§ 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 (1) 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 (2) or more DUI or DWI convictions shall not be considered for driving positions.

(Ord. No. 2001-08, § 1, 6-19-01)