DEPARTMENT DRUG TESTING PROGRAM

VOLUNTARY DRUG TESTING

1. An individual may volunteer to be drug tested during an official investigation. These individuals will not be placed into the random rotation and will only be considered to be a volunteer during the course of that particular investigation. 2. A number will be used to identify and label the testing sample(s). The identifying number will begin with VO, for VOLUNTARY testing followed by a number assigned by the department/sample collector. NO SAMPLES WILL BEAR THE MEMBER'S NAME. 3. Steps 5 thru 12 outlined above in the Random Drug Testing section will apply to this section

The department's workplace testing program allows for testing under the following circumstances:

1. Applicants for employment by the LVMPD may be tested as a condition of employment; 2. Recruits attending the police and corrections training academies may be tested as a condition of continued employment; 3. Members may be tested based upon reasonable suspicion of drug use or alcohol impairment; 4. Members will participate in random drug testing as a result of collective bargaining; 5. Members will be subject to random drug testing as a condition of assignment to a specialized unit involved in the performance of safety or security sensitive functions, drug interdiction or the handling of drugs; 6. Members will be subject to drug testing upon transfer into a specialized unit directly involved in the performance of safety or security sensitive functions, drug interdiction or the handling of drugs; 7. Non-commissioned members currently employed by the Department, who are applying for commissioned positions within the Department, may be tested by the Human Resources Bureau to determine their eligibility as a commissioned applicant. 8. Members may volunteer to be drug tested during an official investigation; 9. Designated appointed members of the Sheriff's staff (as determined by the Sheriff and including himself) will participate in random drug testing. All members must present photographic identification (driver's license, department identification, etc.) at the time of collection. Members will be entitled to representation by their bargaining association anytime during the drug testing process. Refusal to test or evidence of sample tampering/alteration will be dealt with according to department policies and bargaining association contracts.

REASONABLE SUSPICION DRUG TESTING

1. Members are required to take drug tests on the basis of reasonable suspicion (as defined above) as a condition of continued employment in order to ascertain prohibited use. Upon determination that a reasonable suspicion drug test is necessary, the investigating supervisor will notify and coordinate with Internal Affairs Bureau (IAB) prior to proceeding with sample collection. 2. The IAB and the investigating supervisor will document the reasonable suspicion on a Statement of Complaint, LVMPD 272, and ensure that the proper drug test(s) are conducted. Documentation of the reasonable suspicion will be provided to the member prior to the actual test. 3. Articulable or observable occurrences which may be relied upon in determining whether reasonable suspicion exists may include, but not be limited to: a. Information from a reliable source regarding use, possession, or sale of drugs by a department member. b. The use of force, or serious on-duty injury to the member or another person. c. Vehicle accident(s). d. Reduced productivity, high absenteeism, or other incident(s) or behavior inconsistent with previous behavior or desirable performance. e. Visual observation of physical manifestations, such as track marks, slurred speech, dilated pupils, or staggering. (With such symptoms, commissioned supervisors will have the member perform a field sobriety test before at least two witnesses and have the drug test as soon as possible; civilian supervisors will contact the Internal Affairs Bureau to respond and conduct the field sobriety test.) 4. Members to be tested will be required to provide a sample of urine, blood, breath or combination thereof, as determined by the department. Reasonable suspicion sample collection will occur at a facility/location or by a sample collector deemed appropriate by the department, ensuring that the nature of the collection remains confidential. 5. A number will be used to identify and label the testing sample(s). The identifying number will begin with RS for Reasonable Suspicion, followed by a number assigned by the department/sample collector. NO SAMPLES WILL BEAR THE MEMBER'S NAME. 6. A Chain of Custody and Control Form, LVMPD ISD 83, must be completed at the time of collection. 7. Sample collection will be visually monitored by a sample collector. The observer will be same gender as the member being tested. 8. Samples of both urine and blood may be taken and will be collected in the urine collection containers and/or blood alcohol kits provided by the department/sample collector. A sufficient amount of the biological fluid(s) must be provided to split the sample into the Department fraction (D) and the Employee fraction (E). The "D" sample will be tested by the Forensic Laboratory. The "E" sample will be retained by the Forensic Laboratory in the event of a positive test and subsequent testing at the request of the member. All samples will be sealed in the presence of the member. 9. Refusal to submit to a required drug test or evidence of sample tampering or alteration will be deemed evidence of willful misconduct by the member, and the member will be subject to termination. 10. Upon completion of the sample collection, the member will be released to the custody of a supervisor in his chain of command who will then place the member on Administrative Leave, pending the results of the drug test, by completing LVMPD 117, Notice of Relief of Duty (see 5/101.28). 11. The sample(s) will be transported to the Forensic Laboratory by the sample collector or by Forensic Laboratory personnel for testing which will be conducted by the Forensic Laboratory according to protocol delineated in Drug Testing Methodology. Tests for the presence of alcohol, illicit, prescription, or over-the-counter drugs may be performed on any reasonable suspicion sample. Testing of the samples collected from members assigned to the Forensic Laboratory will be conducted by an independent testing laboratory chosen by the department. 12. Following the analyses, written reports of all results will be forwarded to the MRO for review. The MRO will conduct a verification process on any reported positive results, will ensure a Garrity Advisory is completed and will notify IAB of any verified positives. As part of the verification process, the MRO will attempt to contact the member to discuss the test results. If the member does not respond to the MRO's request for contact within 24 hours, the MRO will notify IAB, who will then be responsible for making the contact. IAB will conduct an investigation as outlined in Department Manual Section 5/101.26 on all verified positive results. 13. In the event of a positive test, the member may elect to have the "E" sample tested by an independent laboratory. Following the initial notification of a positive result, the member has 72 hours to inform the MRO of a request to have the "E" sample tested by an independent laboratory specified by the department. The MRO will advise the Forensic Lab of the request in written form. To maintain the appropriate chain of custody, split samples will not be released to members. The Forensic Laboratory will release the sample to a representative of the independent testing laboratory or mail the sample to the independent laboratory. Results obtained by the independent testing laboratory will be provided to the Forensic Laboratory and then provided to the MRO.

RANDOM DRUG TESTING

1. Random testing will be conducted by squad and supervisory personnel will ensure members under their command comply with the provisions of this section. Department members who are assigned to Temporary Duty will be tested with their TDY assignment squad. 2. Random drug testing will be performed on: a. Commissioned and civilian members as provided in their collective bargaining agreement; 1. Members of units which performs security or safety sensitive functions, as determined by the Sheriff. 3. Members to be drug tested will: a. Undergo random drug testing as provided in their collective bargaining agreement and/or as a condition of continued assignment to a specialized unit, and b. Be selected for the testing by means of a computerized program based on their squad assignment and maintained by the Internal Affairs Bureau (IAB). 4. A number will be used to identify and label the testing sample(s). The identifying number will begin with RA, for RANDOM, followed by a successive number assigned by the department/sample collector. NO SAMPLES WILL BEAR THE MEMBER'S NAME. 5. A Chain of Custody and Control Form, LVMPD ISD 83, or comparable, must be completed at the time of the collection. 6. Department members will have the option of providing either a urine or hair sample, provided that sufficient hair is available (120 strands of hair that is at least one-half inch in length). A maximum of 40 centimeters / 1.5 inches will be retained for testing. If sufficient head hair is not available, other body hair of sufficient quantity (chest, armpit, leg hair) may be submitted. If sufficient hair is still not available, the department member must provide a urine sample. An authorized sample collector will be present for the collection. If a urine sample is provided, the sample collector will be present for the collection, outside the restroom door, with no visual observation, to ensure that the samples are from the member and were passed at the time recorded. 7. The collected hair or urine sample will be split into two containers provided by the department/collector. A sufficient amount of the hair or urine must be provided to split the sample into the Department fraction (D) and the Employee fraction (E). The "D" sample will be tested according to protocol delineated in the Drug Testing Methodology section below. The "E" sample will be retained by the Forensic Laboratory in the event of a positive test and subsequent testing at the request of the member. All samples will be sealed in the presence of the member. 8. A member's refusal to provide a sample or evidence of sample tampering/alteration will be dealt with according to department policies and bargaining association contracts. 9. A member will be permitted, at the conclusion of the department's random drug testing process, to leave the workplace in order to provide a sample for their own independent test. This will require both supervisory approval, based on Department manpower needs and the submittal of the appropriate leave request. The independent test will be at the member's own expense. 10. The sample will be transported to the Forensic Laboratory by the sample collector or by Forensic Laboratory personnel for testing. Testing will be conducted according to protocol delineated in Drug Testing Methodology. Tests for the presence of illicit drugs will be performed. Testing of urine samples collected from members assigned to the Forensic Laboratory will be conducted by an independent testing laboratory chosen by the department. 11. Following the analyses, written reports of all results will be forwarded to the MRO for review. The MRO will conduct a verification process on any reported positive results, will ensure a Garrity Advisory is completed and will notify IAB of any verified positives. As part of the verification process, the MRO will attempt to contact the member to discuss the test results. If the member does not respond to the MRO's request for contact within 24 hours, the MRO will notify IAB, who will then be responsible for making the contact. IAB will conduct an investigation as outlined in Department Manual Section 5/101.26 on all verified positive results. As a result of a verified positive drug test, the member will be placed on administrative leave per 5/101.28, Authority to Relieve from Duty. 12. In the event of a positive test, the member may elect to have the "E" sample tested by an independent laboratory. Following initial notification of a positive result, the member has 72 hours to inform the MRO of a request to have the "E" sample tested by an independent laboratory specified by the department. The MRO will advise the Forensic Lab of the request in written form. To maintain the appropriate chain of custody, split samples will not be released to members. The Forensic Laboratory will release the sample to a representative of the independent testing laboratory or mail the sample to the independent laboratory. Results obtained by the independent testing laboratory will be provided to the Forensic Laboratory and then provided to the MRO.

DRUG TEST RESULTS/CONFIDENTIALITY

1. The drug testing results will be provided to the member by the Internal Affairs Bureau 2. All records pertaining to department required drug tests will remain confidential, and will not be provided to other employers or agencies without the written permission of the person whose records are sought. The Forensic Lab will dispose of appropriate samples based upon established protocol for the destruction of blood and urine.

TRANSFER DRUG TESTING

1. Transfer drug testing will be performed on members as a condition of entrance into specialized units which are directly involved in the performance of safety or security sensitive functions, drug interdiction or the handling of drugs. These specialized units include, but are not limited to, Gang Crimes Bureau, Counter Terrorism Bureau, Vice-Narcotics Bureau, Support Operations Bureau, Criminalistics Bureau, Forensic Laboratory, Evidence Vault, helicopter pilots and mechanics, and motorcycle mechanics. (NOTE: It is the responsibility of the respective bureau/area commander to ensure personnel transferring into the unit are required to take this initial transfer drug test.) 2. The member will provide a urine sample within twenty-four hours after being notified of the requirement by their newly assigned bureau/area commander or his designee. 3. A number will be used to identify and label the testing sample(s). The identifying number will begin with TR, for TRANSFER into a specialized unit followed by a number assigned by the department/sample collector. NO SAMPLES WILL BEAR THE MEMBER'S NAME. 4. Steps 5 thru 12 outlined above in the Random Drug Testing section will apply to this section.

Medical Review Officer (MRO

A licensed physician, holding either a Doctor of Medicine (M.D.) or Doctor of Osteopathy (D.O.) degree, certified by an approved MRO certification board. The MRO reviews collection information and laboratory reports, interviews members/donors, and interprets test results on reasonable suspicion tests, positive random tests, and other tests deemed appropriate by the department. The MRO will be provided formal lab reports detailing specific drug concentration levels when they exceed prescribed cutoffs as positive findings. Those with drug concentration levels below prescribed cut-offs, will be reported as "Negative". Neither positive nor negative reports provided to the MRO will include analytical data which was generated during the analysis.

Drug Test

A test of urine, hair, or blood, or a combination thereof, selected by the department, unless otherwise noted, and conducted under approved conditions, to detect the common drugs of abuse.

AMNESTY PROVISION FOR SELF-REPORTING

An employee may voluntarily identify himself/herself as a user or an abuser of prescription drugs prior to being identified through other means. Such self-identification may occur through any person in the employee's chain-of-command or an Association representative. Under these circumstances, the employee will participate in a mandatory rehabilitation program paid for by the employee and/or the appropriate health insurance carrier. The employee will also be subject to the conditions of a Last Chance Agreement which will include unannounced testing for a two (2) year period. This Last Chance Agreement is not subject to any purge provisions set out by contract or policy and will remain as an employment record throughout the employee's employment or subsequent re-employment. However, as a special condition of the amnesty program, the Last Chance Agreement will only remain in the employee's personnel file consistent with the department's purge policy for a major suspension. Thereafter, the document will be maintained in a separate file and can be acted upon if any other subsequent drug related offenses arise. Any failure on the part of the employee to meet the provisions of the Last Chance Agreement will be cause for termination. At any time after self-identification, wherein the employee tests positive for a prescription drug that is being abused, the department will have cause for termination.

PROHIBITED ACTIVITY

The following will apply to all members. 1. No member will illegally possess any controlled substance. 2. No member will ingest any controlled substance or other dangerous substance, unless prescribed for the member by a licensed medical practitioner. 3. No member will ingest any prescribed or over-the-counter medication in amounts beyond the recommended dosage and may be required to report some prescribed medications to the Health and Safety Services Section per Department procedure, 5/110.24, Drug Free Workplace. 4. Members who unintentionally ingest, or who are made to ingest a controlled substance will immediately report the incident to their supervisor so that appropriate medical steps may be taken to ensure the member's health and safety. 5. Members having a reasonable suspicion to believe that another member is illegally using or possessing any controlled substance will immediately report the facts and circumstances to their supervisor. 6. Members should be aware that the use of hemp oil products will not be an acceptable defense for a positive tetrahydrocannabinol (THC) drug test.

Reasonable Suspicion

A quantity of proof or evidence that is more than a hunch, but may be less than probable cause. Reasonable suspicion of prohibited drug use will be based upon, among other things: a. Observable phenomena, such as direct observation of drug use or possession and/or the physical symptoms of being under the influence of a drug. b. A pattern of abnormal conduct or erratic behavior. c. Arrest or conviction for a drug-related offense, or the identification of an employee as the focus of a criminal investigation into illegal drug possession, use, or trafficking d. Information provided either by reliable and credible sources or independently corroborated, including a positive result on any department-administered drug test. e. Newly discovered evidence that the employee has tampered with a previous drug test.

5/110.26 DEPARTMENT DRUG TESTING PROGRAM

The law enforcement profession has uniquely compelling interests, supported by United States Supreme Court decisions, to implement the use of member substance abuse testing.