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86-983 WHITE - CITV CLERK '�� � PINK � - FINA'NCE G I TY O F SA I NT PA U L Council /j �/I� CANARV - DEPARTMENT File NO. ��/` •- �+ ✓ BLUE - MAVOR Co n 'l Re olution 1 Presente By �a`-�~' Referred To � ����- Committee: Date 7 "�� —� Out of Committe By Date Resolution approving a settlement between the St. Paul Police Federation and the Police Department, Chief McCutcheon, the Mayor, the Council and the City of Saint Paul in1HE EA , the St. Paul Police Department established a drug testing ol cy for all department employees in September of 1985 ; and WHE EA , the St. Paul Police Federation subsequently brought legal ac io seeking an Order of the court prohibiting the Police Departme t rom establishing such a drug testing program; and WHE EA , all parties have met and negotiated a proposed settleme t o this action, a copy of which is attached hereto and made a art of this Resolution; and WHE EA , the City as part of this settlement has agreed to pay $16,000 to the Police Federation to serve as partial payment of their at orney' s fees ; now, therefore, be it RES LV D, that the Council of the City of Saint Paul hereby anproves th proposed settlement attached hereto and further approves th payment of $16, 000 to the Federation to be paid as payment of ttorney' s fees , all of which is to serve as full settlemen f this claim and lawsuit. COUNCILMEN Requested by Department of: Yeas Drew Na s � Nicosia [n Favor Rettman Scheibel � Sonnen __ Agei[1St BY Tedesco Wilson JUL 17 �6 Form A rov by City Attorney Adopted by Council: ate � � � . Certified Ya s d b .il S t BY By� Appr by Mavor: D e — �- JU�- � �i �� Approve by May fo u ' sion to Council B BY - �°'"".�-'r� .l� '! � 6 14�� rF��,_��:._� `� - �_, � � �• � . , � � `/�=� . G 0�/ ALCOHOL AND DRUG TESTING POLICY A1tiD PROCEDURE The foll wi g are formally adopted as additions to the Department . Manual: 1. Manu 1 evision. Add to General Order 230.20, Department Rules of Cond ct Number S (a): The n r off-duty use, purchase, sale, delivery, manufacture, or poss ss on of any illegal drug or controlled substance, except when auth ri ed and grescribed by a doctor. 2. Manu 1 ddition. Add to the Department Aianual, Section 230.30, Drug and c hol Screening: Purpose It is th m date of this Department to initiate measures to ensure that members f is Department do not engage in illegal or improper drug or alcohol sa . Because of the power and authority that comes to each officer ro the position they hold, 24 hours a day, on or off-duty, there is no scaging this mandate. POLICY A. The emb rs of the following Units, as a condition of their assi e t to the Unit, are subject to drug and alcohol screen.ing as outli ed in Section II B. The Units are: Critical Incident Response Team (CIRT) Ordnance Disposal Unit (ODU) Any m mb r who refuses to submit to this form of testing for judgm nt fitness and readiness for duty shall be immediately ,. , � . . � , C,� �-��3 re ove from assignment to the special unit. Such removal shall not af ect any other assignment the officer may have. B. Any s rn officer of this Department who is directly involved in a se iou police incident, defined by the following cases: • 1. Discharge of a firearm at a human being or a vehicle in which human beings are contained. 2. Discharge of a firearm for the purpose of issuing a warning shot. 3. Police vehicle auto accident in which injury is sustained by any involved officeor citizen requiring immediate medical attention by hospital personnel. 4. Police vehicle chase in which Minnesota Statute 609•4�7, Fleeing a Peace Officer in a A9otor Vehicle, is charged and such chase involves an automobile accident by either the fleeing vehicle or pursuing police vehicle. sha 1 e required by his or her supervisor to participate in an alc ho screening test immediately following the event, or as soon as he tactical situation allows. Such a test shall be the same tes a that used by the Department in the processing of suspected vio at ons of D.W.I. statutes. A directly involved officer is the off ce who actually discharges his/her weapon in case ,�1 and #2, is the dr ver of the police vehicle in case �`3, and is the driver or pas en er of the primary chase vehicle in case #4• C. An ff cer shall be required to submit to a drug and alcohol scr en g test whenever there is a reasonable basis to believe that the of 'cer is improperly using or under the influence of drugs or alc ho . Such reasonable basis testing shall be determined to be app op 'ate and conducted pursuant to Procedure Section "C". D. Any of 'cer who is, via a valid doctor's prescription, using med'ca 'on that will, after drug screening, test positive, is ,� � � � � � . . . �-�-�g3 req ir d to notify the Department Personnel Unit of said fact. The of icer shall also provide the Personnel Unit with a certificate by he prescribing physician that the type and/or prescribed dosage of ai medication usage should not significantly interfere or � aff ct the officer's police performance. If the type and/or dosage of re cribed medication does not allow the prescribing physician to so er ify the officer's performance, said officer may request `he phy ic an to list any limitations to normal police duties on said cer if cate. In the event the prescribing physician is unwilling or una le to provide such certification or descritpion of limitations, the of icer shall nevertheless advise the Personnel Unit that he or she ha been provided with a prescription which may result in pos ti e testing. . Upo r ceipt of information limiting an officer's normal police dut es the Personnel Unit shall immediately notify the Chief of Pol ce of said limitation(s) and request a light duty assignment con is ent with said limitation(s). The Department shall take all leg 1 nd reasonable steps to provide appropriate light duty ass g ents and preserve the confidentiality of the medical inf rm tion provided. Inf rm tion received, pursuant to the above, need not specify what ill es or injury is being treated, nor need the certificate specify wha m ication is being taken except as required to alert the Dep rt nt to positive drug screening results. .� � � � � , . . �(.�-' ��- r�3 PROCEDURE A. Al t ting, pursuant to this policy, shall be conducted in a ho pi 1 setting and collected in a manner that will preserve the ' di nit of the officer subject to testing, ensure the integrity of th sa ple, and provide the highest possible accuracy of testing res t . Whe a officer has, pursuant to Section I, been requested or ord re to submit to drug testing, the officer shall be tra sp rted to the testing site. There, the officer shall be ask d o indicate what, if any, prescription and over-the-counter med'ca ions he or she has taken during the preceding �0 days. This inf rm tion will assist the testing laboratory in interpreting the tes r sults. The of icer will next be asked to provide a urine sample. Each off ce will be accompanied to a restroom by a supervisory officer or os 'tal staff inember of the same sex to ensure that no con a ' ation or dilution to the sample occurs. Onc o ained, the sample bottle will be capped and a tamper-proof sea p ced over the cap. The officer will initial the paper label on he ottle and sign a "Chain of Custody" form indicating that the uri e mple is his/her own and that the bottle was sealed in his he presence. The supervisory officer will then certify on the "C in f Custody" form the date that the urine samgle was col ect d, that the sample was duly sealed and that the sample bott e ears the initials of the officer submitting the sample. The seal d ample bottle will immediatelly be placed under refrigeration pend'ng actual laboratory analysis. . . � . - � . . � �� -��.� If n ' itial screen of an officer's urine sample tests negative for alc ho or drugs, the results will be reported back to the Dep rt nt and the urine sample will be discarded. If the sample tes s sitive for alcohol or drugs, the urine sample will be , imme ia ely subject to confirmation testing. The specific conf'rm tion test(s) will be determined by the specific drug that test d ositive in the initial screen. In those cases where the seco d est confirms the presence of an alcohol or drug in the samp e, the sample will be retained in a locked freezer for 6 months to a lo for further testing by the officer in case of a dispute. Noth ng in this policy shall be interpreted or construed to mean that an officer subject to testing may not obtain independent or alte na ive testing at his or her own expense and initiative. The foll wi g chemical substances will be tested for: 1. Alcohol - Ethyl 2. Cocaine " Marijuana (THC - Metabolite) Amphetamines Opiates B. The ns ction Unit Commander shall be responsible for selecting a date, t ce each calendar year, in which the members of the Units identifi d in Section I A shall be notified of a CIRT or ODU call p. Upon arrival at headquarters, the members responding shall be informed that the purpose of the call-up was to test their judgm nt fitness and readiness for duty and, as such, they are being as ed to submit to drug and alcohol screening tests to be condu te pursuant to Section II A. . . � . - � ` . . G�r=�� ��'�..� C. 1. I an officer has a reasonable basis to believe that another o icer is illegally using drugs or on duty under the influence o drugs or alcohol, the officer shall notify the suspected o icer's supervisor or Watch Commander, IMMEDIATELY, and � f nish the name and current assignment of the suspected member, ai ng with all of the facts and circumstances which led to the be ief. a. In all cases in which the belief that an officer is on duty under the influence of drugs or alcohol is based upon observations of the suspected officer, two (2) supervisory rank personnel are required to observe the suspected officer and concur that a reasonable basis exists to believe the officer is under the influence of alcohol or drugs. 2. An supervisor or Watch Commander who is so informed of su pected illegal or improper drug or alcohol use shall notify th Division Commander or, in his absence, the on-call Deputy Ch ef and advise that Deputy Chief of all facts and ci cumstances which led to the belief that the su pected officer is illegally using drugs or under the in luence of drugs or alcohol. a. If the information is that the officer is currently on duty and under the influence of drugs or alcohol and the Deputy Chief agrees that the facts and circumstances reported to him are sufficient to provide a reasonable basis to belie�e that the officer is under the influence of drugs or alcohol, testing shall immediately be ordered and conducted pursuant to Section II A. . b. If the information is that the officer is not currently under the influence of alcohol or drugs, but that the officer is illegally involved in drugs or drug usage, an . • _ ,,�. . - - � � -��:� investigation to verify the facts or circumstances shall begin. Testing may or may not be included, dependent upon the course of the investigation, provided, however, that if , testing is ordered, it shall occur only if there is a reasonable basis to believe that the officer is involved in the usage of illegal drugs. c. All personnel shall immediately document any and all information received, observations, and actions taken. All reports shall be forwarded to Internal Affairs. No copies shall be retained by any other person or unit. D. 1 . y officer who, as part of his police duties or through ff duty social contact, ingests either directly or indirectly ny drug or narcotic substance that would or may test positive ft r drug screening, is required to document, as soon as os ible thereafter, such contact. Documentation should occur n case suppplement or general information report if the on act occurred in an on-duty setting. Contact occurring hr ugh off-duty social activity should be documented on an in ernal memo to the Employee Assistance Program. 2. he results of all testing shall remain an administrative (i.e. , on criminal) matter. Data documenting negative test results ha 1 be returned to the submitting officer. 3. ef sals to submit to testing, required pursuant to Section I B r C, may result in immediate discipline for refusal to obey a ir t order. 4. ' proper positive drug or alcohol screening, obtained ur ant to any portion of the above referenced policy, shall be , -, . . , . , . , - � . � @f- ��-��.� co sidered a violation of General Order 230.20, Department Rules of Conduct, Number ,5, ,5(a), and/or other appropriate sections. $. Da a documenting positive test results shall be retained as part � of the Internal Affairs file and handled consistent with such fi es. C=� ; � �; _ � __ ,--�; : � �d�-�83 , �;� �, • CITY OF S.A,INT P�.UL '.'�;ii� OFFICE OF THFL CITY COIINCIL �QIl1�llttee RepOrt �':i� n e �Ia�na ement � Pers�nnel Committee. Juiy io, i9s6 1. Approval o m utes from meeting held July 3, 1986. approved \ 2. Resolution ap oving 1986-1989 Labor Agreenent between. the City of Saint Paul and in ity Carpenters District Council. avproved , 3. Resolution ap oving 1986-1989 Maintenance Labor Agreement between the eity � � and Brickl ye , Masons, Marblemasons, Cement Blocklayers and Tuck-Pointers, Local'Unio N 1. approved � � 4. Resolution ap oving 1986-1989 Maintenance Labor Agreement between the City � and Operat've lasterers and Cement Masons International Association Local No. 20. a proved � 5. Resolution pp oving 1986-1989 Maintenance Labor Agreenent between the City and Operati e lasterers and Cement Mason InternationaZ Association Local Na. 560. ------a roved -�- -- -- \ `'6. Resolution me ding the Civil Service Rules concerning Overtime Compensation to conform o he Fair Labor Standards Act. approved �' 7. Resolution st blishing the rate of pay for Water Production Operatians Supervisor 'n he Salary Plan and Rates of Compensation Resolution. approved ~ 8: Resolution st blishing the rate of pay for Volunteer Coordinator in the Salary Plan an Rates of Compensation Resolution. approved ; 9. Resolution e ding the Salary Plan and Rates of Compensation Resolution concerning nv ronmental Health Technician. approved 10. Rese�.��ion, ,g� ,,,� set��emeztL be�ween the 5aint :�au.l.Po�i.�. I��c1e=a�ion }.,v and �v_FO cs. �sz�, t�t�ef:°��taei��E tha^� Cit� of"�'` u� er�aii ' " �•"`�;�at��.3. and the p ��a.:i4rotg teietfag ��ries. approved ` 11. Resolution me ing the 1986 Special Funds Budget by adding $1,785,981 to the Financi g an and to the Spending Plan for the Job Training Partnership Act Program a roved . 12. Resolution me ing the 1986 budget by adding $2,026 to the Financing Plan and to the pe ing Plan for Special Projects - General Government, Government Responsiven ss rogram. approved � 13. Resolution me ing the 1986 budget by adding $168,843 to the Financing Plan and to the pe ing Plan for City Property Management Fund - Hill Street Warehouse. ai over to 7/17 CITY HALL SEVENTH FLOOR SAINT PAUL,MINNESQTA 55102 °�••+a