Pubdate: Wed, 05 Jul 2000
Source: Des Moines Register (IA)
Copyright: 2000, The Des Moines Register.
Contact:  http://www.dmregister.com/
Author: Staci Hupp

FIREFIGHTERS, POLICE OFFICERS WARY OF RANDOM DRUG TESTS

Safety officers' arrests prompt calls for required screenings.

State law protects police officers and firefighters from random drug
tests required of many other city employees.

It's an old law, but the arrest June 7 of a Jasper County deputy for
allegedly stealing marijuana and three other cases involving police
and fire workers have sparked calls for change.

"People in law enforcement and fire service have the most legitimate
access to controlled substances of anybody short of the medical
profession," said George Langmack, city administrator in Clinton,
where firefighter Jerry Dierks is scheduled to stand trial later this
month on methamphetamine charges.

"Employers should be able to choose to establish a random drug testing
program, so that we can assure the public that, yes, we're doing
everything we can to keep these critical public services
substance-free," he said.

The Iowa Civil Liberties Union has fought random drug tests for
government employees. Leaders of the Iowa State Police Association, a
lobbying group, say they would support drug testing only if the
regulation stretched to all public employees.

A 1998 Iowa law broadened private employers" authority to test
workers.

The law permitted for the first time random testing of workers. It
also broadened the circumstances in which an employer can demand a
specimen.

Public workers aren't covered because courts have ruled that
governments cannot compel a worker to provide a urine sample without
violating constitutional guarantees against unreasonable search and
seizure.

Fear of getting fired

Members of the Iowa Professional Fire Fighters union condemn mandatory
drug testing, fearing that public safety officers who test positive
would lose their jobs before being offered treatment.

Iowa legislators shot down a bill two years ago that would have
applied to all public employees, said state Rep. John Connors, D-Des
Moines, former president of the firefighters union.

"It didn't pass because it was too much stress adding everyone else to
it," Connors said. "There would have been more process and more
opposition to the bill."

Public employees not covered by federal drug testing requirements are
subject to random testing. That includes bus drivers, garbage
collectors and other employees whose jobs require a driver's license.

Police officers and firefighters are exempt from random drug tests
unless they're involved in an accident on the job, or they've been
treated for substance abuse, or they show behavior changes that
indicate drug use, Langmack said.

Officers arrested

At least four public safety officers in Iowa have faced drug charges
in the past four years.

Dierks, a 25-year veteran of the Clinton fire department, retired
April 16 amid charges of methamphetamine trafficking.

The incident has Clinton fire officials leaning toward random drug
tests.

The Dierks case "just goes to show you that you never know what can
happen," said Fire Chief Mark Regenwether. "I would have never thought
it would happen here, but no one's immune. As far as drug testing
goes, we're all in favor of it."

Thomas Nolan, a Norwalk drug-education officer, was charged in April
with possession of marijuana and drug paraphernalia. Nolan taught Drug
Abuse Resistance Education, an anti-drug program commonly known as
DARE, at Norwalk schools.

Another DARE officer was arrested on a drug charge in 1996. James
Trimble, a former teacher, coach and DARE officer with the Urbandale
schools, was convicted of driving a van containing about $20,000 of
meth stolen from police evidence lockers.

Last month, J.W. Guthrie, a seven-year veteran of the Jasper County
sheriff's department, was accused of stealing marijuana from a drug
dealer's car and keeping half the profits from its sale.

Guthrie was charged the day after he lost his bid for the sheriff's
job in a primary election June 6. He has said the charges are
politically motivated. He will make a court appearance Monday.

Jasper County Sheriff Mike Balmer denied that the charges had anything
to do with the election.

He wouldn't comment about the case, but he supports random drug
tests.

"There shouldn't be a peace officer in the state who's afraid of a
random drug test," Balmer said.

Harassment concerns

But many police officials are leery of how drug tests would be
conducted.

Testing errors could ruin an officer's reputation if the results are
made public, said Joel Myers, president of the Iowa State Police
Association.

Myers said he would advocate random drug testing laws only if they
included all public employees.

"We don't have any desire for law enforcement to be treated as
subclass citizens," he said.

Russell Farnsworth, secretary of the firefighters union, said
first-time offenders should seek treatment and counseling instead of
losing their jobs.

He added that drug testing laws would open public safety officials to
intimidation from their bosses.

"They could single out union members or leaders as the ones they could
continually harass with the tests," he said.

If police and fire officials were tested the same way other government
workers have been, the chances of harassment would be slim, said
Langmack, Clinton's city administrator. Clinton officials use a
lottery system, he said.

"After years of this program being in effect for our bus drivers,
snowplow drivers and dozens of other employees, there has not been
even an allegation, let alone a proven instance of harassment,"
Langmack said.

"It's constructed in such a manner that the random drug tests are
totally outside an employer's ability to manipulate."

Connors said firefighters, police officers and city leaders should
have a say in any law changes.

"I don't believe anybody supports drug use in these positions, but
it's the employees that have to be considered. You can't try to ram
something down their throats," Connors said.

"You have to make them a part of the discussion, and maybe a decision
can be made that satisfies everybody."
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