict exists during the course of a discussion, the member shall immediately publically announce the conflict, disclose the nature of the conflict and abstain from voting.  Within 15 calendar days following that advisory board or committee meeting, the member shall file a written memorandum (Ethic’s Commission Form 8A and 8B) with the staff liaison. 
     
    The written memorandum shall be incorporated into the meeting minutes as an exhibit.  Advisory board and committee members who believe that they may have a voting conflict should consult their board or committee’s staff liaison before the meeting at which members will be asked to vote on an item upon which they may have a conflict.
     
    (5)               Work Plans and Reports of Accomplishments.  Advisory boards and committees shall prepare and update work plans and reports of accomplishments annually.  Work plans and reports of accomplishments should be on-file with staff liaisons by October 1 of each year.  Staff liaisons shall submit advisory board and committee work plans and reports of accomplishments to the Board of County Commissioners.  Advisory board and committee chairpersons are encouraged to present the work plans and reports of accomplishments to the Board of County Commissioners at a Board meeting.  The Board of County Commissioners encourages and welcomes issues of the advisory board and committees’ own initiative to be brought to the attention of the Board of County Commissioners.
     
    (6)               Public Records.  The public has the right to access public records.  Public records are:
     
    “all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.” Sec. 119.011(12), Fla. Stat.
     
    Most records created by or provided to advisory boards and committees, or their members in their capacity as members, are public records which must be made available to a person requesting them.  There are many exceptions for records or for certain information contained in those records.  Advisory board and committee members should consult their staff liaisons with any questions regarding public records or to request a presentation on the Florida Public Records Law.
     
    (7)               Coordination with Other Governments.  Advisory boards and committees should, when appropriate, coordinate with other local governments and boards or committees created by other local governments.  To protect the public’s right to participate in open meetings, this coordination shall be effected through the respective staff liaison or the advisory board or committee chairperson (or designee).
     
    (8)               Prohibited Remote Voting by a Member.  A member may participate in a discussion but no member shall cast a vote via telephone or video/audio appearance. 
     
    IV.             Staff Liaisons.  A staff liaison is a county staff member whose duty is to help to administer the meetings of the advisory boards or committees and to serve as a link between the advisory board, the County Manager, the County Attorney and the Board of County Commissioners.  The staff liaison’s tasks are:
    (1)               Publicly noticing the advisory board or committee meeting and reserving the meeting room.
    (2)               Reminding members of an up-coming meeting.
    (3)               Ensuring that all persons with disabilities are provided with the assistance necessary to enable them to effectively participate in the meetings.
    (4)               Preparing the agenda and agenda backup materials, and providing copies of the materials to members.
    (5)               Introducing new members to the board or committee and informing new members of the rules and process which governs the board or committee.
    (6)               Ensuring that minutes of the meetings are kept.
    (7)               Keeping attendance records of the meetings.
    (8)               Maintaining public records of the board or committee.
    (9)               Providing the work plans and reports of accomplishments to the Board of County Commissioners annually.
    Staff liaisons may perform a task not listed above if requested by an advisory board or committee if the task takes the staff liaison 30 minutes or less to perform.  If the task takes more than 30 minutes, the staff liaison may perform the task if the staff liaison’s department director preauthorizes the work.
    V.                Construction of These Guidelines.
    These Guidelines provide direction only.  No action taken inconsistent with these Guidelines shall be invalid solely because it was taken inconsistent with these Guidelines.


    [1] Consistent with Section 286.0114, Fla. Stat. (2015).
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Drug Testing

Policy No.: 6-6 Effective: 05/08/12
Revision No.: 2 Review Date: 05/08/13

OVERVIEW: This policy outlines procedures that support the Board’s Drug-Free Workplace policy.

SCOPE: This policy applies to all employees of the Board of County Commissioners.

PROVISIONS:

  1. Reasons for Testing. The County will require drug testing for the following reasons:
    1. Pre-employment. Any individual offered a position within Alachua County shall be required to take a drug urinalysis test after the initial offer but prior to the final offer for the position offer being extended.
      1. Any individual whose confirmed test results indicate present drug abuse will not be hired, and may not re-apply for 180 days.
    2. Position Change. Any current employee, who is offered a position shall be required to take a drug urinalysis test prior to the final offer for the new position being extended.
      1. Any employee whose confirmed test results indicate present drug abuse will not be hired into the new position, is subject to all other provisions of this policy, and may not apply for any other positions for 180 days.
    3. Scheduled physical examination. Any employee who undergoes a scheduled physical examination shall also be tested for drug and/or alcohol use as part of that examination.
    4. Reasonable suspicion. This type of testing is based on a belief that an employee is using or has used drugs and/or alcohol in violation of this policy, drawn from specific objective and articulable facts, and reasonable references drawn from those facts in light of experience.
      1. An employee who believes that a suspect employee may be in violation of this policy will document the suspect behavior using the Observed Behavior Form (Appendix C) and will request that another, non-subordinate employee confirm the observation using the same form. If the observation is confirmed, the employee who initially observed the suspect behavior will submit the form to the suspect employee’s supervisor.
      2. The supervisor will ask the suspect employee for an explanation of the behavior and document the explanation on the form. If there is no reasonable explanation, the supervisor will inform the department director , or his/her designee, who in turn, will contact the Human Resources Manager to request testing.
      3. If any of these officials is not reasonably available, the observer(s) should document the observed facts and contact the HR Office. Department directors will develop an internal procedure, including naming designees to faciliate documenting the observed facts and transmitting the request for testing through channels promptly, from normal worksites and field locations.
      4. Only the Human Resources Manager or designee shall authorize approval for such testing.
      5. Facts and inferences may be based upon:
a. Observable documented phenomena while at work, such as direct observation of drug or alcohol use or of the physical symptoms or manifestations of being under the influence of a drug or alcohol.
b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance.
c. A report of drug or alcohol use, provided by a reliable and credible source.
d. Evidence that an individual has tampered with a drug or alcohol test during the employee’s employment with the County.
e. Information that an employee has caused, contributed to, or been involved in an accident while at work.
f. Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on County premises or while operating County vehicles, machinery or equipment.

  1. Testing on Reasonable Suspicion. If testing is conducted based on reasonable suspicion, the County will immediately document the circumstances that formed the basis of determination to warrant the testing.
    1. The original documentation shall be kept confidential by the County pursuant to this policy and shall be retained for at least one year.
    2. A copy of this documentation shall be given to the employee upon written request.

  2. Follow-up. If an employee, in the course of employment, has a confirmed positive drug or alcohol test and subsequently accesses the Employee Assistance Program (EAP) for drug-related and/or alcohol-related problems or enters an alcohol and drug rehabilitation program, the County will require the employee to submit to a drug and/or alcohol test upon completion of such a program as follow-up to such program, and on a quarterly basis, for two years thereafter.
    1. If an employee has a confirmed positive drug and/or alcohol test result, and does not access the County's EAP or any other alcohol and/or drug rehabilitation program, the two-year follow-up drug/alcohol testing program will begin on the date of the employee's evaluation by a Substance Abuse Professional (SAP).

  3. Safety-Sensitive Transportation Employees. All employees required to hold a Commercial Driver's License (CDL) as a condition of employment will be tested for drugs and/or alcohol in accordance with the Omnibus Transportation Employee Testing Act of 1991 as follows:
    1. Pre-employment. Final candidates or employees who transfer to a safety sensitive position will be tested for both alcohol and drugs before they perform safety sensitive functions for the first time.
    2. Post-accident. Any employee involved in or contributing to an accident will be tested for alcohol and drugs following the accident.
    3. Reasonable Suspicion. This type of testing is based on a belief that an employee is using or has used drugs and/or alcohol in violation of this policy, drawn from specific objective and articulable facts, and reasonable references drawn from those facts in light of experience.
      1. Only the Human Resources Director or designee shall authorize approval for such testing.
    4. Random. Employees will be tested for alcohol and drugs on a random unannounced basis just before, during or just after performance of safety sensitive functions.
      1. Not less than 25% of the total number of safety sensitive employees will be tested for alcohol and 50% for drugs each calendar year, or in accordance with percentages as established by Federal law.
      2. Human Resources will develop a program of random testing.
    5. Removal from Duty.
      1. A confirmed blood alcohol level of 0.02g%, but less than 0.04g% will require that the employee be removed from performing all safety-sensitive functions for a minimum of eight hours, or until a re-test shows the employee's blood alcohol content has dropped below 0.02g%.
      2. If an employee has a confirmed blood alcohol level of 0.04g% or greater, the employee may not return to a safety-sensitive function until, at a minimum:
        1. The employee undergoes an evaluation, and where necessary, treatment; and
        2. A Substance Abuse Professional (SAP) determines that the employee has successfully complied with any recommended treatment; and
        3. The employee's blood alcohol content is less than 0.02g% on a return-to-duty test.
    6. Follow-up. If an employee, in the course of employment, has a confirmed positive drug or alcohol test and subsequently accesses the Employee Assistance Program (EAP) for drug-related and/or alcohol-related problems or enters an alcohol and drug rehabilitation program, the County will require the employee to submit to a drug and/or alcohol test upon completion of such a program as follow-up to such program, and on a quarterly basis, for two years thereafter.
      1. If an employee has a confirmed positive drug and/or alcohol test result, and does not access the County's EAP or any other alcohol and/or drug rehabilitation program, the two-year follow-up drug/alcohol testing program will begin on the date of the employee's evaluation by a Substance Abuse Professional (SAP). At least six tests will be conducted in the first 12 months after an employee returns to duty.

  4. All Employees Including Those Using County Vehicles or Machinery. All employees, including those who as a routine and necessary part of carrying out their assigned duties are assigned a County-owned vehicle for their use; or use a rental vehicle or personally owned vehicle; or are required to use a County-owned vehicle or to operate County-owned machinery may be tested for drugs and/or alcohol as follows:
    1. Post-accident. Any employee involved in or contributing to an accident when anyone requires professional medical attention as a reslt of that accident, or any employee operating a motor vehicle or motorized equipment who has an accident resulting in proerty damage, will be tested for alcohol and drugs immediately following the accident. An employee is not considered to be "involved" in an accident unless the employee actually affects the situation by his or her action or failure to act reasonably as reqired by the situtuation.
b. Follow-up.If an employee has a confirmed positive drug and/or alcohol test result, and does not access the County's EAP or any other alcohol and/or drug rehabilitation program, the two-year follow-up drug/alcohol testing program will begin on the date of the employee's evaluation by a Substance Abuse Professional (SAP). At least six tests will be conducted in the first 12 months after an employee returns to duty.

  1. Drug Testing Procedures. All specimen collection and testing for drugs shall be conducted in accordance with Sections 440.102(5), (6), and (7), Florida Statutes.
    1. The County may test for any or all of the following:
      1. Alcohol
      2. Amphetamines
      3. Cannabinoids
      4. Cocaine
      5. Phencyclidine
      6. Methaqualone
      7. Opiates
      8. Barbiturates
      9. Benzodiazepines
      10. Methadone
      11. Propoxyphene
    2. Initial Test.
      1. Narcotics. The initial test for all drugs shall use an immunoassay.
      2. Alcohol. The initial test for alcohol shall be an enzyme oxidation methodology.
      3. When first screening specimens, all levels equal to or exceeding the following shall be reported as positive:
        1. Alcohol (CDL holders only) -- 0.02g% (by breath alcohol testing)
        2. Alcohol (all other employees) -- 0.05g% (by blood)
        3. Amphetamines -- 1000 ng/ml
        4. Cannabinoids -- 50 ng/ml
        1. Cocaine -- 300 ng/ml
        2. Phencyclidine -- 25 ng/ml
        3. Methaqualone -- 300 ng/ml
        4. Opiates -- 2,000 ng/ml
        5. Barbiturates -- 300 ng/ml
        6. Benzodiazepines -- 300 ng/ml
        7. Methadone -- 300 ng/ml
        8. Propoxyphene -- 300 ng/ml
      1. These levels will remain in effect until such time as Federal Legislation or State Statute revises them.
        1. All new levels will become effective on the date specified within the related legislation.
    1. Confirmation Test. All specimens identified as positive on the initial tests shall be confirmed using a second test.
      1. Narcotics. A gas chromatography/mass spectrometry (GC/MS) test, or an equivalent or more accurate scientifically accepted method approved by the State or Federal government will be used for the confirmation test.
      2. Alcohol. The confirmation test for alcohol will be gas chromatography.
      3. All confirmations shall be done by quantitative analysis.
      4. When confirming initial results, all levels equal to or exceeding the following shall be reported as positive:
        1. Alcohol (CDL holders only) -- 0.02g% (by breath alcohol testing)
        2. Alcohol (all other testing) -- 0.05g% (by blood)
        3. Amphetamines -- 500 ng/ml
        4. Cannabinoids -- 15 ng/ml
        5. Cocaine -- 150 ng/ml
        6. Phencyclidine -- 25 ng/ml
        7. Methaqualone -- 150 ng/ml
        8. Codeine - 2,000 ng/mo
        9. Morphine - 2,000 ng/ml
        10. 6-Acetylmorphie - 10 ng
        11. Barbiturates -- 150 ng/ml
        12. Benzodiazepines -- 150 ng/ml
        13. Methadone -- 150 ng/ml
        14. Propoxyphene -- 150 ng/ml
      5. These levels will remain in effect until Federal Legislation or State Statute revises them.
        1. All new levels will become effective on the date specified within the related legislation.
    2. Reporting Test Results. The laboratory shall report test results to a medical review officer (MRO) chosen by the County to act on its behalf.
      1. These results shall be reported within seven working days after receipt of the specimen by the laboratory.
      2. The laboratory shall transmit results to the MRO in a manner designed to ensure confidentiality of the information.
      3. Records Retention. The laboratory, for a minimum of two years, shall retain all records pertaining to a given specimen, unless the County or the employee requests the records to be retained for a longer period of time.
      4. Notification of Results. Within five working days after receipt of a confirmed positive test result from the MRO, the County shall inform the employee in writing of such positive test result, the consequences of such result, and the options available to the employee.
        1. Notification shall be mailed via certified mail or hand-delivered.
        2. Absent extenuating circumstances, mailed notification shall be deemed received by the employee when signed for, or seven calendar days after delivery, whichever occurs first.
        3. A copy of the test results will be provided to the employee with this notification.

  1. Employee Challenges and Option to Retest. An employee may make a legal challenge pursuant to Statute.
    1. Within five working days after receiving notice of a confirmed positive test result from the County, the employee may submit information to the Human Resources Office explaining or contesting the test results and why the results do not constitute a violation of this program.
    2. When an employee initiates the appeal process, it shall be the employee’s responsibility to notify the Human Resources Director and the laboratory in writing that such an appeal has been filed, reference the chain of custody specimen identification number, and request that the laboratory retain the sample until final disposition of the appeal.
    3. The employee will be notified in writing if the explanation or challenge is unsatisfactory to the County.
      1. This notice will be hand-delivered or delivered via certified mail within 15 days of receipt of the employee’s explanation or challenge and will state why the employee’s explanation is unsatisfactory.
    4. All such documentation will be kept confidential and will be retained for at least one year.
    5. Retest. During the 180-day period following the employee’s receipt of a positive test result, the employee may request that a portion of the original specimen be retested, at the employee’s expense.
      1. The retesting must be done at a State licensed or National Institute of Drug Abuse (NIDA) approved laboratory other than the original testing facility, and must be tested at equal or greater sensitivity for the drug in question as the first.
    6. The employee may also appeal employment decisions made pursuant to this program in accordance with the Disciplinary Policy