ARTICLE 35 Psychological and/or Medical Examination Flashcards
Section 1. Psychological and/or Medical Evaluation.
The ______shall have the authority at any time to require an Officer to submit to psychological
evaluation or treatment and/or medical evaluation, at the City’s expense, to be performed by a
qualified psychologist, psychiatrist, counselor, therapist, or medical doctor chosen by the ____.
An Officer ordered either to submit to such an evaluation or to submit to a “fitness for duty”
evaluation pursuant to Section 143.081 of the Local Government Code, must authorize, in
writing, the release of the results of the examination to the ____, as the Officer’s employer. If
indicated by the evaluation, the ______may order an Officer to undergo treatment by an
appropriate health care practitioner of the officer’s choosing.
Chief
City
Chief
Chief
Section 2. Commitment to Effective Drug Interdiction Program.
The City and the Association agree that officers may be called upon in hazardous situations
without warning, and that it is imperative to the interest of officers and the public to ensure that
officers are not _____. In order to further their joint interest in protecting officers
and the public, the City and the Association agree to _____as described in this
section.
substances impaired
mandatory drug testing
Section 2. Commitment to Effective Drug Interdiction Program.
The City and the Association agree that officers may be called upon in hazardous situations without warning, and that it is imperative to the interest of officers and the public to ensure that officers are not substances impaired. In order to further their joint interest in protecting officers and the public, the City and the Association agree to mandatory drug testing as described in this section.
A. One Hundred Percent (100%) of Officers of all ranks, including the Chief, shall be susceptible to mandatory drug testing during each calendar year on a fair and impartial statistical basis at the City’s expense. The fair and impartial statistical basis (in which each Officer has an equal chance of being selected during a calendar year) shall be by a non-discriminatory ______operated and certified as non-discriminatory by _______hired
by the City, and the Officer shall be tested upon being selected by the computer. The City and the Association have a mutual interest in ensuring that drug impaired Officers do not perform law enforcement duties. The City and the Association agree that the purpose of the
mandatory drug testing policy is not to punish an officer who has not violated the Police Department’s rules, regulations, policies or procedures. The City and the Association are committed to the principle that the mandatory drug testing policy for officers is designed and shall be administered to result in _______only against those Officers who have violated the Police Department’s rules, regulations, policies or procedures.
computerized program
an independent firm
disciplinary action
Section 2. Commitment to Effective Drug Interdiction Program.
A. One Hundred Percent (100%) of Officers of all ranks, including the Chief, shall be susceptible to mandatory drug testing during each calendar year on a fair and impartial statistical basis at the City’s expense. The fair and impartial statistical basis (in which each Officer has an equal chance of being selected during a calendar year) shall be by a non-discriminatory
computerized program operated and certified as non-discriminatory by an independent firm hired
by the City, and the Officer shall be tested upon being selected by the computer. The City and the Association have a mutual interest in ensuring that drug impaired Officers do not perform law enforcement duties. The City and the Association agree that the purpose of the
mandatory drug testing policy is not to punish an officer who has not violated the Police Department’s rules, regulations, policies or procedures. The City and the Association are committed to the principle that the mandatory drug testing policy for officers is designed and shall be administered to result in disciplinary action only against those Officers who have violated the Police Department’s rules, regulations, policies or procedures. Where an Officer appears unable or unwilling to give a specimen at the time of the test, _________will document the circumstances surrounding the inability or unwillingness. The officer will be permitted no more than ______ hours to provide the sample during which time he will remain in the testing area under observation. Reasonable amounts of fluids may be given to
the Officer to encourage urination. Failure to provide a sample may be considered a _____.Officers shall have the right to request that their ______ in case of legal
disputes. The urine sample will be submitted to the designated testing facility where a sample
will be maintained for a period of ______. Officers may at their own expense request to have
the test for ____, ____, and/or ____administered at a qualified physician’s office or _______, accompanied by the _____provided such testing is administered
_______after notification by the Chief (and the sample shall be properly handled by a certified testing laboratory).
testing personnel
four (4)
refusal to submit to a drug test.
urine sample be stored
one-year
urine, blood and/or hair
certified testing laboratory
testing personnel
within five (5) hours
Section 2. Commitment to Effective Drug Interdiction Program.
B. Drug testing shall consist of a two-step procedure:
1._____test.
2. ______ test.
Should a confirmation test be required, the test procedure will be technologically different and
more sensitive than the initial screening test.
The City and the Association will agree within _______days as to a _______certified laboratory selected to conduct drug testing. The laboratory
selected shall be experienced and capable of quality control documentation, chain of custody and
have a demonstrated technical expertise and proficiency in urinalysis and shall comply with all requirement of _________. The City shall require any laboratory selected for collecting samples to conduct a _______ on those laboratory personnel involved in the collecting or handling of an unsealed sample. In addition, the City shall require any laboratory selected for collecting samples to use only employees who have not been _______ or _________to be involved in the collecting or
handling of an unsealed sample collected from an Officer. Test results shall be inadmissible in
any administrative disciplinary hearing if it is determined that the laboratory collecting samples failed to conduct ________on the laboratory personnel involved in collecting or handling the unsealed sample which resulted in a positive test result.
All records pertaining to the Department required drug tests shall remain confidential except to the extent used in a _____ and ______. Drug test results and records shall be stored in a______under the control of the Chief. The Chief will maintain original copies submitted
by the laboratory. No access to these files shall be allowed without _______.
- Initial screening test.
- Confirmation test.
one hundred and eighty (180) calendar
SAMHSA/CAP FUDTP
SAMHSA/CAP FUDTP
background investigation
arrested by Officers of the San Antonio Police Department or convicted of a felony or misdemeanor crime
involving dishonest conduct or possession of illegal drugs
a background investigation
disciplinary process and appeal
locked file
written approval of the Chief.
Section 2. Commitment to Effective Drug Interdiction Program.
C. The City and the Association agree to a zero tolerance policy for the use of drugs and alcohol while on duty or driving a City vehicle, and also agree to require post accident mandatory drug/alcohol testing of any officer involved in a vehicular accident in a City vehicle which results in a death, injury to any person requiring _____ or _____ (as determined by a supervisor) which for a vehicle is a damage rating of ____ or more, as defined in the Texas Department of Transportation Vehicle Damage Guide for Traffic Crash
Investigator. Drug testing shall be in accordance with the testing guidelines set forth in subsection (B) above. Alcohol testing shall be by ______ or other recognized scientific process. The assigned severity code, resulting in a decision to test/not test is non-grievable.
medical treatment or significant property
damage
3
breathalyzer
Section 2. Commitment to Effective Drug Interdiction Program.
D. Nothing in this section shall be construed to prohibit the Chief from conducting a drug test on an Officer based upon ______in accordance with the guidelines as set forth by this section.
reasonable suspicion
Section 2. Commitment to Effective Drug Interdiction Program.
E. For the purposes of this section:
1. “______” shall be defined as the compulsory production and submission of urine by an Officer for chemical analysis to detect the presence of prohibited drug usage.
2. “_______” shall be defined as a judgment/conclusion that a person is unable to safely and/or effectively perform their duties due to the suspected influence of drugs, alcohol, or inhalants. Reasonable suspicion is based on specific, observable facts that an officer
may be under the influence of drugs, alcohol, or inhalants.
3. “_______” shall be defined for post-accident incidents as the compulsory production and submission of urine, breath, or blood for analysis to detect the presence of prohibited drug(s) or alcohol.
1) drug testing
2) reasonable suspicion
3) drug/alcohol testing
