Common use of The Administration of Tests Clause in Contracts

The Administration of Tests. The City may require an officer to submit immediately to breathalyzer, blood, and/or urine tests if there is reasonable suspicion for such testing. If an officer is required to undergo such testing based on reasonable suspicion, the City will provide the officer with the basis for such reasonable suspicion in writing at or about the time the test is administered. If the written basis is not provided prior to the actual test, a verbal statement of the basis will be provided prior to administering the test. The City may use breathalyzer tests as well as urine or blood tests for alcohol testing. For drug/alcohol tests not involving a breathalyzer, the City shall use only licensed clinical laboratories and shall have a supervisor accompany the officer being tested to the testing facility. The testing facility shall be responsible for maintaining the proper chain of custody. The taking of urine samples shall not be witnessed unless there is reasonable suspicion to believe the officer is tampering with the testing procedure. If the first test results in a positive finding, a confirmatory test (GC/MS or a scientifically accurate equivalent) shall be conducted. An initial positive result shall not be submitted to the City unless a confirmatory test result is also positive as to the same sample. Upon request, the City shall provide an officer with a copy of any test results which the City receives with respect to such officer. A portion of the tested sample shall be retained by the laboratory so that the officer may arrange for another confirmatory test (GC/MS or a scientifically accurate equivalent) to be conducted by a licensed clinical laboratory of the employee s choosing and at the employee s expense. Once the portion of the tested sample leaves the clinical laboratory selected by the employer from the list maintained by the City, the officer shall be responsible for maintaining the proper chain of custody for said portion of the tested sample. Within two (2) working days after the test is administered, the officer may request a meeting with the Chief. At any such meeting, the officer may raise issues relating to the testing, including the basis for reasonable suspicion. The officer shall also have a one-time only option at this meeting to admit to a drug/alcohol problem and to seek assistance from the City’s Employee Assistance Program (“EAP”). If the employee invokes this option, the test results shall not be made available to the City. Except where the officer invokes the time one-time only option to admit to the problem and to seek assistance from the EAP, the results of any positive tests shall be made available to the City. If an officer tests positive for the use of a proscribed drug, the City may take such action as the City in its discretion deems appropriate, up to and including discharge but also including demotion or reassignment. The first time an officer tests positive for substance abuse involving something other than a proscribed drug, and/or if the officer invokes the one-time only option to admit to the problem and to seek assistance from the EAP, the officer shall be required to enter and successfully complete the EAP, during which time the officer may be required to submit to random testing, as determined by and for the duration specified by the EAP counselor, with the understanding that if the employee again tests positive the City may take such action as the City in its discretion deems appropriate, up to and including discharge. The City in any event retains the right to take such action as the City in its discretion deems appropriate if an employee engages in conduct prohibited by Section B.3 of this Appendix, or in conduct that is otherwise subject to discipline and is aggravated by drug or alcohol abuse.

The Administration of Tests. The City Village may require an officer a Patrol Officer to submit immediately submit (a) Upon assignment of a Patrol Officer to breathalyzera special duty assignment such as the North Central Narcotics Task Force, blood, and/or urine tests if there is reasonable suspicion for such testing. If an officer is required and upon his return to undergo such testing based on reasonable suspicion, the City will provide the officer duty with the basis for such reasonable suspicion Department; (b) If a Patrol Officer is involved in writing at or about a motor vehicle accident while in the time the test is administered. performance of his duty; (c) Upon promotion to a higher rank; (d) If the written basis Patrol Officer has experienced excessive absenteeism or tardiness under circumstances giving rise to a suspicion of off-duty drug or alcohol abuse. (e) If the Patrol Officer is not provided prior to involved in the actual test, a verbal statement use of the basis will be provided prior to administering the testdeadly force. The City Village may use breathalyzer tests as well as urine or blood tests for alcohol testing. For drug/alcohol tests not involving a breathalyzer, the City Village shall use only licensed clinical laboratories and shall have a supervisor accompany the officer Patrol Officer being tested to the testing facility. The testing facility shall be responsible for maintaining the proper chain of custody. The taking of urine samples shall not be witnessed unless there is reasonable suspicion probable cause to believe the officer Patrol Officer is tampering with the testing procedure. If the first test results in a positive finding, a confirmatory test (GC/MS or a scientifically accurate equivalent) shall be conducted. An initial positive result shall not be submitted to the City Village unless a confirmatory test result is also positive as to the same sample. Upon request, the City Village shall provide an officer a Patrol Officer with a copy of any test results which the City Village receives with respect to such officerPatrol Officer. A portion of the tested sample shall be retained by the laboratory so that the officer Patrol Officer may arrange for another confirmatory test (GC/MS or a scientifically accurate equivalent) to be conducted by a licensed clinical laboratory of the employee s Patrol Officer's choosing and at the employee s Patrol Officer's expense. Once the portion of the tested sample leaves the clinical laboratory selected by the employer from the list maintained by the CityVillage, the officer Patrol Officer shall be responsible for maintaining the proper chain of custody for said portion of the tested sample. Within two (2) working days after the test is administered, the officer Patrol Officer may request a meeting with the ChiefChief of Police, with or without Union representation. At any such meeting, the officer Patrol Officer and/or the Union may raise issues relating to the testing, including the basis for reasonable suspicionprobable cause. The officer Patrol Officer shall also have a one-time only option at this meeting to admit to a drug/alcohol problem and to seek assistance from the City’s Village's Employee Assistance Program (“"EAP”"). This option is not available in specified situation testing situations b. or e. above, or in the case of any conduct that is prohibited under Section B.3 above, or is otherwise subject to discipline, and/or that constitutes grounds for prosecution under the criminal of traffic laws of the State of Illinois and/or ordinances of any municipality. If the employee limited option is available to the Patrol Officer, and the Patrol Officer invokes this option, the test results shall not be made available to the CityVillage. Except where However, the officer Village still retains the right to ensure the Patrol Officer's fitness for duty prior to the Patrol Officer's returning to full-duty status. If the Patrol Officer invokes the time one-time only option option, the Patrol Officer may be required to admit enter and successfully complete the EAP or other treatment program. The Patrol Officer may also be required to submit to periodic, non-random testing with the problem understanding that if the Patrol Officer again tests positive, the Village may take such action as the Village in its discretion deems appropriate. The Village in any event retains the right to take such action as the Village in its discretion deems appropriate if a Patrol Officer engages in conduct prohibited by Section B.3 of this Appendix, or engages in conduct that is otherwise subject to discipline and is aggravated by drug or alcohol abuse. and to seek assistance from the EAP, the results of any positive tests shall be made available to the CityVillage. If an officer a Patrol Officer tests positive for the use of a proscribed drug, the City Village may take such action as the City Village in its discretion deems appropriate, up to and including discharge but also including demotion or reassignment. The first time an officer a Patrol Officer tests positive for substance abuse involving something other than a proscribed prescribed drug, and/or if the officer Patrol Officer invokes the one-time only option to admit to the problem and to seek assistance from the EAP, the officer Patrol Officer shall be required to enter and successfully complete the EAP, during which time the officer Patrol Officer may be required to submit to random testing, as determined by and for the duration specified by the EAP counselor, testing with the understanding that if the employee Patrol Officer again tests positive the City Village may take such action as the City Village in its discretion deems appropriate, up to and including discharge. The City Village in any event retains the right to take such action as the City Village in its discretion deems appropriate if an employee a Patrol Officer engages in conduct prohibited by Section B.3 of this Appendix, or in conduct that is otherwise subject to discipline and is aggravated by drug or alcohol abuse. Conduct prohibited by Section B.3 of this Appendix shall be cause for discipline, including termination, subject to the grievance and arbitration procedure set forth in Article VII of this Agreement.