Pubdate: Sun, 09 Dec 2007
Source: Yakima Herald-Republic (WA)
Copyright: 2007 Yakima Herald-Republic
Contact:  http://www.yakima-herald.com/
Details: http://www.mapinc.org/media/511
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

ARBITRATOR DEFIES LOGIC WITH DRUG-TESTING RULING

There's one thing not to like about binding  arbitration: If the 
arbitrator gets it wrong, you're  still bound by the results. And 
that's the case with a  ruling last week that the city of Yakima 
cannot impose  mandatory random drug testing on its police officers.

For the life of us, we can't figure out why this is  such a 
controversial subject when it should be a slam  dunk in the name of 
common sense and public trust.

The issue went to binding arbitration last summer to  resolve a 
standoff of more than two years between city  administration and the 
Yakima Police Patrolman's  Association. Mandatory random drug testing 
is a matter  of negotiation between the city and unions, and the 
union has argued that such testing violates an  officer's right 
against unreasonable search and seizure  and lacks proper safeguards.

The rationale of the arbitrator brought in from Seattle  is puzzling 
to say the least in that it focuses so much  on precedent. He ruled 
against the city after finding  that no comparably sized Washington 
city has random  drug testing, and because the city failed to prove 
that  a drug problem existed on the police force or that  mandatory 
testing would deter drug use.

Yakima Police Chief Sam Granato said the smaller cities  of Moses 
Lake, Sunnyside and Selah have testing  programs, and "as for cops 
nationwide, New York, Los  Angeles, Chicago, Boston, San Antonio, 
Miami, Corpus  Christi and the Los Angles Sheriff's Office, are all 
randomly drug testing. How many nationwide? I don't  know if anybody 
has a list."

Precedent has to be set somewhere in the state for  cities the size 
of Yakima, so why not Yakima? Why  should the city have to prove a 
problem to institute a  program of testing that helps guard against 
one in the  future?

And what's really bothersome in Yakima is the de facto double 
standard for testing.

The city's substance abuse policy adopted in 1996 is  essentially in 
two parts. The first covers all city  employees and mandates very 
common pre-employment  tests. It also allows tests if there's 
reasonable cause  to believe an employee is under the influence of a 
controlled substance.

The second part calls for mandatory random drug testing  for those 
who operate heavy machinery or drive city  buses. This testing is 
required by federal regulations  promulgated by the Department of 
Transportation for  those employees who must have a commercial 
driver's  license.

Testimony during last summer's arbitration hearing  pointed out that 
172 other city employees already  submit to random drug testing, 
including Yakima Police  Chief Sam Granato and other police 
commanders, the fire  department management group and battalion 
chiefs and  9-1-1 call takers and emergency dispatchers.

Why is it such a stretch to extend that coverage to  police officers 
to bolster public confidence in those  who are held to a higher 
standard in the community  because they are entrusted with ensuring 
public health  and safety?

So, in light of the ruling, now what?

Rather than have the city and unions further at odds on  this issue, 
we'd much prefer to see both sides agree  there's real value to 
mandatory random testing and  begin work toward a reasonable program.

While chances now appear slim that will happen, we urge  Yakima City 
Manager Dick Zais, Granato and other  officials to support efforts in 
the state Legislature  to deal with the testing issue. Now it appears 
that's  where resolution will have to come from, and any  further 
efforts by them on the local front most likely  would only fuel the 
conspiracy theories that they have  ulterior motives for wanting the 
testing program.

Zais has already suggested that the city would lobby  state 
legislators to require random drug testing in  contracts for all 
public safety employees.

We repeat our previous editorial stand on this  important issue: 
We're interested in what's best for  the community. Let Yakima become 
a statewide leader on  an issue of such public importance and trust.

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* Members of the Yakima Herald-Republic editorial board  are Michael 
Shepard, Sarah Jenkins and Bill Lee.
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MAP posted-by: Jay Bergstrom