Common use of Testing for Drugs Clause in Contracts

Testing for Drugs. A. It is policy of the Town of Franklin to conduct drug testing of Police Officers, where there is a probable cause to do so. B. Where the Chief of Police has probable cause to believe that an officer is under the influence of a controlled substance while on duty, the Chief may require the police officer to submit a test sample for drug screening by means of urine analysis to detect the presence of non-prescribed drugs or controlled substances. C. The affected officer may initiate a review of the Chief's directive. If requested, a special panel shall review the Chief's directive. The panel shall consist of the Town Administrator, one ranking officer appointed by the Chief, and one officer appointed by the Union with, other than the Town Administrator, no individual to serve on consecutive panels for review of drug testing directives. 1. To facilitate review, the Chief shall set forth the basis for probable cause in writing immediately after they determine that probable cause exists. The review shall be based upon the written probable cause statement. The purpose of review is to decide only whether the Chief had reliable information, at the time they requested the sample, to establish probable cause to request a screening. The panel will meet and have the right to request corroborating information that the Chief has, if any, in order to assist their review. The panel shall also consider any exculpatory information that is available including any explanation of information regarding the use of prescribed or non-controlled substances, or the exposure to controlled substances. The special review shall be conducted and concluded within twenty-four (24) hours of the time the Chief required the test sample, or as soon thereafter as is practicable. D. If the special review panel concludes that the Chief had probable cause to believe that the officer was under the influence of a controlled substance that was not lawfully taken or the result of an accidental exposure, then such testing shall be conducted. If the panel finds that the probable cause did not exist, the sample shall not be tested and shall be destroyed. The panel's determination that the Chief lacked probable cause at the time of their initial determination shall not by itself preclude a subsequent order to test based upon additional information received after the initial determination. E. At the time the test sample is provided by the officer, an original non-tested sample will be given to the officer whether or not testing is conducted by the Town. F. The Medical Review Officer shall give the results of the drug screening test to the Chief of Police and the officer only after compliance with the entire drug testing procedures set forth in the section on conduction tests below. In order for any test results to be accepted, the Town must demonstrate that the chain of custody of any samples has been preserved. A failure to establish chain of custody shall cause the test results to be discarded, and shall render the test result a nullity, and of no consequence or effect. G. Where the Chief has made a probable cause finding under this section, they may place an officer on paid administrative leave pending the results of the drug test or take other action consistent with the law. The officer shall be immediately returned to duty and any other positions or assignments, which they had prior to the drug test if the result is negative, if the review finds a lack of probable cause, if the test is invalidated for any reason, or if the test results remain unavailable after five days. H. If subsequent to the Chief ordering a probable cause drug test, the test result is negative, the review panel finds a lack of probable cause, or the test in invalidated for any reason, the officer shall be immediately returned to duty and to any assignments or positions, which they had prior to the drug test. The officer shall be fully compensated for any lost income. The test and probable cause finding shall thereafter be discarded and shall be considered a nullity and of no consequence or effect.