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25-008 1 ORDINANCE NO. 25-008 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 REPEALING CHAPTER 2, ARTICLE I, SECTION 2-19 OF THE CITY CODE 4 OF ORDINANCES ENTITLED "DRUG FREE WORK PLACE;" RENAMING 5 ARTICLE X TO BE ENTITLED "EMPLOYEE HANDBOOK," RENAMING 6 AND AMENDING SECTION 2-151 ENTITLED "PERSONNEL POLICY 7 MANUAL ADOPTED BY REFERENCE" TO RENAME THE SECTION 8 "EMPLOYEE HANDBOOK AND DRUG FREE WORKPLACE ADOPTED 9 BY REFERENCE;" PROVIDING FOR CONFLICTS; SEVERABILITY; 10 CODIFICATION;AND AN EFFECTIVE DATE. 11 12 WHEREAS, Section 2-19 of the City Code established drug free workplace policies and 13 procedures; and 14 WHEREAS, the currently codified drug free workplace policy no longer complies with 15 current Florida law and Florida Administrative Code requirements; and 16 WHEREAS, the City Manager is in the process of updating the Employee Handbook, 17 which is incorporated as amended into the City Code pursuant to Section 2-151, that includes 18 a comprehensive drug free workplace policy designed to maintain a work environment free 19 from the influence of illegal drugs and alcohol abuse; and 20 WHEREAS, the City Commission adopted Ordinance No. 23-008 in 2023, officially 21 renaming the Personnel Policy Manual as the Employee Handbook, and updating same, though 22 this Ordinance was not subsequently codified; and 23 WHEREAS, the City seeks to ensure ongoing compliance with Florida law by 24 transitioning workplace employment policies based on state law requirements from fixed 25 codified ordinances to more adaptable administrative policies and procedures; and 26 WHEREAS, this Ordinance serves to repeal outdated code provisions, formally adopt 27 the policies by reference, and rectify the previous codification oversight; and 28 WHEREAS, the City Commission finds the revisions described herein to be in the best 29 interest of the citizens and residents of the City of Boynton Beach. 30 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 33 BOYNTON BEACH, FLORIDA, THAT: 34 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 35 being true and correct and are hereby incorporated herein and made a part hereof. 36 Section 2. The City Commission of the City of Boynton Beach hereby repeals 37 Chapter 2, Article I, Section 2-19, entitled "Drug Free Work Place" of the City's Code of 38 Ordinances in its entirety. 39 Section 3. Chapter 2, Article X, Section 2-151 of the City Code of Ordinances is 40 hereby amended as follows: 41 Article X. Personnel Policy Manual Employee Handbook and Drug Free Workplace 42 Sec. 2-151. Personnel Policy Manual Employee Handbook and Drug Free Workplace Policies 43 adopted by reference. 44 The City Commission of the City of Boynton Beach, Florida, hereby formally adopts the 45 Personnel Policy Manual, and all subsequent amendments thereto, which document is 46 designated as Exhibit "A" of Ordinance No. 98 06, which is incorporated herein as if set out in 47 its entirety Employee Handbook and Drug Free Workplace Policy, as may be amended by the 48 City Manager from time to time, copies of which shall be maintained in the Human Resources 49 Department. 50 Section 4. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions 51 in conflict herewith be, and the same are hereby repealed to the extent of such conflict. 52 Section 5. If any clause, section, or other part or application of this Ordinance shall 53 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 54 unconstitutional or invalid part or application shall be considered as eliminated and so not affect 55 the validity of the remaining portions or applications remaining in full force and effect. 56 Section 6. It is the intention of the City Commission of the City of Boynton Beach, 57 and it is hereby ordained that the provisions of this Ordinance shall become and be made a 58 part of the Code and Ordinances of the City of Boynton Beach, Florida and that Sections of this 59 Ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to 60 "Section," "Article," or such other word or phrase in order to accomplish such intention. 61 Section 7. This Ordinance shall become effective immediately upon passage. 62 '^ 63 FIRST READING this Ue day of , 2025. 64 SECOND, FINAL READING AND PASSAGE this OClay of /0 , 2025. 65 66 CITY OF BOYNTON BEACH, FLORIDA 67 YES NO 68 69 Mayor- Rebecca Shelton ✓ 70 71 Vice Mayor-Woodrow L. Hay 72 73 Commissioner-Angela Cruz 74 •/ 75 Commissioner-Thomas Turkin 76 77 Commissioner-Aimee Kelley 78 79 VOTE 5 _0 80 81 82 83 Ar .ST: 81 I., OA .. 86 Mayl:e i 7.1e-sus, MP A, MMC Rebecca Shelton 87 City I- Mayor 88 •BDYNr0`�t 89 � . �pRPORy� APPROVED AS TO FORM: 90 (Corporate S'ai SE F . ; r 91 I • 192 L_ OR 2 M�93 '4 •••• �92 �' ' • � Arna .•' Shawna G. Lamb 94 ‘`‘,1'46 � RIDA City Attorney 95 96