1. Policy Statement
The Police Department recognizes illegal drug usage as a threat to the public safety and welfare and to the employees of the Department. Thus, the Police Department will take the necessary steps, including drug testing, to eliminate illegal drug usage. The goal of this policy is prevention and rehabilitation rather than termination. All officers shall be eligible for random drug testing.
2. Definitions
The term "drug" includes cannabis as well as other controlled substances as defined in the Ohio Revised Code.
The term "illegal drug usage" includes the use of cannabis or any controlled substance which has not been legally prescribed and/or dispensed, or the abusive use of a legally prescribed drug.
3. Notice and Education of Employees Regarding Drug Testing
All employees will be informed of the Police Department's drug testing policy before testing is administered. Employees will be provided with information concerning the impact of the use of drugs on job performance. In addition, the employer will inform the employees of the manner in which the tests are conducted, the reliability of the tests performed, under what circumstances employee will be subject to testing, what the tests can determine, and the consequences of testing positive for illegal drug use. All new employees will be provided with this information when initially hired. No employee shall be tested until this information has been provided.
4. Basis for Ordering an Employee to be Tested for Drug Abuse. Employees may be tested for drug abuse under any of the following conditions:
a. Where there is reasonable suspicion that the Police Officer to be tested is using or abusing illegal drugs.
b. Those officers who are permanently or temporarily assigned to work the Property Room as well as the Directed Policing, Vice Metro and Forfeiture Units may be tested once annually for drugs as defined herein.
c. Those officers on a promotional eligibility list may be tested prior to promotion.
All orders requiring employees to submit to drug testing shall be in writing setting forth the reasonable suspicion before the test is ordered.
5. Urine Samples
Specimen collection will occur in a medical setting and the procedures should not demean, embarrass, or cause physical discomfort to the employee.
Each step in the collecting and processing of the urine specimens shall be documented to establish procedural integrity and the chain of evidence.
A professional medical interview with the employee prior to the test will serve to establish use of drugs currently taken under professional medical supervision.
The employee designated to give a sample must be positively identified prior to any sample being taken.
Specimen samples shall be sealed, labeled and checked against the identity of the employee to ensure the results match the testee. Samples shall be stored in a secured and refrigerated atmosphere until tested or delivered to the testing lab representative.
Upon request, an employee shall be entitled to the presence of a union representative before testing is administered.
6. Testing Procedures
The laboratory selected by the City to conduct the analysis must be experienced and capable of quality control, documentation, chain of custody, technical expertise, and demonstrated proficiency in urinalysis testing.
The testing or processing phase shall consist of a two-step procedure.
(i) Initial screening step, and
(ii) Confirmation step.
The urine sample is first tested using a screening procedure. A specimen testing positive will undergo an additional confirmatory test. An initial positive report will not be considered positive, rather it will be classified as confirmation pending.
Where a positive report is received, urine specimens shall be maintained under secured storage for a period of not less than one (1) year.
Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such.
All test results shall be evaluated by a suitably trained physician, or a person with a Ph.D. in chemistry or a related science, or the equivalent in related education or experience, prior to being reported.
All unconfirmed positive test records shall be destroyed by the laboratory.
Test results shall be treated with the same confidentiality as other employee medical records. Test results used as evidence for disciplinary action shall also be entitled to the same confidentiality.
7. Disciplinary Action
Officers who as a result of being ordered to be drug tested are found to be abusing drugs may be subject to dismissal. Refusal to submit to a drug test, adulteration of, or switching a urine sample may also be grounds for dismissal.
Voluntary submission to a chemical dependence program can be a basis for consideration prior to imposition of penalty.
8. Right to Appeal
An officer disciplined as a result of a drug test has the right to challenge the results of such drug test through the disciplinary appeal procedures in Section 2129.22.
9. Voluntary Participation in a Dependency Program
An Officer may, at any time, voluntarily enter a chemical dependency program. This may be done through the Employee Assistance Program or by direct contact with the other providers of such services. Knowledge gained by the employee's voluntary admission or participation in a chemical dependency treatment program shall not be used as the basis for discipline.
Information regarding treatment of employees in chemical dependency programs shall remain confidential and shall not be released to the public.
Although an officer will not be subject to disciplinary action where the employee voluntarily submits to treatment as discussed above, the Police Department reserves the right to insure that the Police Officer is fit for duty. An officer found temporarily unfit for duty because of drug abuse shall be treated as are those similarly situated, i.e., sick leave, temporary reassignment, if available.
10. Duty Assignment After Treatment
Once an employee successfully completes rehabilitation and is fit for duty, the officer shall be returned to the regular duty assignment, except that the officers return to Property Manage ment, Property Recovery and Vice Metro shall be at the discretion of the Chief of Police. Officer reassignment during treatment shall be at the discretion of the Chief of Police based on each individual’s circumstances. If follow-up care is prescribed after treatment, this may be imposed as a condition of continued employment. Once treatment and any follow-up care is completed, at the end of two years the records of treatment and positive drug test results shall be retired to a closed medical record. The police officer shall be given a fresh start with a clean administrative record. Except that discipline records shall be retained as is provided for in Section 2129.25.
11. Right of Union Participation
At any time, the Union, upon request, will have the right to inspect and observe any aspect of the drug testing program with the exception of individual test results. The Union may inspect individual test results if the release of this information is authorized by the employee involved.
12. Union Held Harmless
This drug testing program is initiated solely at the behest of the employer. The Police Department shall be solely liable for any legal obligations and costs arising out of employees' claims based on constitutional rights regarding the application of this Section of the collective bargaining agreement relating to drug testing. The Union shall be held harmless for the violation of any employee's constitutional rights.
The employer is not responsible for any legal obligations and costs for claims based on the Union's duty of fair representation.