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.
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