Pubdate: Tue, 15 Jan 2008
Source: Yakima Herald-Republic (WA)
Copyright: 2008 Yakima Herald-Republic
Contact:  http://www.yakima-herald.com/
Details: http://www.mapinc.org/media/511
Authors: Chris Bristol, and Jennifer Henrichsen
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

POLICE DRUG TESTING LANDS IN LEGISLATURE

Still bristling over an arbitrator's ruling that didn't  go their 
way, Yakima officials are seeking legislation  that would give voters 
across the state the option of  requiring random drug testing of 
police officers in  their communities.

Rep. Charles Ross, R-Naches, said late Monday that he's  agreed to 
take the city's draft proposal and use it as  the basis for a bill.

On Monday, Mayor Dave Edler unveiled a proposal that --  if approved 
by the 2008 Legislature -- would allow  voters to pass local laws 
imposing random drug testing  on police officers and sheriff's 
deputies with a simple  majority vote.

Supporters say it makes sense to have law enforcement  undergo random 
drug testing, but the police union is  girding for a fight. And Jim 
Cline, the attorney for  Yakima's police union, predicted the 
legislation would  go nowhere fast in Olympia.

Yakima's effort is a direct response to an arbitrator's  ruling last 
month that stopped Police Chief Sam Granato  from randomly drug 
testing on the city's 133 sworn  officers, an effort that stymied 
contract negotiations  between the city and the police union for months.

In his December ruling, independent arbitrator Mike  Beck nixed 
random drug testing in Yakima because no  other big-city police force 
in Washington allowed it.  He said the city failed to prove that a 
drug problem  existed on the Yakima police force or that 
mandatory  testing would deter drug use.

"From our perspective, this is Plan B," Edler said,  adding that he 
and other local officials plan to travel  to Olympia later this month 
to lobby lawmakers in  person.

Given the officers' authority and right to use deadly  force, "their 
judgment absolutely needs to be  unimpaired," Edler said.

Ross said he's asked legislative staff draw up a bill  based on the 
proposal by Yakima city attorneys. He and  Sen. Curtis King, 
R-Yakima, have agreed to discuss the  matter today.

"I'm interested, and I think Curtis is interested in  helping the 
city move this issue forward ... ," Ross  said. "I think citizens 
assume that law enforcement  officers are already routinely drug-tested."

Granato said he'll bring the city's drug-testing  proposal to a 
Wednesday meeting of the Washington  Association of Sheriffs and 
Police Chiefs, the  statewide lobbying organization for the state's 
top law  enforcement officials.

"I am going to ask them to support the legislation, but  I don't know 
where it is going to land," said Granato,  a board member of the association.

Giving communities the option of adopting random drug  testing by 
public vote rather than making it mandatory  is the right approach, 
he said. "It's my belief  taxpayers should have the ultimate say-so. 
After all,  they pay for it."

Cline, representing Yakima's police union, called the  city's 
legislative proposal a "nonissue" and said he  doubted it would gain 
much traction on the west side.

"Usually that's the kind of bill that gets filed by a  legislator, 
only to die on the vine," he said. "I'm not  seeing any signs that 
this legislation is viable."

Union officials have argued that random drug testing  violates an 
officer's right against unreasonable search  and seizure and lacks 
proper safeguards.

Cline said the Yakima proposal bypasses the collective  bargaining 
rights of unions and warned it would allow  elected officials and 
candidates to score political  points.

He predicted the lobbying organization for rank and  file officers -- 
the Washington Council of Police and  Sheriffs -- will "come out 
strongly against it."

In Yakima, the arbitrator's ruling left in place the  current 
"reasonable suspicion" policy that union  officials say more quickly 
identifies violators.  Granato had proposed to randomly test 25 
percent of the  force each year.

City officials say 172 other city employees already  submit to random 
drug testing, including Granato and  other police commanders, top 
supervisors in the fire  department and 9-1-1 dispatchers.

Granato conceded drug-testing legislation might fail  this year, but 
he's confident that over time it will  gain support with lawmakers 
and the public.

"I keep telling people -- and Mr. Cline needs to take  note -- the 
genie's out of the bottle. It's not going  back in," he said.

* Staff reporter Chris Bristol reported from Yakima.  Correspondent 
Jennifer Henrichsen reported from  Olympia.
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MAP posted-by: Jay Bergstrom