Section 1. Statement of County Policy. It is the policy of the Employer that the public has the reasonable right to expect persons employed by the Employer to be free from the effects of drugs and alcohol at all times. The Employer has the right to expect its officers to report for work fit and able for duty and to abide by all the laws. The purposes of this policy shall be achieved in such a manner as to not violate any established rights of the officers.
Section 2. Prohibitions. Officers shall be prohibited from:
(A) consuming or possessing alcohol at any time during the work day or anywhere on any County premises or job sites, including all County buildings, properties, vehicles and the officer’s personal vehicle while engaged in County business, except as required in the line of duty, or illegal drugs at any time and any place except as required in line of duty;
(B) illegally selling, purchasing or delivering any illegal drug, at any time or place, except as required in the line of duty;
(C) being under the influence of alcohol during the course of the work day;
(D) failing to report to their supervisor any known adverse side effects of medication or prescription drugs, which they are taking.
Section 3. Drug and Alcohol Testing Permitted. Where Employer has reasonable suspicion to believe that an officer is then under the influence of alcohol or illegal drugs during the course of the work day, Employer shall have the right to require the officer to submit to alcohol or drug testing as set forth in this Agreement. A supervisor must certify his reasonable suspicions concerning the affected officer prior to any order to submit to the testing authorized herein. There shall be no random or unit-wide testing of officers, except random testing of an individual officer as authorized in Section 8 below. The foregoing shall not limit the right of Employer to conduct such test as it may deem appropriate for persons seeking employment as officers prior to their date of hire. Officers shall disclose the use of prescription drugs, to the Sheriff, if in the opinion of the prescribing physician, the drug may affect the officer in the performance of his duty.
Section 4. Order to Submit to Testing. At the time an officer is ordered to submit to testing authorized by this Agreement, the Employer shall provide the officer within two (2) written notice of the order, setting forth all of the objective facts and reasonable inferences drawn from those facts which have formed the basis of the order to test. The officer shall be permitted an opportunity to consult with a representative of the FOP or legal counsel at the time the order is given. No questioning of the officer shall be conducted without first affording the officer an opportunity to consult FOP or legal counsel. Refusal to submit to such testing may subject the officer to discipline, but the officer’s taking of the test shall not be construed as a waiver of any objection or rights that he may have.
Section 5. Tests to be Conducted. In conducting the testing authorized by this Agreement, the Employer shall:
(A) use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the National Institute of Drug Abuse (NIDA);
(B) insure that the laboratory or facility selected conforms to all NIDA standards;
(C) establish a chain of custody procedure for both sample collection and testing that will insure the integrity of the identity of each sample and test result. No officer covered by this Agreement shall be permitted at any time to become a part of such chain of custody;
(D) collect a sufficient sample of the same bodily fluid or material from an officer to allow for initial screening, a confirmatory test, and a sufficient amount to be set aside reserved for later testing if requested by the officer;
(E) collect samples in such a manner as to preserve the individual officer’s right to privacy, insure a high degree of security for the sample and its freedom from adulteration. Officers shall not be witnessed by anyone while submitting a sample, except in circumstances where the laboratory or facility does not have a “clean room” for submitting samples or where there is reasonable belief that the officer will attempt to compromise the accuracy of the testing procedure.
(F) confirm any sample that tests positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography, plus mass spectrometry or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug metabolites;
(G) provide the officer tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the officer’s own choosing, at the officer’s own expenses; provided the officer notifies the Sheriff within seventy-two (72) hours of receiving the results of the tests;
(H) require that the laboratory or hospital facility report to the Employer that a blood or urine sample is positive only if both the initial screening and confirmation test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the Employer inconsistent with the understandings expressed herein (e.g. billings for testing that reveal the nature or number of tests administered), the Employer will not use such information in any manner or forum adverse to the officer’s interests;
(I) require that with regard to alcohol testing, for the purpose of determining whether the officer is under the influence of alcohol, test results that show an alcohol concentration of .10 or more based upon the grams of alcohol per 100 milliliters of blood be considered positive (Note: the foregoing standard shall not preclude the Employer from attempting to show that test results below .10 demonstrate that the officer was under the influence, but the Employer shall bear the burden of proof in such cases;
(J) provide each officer tested with a copy of all information and reports received by the County in connection with the testing and the results;
(K) insure that no officer is the subject of any adverse employment action except emergency temporary reassignment with pay during the pendency of any testing procedure. Any such emergency reassignment shall be immediately discontinued in the event of a negative test result.
Section 6. Right to Contest. The Union and/or the officer, with or without the Union, shall have the right to file a grievance concerning any testing permitted by this Agreement, contesting the basis for the order to submit to the tests, the right to test, the administration of the tests, the significance and accuracy of the tests, the consequences of the testing or results or any other alleged violation of this Agreement. Such grievances shall be commenced at Step 2 of the grievance procedure. It is agreed that the parties in no way intend or have in any manner restricted, diminished or otherwise impaired any legal rights that officers may have with regard to such testing. Officers retain any such rights as may exist and may pursue the same in their own discretion, with or without the assistance of theUnion.
Section 7. Voluntary Requests for Assistance. The Employer shall take no adverse employment action against an officer who voluntarily seeks treatment, counseling or other support for an alcohol or drug related problem, provided the officer voluntarily discloses his problem prior to detection of the problem. The Employer shall make available through its Employee Assistance Program a means by which the officer may obtain referrals and treatment. First time voluntary requests shall be confidential and any information received by the Employer, through the EAP in the first instance, shall not be used in any manner adverse to the officer’s interests. This Section only provides protection to officers for the first instance of alcohol or drug-related problems. Officers may utilize accrued paid leave for treatment under this Section.
Section 8. Discipline. Officers who test positive on both the initial and confirmatory tests for illegal drugs may be subject to discipline. The officer will be entitled to assert during any disciplinary process and the Merit Commission will have the right to consider that treatment in lieu of or in addition to some disciplinary action is appropriate. In the first instance prior to detection by Employer that an officer is found to be under the influence of alcohol, and all officers who voluntarily seek assistance with drug and/or alcohol related problems prior to detection by the Employer, shall not be subject to any disciplinary action by the Employer. The foregoing is conditioned upon:
(A) the officer agreeing to appropriate treatment as determined by the physician(s) involved;
(B) the officer discontinues his use of illegal drugs or abuse of alcohol;
(C) the officer successfully completes the course of treatment prescribed, including an “after-care” group for a period of up to twelve (12) months, or as prescribed by a physician if longer than eleven (11) months;
(D) the officer agrees to submit to random testing during hours of work during the period of “after-care”.
Officers who do not agree to the foregoing, or who test positive a second or subsequent time for the presence of illegal drugs, or for the presence of alcohol during the hours of work shall be subject to discipline, up to and including discharge. The foregoing shall not be construed as an obligation on the part of the Employer to retain an officer on active status throughout the period of rehabilitation if it is appropriately determined that the officer’s current use of alcohol or drugs prevents such individual from performing the duties of a police officer or whose continuance on active status would constitute a direct threat to the property or safety of others. Officers shall be afforded the opportunity to utilize accumulated paid leave or take an unpaid leave of absence pending treatment as to the first instance of a violation. The foregoing shall not limit the Employer’s right to discipline officers for misconduct provided such discipline shall not be increased or imposed due to alcohol or drug abuse.
Officers who are taking prescribed or over-the-counter medication that has adverse side effects which may interfere with the officer’s ability to perform his normal duties may be temporarily reassigned with pay to other more suitable police duties or relieved of duty utilizing accumulated paid time as available, if mutually agreed.