Dear Alderfolk - Police Contract
Dear Members of the Common Council:
In recent weeks, our organization has FOILed and reviewed the Kingston Police Departments current PBA contract that expired in 2016 in an effort to find ways to increase accountability, transparency and security among our police force. We have found several problematic portions of the contract that we believe need to be removed, amended or otherwise improved upon in order to achieve these goals. We have compiled them here along with suggested replacements when appropriate, and appreciate your time in reviewing this document.
We also encourage you to read the contract in full yourselves, in order to gain a better appreciation of the protections and entitlements granted to officers of the Kingston Police Department by the Common Council when a new final contract is approved. Given that Mayor Steve Noble is in active negotiations right now, we feel this matter demands your attention. The nature of these problematic provisions presented here is in our estimation currently a grave disservice to Kingston residents, and if these provisions remain unchanged we ask you to vote NO on the new contract.
Thank you for your time,
Rise Up Kingston
For more information or questions, please contact Cassandra@riseupkingston.org
“The City will indemnify all employees against losses arising out of any judgments of claims for acts committed by them in the discharge of their duties and in the course of their employment, provided that such losses did not result from the willful and wrongful act or gross negligence of the employee.”
“Indemnification for General Damages.
The Employer hereby indemnifies and shall provide insurance coverage, if available, for employees acting within the scope of their authority and in the proper performance of their duties, protecting them from legal actions against them, which shall include, but not be limited to, civil suits, false arrest suits, detention or imprisonment, malicious prosecution, libel, slander, defamation or violation of right of privacy, wrongful entry or eviction or other invasion of civil rights, and which shall cover compensatory damages on both the state and federal level.”
Source: Collective Bargaining Agreement between City of Hudson and HUDSON POLICE, LOCAL 3979, LAW ENFORCEMENT OFFICERS UNION, COUNCIL 82, AFSCME, AFL-CIO, effective 2005-2008
Article 12, Section 1
“Since all police officers are presumed to be subject to duty 24 hours each day, any action taken by an employee on his/her time off, which would have been taken by a police officer on duty, shall be considered police action and the employee shall have all rights and benefits of police officers as if he/she were on duty, and in the event the police officer becomes injured or ill for taking police action”
A. A police officer who is off duty is not relieved of his/her obligation to preserve the peace, or protect lives and property. By reason of the foregoing, the City agrees that an employee who makes a valid arrest off duty shall be fully covered, insured and indemnified against claims of false arrest, imprisonment, assault, and other personal liability, and by applicable law, to the same extent as if he/she had made the arrest while on duty. The term valid arrest, as used herein, shall mean an arrest which has been declared to have been lawfully made by a Court of competent jurisdiction under the laws of the United States or the State of New York under an interstate compact. In addition, any police officer who is injured in the course of, or is taken sick as a result of, making an off duty arrest or booking a prisoner, shall be afforded the benefits provided by General Municipal Law Section 207-c, and all rights, entitlements and benefits of a police officer on duty. The City agrees that a police officer who makes an off duty arrest shall be paid a minimum of four (4) hours of overtime pay, except as set forth below, or the actual time spent on the arrest or booking of the prisoner, whichever is greater.
B. Police" officers who are injured in the course of making an arrest or booking a prisoner pursuant to such off duty incidents shall be afforded the benefits provided by General Municipal Law Section 207-c. Effective November 17,2009, this section shall be deleted.
C. For all purposes other than General Municipal Law Section 207-c, such police officers are deemed to be off duty, without any right to compensation, benefits, or any of the other entitlements of a police officer on duty. Effective November 17, 2009, this section shall be deleted.
D. No claim will be made by the PBA or any employee for any benefits, payment or other entitlements that would be due to an on duty police officer except for the benefits of General Municipal Law Section 207-c, as aforesaid. Effective November 17, 2009, this section shall be deleted
E. A police officer who is off duty is not relieved of his/her obligation to preserve the peace or protect lives and property. By reason of the preceding, it is agreed that the entitlement to General Municipal Law Section 207-c benefits, as herein provided, is limited to the situation in which the off duty police officer is injured while making an arrest or processing and booking a prisoner within the course and scope of the police officer's duties as a police officer and that such General Municipal Law Section 207-c entitlement shall not be due or received where the injury occurred while the police officer was protecting the interests of a private employer outside the scope of the officer's otherwise applicable responsibility, on duty or off duty, for the preserving of the peace and the protecting of lives and property. Effective November 17, 2009, this section shall be deleted.
F. Effective November 17, 2009, a police officer who receives approval by the Chief of Police or designee to engage in off duty employment pursuant to Section 26 of the Police Department Rules and Regulations, and is injured or is taken sick as a result of making an off duty arrest or booking a prisoner, shall be afforded the benefits provided by General Municipal Law Section 207-c, and all rights, entitlements and benefits of a police officer on duty as set forth in Section 7(A) above, except the minimum overtime pay. The following procedures are to be followed when making an arrest while working off duty employment regarding payment of overtime:
The off duty police officer shall notify Police Headquarters and advise the on duty Watch Commander or designee of the available facts pertaining to the incident and arrest.
The Watch Commander or designee receiving the notification that a police officer working off duty employment has taken police action, the Watch Commander or designee shall have an on duty police officer respond to the location of the incident.
The on duty police officer(s) shall complete all aspects associated with the arrest and booking of the prisoner. This includes, but is not limited to, transporting the defendant, processing the defendant (including all associated reports such as the arrest report and booking reports, informations or accusatory instruments, etc.). The off duty police officer shall complete a detailed report upon returning to his/her next regularly scheduled tour of duty, unless the Watch Commander or designee directs that the report be completed earlier than set forth herein. In that event, the off duty police officer shall be paid the guaranteed minimum four (4) hours of overtime as set forth in Section 7(A) above.
In the event the Watch Commander or designee determines that there is no available on duty police officers) available to respond in a timely manner, the Watch Commander or designee shall activate the off duty employee to on duty status who shall complete all aspects associated with the arrest and booking of the prisoner. This includes, but is not limited to, transporting the defendant, processing the defendant (including all associated reports such as the arrest report Poughkeepsie 2009-2011 Final Agr - 7/26/10 9 and booking reports, informations or accusatory instruments, etc.). In that event, the off duty police officer shall be paid the guaranteed minimum of four (4) hours of overtime as set forth in Section 7(A) above.
Source: Collective Bargaining Agreement between City of Poughkeepsie and City of Poughkeepsie PBA, effective 2009-2011.
Article 13, Section 5
“No employee shall be ordered or requested to submit to a polygraph for any reason”
Article 13, Section 6
“No employee shall be required to submit to a blood test , breathalyzer test or any other test to determine the percentage of alcohol in his/her blood for any reason, except as may be provided otherwise by a specific statute.”
APPENDIX "A" SUBSTANCE AND ALCOHOL ABUSE POLICY AND TESTING PROCEDURE
It is the policy of the City of [Kingston] New York to eliminate the use of alcohol and drugs in the workplace and to provide rehabilitation and treatment services to those employees who recognize and seek assistance with problems related to the use of drugs or alcohol. Absenteeism, disciplinary problems, high utilization of health insurance and accidents have all been shown to be adversely affected by substance abuse. It is the purpose of this procedure to eliminate the use of alcohol and drugs in the workplace with the goal of creating a safer, healthier and more efficient workplace while providing support and assistance to employees who affirmatively act to treat problems with alcohol and/or drugs. A violation of this procedure may result in disciplinary action and/or criminal charges against the employee.
PRE-EMPLOYMENT SCREENING The City reserves the right to test all prospective employees for alcohol and/or drugs in all pre-employment physical examinations. The City expressly reserves the right to use the test results in its new hire employment decision.
PROBATIONARY PERIOD The City reserves the right to test all probationary employees through the use of physical examinations and/or the use of the testing procedures herein during that employee's probationary period. A probationary employee shall not be limited to Sections 3.1 and 3.4 of this procedure.
USE/POSSESSION The sale, distribution or unauthorized use or possession of alcohol or drugs or the paraphernalia associated with.these substances is expressly prohibited. It is understood that in the event criminal charges are filed based on the foregoing, it provides grounds for disciplinary action. The disciplinary action and/or penalty sought shall also include the penalties stated in the Rules of Conduct. Reporting for work under the influence of alcohol and/or drugs provides grounds for disciplinary action. The disciplinary action and/or penalty sought shall also include the penalties stated in the Rules of Conduct. It is recognized that the use of prescription drugs may affect the ability of an employee to work safely. However, such use is not intended to be covered by this procedure.
EMPLOYEE SCREENING Except as provided hereinafter, all employees will be required to submit to alcohol and/or drug tests immediately following:
a) discharge of a firearm at a human being or a vehicle occupied by a human being;
b) otherwise discharging a firearm;
c) involvement of a police vehicle in an accident involving injury to an employee or citizen that requires immediate hospital attention*
d) a vehicle chase in which either the police car or the fleeing vehicle is involved in a serious accident; and
e) an employee will be required to submit to testing whenever there is a reasonable basis to believe he/she is improperly using or "under the influence" ** of drugs or alcohol. As a safeguard for the suspected employee, two (2) supervisory employees (a supervisor and the Chief of Police or designee) must witness the behavior and concur that a reasonable basis exists to believe that the employee is under the influence of alcohol or drugs. They must each reduce to writing the factual basis for their "reasonable basis to believe" and the events leading up to their decision to require a test.
Section 1 Alcohol/Drug Testing
1.1 Upon reasonable suspicion to believe an employee is under the influence of alcohol or drugs, the City may require such officer to submit to an alcohol test as set forth in paragraph 2.1 below. A positive test for alcohol is any result above 0.00%. The test shall not be administered until thirty (30) minutes after notification to submit as set forth in paragraph 2.1 below. Reasonable cause to believe an employee is under the influence of alcohol or drugs exists when objective facts and observations are brought to the attention of the department head/supervisor, as hereinafter defined, and based upon the reliability and weight of such information, he/she can reasonably infer or suspect that the employee is under the influence of alcohol or drugs. Reasonable cause must be supported by specific articulable facts and a written report of the findings and facts provided to the employee.
Section 2 Testing Procedures
- Tests for Alcohol
2.1.1 Tests for alcohol shall only be conducted by a breath alcohol technician using a Datamaster breath-testing device. Such device shall be approved by the National Highway Traffic Safety Administration and placed on the Conforming Products List of Evidential Breath Measurement Devices. Effective September 1, 2009, tests for alcohol shall only be conducted by Department of Health and Human Services certified laboratories by conducting a breath test, if possible, using breath analysis equipment that is currently being used by such laboratories, or urine test. The employee(s) shall be transported to the testing site. The testing facility will be designated by the City. The City reserves the right to have the test for alcohol conducted at a certified hospital room in the event the laboratory used is not open for business.
2.1.2 A department supervisor who has not observed or witnessed the alleged violation will administer the alcohol test using the Datamaster device. The supervisor shall be certified to use and operate a Datamaster device. Effective September 1, 2009, this section shall be deleted.
2.1.3 The person designated to make the determination of reasonable suspicion shall not administer the test. Effective September 1, 2009, this section shall be deleted.
2.1.4 An employee shall be paid for all time pertaining to an alcohol test including providing a breath sample and travel time to and from the test site. Such time shall be considered as time worked for the purpose of computing overtime and employee benefits.
2.1.5 Tests for alcohol shall only be conducted during an employee's regularly scheduled work hours.
2.2 Random Alcohol Testing
2.2.1 Random Alcohol Tests: The City shall not administer random alcohol testing to more than 33.3% of the employees annually covered by the collective bargaining agreement.
2.2.2 PBA Observation: During random tests, the PBA shall be afforded an opportunity to be present to observe the testing, subject to the consent of the individual to be tested. Reasonable efforts shall be made to contact the PBA representative of the employee being tested and to give such representative the opportunity to accompany an employee throughout the testing process if requested by the employee. The PBA representative shall have thirty (30) minutes to respond to the testing location from the time contacted, at which time the testing shall begin.
2.2.3 Selection of Employees: The City shall select employees for testing only through a computer-based random number generator utilizing an appropriate employee identification number. Upon request, the City shall provide the PBA with a list of all employees tested, as well as the computer-generated list, so the PBA can verify the randomness.
2.2.4 Limitations: No employee shall be subject to random alcohol testing more than two (2) times in any twelve (12) month period. 2.3 Tests for Prohibited Drugs:
2.3.1 Tests for prohibited drugs shall be conducted only by urinalysis and shall be performed only by Department of Health and Human Services certified , laboratories. The employee(s) shall be transported to the testing site.
2.3.2 A specimen may be tested only for cocaine, marijuana, opiates, amphetamines and phencyclidine. A specimen may not be used to conduct any other analysis or test except as herein after described.
2.3.3 The specimen will be sent to a laboratory certified by the Department of Health and Human Services and tested for the substances set forth in
2.3.2. Any level which tests positive at the highest cutoff levels, as set forth in Federal Regulations 49 CFR40, on an initial screening test will be confirmed by Gas Chromatography/Mass Spectrometry (GC/MS). Only those specimens which are confirmed as positive in the GC/MS tests are reported as such. Both specimens will be paid for by the City.
2.3.4 A "split sample" method of collection shall be used. The employee shall urinate into a collection container which the collection site person, in the presence of the donor and after determining specimen temperature, pours into two (2) specimen bottles.
A. The first bottle is to be used for the test pursuant to this procedure and. 60 ml. of urine shall be poured into it. Up to 60 ml. of the remainder of the urine shall be poured into the second specimen bottle.
B. All requirements of this procedure and any applicable regulations shall be followed with respect to both samples, including the requirement that a copy of a chain of custody form accompany each bottle processed.
C. Any specimen collected under "split sample" procedures must be stored in a secured, refrigerated environment and an appropriate entry made in the chain of custody form.
D. If the test of the first bottle is positive, the employee may request that the Medical Review Officer (MRO), as hereinafter defined, direct that the second bottle be tested for presence of the drug(s) for which a positive result was obtained in the test of the first bottle. If the result of the second test is negative, no further action shall be taken against the employee. In the event both tests are positive, the affected employee has the option to have an independent test of either or both samples, at the City's expense, within forty-eight (48) hours of receiving notification of the second positive result, by a certified hospital or laboratory as described herein. The purpose for such a test is to rule out the interference of food and/or over the counter drugs which may give a false reading of a "positive" for a new prescription drug.
2.3.5 Visual observation of urination shall be by an individual that is the same gender as the employee providing the specimen.
2.3.6 In accordance with the Federal Regulations, the employee shall be permitted to be present to observe the sealing and tagging of the specimen containers.
2.3.7 An employee shall be paid for all time pertaining to a drug test including providing a urine sample and travel time to and from the collection site in the event the test is negative. Such time shall be considered as time worked for the purpose of calculating overtime and employee benefits. If an employee tests positive for prohibited drugs following a reasonable suspicion test, the City shall not be obligated to pay the employee beyond the regular hours of work.
2.3.8 All drug testing shall be conducted during an employee's regularly scheduled work hours or the two (2) hours immediately preceding or subsequent to a regularly scheduled tour of duty. The payment of overtime shall be as set forth in Section 2.3.7 above. The City reserves the right to have the drug test conducted at a certified hospital emergency room in the event the laboratory used is not open for business.
2.3.9 Each drug test shall be reviewed by the MRO to ensure compliance with all procedures, as well as all Federal Regulations, including the validity of the test.
Section 3 Random Drug Testing
Random Drug Tests: The City shall not administer random drug testing to more than 33.3% of the employees annually covered by the collective bargaining agreement.
3.2 PBA Observation: During random tests, the PBA shall be afforded an opportunity to be present to observe the testing, subject to the consent of the individual to be tested. Reasonable efforts shall be made to contact the PBA representative of the employee being tested and to give such representative the opportunity to accompany an employee throughout the testing process if requested by the employee. The PBA representative shall have thirty (30) minutes to respond to the testing location from the time contacted, at which time the testing shall begin.
3.3 Selection of Employees: The City shall select employees for testing only through a computer-based random number generator utilizing an appropriate employee identification number. Upon request, the City shall provide the PBA with a list of all employees tested, as well as the computer-generated list, so the PBA can verify the randomness.
3.4 Limitations: No employee shall be subject to random drug testing more than two (2) times in any twelve (12) month period.
Section 4 Reasonable Suspicion Testing
4.1 Determination of Reasonable Suspicion: The persons designated to determine whether reasonable suspicion exists to require a covered employee to undergo alcohol or drug testing (hereinafter referred to as the "designated supervisor") shall be the department head/supervisor who must be of the rank of Sergeant or above.
4.2 Removal Based on Behavior or Appearance Alone: Whenever no approved testing devices are available and an employee is removed from the employee's safety-sensitive function based on behavior and/or appearance alone, the employee shall be assigned to duties within the employee's job description which do not require the performance of safety-sensitive functions, or the employee shall be sent home without loss of pay or leave credits.
4.3 Documentation of Reasonable Suspicion: Whenever the designated supervisor finds the available facts objectively indicate that reasonable suspicion exists that a test of the employee would yield a positive result for the misuse of alcohol or prohibited drugs, and as soon as practicable after an order to test is given, without causing an undue delay in the testing process, the City shall document the facts contributing to and forming the basis for the reasonable suspicion.
These facts shall include, but not be limited to:
(1) a description of the employee's appearance, behavior and speech;
(2) names of witnesses to the employee's appearance, behavior and speech, where practicable;
(3) if the employee's appearance, behavior or speech is not the basis for testing, the facts used to support a determination of reasonable suspicion and the source of the information. A written memorandum setting forth the basis of the reasonable suspicion shall be provided to the affected employee within twenty-four (24) hours of the test decision.
4.4 Initial Training of Supervisors: Supervisors designated to determine whether reasonable suspicion exists to require a covered employee to undergo alcohol or drug testing shall receive two (2) hours of formal training on the physical, behavioral, speech and performance indicators of probable misuse of alcohol or use of prohibited drugs.
Such training must be completed before the supervisor can require an employee to undergo a test. Effective November 17, 2009, supervisors designated to determine whether reasonable suspicion exists to require an employee to undergo alcohol testing shall be required to attend at least one (1) of the following training and/or certification classes:
1. Improved Sobriety Testing Program through a certified class of the NYS Division of Criminal Justice Services.
2. Alcohol Enforcement Program through a certified class of the NYS Division of Criminal Justice Services.
3. Standardized Field Sobriety Testing Program through a certified class of the NYS Division of Criminal Justice Services.
4. One (1) hour of formal training on the physical, behavioral, speech and performance indicators of the possible misuse of alcohol.
The framing and/or certification shall be completed before and any supervisor can require an employee to undergo an alcohol test based on reasonable suspicion. All Supervisors shall attend any additional and/or Recertification Training as required.
Supervisors designated to determine whether reasonable suspicion exists to require an employee to undergo drug testing shall be required to attend at least one (1) of the following training and/or certification classes:
1. Drugs that impair driving class through a certified class of the NYS Division of Criminal Justice Services.
2. One (1) hour of formal training on the physical, behavioral, speech and performance indicators of the possible misuse of drugs.
All Supervisors shall attend any additional and/or Recertification Training as required.
Follow-up Training of Supervisors: Supervisors designated to determine whether reasonable suspicion exists to require a covered employee to undergo alcohol or drug testing shall attend a refresher course each year on the physical, behavioral, speech and performance indicators of probable misuse of alcohol or use of prohibited drugs. If a supervisor has not attended and completed the refresher course within twelve (12) months of the previous course, the supervisor shall not qualify as a designated supervisor with authority to require an employee to undergo a test. Supervisors who have completed the Municipal Police Training Council Supervisory Course or the refresher course within the preceding twelve month period will be considered as designated to determine reasonable suspicion. Effective November 17, 2009, this section shall be deleted.
4.6 Right to Representation: During reasonable suspicion testing, the PBA shall be afforded an opportunity to be present to observe the testing, subject to the consent of the individual to be tested. Reasonable efforts shall be made to contact the PBA representative of the employee being tested and to give such representative the opportunity to accompany an employee throughout the testing process if requested by the employee. The PBA representative shall have thirty (30) minutes to respond to the testing location from the time contacted, at which time the testing shall begin.
4.7 Statement of Charges and Facts: When a decision is made to test, and to the extent practicable without unduly delaying the testing process, the employee shall be given a verbal explanation of the charges and the factual basis for the reasonable suspicion which shall include a description of the conduct leading to the formation of a reasonable suspicion and the relevant dates, places and times thereof and source of information. A written memorandum setting forth the basis of the reasonable suspicion shall be provided to the affected employee within twenty-four (24) hours of the test decision. If the employee has requested the opportunity to consult with a PBA representative, this explanation shall be made in the presence of a PBA representative. If this cannot be done prior to the test, then it shall be done as soon as practicable thereafter.
Section 5 Consequences of Positive Test
5.1 Due Process Rights: An employee who has tested positive for alcohol misuse or controlled drug use and, consequently, is prohibited from performing safety sensitive functions, shall be given a verbal explanation of the charges and the factual basis for the removal from performing safety-sensitive functions prior to being removed from the safety-sensitive function. In the event the City determines that disciplinary action is warranted, it reserves the right to remove that employee pursuant to Section 75 of the Civil Service Law, if available, to the employee.
The City shall provide the affected employee with a Notice of Discipline within fifteen (15) calendar days after removal.
Reassignment to Non-safetv-sensitive Job Duties: If an employee seeks evaluation and treatment pursuant to Section 6 of this procedure, the City shall make every reasonable effort to assign the employee to duties within the employee's job description excluding safety-sensitive functions until the employee has been recommended by the substance abuse professional for return to full duty provided that said assignment is not inconsistent with the goals and functions of the police department.
5.3 Reassignment to Another Non-safetv-sensitive Position: If the City is not able to assign an employee to duties within the employee's job description pursuant to Section 5.2 above, the City shall make every reasonable effort to assign the employee to another position which does not require the performance of safetysensitive functions until the employee has been recommended by the substance abuse professional for return to full duty in the employee's normal position provided that said assignment is not inconsistent with the goals and functions of the department to which he has been assigned.
5.4 Leave Pending Disciplinary Action: If the City is not able to assign the employee to another position which does not involve safety-sensitive functions pursuant to Section 5.3 above, the employee shall be entitled to utilize available leave time unless the employee takes a leave of absence in accordance with Section 6.6 below.
5.5 Other Alcohol-related Conduct: Whenever an employee is found to have an alcohol concentration above 0.00%, the employee shall be relieved of his/her work assignment for that day. The relieved employee shall have the option to credit that day to any leave time to which he/she is entitled.
Section 6 Referral, Evaluation and Treatment
6.1 The City will assist employees who have a drug or alcohol dependency problem to recover from such addictions, provided the employees seek and accept assistance. This will be kept confidential and is unrelated to the drug and alcohol testing process. The City will provide assistance, referral and advise employees with respect to drug and alcohol abuse when requested. It is important to emphasize that employees with alcohol and/or drug problems who wish to avail themselves of rehabilitative services after informing the City, or seeking other means of rehabilitation, should pursue help before they are required to undergo either random or reasonable suspicion testing, at which point they will be placed in a safety-sensitive position until all rehabilitation requirements are met. The safety of the City's employees is the first and foremost concern. Failure to meet rehabilitation requirements may lead to disciplinary action pursuant to applicable law and the parties' collective bargaining agreement. This is to be considered an employee benefit, not an excuse to condone the use of drugs or alcohol in the workplace.
6.2 Prior to being notified that he/she will be tested for drugs or alcohol, an employee may notify the department head or Mayor that he/she is abusing or misusing drugs or alcohol. An employee who has admitted to such conduct shall be permitted to enter a rehabilitation program for treatment. The time required to be absent from work for such rehabilitation shall be treated as any other illness pursuant to the contract and existing terms and conditions of employment between the City and PBA. An employee who admits to such conduct and enters and successfully completes a rehabilitation program shall not be subject to discipline.
6.3 Designation of Substance Abuse Professional: The substance abuse professional shall be either a licensed physician or a licensed or certified psychologist, social worker or addiction counselor certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission with clinical experience in the diagnosis and treatment of alcohol and prohibited drug related disorders.
6.4 Rehabilitation Program: The City shall make available to employees, a rehabilitation program through the contractual health insurance provider.
6.5 Upon request, an employee shall be provided copies of any reports, results, etc., which are provided to the City by the Substance Abuse Professional (SAP) or rehabilitation program. Such request shall be in writing.
6.6 Rehabilitation/Leave of Absence: An employee may use all accumulated sick leave credits, vacation leave credits, holidays and other such accrued leave time up to the limits set forth in the Collective Bargaining Agreement or other applicable laws, rules or regulations, including any discretionary leave rights prior to requesting a leave of absence. An employee may request a leave of absence without utilizing the said leave credits noted herein above. A leave of absence without pay will be allowed for treatment on an in-patient or out-patient basis. Nothing herein shall be construed to diminish any rights which may apply under the Americans With Disabilities Act, the Family Medical Leave Act or other relevant laws.
6.7 The City will use its best efforts to schedule employees participating in a rehabilitation program to minimize conflicts with the requirements of the rehabilitation program.
6.8 Return to Work: Reinstatement to the employee's position or an equivalent position after completion of a rehabilitation program shall occur upon certification from the program that the employee has satisfactorily participated in the program and the program recommends return to regular duty assignment. The final decision as to whether to permit an employee to return to full duties in the employee's position or an equivalent position shall be made after consultation with the SAP.
6.9 An employee who enters an Employee Assistance Program (EAP) shall not be entitled to enter such a program if he/she should again test positive, unless the City shall agree. Employees who are arrested for a crime, including drugs or whose use of drugs or alcohol, has become known to the City through the employees involvement in an accident that resulted in physical injury or property damage, shall be able to enter an EAP only with the consent of the City.
6.10 Follow-up Testing - Frequency: The number and frequency of follow-up tests shall be as directed by the SAP and consist of at least six (6) tests in the first twelve (12) months following the employee's return to duty involving a safety sensitive function. The City shall not impose follow-up testing beyond the first six (6) tests unless the SAP determines that such further testing is necessary for that particular employee. The total period of follow-up testing shall not in any event exceed sixty (60) months from the date of the employee's return to duty.
Section 7 Disciplinary Procedure
If, as a result of a positive test, the City believes that disciplinary action exists, then discipline may be sought. Time in service and prior offenses, or lack thereof, and the Rules of Conduct shall be considered in determining appropriate penalties to be sought together with any other relevant factors. If the City, as a result of a positive test takes any formal disciplinary action, it shall be processed through the procedures for disciplinary action set forth in the Collective Bargaining Agreement.
Section 8 Medical Review Officer
8.1 The Medical Review Officer (MRO) is a physician knowledgeable in the medical use of prescription drugs, the pharmacology and toxicology of illicit drugs. The MRO's primary responsibility is to review and interpret positive test results. In fulfilling these responsibilities, the MRO is to be guided by the U.S. Department of Health and Human Services (DHHS) Mandatory Guidelines. The City and the affected employees shall agree on the appointment of an MRO. The employees consent to the appointment shall not be unreasonably withheld.
8.2 If any question arises as to the accuracy or validity of a positive test result, the MRO should, in collaboration with the laboratory director and consultants, review the laboratory records to determine whether the required procedures were followed. The MRO then makes a determination as to whether the result is scientifically sufficient to take further action. If records from collection sites or laboratories raise doubts about the handling of samples, the MRO may deem the urinary evidence insufficient and no further actions relative to individual employees will be taken.
8.3 The MRO must also assess and determine whether alternate medical explanations could account for any positive test result. In reviewing the laboratory results, the MRO shall conduct a medical interview with the employee, review the employee's medical history, and review any other relevant biomedical factors. The MRO shall also review any information provided by an employee attempting to show legitimate use of a drug.
8.4 The MRO must ultimately determine whether some reason other than illegal drug use explains a drug-positive urine. If the MRO verifies illegal drug use, the information related to the use of illegal drugs will be disclosed to the City Administrator and to the Chief of Police or designee. Any medical information provided to the MRO that is not specifically related to use of illegal drugs will be treated as confidential and not disclosed. If it is determined with reasonable certainty that there is a legitimate medical or other reason to account for the positive laboratory findings, no information identifying the specific employee will be disclosed and the test results will be reported as negative.
Section 9 Program Confidentiality
9.1 The results of all individual drug and alcohol tests will be kept in a secure location with controlled access.
9.2 All individual test results will be considered confidential. The release of an employee's results will only be given in accordance with the individual employee's written authorization, or as is otherwise required by applicable federal or state law or for use in a disciplinary hearing pursuant to this procedure.
9.3 It is understood that any medical explanation given by an employee to any person involved in this process is strictly confidential.
Section 10 Disputes - Grievance Procedure
10.1 Any dispute, violation, misapplication or misinterpretation of the Substance and Alcohol Abuse Policy and Testing Procedure shall be subject to and go directly to arbitration of the Grievance Procedure as set forth in the Collective Bargaining Agreement.
Section 11 Department Head/Supervisor
11.1 The department head/supervisor must be of the rank of Sergeant or above for the purposes of this procedure.
Source: Collective Bargaining Agreement between City of Poughkeepsie and City of Poughkeepsie PBA, effective 2009-2011.
“The selection of and hiring of personnel shall be the exclusive responsibility of the Board of Police Commissioners.”
No clause such as this found in any other contract reviewed. No replacement suggested at this time.
From Article 10, Section 2
staffing levels are set by the Board of Police Commissioners, and “prior to any change in the minimum staffing levels by the BoPC, it shall provide a minimum of 60 calendar days written notice to the PBA President of the change."
Article 10, Section 5
minimum staffing ratio is calculated by dividing the minimum staffing level requirement by the total # of officers assigned to a tour of duty, the ratio must be between .325 and .425.
12am-8am- 5 / by 13 =.384
8am-4pm- 6 /by 15= .400
4pm-12pm 8 /19 = .421
At this time, we are still reviewing staffing data and contract language from other communities, and comparative crime rates to determine the best replacements