Common use of General Prohibition and "For Cause Clause in Contracts

General Prohibition and "For Cause. Testing A. Illicit substance or drug abuse by employees of the Department is unacceptable and censurable conduct worthy of strong disciplinary action, up to and including termination. An employee may only be required to submit to a field sobriety examination, blood, breath or urine test for the purposes of determining the presence of a narcotic, drug, or alcohol when: 1. The employee exhibits objective symptoms of being under the influence of alcohol and/or a narcotic or drug; or 2. There is a reasonable and articulable suspicion that the employee has ingested or absorbed by the body in any other manner an alcoholic beverage, narcotic, or drug. Note: When drug influence is suspected and the sole basis of the investigation consists of reasonable suspicion, a Drug Recognition Expert (DRE) who holds a supervisory rank shall administer the examination. If a DRE with supervisory rank is unavailable, the examination may be performed by a DRE of non-supervisory rank at the direction of a Department supervisor. B. In the event of any such test, the employee shall be entitled to the following protections and procedures: 1. An employee of the same sex as the employee being tested shall be responsible for collecting the urine sample. 2. Sample collection shall be monitored in an atmosphere of privacy and dignity. 3. Sample collection shall be conducted in such a way as to ensure a tamper-proof sample. In the event a sample has been tampered with or a seal broken prior to the lab analysis, the sample shall be declared void and the employee may be immediately retested. 4. Samples collected from employees “for cause” will be booked at Property Division in a sealed Analyzed Evidence envelope (refrigerated). The investigator booking the sample will contact the Officer-In-Charge of the Scientific Investigation Division (SID) Toxicology Unit to request analysis. 5. Testing of any urine sample shall be by a two-stage process, with the second stage analysis done only in the event of and to confirm a positive test result from the first stage analysis of the sample. 6. The first stage sample analysis will be conducted by XXX within 21 days after receipt. Depending on the analysis required, the second stage will either be conducted by XXX or a contract laboratory. Notification of negative test results will be forwarded via Department e-mail to the subject employee by the Investigating Officer within seven (7) days following receipt of such from SID. 7. Employees who test positive for one or more drugs based on the confirmation test will be given an opportunity to have a portion of the sample retested by a reputable chemical laboratory at City expense. Upon the request of the employee, XXX will provide a list of laboratories accredited by the American Society of Crime Lab Directors/Laboratory Accreditation Board (ASCLAD/LAB). The sample will be sent to a laboratory selected from that list by the employee. The sample will have been divided by a representative of SID and released to an authorized agent of the laboratory or sent by overnight mail. The division of the sample will be done by SID prior to testing. Both samples will be resealed by the SID employee who does the division. The second sample, split from the original sample, will be stored in Property Division until requested by the employee for outside laboratory testing, at City expense. 8. If the outside laboratory reaches a different conclusion than XXX after testing the sample, a different reputable outside chemical laboratory will be requested to test the sample a third time at City expense using the selection process outlined above. The findings of the third laboratory will be conclusive. 9. Based on the confirmation test, samples tested positive by SID for a drug(s) in the urine will be resealed by the SID chemist and booked at Property Division. These samples will be maintained for a period of one year in a refrigerated state. 10. The Department shall ensure that any non-sworn departmental personnel involved in the handling or testing of samples shall not have any prior felony convictions. C. Notwithstanding any other provision of this Article, the Department shall also have the discretion to order any sworn employee to submit only to a blood, breath or urine test for the purposes of determining the presence of a narcotic, drug or alcohol on a random basis (to the extent allowed by law). These tests will be conducted in the manner set forth in Section 2 below. The exercise of this discretion by the Department shall be deemed a term and condition of such employee's employment and need not be supported by any showing of cause. If any employee is ordered to submit to these tests involuntarily, the evidence obtained shall be used for administrative purposes only. D. If any employee requests a representative prior to submitting to a substance test, the employee shall be permitted to consult with a representative telephonically; and the employee shall be permitted to have a representative present, provided that such representative is able to arrive at the scene within two hours of the telephonic contact. If, while awaiting a representative, the employee must relieve himself or herself, the employee must provide a sample to be held by Department representatives pending the employee's receipt of advice; provided, however, that such sample shall be returned immediately to the employee without analysis in the event the employee chooses, after advice, to "refuse" a test. Refusal to obey an order to submit to a test as defined in Paragraph A of this Section may result in disciplinary action for insubordination up to and including termination.

General Prohibition and "For Cause. Testing A. Illicit substance or drug abuse by employees members of the Department is unacceptable and censurable conduct worthy of strong disciplinary administrative action, up to and including termination. An employee may only be required to submit to a field sobriety examination, blood, breath or urine test for the purposes of determining the presence of a narcotic, drug, or alcohol when: 1. The employee exhibits objective symptoms of being under the influence of alcohol and/or a narcotic or drug; or 2. There is a reasonable and articulable articulated suspicion that the employee has ingested or absorbed by the body in any other manner an alcoholic beverage, narcotic, or drug. Note: When drug influence is suspected and the sole basis of the investigation consists of reasonable suspicion, a Drug Recognition Expert (DRE) who holds a supervisory rank shall administer the examination. If a DRE with supervisory rank is unavailable, the examination may be performed by a DRE of non-supervisory rank at the direction of a Department supervisor. B. In the event of any such test, the employee shall be entitled to the following protections and procedures: 1. An employee of the same sex as the employee being tested Unit member shall be responsible for collecting the collection of any urine sample. 2. Sample collection shall be monitored in an atmosphere of privacy and dignity. 3. Sample collection shall be conducted in such a way as to ensure a tamper-proof sample. In the event a sample has been tampered with or a seal broken prior to the lab analysis, the sample shall be declared void and the employee may be immediately retested. 4. Samples collected from employees “for cause” will be booked at Property Division in a sealed Analyzed Evidence envelope (refrigerated). The investigator booking the sample will contact the Officer-In-Charge of the Scientific Investigation Division (SID) Toxicology Unit to request analysis. 5. Testing of any urine sample shall be by a two-stage process, with the second stage analysis done only in the event of and to confirm a positive test result from the first stage analysis of the sample. 65. The first stage sample Sample analysis will be conducted within 10 days of receipt by XXX within 21 days after receipt. Depending on the analysis requiredScientific Investigation Division (SID), the second stage will either be conducted by XXX or a contract laboratory. Notification with notification of negative test results will to be forwarded via Department e-mail to the subject employee within fourteen days of sample receipt by the Investigating Officer within seven (7) days following receipt of such from SIDXXX. 76. Employees who test positive for one or more drugs based on upon the confirmation test will be given an opportunity to have a portion of the sample retested by a reputable chemical laboratory at City expense. Upon the request of the employee, XXX will provide a list of laboratories accredited by the American Society of Crime Lab Directors/Laboratory Accreditation Board (ASCLAD/LAB). The sample will be sent to a laboratory selected from that list by the employee. The sample will have been divided by a representative of SID and released to an authorized agent of the laboratory or sent by overnight maillaboratory. The division of the sample will be done by SID prior to testingtesting of the sample by the Department. Both samples will be resealed by the SID employee who does assigned to the division. The second sample, split from the original sample, will be stored in Property Division until requested by the employee for outside laboratory testing, at City expense. 87. If the outside laboratory reaches a different conclusion than XXX after testing the sample, a different reputable outside chemical laboratory will be requested to test the sample a third time at City expense using the selection process outlined aboveexpense. The findings of the third laboratory will be conclusive. 98. Based on the confirmation test, samples tested positive by SID the Department for a drug(s) in the urine will be resealed by the SID chemist and booked at Property Division. These samples will be maintained for a period of one year in a refrigerated state. 109. The Department shall ensure that any non-sworn departmental personnel involved in the handling or testing of samples shall not have any prior felony convictions. C. Notwithstanding any other provision of this Article, the Department shall also have the discretion to order any sworn employee to submit only to a blood, breath or urine test for the purposes of determining the presence of a narcotic, drug or alcohol on a random basis (to the extent allowed by law). These tests will be conducted in the manner set forth in Section 2 below. The exercise of this discretion by the Department shall be deemed a term and condition of such employee's employment and need not be supported by any showing of cause. If any employee is ordered to submit to these tests involuntarily, the evidence obtained shall be used for administrative purposes only. D. If any employee requests a representative prior to submitting to a substance test, the employee shall be permitted to consult with a representative telephonically; and the employee shall be permitted to have a representative present, provided that such representative is able to arrive at the scene within two hours of the telephonic contacthours. If, while awaiting a representative, the employee must relieve himself or herself, the employee he or she must provide a sample to be held by Department representatives pending the employee's receipt of advice; provided, however, that such sample shall be returned immediately to the employee without analysis in the event the employee he or she chooses, after advice, to "refuse" a test. Refusal to obey an order to submit to a test as defined in Paragraph A of this Section may result in disciplinary action for insubordination up to and including termination.

General Prohibition and "For Cause. Testing A. Illicit substance or drug abuse by employees members of the Department is unacceptable and censurable conduct worthy of strong disciplinary administrative action, up to and including termination. An employee may only be required to submit to a field sobriety examination, blood, breath or urine test for the purposes of determining the presence of a narcotic, drug, or alcohol when: 1. The employee exhibits objective symptoms of being under the influence of alcohol and/or a narcotic or drug; or 2. There is a reasonable and articulable articulated suspicion that the employee has ingested or absorbed by the body in any other manner an alcoholic beverage, narcotic, or drug. Note: When drug influence is suspected and the sole basis of the investigation consists of reasonable suspicion, a Drug Recognition Expert (DRE) who holds a supervisory rank shall administer the examination. If a DRE with supervisory rank is unavailable, the examination may be performed by a DRE of non-supervisory rank at the direction of a Department supervisor. B. In the event of any such test, the employee shall be entitled to the following protections and procedures: 1. An employee of the same sex as the employee being tested Unit member shall be responsible for collecting the collection of any urine sample. 2. Sample collection shall be monitored in an atmosphere of privacy and dignity. 3. Sample collection shall be conducted in such a way as to ensure a tamper-tamper- proof sample. In the event a sample has been tampered with or a seal broken prior to the lab analysis, the sample shall be declared void and the employee may be immediately retested. 4. Samples collected from employees “for cause” will be booked at Property Division in a sealed Analyzed Evidence envelope (refrigerated). The investigator booking the sample will contact the Officer-In-Charge of the Scientific Investigation Division (SID) Toxicology Unit to request analysis. 5. Testing of any urine sample shall be by a two-stage process, with the second stage analysis done only in the event of and to confirm a positive test result from the first stage analysis of the sample. 65. The first stage sample Sample analysis will be conducted within ten days of receipt by XXX within 21 days after receipt. Depending on the analysis requiredScientific Investigation Division (SID), the second stage will either be conducted by XXX or a contract laboratory. Notification with notification of negative test results will to be forwarded via Department e-mail to the subject employee within fourteen days of sample receipt by the Investigating Officer within seven (7) days following receipt of such from SIDXXX. 76. Employees who test positive for one or more drugs based on upon the confirmation test will be given an opportunity to have a portion of the sample retested by a reputable chemical laboratory at City expense. Upon the request of the employee, XXX will provide a list of laboratories accredited by the American Society of Crime Lab Directors/Laboratory Accreditation Board (ASCLAD/LAB). The sample will be sent to a laboratory selected from that list by the employee. The sample will have been divided by a representative of SID and released to an authorized agent of the laboratory or sent by overnight maillaboratory. The division of the sample will be done by SID prior to testingtesting of the sample by the Department. Both samples will be resealed by the SID employee who does the division. The second sample, split from the original sample, will be stored in Property Division until requested by the employee for outside laboratory testing, at City expense. 87. If the outside laboratory reaches a different conclusion than XXX after testing the sample, a different reputable outside chemical laboratory will be requested to test the sample a third time at City expense using the selection process outlined aboveexpense. The findings of the third laboratory will be conclusive. 98. Based on the confirmation test, samples tested positive by SID the Department for a drug(s) in the urine will be resealed by the SID chemist and booked at Property Division. These samples will be maintained for a period of one year in a refrigerated state. 109. The Department shall ensure that any non-sworn departmental personnel involved in the handling or testing of samples shall not have any prior felony convictions. C. Notwithstanding any other provision of this Article, the Department shall also have the discretion to order any sworn employee to submit only to a blood, breath or urine test for the purposes of determining the presence of a narcotic, drug or alcohol on a random basis (to the extent allowed by law). These tests will be conducted in the manner set forth in Section 2 below. The exercise of this discretion by the Department shall be deemed a term and condition of such employee's employment and need not be supported by any showing of cause. If any employee is ordered to submit to these tests involuntarily, the evidence obtained shall be used for administrative purposes only. D. If any employee requests a representative prior to submitting to a substance test, the employee shall be permitted to consult with a representative telephonically; and the employee shall be permitted to have a representative present, provided that such representative is able to arrive at the scene within two hours of the telephonic contacthours. If, while awaiting a representative, the employee must relieve himself or herself, the employee he or she must provide a sample to be held by Department representatives pending the employee's receipt of advice; provided, however, that such sample shall be returned immediately to the employee without analysis in the event the employee he or she chooses, after advice, to "refuse" a test. Refusal to obey an order to submit to a test as defined in Paragraph A of this Section may result in disciplinary action for insubordination up to and including termination.

General Prohibition and "For Cause. Testing A. Illicit substance or drug abuse by employees members of the Department is unacceptable and censurable conduct worthy of strong disciplinary administrative action, up to and including termination. An employee may only be required to submit to a field sobriety examination, blood, breath or urine test for the purposes of determining the presence of a narcotic, drug, or alcohol when: 1. The employee exhibits objective symptoms of being under the influence of alcohol and/or a narcotic or drug; or 2. There is a reasonable and articulable articulated suspicion that the employee has ingested or absorbed by the body in any other manner an alcoholic beverage, narcotic, or drug. Note: When drug influence is suspected and the sole basis of the investigation consists of reasonable suspicion, a Drug Recognition Expert (DRE) who holds a supervisory rank shall administer the examination. If a DRE with supervisory rank is unavailable, the examination may be performed by a DRE of non-supervisory rank at the direction of a Department supervisor. B. In the event of any such test, the employee shall be entitled to the following protections and procedures: 1. An employee of the same sex as the employee being tested Unit member shall be responsible for collecting the collection of any urine sample. 2. Sample collection shall be monitored in an atmosphere of privacy and dignity. 3. Sample collection shall be conducted in such a way as to ensure a tamper-tamper- proof sample. In the event a sample has been tampered with or a seal broken prior to the lab analysis, the sample shall be declared void and the employee may be immediately retested. 4. Samples collected from employees “for cause” will be booked at Property Division in a sealed Analyzed Evidence envelope (refrigerated). The investigator booking the sample will contact the Officer-In-Charge of the Scientific Investigation Division (SID) Toxicology Unit to request analysis. 5. Testing of any urine sample shall be by a two-stage process, with the second stage analysis done only in the event of and to confirm a positive test result from the first stage analysis of the sample. 65. The first stage sample Sample analysis will be conducted within ten days of receipt by XXX within 21 days after receipt. Depending on the analysis requiredScientific Investigation Division (SID), the second stage will either be conducted by XXX or a contract laboratory. Notification with notification of negative test results will to be forwarded via Department e-mail to the subject employee within fourteen days of sample receipt by the Investigating Officer within seven (7) days following receipt of such from SID. 76. Employees who test positive for one or more drugs based on upon the confirmation test will be given an opportunity to have a portion of the sample retested by a reputable chemical laboratory at City expense. Upon the request of the employee, XXX will provide a list of laboratories accredited by the American Society of Crime Lab Directors/Laboratory Accreditation Board (ASCLAD/LAB). The sample will be sent to a laboratory selected from that list by the employee. The sample will have been divided by a representative of SID and released to an authorized agent of the laboratory or sent by overnight maillaboratory. The division of the sample will be done by SID prior to testingtesting of the sample by the Department. Both samples will be resealed by the SID employee who does the division. The second sample, split from the original sample, will be stored in Property Division until requested by the employee for outside laboratory testing, at City expense. 87. If the outside laboratory reaches a different conclusion than XXX SID after testing the sample, a different reputable outside chemical laboratory will be requested to test the sample a third time at City expense using the selection process outlined aboveexpense. The findings of the third laboratory will be conclusive. 98. Based on the confirmation test, samples tested positive by SID the Department for a drug(s) in the urine will be resealed by the SID chemist and booked at Property Division. These samples will be maintained for a period of one year in a refrigerated state. 109. The Department shall ensure that any non-sworn departmental personnel involved in the handling or testing of samples shall not have any prior felony convictions. C. Notwithstanding any other provision of this Article, the Department shall also have the discretion to order any sworn employee to submit only to a blood, breath or urine test for the purposes of determining the presence of a narcotic, drug or alcohol on a random basis (to the extent allowed by law). These tests will be conducted in the manner set forth in Section 2 below. The exercise of this discretion by the Department shall be deemed a term and condition of such employee's employment and need not be supported by any showing of cause. If any employee is ordered to submit to these tests involuntarily, the evidence obtained shall be used for administrative purposes only. D. If any employee requests a representative prior to submitting to a substance test, the employee shall be permitted to consult with a representative telephonically; and the employee shall be permitted to have a representative present, provided that such representative is able to arrive at the scene within two hours of the telephonic contacthours. If, while awaiting a representative, the employee must relieve himself or herself, the employee he or she must provide a sample to be held by Department representatives pending the employee's receipt of advice; provided, however, that such sample shall be returned immediately to the employee without analysis in the event the employee he or she chooses, after advice, to "refuse" a test. Refusal to obey an order to submit to a test as defined in Paragraph A of this Section may result in disciplinary action for insubordination up to and including termination.

General Prohibition and "For Cause. Testing A. Illicit substance or drug abuse by employees members of the Department is unacceptable and censurable conduct worthy of strong disciplinary administrative action, up to and including termination. An employee may only be required to submit to a field sobriety examination, blood, breath or urine test for the purposes of determining the presence of a narcotic, drug, or alcohol when: 1. The employee exhibits objective symptoms of being under the influence of alcohol and/or a narcotic or drug; or 2. There is a reasonable and articulable articulated suspicion that the employee has ingested or absorbed by the body in any other manner an alcoholic beverage, narcotic, or drug. Note: When drug influence is suspected and the sole basis of the investigation consists of reasonable suspicion, a Drug Recognition Expert (DRE) who holds a supervisory rank shall administer the examination. If a DRE with supervisory rank is unavailable, the examination may be performed by a DRE of non-supervisory rank at the direction of a Department supervisor. B. In the event of any such test, the employee shall be entitled to the following protections and procedures: 1. An employee of the same sex as the employee being tested Unit member shall be responsible for collecting the collection of any urine sample. 2. Sample collection shall be monitored in an atmosphere of privacy and dignity. 3. Sample collection shall be conducted in such a way as to ensure a tamper-proof sample. In the event a sample has been tampered with or a seal broken prior to the lab analysis, the sample shall be declared void and the employee may be immediately retested. 4. Samples collected from employees “for cause” will be booked at Property Division in a sealed Analyzed Evidence envelope (refrigerated). The investigator booking the sample will contact the Officer-In-Charge of the Scientific Investigation Division (SID) Toxicology Unit to request analysis. 5. Testing of any urine sample shall be by a two-stage process, with the second stage analysis done only in the event of and to confirm a positive test result from the first stage analysis of the sample. 65. The first stage sample Sample analysis will be conducted within 10 days of receipt by XXX within 21 days after receipt. Depending on the analysis requiredForensic Science Division (FSD), the second stage will either be conducted by XXX or a contract laboratory. Notification with notification of negative test results will to be forwarded via Department e-mail to the subject employee within fourteen days of sample receipt by the Investigating Officer within seven (7) days following receipt of such from SIDXXX. 76. Employees who test positive for one or more drugs based on upon the confirmation test will be given an opportunity to have a portion of the sample retested by a reputable chemical laboratory at City expense. Upon the request of the employee, XXX will provide a list of laboratories accredited by the American Society of Crime Lab Directors/Laboratory Accreditation Board (ASCLAD/LAB). The sample will be sent to a laboratory selected from that list by the employee. The sample will have been divided by a representative of SID and released to an authorized agent of the laboratory or sent by overnight maillaboratory. The division of the sample will be done by SID prior to testingtesting of the sample by the Department. Both samples will be resealed by the SID employee who does assigned to the division. The second sample, split from the original sample, will be stored in Property Division until requested by the employee for outside laboratory testing, at City expense. 87. If the outside laboratory reaches a different conclusion than XXX after testing the sample, a different reputable outside chemical laboratory will be requested to test the sample a third time at City expense using the selection process outlined aboveexpense. The findings of the third laboratory will be conclusive. 98. Based on the confirmation test, samples tested positive by SID the Department for a drug(s) in the urine will be resealed by the SID chemist and booked at Property Division. These samples will be maintained for a period of one year in a refrigerated state. 109. The Department shall ensure that any non-sworn departmental personnel involved in the handling or testing of samples shall not have any prior felony convictions. C. Notwithstanding any other provision of this Article, the Department shall also have the discretion to order any sworn employee Unit member to submit only to a blood, breath or urine test for the purposes of determining the presence of a narcotic, drug or alcohol on a random basis (to the extent allowed by law). These tests will be conducted in the manner set forth in Section 2 below. The exercise of this discretion by the Department shall be deemed a term and condition of such employee's employment and need not be supported by any showing of cause. If any employee is ordered to submit to these tests involuntarily, the evidence obtained shall be used for administrative purposes only. D. If any employee requests a representative prior to submitting to a substance test, the employee shall be permitted to consult with a representative telephonically; and the employee shall be permitted to have a representative present, provided that such representative is able to arrive at the scene within two hours of the telephonic contacthours. If, while awaiting a representative, the employee must relieve himself or herself, the employee he or she must provide a sample to be held by Department representatives pending the employee's receipt of advice; provided, however, that such sample shall be returned immediately to the employee without analysis in the event the employee he or she chooses, after advice, to "refuse" a test. Refusal to obey an order to submit to a test as defined in Paragraph A of this Section may result in disciplinary action for insubordination up to and including termination.

General Prohibition and "For Cause. Testing A. Illicit substance or drug abuse by employees of the Department is unacceptable and censurable conduct worthy of strong disciplinary action, up to and including termination. An employee may only be required to submit to a field sobriety examination, blood, breath or urine test for the purposes of determining the presence of a narcotic, drug, or alcohol when: 1. The employee exhibits objective symptoms of being under the influence of alcohol and/or a narcotic or drug; or 2. There is a reasonable and articulable suspicion that the employee has ingested or absorbed by the body in any other manner an alcoholic beverage, narcotic, or drug. Note: When drug influence is suspected and the sole basis of the investigation consists of reasonable suspicion, a Drug Recognition Expert (DRE) who holds a supervisory rank shall administer the examination. If a DRE with supervisory rank is unavailable, the examination may be performed by a DRE of non-supervisory rank at the direction of a Department supervisor. B. In the event of any such test, the employee shall be entitled to the following protections and procedures: 1. An employee of the same sex as the employee being tested shall be responsible for collecting the urine sample. 2. Sample collection shall be monitored in an atmosphere of privacy and dignity. 3. Sample collection shall be conducted in such a way as to ensure a tamper-proof sample. In the event a sample has been tampered with or a seal broken prior to the lab analysis, the sample shall be declared void and the employee may be immediately retested. 4. Samples collected from employees “"for cause” will be booked at Property Division in a sealed Analyzed Evidence envelope (refrigerated). The investigator booking the sample will contact the Officer-In-Charge of the Scientific Investigation Division (SID) Toxicology Unit to request analysis. 5. Testing of any urine sample shall be by a two-stage process, with the second stage analysis done only in the event of and to confirm a positive test result from the first stage analysis of the sample. 6. The first stage sample analysis will be conducted by XXX within 21 days after receipt. Depending on the analysis required, the second stage will either be conducted by XXX or a contract laboratory. Notification of negative test results will be forwarded via Department e-mail to the subject employee by the Investigating Officer within seven (7) days following receipt of such from SID. 7. Employees who test positive for one or more drugs based on the confirmation test will be given an opportunity to have a portion of the sample retested by a reputable chemical laboratory at City expense. Upon the request of the employee, XXX will provide a list of laboratories accredited by the American Society of Crime Lab Directors/Laboratory Accreditation Board (ASCLAD/LAB). The sample will be sent to a laboratory selected from that list by the employee. The sample will have been divided by a representative of SID and released to an authorized agent of the laboratory or sent by overnight mail. The division of the sample will be done by SID prior to testing. Both samples will be resealed by the SID employee who does the division. The second sample, split from the original sample, will be stored in Property Division until requested by the employee for outside laboratory testing, at City expense. 8. If the outside laboratory reaches a different conclusion than XXX after testing the sample, a different reputable outside chemical laboratory will be requested to test the sample a third time at City expense using the selection process outlined above. The findings of the third laboratory will be conclusive. 9. Based on the confirmation test, samples tested positive by SID for a drug(s) in the urine will be resealed by the SID chemist and booked at Property Division. These samples will be maintained for a period of one year in a refrigerated state. 10. The Department shall ensure that any non-sworn departmental personnel involved in the handling or testing of samples shall not have any prior felony convictions. C. Notwithstanding any other provision of this Article, the Department shall also have the discretion to order any sworn employee to submit only to a blood, breath or urine test for the purposes of determining the presence of a narcotic, drug or alcohol on a random basis (to the extent allowed by law). These tests will be conducted in the manner set forth in Section 2 below. The exercise of this discretion by the Department shall be deemed a term and condition of such employee's employment and need not be supported by any showing of cause. If any employee is ordered to submit to these tests involuntarily, the evidence obtained shall be used for administrative purposes only. D. If any employee requests a representative prior to submitting to a substance test, the employee shall be permitted to consult with a representative telephonically; and the employee shall be permitted to have a representative present, provided that such representative is able to arrive at the scene within two hours of the telephonic contact. If, while awaiting a representative, the employee must relieve himself or herself, the employee must provide a sample to be held by Department representatives pending the employee's receipt of advice; provided, however, that such sample shall be returned immediately to the employee without analysis in the event the employee chooses, after advice, to "refuse" a test. Refusal to obey an order to submit to a test as defined in Paragraph A of this Section may result in disciplinary action for insubordination up to and including termination.