The Athens of the Plains, or as it is commonly known, Minneapolis, and its police department have been continuing to operate under a contract that was to have ended in 2019. Negotiations for a new labor contract that will extend until the end of 2022 are currently under way.
Both sides in this negotiation, and the population that will live under its results, understand that it will be about wages, benefits, retirement, representation and other fine print minutiae that determine the responsibilities of all parties involved.
Those factors aren't enough. This is a chance for a city that considers itself to be a center of sophistication and intelligence to lead the rest of the country in adopting a policy that should have been in place many years ago as an integral part of city law enforcement.
This policy would prohibit the consumption of alcohol or drugs at any time by any employed licensed law enforcement officer. The policy would be enforced by 24/7 random testing of department personnel by an independent agency. Test failures would result termination of employment or even arrest in blatant cases.
An objection to this seldom proposed policy is that it would make it very difficult to recruit employees. No one knows if that is true but if it is accepted as true it would mean that our society in general is so dedicated to drink and drugs that the majority would rather indulge in them than have responsible employment. Maybe so.
Ultimately, it's madness to allow individuals compromised by alcohol or drugs unlimited access to both powerful automobiles and firearms, something that is already forbidden to the general public.
Professional cyclists and other athletes are subjected to this very kind of screening for the purpose of fair competition. Nobody is worried about a Tour de France rider involving them in a fatal roadside encounter. A crane operator involved in an accident at a construction site or a locomotive engineer involved in a train collision expects to be tested for drugs immediately after the affair. Why should it be any different for a "public servant"?
Addendum: The pertinent aspects of the contract are as follows:
Section 30.02 - Work Rules
(a) No employee shall be under the influence of any drug or alcohol while the employee is
working or while the employee is on the Employer's premises or operating the Employer's
vehicle, machinery, or equipment, except pursuant to a valid medical reason or when
approved by the Employer as a proper law enforcement activity.
(b) No employee shall use, possess, sell or transfer drugs, alcohol or drug paraphernalia while
the employee is working or while the employee is on the Employer's premises or operating
the Employer's vehicle, machinery or equipment, except pursuant to a valid medical reason,
as determined by the Medical Review Officer, or when approved by the Employer as a
proper law enforcement activity.
(c) No employee, while on duty, shall engage or attempt to engage or conspire to engage in
conduct which would violate any law or ordinance concerning drugs or alcohol, regardless
of whether a criminal conviction results from the conduct.
d) As a condition of employment, no employee shall engage in the unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance in the Employer's
workplace.
(e) As a condition of employment, every employee must notify the Employer of any criminal
drug statute conviction no later than five (5) days after such conviction.
(f) Any employee who receives a criminal drug statute conviction, if not discharged from
employment, must within thirty (30) days satisfactorily participate in a drug abuse
assistance or rehabilitation program approved for such purposes by a federal, state or local
health, law enforcement, or other appropriate agency.
(g) The Employer shall notify the granting agency within ten (10) days after receiving notice
of a criminal drug statute conviction from an employee or otherwise receiving actual notice
of such conviction.
Section 30.03 - Person Subject To Testing
All employees are subject to testing under applicable sections of this Article. However, no person will be
tested for drugs or alcohol under this Article without the person's consent. The Employer will require an
individual to undergo drug or alcohol testing only under the circumstances described in this Article.
Section 30.04 - Circumstances For Drug Or Alcohol Testing
A. Reasonable Suspicion Testing. The Employer may, but does not have a legal duty to, request or
require an employee to undergo drug and alcohol testing if the Employer or any supervisor of the
employee has a reasonable suspicion (a belief based on specific facts and rational inferences draw
from those facts) related to the performance of the job that the employee:
1. Is under the influence of drugs or alcohol while the employee is working or while the employee
is on the Employer's premises or operating the Employer's vehicle, machinery, or equipment;
or
2. Has used, possessed, sold or transferred drugs, alcohol or drug paraphernalia while the
employee was working or while the employee was on the Employer's premises or operating
the Employer's vehicle, machinery or equipment (other than in connection with the employee’s
official duties); or
3. Has sustained a personal injury as that term is defined in Minnesota Statutes §176.011, Subd.
16, or has caused another person to die or sustain a personal injury; or
4. Was operating or helping to operate machinery, equipment, or vehicles involved in a work-
related accident resulting in property damage or personal injury and the Employer or
investigating supervisor has a reasonable suspicion that the cause of the accident may be
related to the use of drugs or alcohol; or
5. Has discharged a firearm loaded with bullets, slugs or shot other than: (1) on an established
target range; (2) while conducting authorized ballistics tests; (3) while engaged in recreational Fitness and Wellness for Duty
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Police Officers Federation ⦁ 2020-2022
hunting activities; or (4) when authorized by a supervisor to shoot a wounded or dangerous
animal or to disable a light, lock or other object which presents an impediment or hazard to an
officer who is carrying out their lawful duties.
More than one Agent of the Employer shall be involved in determinations under subsections A.1.
and A.2. of this Section 30.04.
The mere request or requirement that an employee be tested pursuant to subparagraph 3, 4 or 5,
above, does not constitute an admission by the employer or the employee that the employee has
caused an accident or death or injury to another nor does it create or establish any legal liability
for the employer or the employee to another person or entity.
B. Treatment Program Testing. The employer may request or require an employee to submit to
drug and alcohol testing if the employee is referred for chemical dependency treatment by reason
of having a positive test result under this Article or is participating in a chemical dependency
treatment program under an employee benefit plan. In such case, the employee may be required
to submit to drug or alcohol testing without prior notice during the evaluation or treatment period
and for a period of up to two years following notification that they will be subjected to Treatment
Program Testing.
C. Unannounced Testing by Agreement. The employer may request or require an employee to
submit to drug and alcohol testing without prior notice on terms and conditions established by a
written “last-chance” agreement between the Employer and employee’s collective bargaining
representative.
D. Testing Pursuant to Federal Law. The employer may request or require an employee to submit
to testing as may be necessary to comply with federal law and regulations. It is the intent of this
Article that federal law preempts both state drug and alcohol testing laws and City policies and
agreements. If this Article conflicts with federal law or regulations, federal law and regulations
shall prevail. If there are conflicts between federal regulations and this Article, attributed in part
to revisions to the law or changes in interpretations, and when those changes have not been updated
or accurately reflected in this policy, the federal law shall prevail
Section 30.05 - Refusal To Undergo Testing
A. Right to Refuse. Employees have the right to refuse to undergo drug and alcohol testing.
If an employee refuses to undergo drug or alcohol testing requested or required by the
Employer, no such test shall be given.
B. Consequences of Refusal. If any employee refuses to undergo drug or alcohol testing
requested or required by the Employer, the Employer may subject the employee to
disciplinary action up to and including discharge from employment.
C. Refusal on Religious Grounds. No employee who refuses to undergo drug or alcohol
testing of a blood sample upon religious grounds shall be deemed to have refused unless
the employee also refuses to undergo alternative drug or alcohol testing methods.
D. Failure to Provide a Valid Sample with a Certified Result. Failure to provide a Valid
Sample with a Certified Result shall constitute a refusal to undergo drug or alcohol testing
under this Section 30.05. A “failure to provide a Valid Sample with a Certified Result”
means: 1) failing to provide a valid sample that can be used to detect the presence of drugs
and alcohol or their metabolites; 2) providing false information in connection with a test;
3) attempting to falsify test results through tampering, contamination, adulteration, or
substitution; 4) failing to provide a specimen without a legitimate medical explanation; or
5) demonstrating behavior which is obstructive, uncooperative, or verbally offensive, and
which results in the inability to conduct the test.
Of course, these, and more contract stipulations, make no mention of testing for drugs or alcohol when not actually in the course of employment.
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