Pubdate: Wed, 19 Jun 2002
Source: Rochester Democrat and Chronicle (NY)
Copyright: 2002 Rochester Democrat and Chronicle
Contact:  http://www.democratandchronicle.com/
Details: http://www.mapinc.org/media/614
Author: Joseph Spector
Note: Includes reporting by staff writer Patrick Flanigan

ORLEANS VOWS TIGHTER DRUG TESTS OF POLICE

Just a few weeks ago, Holley Police Chief Michael Grattan sat in the 
audience at graduation for students in the anti-drug D.A.R.E program and 
congratulated them for saying "no" to drugs.

Shortly before that, Grattan had organized an extensive search for drugs 
using trained dogs at the Holley Central schools.

Medina Lt. Mike Russell, meanwhile, was hailed as a hero for taking four 
bullets and killing a gunman inside a village pharmacy Sept. 4. He was 
given the American Legion's "Officer of the Year Award" and got a special 
Award of Valor from Medina Police Chief Jose Avila.

But for several years, State Police alleged, Grattan, Russell and Orleans 
County sheriff's Sgt. Donald L. Stilwell Jr. were buying and using cocaine 
while off-duty.

If the allegations prove true, the police departments had few mechanisms in 
place to know it was going on.

Holley and Medina do not test their officers for drugs or alcohol after 
they are hired. In the Orleans County Sheriff's Department, drug testing is 
done during employment only when there is reasonable suspicion.

Stilwell was never suspected and therefore never tested after his hire, 
said county Administrator Stanley Dudek.

Those administrative gaps may soon close. A day after the lawmen's arrest 
on Monday, county legislators and village officials sternly announced that 
they will crack down on substance abuse by strengthening testing. "We owe 
it to the community to make every attempt we can to prevent it," Holley 
Mayor Dan Schiavone said on Tuesday.

The officers have been suspended; State Police said additional charges and 
arrests are possible.

Grattan, 38, and Stilwell, 40, were charged with attempted fourth-degree 
criminal possession of a controlled substance, a felony punishable by up to 
2 1/3 to seven years in prison.

Russell, 31, was charged with seventh-degree criminal possession of a 
controlled substance, a misdemeanor, which carries up to 90 days in jail. 
They are free on bail and scheduled to appear Friday in Orleans County Court.

Investigators said the men were found in possession of cocaine during a 
two-day operation last week in the village of Albion.

State law does not prescribe which jobs require drug testing, though public 
employees are typically tested as part of pre-employment screening. As part 
of the collective bargaining process, unions negotiate whether drug testing 
is required for employees.

Several area counties recently established random drug testing for police 
officers. Livingston and Ontario counties implemented it when new union 
contracts were drawn last year, saying it was a way to build the public's 
trust.

"We need to keep that type of abuse out of our workplace, especially 
because we are held to a higher standard," said sheriff's Investigator 
Douglas Morsch, vice president of the Livingston County Coalition of Patrol 
Services.

Ronald Evangelista, president of the Monroe County Police Benevolent 
Association, said most police departments in western New York test for 
alcohol and drugs if there is reasonable suspicion. Monroe County agencies, 
including the Rochester Police Department, adopted the policy about 15 
years ago.

"It protects the employee, it protects the employer and it protects the 
citizens," he said.

Smaller police departments may have shied away from drug testing because it 
can be costly -- $75 to $100 per test -- and because they believe they have 
greater oversight of their officers compared with larger departments, union 
officials said.

But that sentiment has quickly changed in Orleans County. Avila, the Medina 
police chief, said he never tested his officers for drugs but said he now 
favors it.

"We're public servants, and the public expects nothing but the utmost from 
us," he said.
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MAP posted-by: Keith Brilhart