Common use of Testing Based Upon Reasonable Suspicion Clause in Contracts

Testing Based Upon Reasonable Suspicion. An employee of the Department may be required to undergo testing based on "reasonable suspicion" when objective facts and observations are brought to the attention of a superior officer and, based upon the reliability and weight of such information, the superior officer can reasonably infer or suspect that they are using illegal drugs, are abusing legal drugs or alcohol, or are reporting for duty under the influence of drugs or alcohol. Reasonable suspicion must be supported by specific articulable facts which may include, but are not limited to: reports and observations of the employee’s drug related activities, such as purchase, sale or possession of drugs, associations with known drug dealers or users, observations of the employee at known drug or drug related locations; an otherwise unexplained change in behavior or work performance; an observed impairment of the ability to perform their duties. A superior officer shall report the basis for their reasonable suspicion to the Chief of Police or their designee. The Chief shall decide whether to direct the employee to submit to testing. Prior to so deciding, the Chief or their designee may meet with the employee. If such a meeting is held, the employee may request Association representation. However, the meeting shall not be delayed for the purpose of having a representative of the employee’s choice. If the employee is ordered to submit to a drug and/or alcohol test, the employee shall be given a brief verbal statement of the basis for reasonable suspicion. A verbal directive to submit to a drug and/or alcohol test shall be confirmed in writing, but the testing shall not be delayed pending issuance of such written directive.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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Testing Based Upon Reasonable Suspicion. An employee A member of the Department may be required to undergo testing based on "reasonable suspicion" when objective facts and observations are brought to the attention of a superior officer and, based upon the reliability and weight of such information, the superior officer can reasonably infer or suspect that they are the member is using illegal drugs, are is abusing legal drugs or alcohol, or are is reporting for duty under the influence of drugs or alcohol. Reasonable suspicion must be supported by specific articulable facts which may include, but are not limited to: reports and observations of the employee’s member's drug related activities, such as purchase, sale or possession of drugs, associations with known drug dealers or users, observations of the employee member at known drug or drug related locations; an otherwise unexplained change in the member's behavior or work performance; an observed impairment of the member's ability to perform their his/her or her duties. A superior officer shall report the basis for their his/her reasonable suspicion to the Chief of Police or their his/her designee. The Chief shall decide whether to direct the employee member to submit to testing. Prior to so deciding, the Chief Chief, or their designee his/her designee, may meet with the employeemember. If such a meeting is held, the employee member may request Association Union representation. However, the meeting shall not be delayed for the purpose of having a representative of the employee’s member's choice. If the employee member is ordered to submit to a drug and/or alcohol test, the employee member shall be given a brief verbal statement of the basis for reasonable suspicion. A verbal directive to submit to a drug and/or alcohol test shall be confirmed in writing, but the testing shall not be delayed pending issuance of such written directive.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Testing Based Upon Reasonable Suspicion. An A membern employee of the Department may be required to undergo testing based on "reasonable suspicion" when objective facts and observations are brought to the attention of a superior officer and, based upon the reliability and weight of such information, the superior officer can reasonably infer or suspect that they the member isy are using illegal drugs, is are abusing legal drugs or alcohol, or is are reporting for duty under the influence of drugs or alcohol. Reasonable suspicion must be supported by specific articulable facts which may include, but are not limited to: reports and observations of the employee’s member's employee‟s drug related activities, such as purchase, sale or possession of drugs, associations with known drug dealers or users, observations of the member employee at known drug or drug related locations; an otherwise unexplained change in the member's behavior or work performance; an observed impairment of the member's ability to perform his or her their duties. A superior officer shall report the basis for his/her their reasonable suspicion to the Chief of Police or their his/hertheir designee. The Chief shall decide whether to direct the member employee to submit to testing. Prior to so deciding, the Chief or their his/hertheir designee may meet with the employeememberemployee. If such a meeting is held, the member employee may request Association Union representation. However, the meeting shall not be delayed for the purpose of having a representative of the employee’s member's e mployee‟s choice. If the employee is ordered to submit to a drug and/or alcohol test, the employee shall be given a brief verbal statement of the basis for reasonable suspicion. A verbal directive to submit to a drug and/or alcohol test shall be confirmed in writing, but the testing shall not be delayed pending issuance of such written directive.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Testing Based Upon Reasonable Suspicion. An employee of the Department may be required to undergo testing based on "reasonable suspicion" when objective facts and observations are brought to the attention of a superior officer and, based upon the reliability and weight of such information, the superior officer can reasonably infer or suspect that they are using illegal drugs, are abusing legal drugs or alcohol, or are reporting for duty under the influence of drugs or alcohol. Reasonable suspicion must be supported by specific articulable facts which may include, but are not limited to: reports and observations of the employee’s drug related activities, such as purchase, sale or possession of drugs, associations with known drug dealers or users, observations of the employee at known drug or drug related locations; an otherwise unexplained change in behavior or work performance; an observed impairment of the ability to perform their duties. A superior officer shall report the basis for their reasonable suspicion to the Chief of Police or their designee. The Chief shall decide whether to direct the employee to submit to testing. Prior to so deciding, the Chief or their designee may meet with the employee. If such a meeting is held, the employee may request Association UnionAssociation representation. However, the meeting shall not be delayed for the purpose of having a representative of the employee’s choice. If the employee is ordered to submit to a drug and/or alcohol test, the employee shall be given a brief verbal statement of the basis for reasonable suspicion. A verbal directive to submit to a drug and/or alcohol test shall be confirmed in writing, but the testing shall not be delayed pending issuance of such written directive.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Testing Based Upon Reasonable Suspicion. An employee A member of the Department may be required to undergo testing based on "reasonable suspicion" when objective facts and observations are brought to the attention of a superior officer and, based upon the reliability and weight of such information, the superior officer can reasonably infer or suspect that they are the member is using illegal drugs, are is abusing legal drugs or alcohol, or are is reporting for duty under the influence of drugs or alcohol. Reasonable suspicion must be supported by specific articulable facts which may include, but are not limited to: reports and observations of the employee’s member's drug related activities, such as purchase, sale or possession of drugs, associations with known drug dealers or users, observations of the employee member at known drug or drug related locations; an otherwise unexplained change in the member's behavior or work performance; an observed impairment of the member's ability to perform their his or her duties. A superior officer shall report the basis for their his/her reasonable suspicion to the Chief of Police or their his/her designee. The Chief shall decide whether to direct the employee member to submit to testing. Prior to so deciding, the Chief Chief, or their designee his/her designee, may meet with the employeemember. If such a meeting is held, the employee member may request Association Union representation. However, the meeting shall not be delayed for the purpose of having a representative of the employee’s member's choice. If the employee is ordered to submit to a drug and/or alcohol test, the employee shall be given a brief verbal statement of the basis for reasonable suspicion. A verbal directive to submit to a drug and/or alcohol test shall be confirmed in writing, but the testing shall not be delayed pending issuance of such written directive.

Appears in 1 contract

Samples: Agreement

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