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 �
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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 -
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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
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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
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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.
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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.
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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.
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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
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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
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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
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