Police union drops drug test lawsuit

Eron Ben-Yehuda

HUNTINGTON BEACH -- After years of bitter disagreement, the city and the

police union hope for a fresh start when they renew negotiations on how

to randomly test officers for drug use.

“There’s some bad feelings associated with this from both sides,” said

Bill Osness, the city’s personnel director.

To help clear the air, the union agreed last month to dismiss a lawsuit

filed against the city, which in return withdrew its threat to

unilaterally impose testing, a March 14 city document shows.While he said

he in no way suggests there is a drug problem within the police ranks,

Councilman Tom Harman believes a screening process is necessary to make

sure officers stay clean.

“We need to keep a close eye on our officers,” he said. “There can, on

occasion, be misconduct.”

Having police under the influence poses too great a risk to public

safety, Harman said.

“Their life or somebody else’s life may be hanging in the balance,” he

said.

The only officers randomly tested for drugs now are the department’s new

hires, which make up about 20 out of a total force of 170, Osness said.

The officers are only tested in their first year, he said. Also, anyone

in the city under “reasonable suspicion” of working under the influence

is tested, he said.

Since 1994, the city has been pushing for the tests, and the officers

association has steadfastly resisted out of fear that the results would

be unreliable.

Frustrated by a lack of progress in talks, city officials threatened to

unilaterally impose a policy in 1996 -- a ploy the union has resented to

this day, Osness said.

The union’s spokesman, president Russ Reinhart, declined to comment.

The association managed to stall the city’s implementation of a testing

program until February 1999, when the city planned to initiate drug

screening. In the 11th hour, the union filed a lawsuit charging that the

program is illegal and lacks significant employee safeguards.

The judge ordered the parties in March 1999 to try to reach an

out-of-court settlement, but no breakthroughs resulted.

Councilwoman Shirley Dettloff said she hopes the union leaders will be

more reasonable in upcoming negotiations.

“I don’t know what’s in their minds,” she said. “It should not have gone

on this long. I am absolutely adamant about that.”

Neither side would discuss the major points that will be discussed. As a

guideline for negotiations, expected to restart by late May, both sides

have agreed to use the random drug testing policy of the Los Angeles

County Sheriff’s Department as a guideline.

That procedure provides for confidential testing up to three times a year

for most officers, with additional tests for those who operate heavy

equipment, work in narcotic units or are recent recruits.