PG 205-34 DRUG SCREENING TESTS FOR UNIFORMED MEMBERS OF THE SERVICE AS A CONDITION OF DISCRETIONARY PROMOTION IO 14 ISSUED 05-26-06 SUSPENDS PG 205-34 Flashcards
PRE-PROMOTION PROCEDURES
Members may withdraw as
candidates for promotion with no penalty or requirement to submit to drug screening by submitting a written request to their commanding officer. This request should be made after receiving a notification of promotion but prior to actual promotion and prior to receiving a notification to report for a drug screening test. (If the candidate has already signed the DRUG SCREENING NOTICE-DISCRETIONARY PROMOTION form, but has not yet been promoted, the candidate may still withdraw from consideration at any time prior to receiving a notification to report for a drug screening test). The candidate’s commanding officer will immediately forward two (2) copies of the request to the Chief of Personnel (original through channels, copy DIRECT).
PURPOSE
To screen for illegal drug/controlled substance usage by uniformed members of the service as a condition of discretionary promotion.
SCOPE
The Department has a substantial interest in ensuring that uniformed members of the service being considered for discretionary promotions do not use illegal drugs/controlled substances and maintain the highest standards of integrity and performance.
DEFINITION
DISCRETIONARY PROMOTION- For the purpose of this procedure, a “discretionary” promotion is a promotion that is not received as a result of a competitive civil service examination. Promotions to the following ranks are considered discretionary and are covered by this procedure: Detective Specialist, Detective Third Grade, Detective Second Grade, Detective First Grade, Sergeant/Special Assignment, Sergeant/Supervisor Detective Squad, Lieutenant/Special Assignment, Lieutenant/Commander Detective Squad, Deputy Inspector, Inspector, Deputy Chief, Assistant Chief, Bureau Chief and Chief of Department. Under this procedure, all candidates for discretionary promotions are subject to drug screening.
PROCEDURE
Uniformed members of the service who are candidates for discretionary promotion:
UNIFORMED MEMBER CONCERNED
- Sign form DRUG SCREENING NOTICE-DISCRETIONARY PROMOTION (PD481- 030) which indicates that the member understands that screening is part of the candidate process for discretionary promotion.
a. The required screening can occur at any time after the form is signed, but not more than ninety (90) days prior to promotion, and not more than eighteen (18) months after the candidate has been promoted.
POST PROMOTION PROCEDURES
After being promoted but prior to receiving a notification to report for a drug screening test, members of the service may
seek restoration to their prior title with no penalty or requirement to submit to a drug screening, by submitting a written request to their commanding officer, who will immediately forward two (2) copies of the request to the Chief of Personnel (original through channels, copy DIRECT).
- Submit to test when notified to report for drug screening.
a. Refusal to submit to the test will result in suspension from duty and will be grounds for dismissal from the Department.
b. All uniformed members of the service will be tested as a condition of discretionary promotion.
NOTE: In all cases, if a uniformed member of the service refuses to submit to the test, the permanent command will be responsible for suspending the member and complying with P.G. 206-08, “Suspension From Duty-Uniformed Member Of The Service”.
- Prepare form listing all medications ingested or prescribed in the last ninety (90) days, prior to testing.
- Present shield and IDENTIFICATION CARD (PD 416-091) at the testing location to ensure that the proper individual has reported for testing.
- Comply with instructions received at testing location.
ADDITIONAL DATA
Three (3) hair samples will be
collected, cut as close to the skin as possible. The samples should be collected from the same body area, preferably the head. The samples will be individually placed in separate laboratory supplied “Sample Acquisition Cards,” and sealed by the collector in the presence of the test subject. These cards will be placed in separate plastic bags, sealed by the collector, and initialed and dated by the test subject. Two (2) hair samples will be forwarded to the contracted laboratory for analysis. The third hair sample will be secured at the Medical Division for use in retesting, should the test of the first two (2) hair samples reveal positive results for illegal drugs/controlled substances. Appropriate chain of custody will be maintained at all times. Privacy and dignity will be protected. Except in unusual circumstances, hair samples will be taken at a facility operated by the Medical Division, or at another health care facility. The hair samples will be collected under maximum feasible privacy.
In the event that the member concerned is unable to provide adequate hair samples as required in this procedure, a Department surgeon will be contacted. The Department surgeon, upon conferral with the supervising chief surgeon or designee, may authorize the collection of alternate specimen(s) to complete the drug screening test. Failure to comply with an order by a Department surgeon will be considered a refusal of the test and grounds for dismissal. One (1) or more scientifically accepted initial screening tests will be employed in analysis. A positive report will be made only after final confirmation testing has been conducted. Negative test results will not be maintained, instead they will be destroyed.
Positive test samples will be maintained by the analyzing laboratory in a secure area, and will remain confidential unless and until Department disciplinary Charges and Specifications are served. A member whose test is positive may, within sixty (60) days of notification of such result, submit a written request to the Department Advocate’s Office for further (independent) retesting of the collected third hair sample by a laboratory certified by the State of New York Department of Health to conduct forensic drug testing of hair specimens. All retesting expenses, including chain of custody, will be paid by the affected member of the service. The results of the retest will be forwarded by the independent laboratory to the Medical Division. The Medical Division will then forward the results to the Department Advocate’s Office. The affected member/counsel will be notified of the results by the Department Advocate’s Office.
Testing will be conducted only for illegal drugs and controlled substances. No other substances will be screened. The testing dates will not be announced in advance. Positive test results, which indicate illegal or illicit drug use, will result in Department Charges and Specifications and suspension from duty.
Uniformed members of the service screened under this procedure will continue to be subject to drug screening pursuant to the Department’s random drug screening procedures.
RELATED PROCEDURES
Random Drug Screening (P.G. 205-29)
Random Drug Screening (P.G. 205-29)
UNIFORMED MEMBER OF THE SERVICE SELECTED FOR SCREENING
- MUST report to Medical Division when notified, except if member is on:
a. Sick report
b. Regularly scheduled day off
c. Military leave
d. Annual vacation
e. Terminal leave
f. Bereavement leave.
NOTE: Members previously scheduled for individual days off (other than regular days off) may be excused from the test with the approval of the bureau chief concerned. Members scheduled for court or training on the 8x4 tour will appear for testing immediately upon completion of court or training session. Members scheduled for a 12x8 tour on the testing day will appear for testing immediately upon completion of their scheduled 12x8 tour. Members reporting sick on the testing date will be required to visit a Department Surgeon and obtain approval for excusal from the test.
- MUST submit to a hair analysis drug screening test. Refusal to submit to test will result in suspension from duty and will be grounds for dismissal from the Department.
- Prepare form listing all medications ingested or prescribed in the last ninety (90) days, prior to testing.
- Present shield and IDENTIFICATION CARD (PD416-091) at the testing location to insure proper individual has reported for testing.
- Comply with instructions received at testing location.
Administration of Drug Screening Tests for Cause (P.G. 205-30):
MEMBER OF THE SERVICE
- Immediately notify commanding officer/duty captain or Internal Affairs Bureau Command Center ((212) 741-8401).
a. Provide rank, name and command of suspected member.
SUPERVISOR CONDUCTING INVESTIGATION
- Determine if a REASONABLE SUSPICION has been established indicating illegal drug/controlled substance usage.
NOTE: Reasonable Suspicion - Exists when evidence or information, which appears reliable, is known to the police supervisor and is of such weight and persuasiveness as to make the supervisor, based upon his/her judgment and experience, reasonably suspect that a member of the service is illegally using drugs/controlled substances. Reasonable suspicion that a member is illegally using drugs/controlled substances must be supported by specific articulable facts from which rational inferences may be drawn. Reasonable suspicion cannot be based upon mere “hunch” or solely upon poor work performance.
- Prepare INVESTIGATING OFFICER’S REPORT (PD313-153) and record observations and other pertinent data.
NOTE: If reasonable suspicion of illegal drug/controlled substance use is based on observation of the suspected member’s physical appearance, at least two (2) supervisors must make observations.
- Prepare a case folder for documentation of all aspects of investigation.
- Confer with own immediate supervisor if reasonable suspicion has been established that member is illegally using drugs/controlled substances.
- Contact bureau chief/counterpart/borough commander, upon completion of investigation to obtain approval for drug screening tests.
a. If circumstances indicate drug screening samples must be obtained expeditiously, immediately contact bureau chief/counterpart/borough commander for approval. - Approve request for drug screening test ONLY after carefully determining that supervisor conducting investigation has established reasonable suspicion.
- Direct that member being tested be placed on modified assignment pending results of test, unless other circumstances warrant suspension from duty.
NOTE: Approval of bureau chief/counterpart/borough commander must be obtained prior to administration of the drug screening tests. If bureau chief/counterpart/ borough commander is not available, executive officer concerned or duty chief may be contacted for approval.
SUPERVISOR CONDUCTING INVESTIGATION
- Contact Medical Division ((718) 760-7609) when approval is received for administration of drug screening tests and obtain Medical Division’s drug screening serial numbers.
a. Obtain Medical Division’s drug screening serial numbers even if member refuses tests.
b. Include Medical Division’s drug screening serial numbers in case folder along with all other documentation.
NOTE: If the Medical Division is closed, contact the Sick Desk supervisor ((718) 760-7606).
- Advise member suspected of illegal drug/controlled substance usage that refusal to provide hair and urine samples will result in immediate suspension from duty.
- Notify the Department Advocate’s Office that drug screening tests has been ordered, provide all pertinent information and obtain identity of member notified.
a. Notify Medical Division to make entry in “Drug Screening Test Log” under caption “DEPARTMENT ATTORNEY NOTIFIED.” - Inform supervisor conducting investigation where hair and urine samples will be taken and procedure to be followed.
- Maintain “Drug Screening Test Log” in an appropriate Department record book, captioned across a double page, as follows:
Drug Screening Tests for Uniformed Members of the Service Applying for Assignments to Designated Specialized Units (P.G. 205-31)
PROCEDURE
Uniformed members of the service applying for assignment to designated specialized units:
UNIFORMED MEMBER OF THE SERVICE
- MUST sign form indicating that they understand that drug screening is part of the application process for assignment to designated specialized units.
a. The drug screening can occur at any time after the application has been submitted, or after member is temporarily or permanently assigned to the designated specialized unit.
NOTE: Prior to being notified to report for a drug screening test or prior to being temporarily or permanently assigned to a designated specialized unit, applicants may withdraw their application with no penalty or requirement to submit to a drug screening by submitting a written request to their commanding officer.
- MUST submit to test when notified to report for drug screening. Refusal to submit to the test will result in suspension from duty and will be grounds for dismissal from the Department. All applicants will be tested.
NOTE: In all cases, if a uniformed member of the service refuses to submit to a test, the permanent command will be responsible for suspending member and complying with P.G. 206-08, “Suspension from Duty-Uniformed Member Of The Service.”
- Prepare form listing all medications ingested or prescribed in the last ninety (90) days, prior to testing.
- Present shield and IDENTIFICATION CARD (PD416-091) to be checked at the testing location to ensure proper individual has reported for testing.
- Comply with instructions received at testing location.
ADDITIONAL DATA
Three (3) hair samples will be collected, cut as close to the skin as possible. The samples should be collected from the same body area, preferably the head. The samples will be individually placed in separate laboratory supplied “Sample Acquisition Cards,” and sealed by the collector in the presence of the test subject. These cards will be placed in separate plastic bags, sealed by the collector, and initialed and dated by the test subject. Two (2) hair samples will be forwarded to the contracted laboratory for analysis. The third hair sample will be safeguarded at the Medical Division for use in retesting should the test of the first two (2) hair samples reveal positive results for illegal drugs/controlled substances. Appropriate chain of custody will be maintained at all times.
Privacy and dignity will be protected. Except in unusual circumstances, hair samples will be taken at a facility operated by the Medical Division, or at another health care facility. The hair samples will be collected under maximum feasible privacy.
In the event that the member concerned is unable to provide adequate hair samples as required in this procedure, a Department surgeon will be contacted. The Department surgeon, upon conferral with the supervising chief surgeon or designee, may authorize the collection of alternate specimen(s) to complete the drug screening test. Failure to comply with an order by a Department surgeon will be considered a refusal of the test and grounds for dismissal. One (1) or more scientifically accepted initial screening tests will be employed in analysis. A positive report will be made only after final confirmation testing has been conducted. Negative test results will not be maintained; instead they will be destroyed.
Positive test samples will be maintained by the analyzing laboratory in a secure area, and will remain confidential unless and until Department disciplinary Charges and Specifications are served. A member whose test is positive may, within sixty (60) days of notification of such result, submit a written request to the Department Advocate’s Office for further (independent) retesting of the collected third hair sample by a laboratory certified by the State of New York Department of Health to conduct forensic drug testing of hair specimens. All retesting expenses, including chain of custody, will be paid by the affected member of the service. The results of the retest will be forwarded by the independent laboratory to the Medical Division. The Medical Division will then forward the results to the Department Advocate’s Office. The affected member/counsel will be notified of the results by the Department Advocate’s Office.
Testing will be conducted only for illegal drugs and controlled substances. No other substances will be screened. The testing dates will not be announced in advance. Positive test results, which indicate illegal or illicit drug use, will result in Department Charges and Specifications and suspension from duty.
Uniformed members of the service screened under this procedure will continue to be subject to drug screening pursuant to the Department’s random drug screening procedures.
RELATED PROCEDURES
Random Drug Testing (P.G. 205-29)
