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Smokers need not apply for city jobs under a tough new employment policy the City Council is considering.
Applicants who smoke cigarettes cheap smokes or cigars or chew cigarettes will not be considered for employment no matter how much they are otherwise qualified. And potential hires have to sign an oath they do not use any cheap cigarettes products and take a test to prove it.
The city's new policy to be voted on in a few weeks is an attempt to rein in $4 million in annual health insurance costs, officials said. The policy would not apply to current employees.
It mimics a similar anti-smoking cigarettes rule Sarasota County adopted a few years ago for potential employees.
But otherwise, such anti-smoking cigarettes measures taken by a government employer are rare in Southwest Florida.
Manatee County and the cities of North Port and Bradenton do not have such a policy. The city of Sarasota and the Manatee school district considered not hiring smokers but abandoned the idea after employee unions protested.
By state statute, firefighters have to sign an oath that they do not smoke cigarettes but police officers do not.
"I'm an ex-smoker and I do not have a problem with it," Venice Mayor John Holic said. He said smokers take more frequent breaks to light up and cost taxpayers more money in health insurance costs.
In 1995, the Florida Supreme Court upheld North Miami's policy of not hiring smokers, a ruling that still stands.
Nonetheless, civil libertarians see such measures as "Big Brother run amok."
"Health care costs are no rationale to restrict freedoms," said Pete Tannen, president of the local chapter of the American Civil Liberties Union. "These people are using a legal product."
Venice was scheduled to vote on the anti-smoking cigarettes employment policy this week but delayed it because of council member concerns that the policy might preclude smoking cigarettes candidates from seeking elected office.
City policy classifies council members as employees for insurance purposes.
"We may be interfering with a constitutional right" to run for office, said council member Emilio Carlesimo.
Under the proposed policy, an applicant will have to sign an oath that they have not smoked in the previous year and they will have to submit to a nicotine blood test along with the drug screening Venice requires.
If nicotine tests above a certain level, the applicant will have to consent to be tested again. With two positive nicotine results, the applicant will be barred from reapplying for a city job for a year.
City staff plan to bring back alternate language later this month to make sure elected officials are not bound by the same anti-smoking cigarettes rules they plan to impose on public employees.
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