EMPLOYMENT POLICIES

Cape Coral Code of Ordinances ch. 2, art. III, div. 2

in effect

Cape Coral Code of Ordinances § 2-26.1 Equal employment.

§ 2-26.1 - Equal employment. The city is an equal opportunity employer. The city shall assure fair and equal treatment of its employees regardless of race, religion, national origin, color, sex, age, political affiliation, gender identity, gender expression, sexual orientation, or disability. (Ord. 4-17, § 1, 1-23-2017)

Cape Coral Code of Ordinances § 2-26.2 Prohibition of discrimination.

§ 2-26.2 - Prohibition of discrimination. Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, or any other personnel action because of race, religion, national origin, color, sex, age, political affiliation, gender identity, gender expression, sexual orientation, or disability is prohibited. The city manager shall provide for an alternate reporting procedure for sexual harassment complaints. (Ord. 4-17, § 1, 1-23-2017)

Cape Coral Code of Ordinances § 2-26.3 Use of alcohol or unauthorized controlled substances.

§ 2-26.3 - Use of alcohol or unauthorized controlled substances. (a) Prohibition. The use, possession, manufacture, transportation, or sale of unauthorized controlled substances or the use of alcohol by any city employee during working hours or while on city property is prohibited. Employees are further prohibited from being at work while under the influence of alcohol or unauthorized controlled substances. This prohibition shall not be applicable to the consumption of alcohol by city employees who are off-duty and who are attending an authorized function or event at a city facility. A violation of this policy or the city's Drug Free Workplace Policy shall be grounds for disciplinary action up to and including dismissal. (b) Investigation. (1) Right to search. The city reserves the right, upon reasonable suspicion, to carry out reasonable searches of employees and their personal effects, including, but not limited to, lockers, lunch boxes, purses, and private vehicles parked on city property. Such searches may be initiated by the city without prior announcement, provided, however, that all searches shall be conducted in accordance with procedures approved by City Council. (2) Pre-employment drug screening. The city may require an applicant seeking employment with the city to submit to a pre-employment drug screen. Any applicant who tests positive for illegal substances shall not be employed by the city. (3) Reasonable suspicion drug testing. The city may demand that an employee submit to blood, urine or other medical testing to screen for the presence of unauthorized controlled substances or alcohol whenever the city has reasonable suspicion that the employee is under the influence of unauthorized controlled substances or alcohol. For purposes of this subsection, REASONABLE SUSPICION shall mean a belief that an employee is using or has used unauthorized controlled substances or alcohol in violation of the city's policy based on specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Such facts and inferences may include, but not be limited to, the following: a. Observable 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 alcohol or other unauthorized controlled substances; b. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance; c. A report of drug use, provided by a reliable and credible source, which has been independently corroborated; d. Evidence that an individual has tampered with a drug test during his employment with the city; e. Information that an employee has caused, or contributed to, an accident while at work; f. Evidence that an employee has used, possessed, sold, solicited, or transferred alcohol or unauthorized controlled substances while working or while on the city's premises or while operating the city's vehicle, machinery, or equipment. (4) Safety-sensitive drug testing. Persons employed in safety-sensitive positions may be required to submit to one or more drug tests at the discretion of the city. For purposes of this subsection, the term SAFETY-SENSITIVE POSITION means any position, including a supervisory or management position, in which a drug or alcohol impairment would constitute an immediate and direct threat to public health and safety. (5) Disciplinary action. Refusal of any employee to submit to searches or to submit urine or blood samples will result in appropriate disciplinary action, up to and including dismissal. (6) Addiction referral. The city encourages any employee with a substance abuse problem to contact the Human Resources Department for assistance. All records and communications shall be treated as confidential medical information and shall be maintained separately from the employee's personnel file. The refusal of an employee to seek treatment for a substance abuse problem may be cause for disciplinary action, up to and including dismissal.

Cape Coral Code of Ordinances § 2-26.4 Political activities.

§ 2-26.4 - Political activities. (a) As an individual, each employee retains all rights and obligations of citizenship provided in the Constitution and laws of the state and the Constitution and laws of the United States. However, no city employee shall: (1) Take any active part in a political campaign during working hours; (2) Distribute or disseminate campaign literature while wearing a city uniform; or (3) Hold a public or political office, unless: a. The employee is holding a public office unrelated to the city; and b. Such public or political office involves no interest which conflicts with or activity which interferes with his or her city employment. Instances in which a conflict of interest shall be presumed include, but are not limited to, instances in which the public office is a full-time office or where activities of the public office are normally performed during the employee's assigned working hours. (b) Except as specifically provided herein, nothing in this article shall be construed to prohibit any city employee from expressing his or her opinions on any candidate or issue, or from participating in any political campaign during his or her off duty hours.

Cape Coral Code of Ordinances § 2-26.5 Employee organizations.

§ 2-26.5 - Employee organizations. City employees shall have all those rights specified in F.S. Chapter 447 pertaining to public employees. This shall include the right to form and join employee organizations for the purpose of representation concerning matters of employment. However, no city employee or employee organization may engage in any manner in a slowdown, work stoppage, strike or any other interference with the work, functions, or obligations of the city.

Cape Coral Code of Ordinances § 2-26.6 Outside employment.

§ 2-26.6 - Outside employment. Full time employment with the city is considered primary employment. No full time city employee shall have or hold any other employment without the prior written consent of his or her department head. Such consent shall not be unreasonably withheld. Factors which the department head shall consider in determining whether to consent to such outside employment include, but are not limited to, whether there is a conflict of interest or whether there is a conflict with working hours. Employees shall not engage in outside employment activities on city time, nor may city property be used for anything but city business. If the secondary employment subsequently affects the full-time employee's performance or attendance, or if a conflict of interest is subsequently discovered, the department head shall, in writing, revoke his or her prior written consent and order the employee to cease the secondary employment. An employee's failure or refusal to cease secondary employment within a reasonable period after such revocation of consent shall constitute grounds for disciplinary action.

Cape Coral Code of Ordinances § 2-26.7 Public employment oath.

§ 2-26.7 - Public employment oath. (a) As a condition of employment, any person who becomes employed by the city shall execute a public employment oath as required by F.S. § 876.05. Unless the public employment oath required by F.S. § 876.05, as same may hereafter be amended or other Florida law requires that the public employment oath be in another form, the public employment oath required of city employees shall be in the following form: I, ___________, a citizen of the State of Florida and of the United States of America, and being employed by or an officer of the City of Cape Coral and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida. (b) In the event the public employment oath required by F.S. § 876.05, as same may hereafter be amended or other Florida law requires that the public employment oath be in another form, then the public employment oath required by Florida law shall supersede the oath contained herein.

Cape Coral Code of Ordinances § 2-26.8 Employment of relatives.

§ 2-26.8 - Employment of relatives. (a) A city employee shall not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a position in the city over which that person exercises jurisdiction or control, any individual who is a relative of that employee. (b) No city employee shall be employed in a classification which is directly supervised by that employee's relative, except where both employees are state certified law enforcement officers or fire fighters. (c) For purposes of this section, the term RELATIVE shall mean an individual's father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister, grandmother, step-grandmother, grandfather, step-grandfather, grandson, step-grandson, granddaughter, step-granddaughter, spouse's grandmother, spouse's step-grandmother, spouse's grandfather, spouse's step-grandfather, spouse's grandson, spouse's step-grandson, spouse's granddaughter, and spouse's step-granddaughter. (Ord. 80-10, 11-15-2010)

Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH2AD_ARTIIIPERURE_DIV2EMPOFetched: 11/4/2026