03/21/02

Sheriff puffs out smokers

Policy prohibits tobacco usage for new hires

Natalie Garvey applied for a job at the Charlotte County Sheriff's Office but was rejected Wednesday because she is a smoker.

"I'm a good citizen. I don't do drugs. I pay my taxes. I take care of my kids. I wanted to do more to help the community, and now I can't because I smoke," Garvey said.

In response to rising insurance rates, Sheriff William E. Clement instituted a new policy this week requiring all new potential hires to be tobacco-free for at least one year before they are eligible for employment.

"The Charlotte County Sheriff's Office has established the policy that individuals who now use or who have used tobacco products within the last 12 months will not be considered for employment," states the new policy.

Prospective employees must sign an affidavit stating they haven't smoked cigarettes, cigars, pipes or used smokeless tobacco within a year.

All current employees are grandfathered in, said Public Information Officer Sgt. Donna Black. The new policy is applicable to all prospective employees including civilians, deputies and upper-level commanders.

Under the new policy, even Clement couldn't get a job in his own department, since he was seen smoking a cigarette in Laishley Park on July 6 -- less than 12 months ago --when authorities responded to an alleged jumper off the U.S. 41 bridge over Charlotte Harbor.

"I quit. I occasionally would smoke a cigarette," Clement said Wednesday. "I quit totally. It was not a habit. When we ran into this insurance problem, I realized the best thing for me would be to not do it."

Clement said the new policy is in response to skyrocketing insurance premiums.

"Last year's budget premiums went up $900,000," Clement said. "We're trying to encourage a healthier lifestyle."

In addition to smoking, the sheriff said he is also addressing other health issues in the department, including weight.

"We can't talk about that right now because there's a lot of legal issues concerned," Clement said. "We are looking to improve the health of our existing employees and prospective employees. Legally, we're going to be doing everything we can."

The rising insurance rates prompted Clement to stop lighting up an occasional cigarette and to start watching his own weight.

"I need to lose some weight. I have joined a local gym," Clement said. "Health is very important. It's not just dollars and cents. I'm using this as an opportunity to get better in touch with myself. Hopefully, it will be a positive effect on the whole department."

In addition to combating rising insurance rates, the sheriff's new policy is geared to promote a healthier lifestyle while complying with the state's Florida Clean Indoor Air Act. Clement's policy takes the act a step further.

The act prohibits smoking in government buildings -- not in a person's private residence.

"I think it sucks. I've smoked for over 10 years and I'm not going to quit smoking for a job. That's taking my right. It's legal and that's my right," said Garvey, 27. "I know plenty of cops who smoke. What I do on my own time is my thing."

The American Civil Liberties Union agrees with Garvey and says that refusing to hire an employee based on tobacco habits prevents some capable employees from earning a living.

"The American Civil Liberties Union believes that what a person does during non-working hours away from the workplace should not be the basis for discrimination," states information on the organization's Web site. "Employers should not be permitted to regulate our lives 24 hours a day, seven days a week.

"The ACLU does not oppose smoking bans in public buildings, in the workplace or in locations where non-smokers may be subjected to second-hand smoke. We object only to bans on smoking, drinking, diet and hobbies in a person's own home," the Web site continues.

Tobacco users can apply for jobs at the Lee County Sheriff's Office, DeSoto County Sheriff's Office, Sarasota County Sheriff's Office, Arcadia Police Department, Punta Gorda Police Department and North Port Police Department. Each of the agencies have policies regarding where smoking is permitted, but none prohibit smoking during an employee's personal time.

"If Charlotte County won't take me, I'll go somewhere else," Garvey said.

You can e-mail Christy Arnold at arnold@sun-herald.com

By CHRISTY ARNOLD

Staff Writer

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