Appendix B Homework Member Unable Produce Adequate Sample The Member

31

IN WITNESS WHEREOF, the Parties have affixed their signatures this _____ day

of _______, 2008.

LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT

By: _______________________________

JERRY E. ABRAMSON

MAYOR

Date: _________________

RIVER CITY FRATERNAL ORDER OF POLICE, LODGE 614

By: _______________________________

JOHN MCGUIRE

PRESIDENT

Date: __________________

APPROVED AS TO FORM:

__________________________

IRV MAZE

JEFFERSON COUNTY ATTORNEY

___________________________

MARK L. MILLER

COUNSEL, FOP LODGE # 614

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APPENDIX 1 – DRUG TESTING POLICY AND PROCEDURES

Policy Statement

The policy of the Louisville Metro Police Department (hereinafter “Department”) is to

maintain a drug-free work environment and workforce.

The River City Fraternal Order of Police, Lodge # 614 (hereinafter the “Lodge”) and the

Department agree that there are compelling interests which demand that the Louisville Metro Police

Definitions

2. Reasonable Suspicion – A reasonable suspicion is an articulable belief that a

Member is using or is under the influence of illegal drugs, drawn from specific and particularized

facts and reasonable inference from those facts. Reasonable suspicion that a Member uses or is

using illegal drugs may be based upon, but not limited to:

a. Observable phenomena such as direct observation of drug use, possession of drugs,

or the physical symptoms of being under the influence of a drug;

3. Individual Suspicion – Reasonable suspicion that a Member is illegally using a

prohibited substance.

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4. Medical Review Member (MRO) – Licensed physician with knowledge of

Procedures and Rules

1. Prohibited Activity – The following rules apply to all Members, while on or off

duty:

a. No Member shall use or possess any controlled substance as defined in Chapter

c. Any Member who unintentionally ingests, or is made to ingest, a controlled

d. All departmentally owned property, including but not limited to vehicles, lockers,

2. Random Testing

a. Every Member will be required as a condition of continued employment to submit to

unannounced random drug tests during the course of the Member’s employment.

b. Testing under this provision shall be conducted on a random basis, and this

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3. Drug Testing on Basis of Transfer

All Members shall be required to submit to a drug test as a condition of transfer to the Air

4. Drug Testing on the Basis of Individualized Reasonable Suspicion

a. Members will be required to take drug tests as a condition of continued employment

in order to ascertain prohibited drug usage whenever reasonable suspicion exists as

to that Member’s use of prohibited drugs.

b. If reasonable suspicion is established that a Member is in violation of this policy, the

Notification for Testing

1. Testing based upon reasonable suspicion shall be done as soon as possible without

any prior notification to the Member.

2. Members notified of their selection for random testing shall proceed immediately to

Drug Testing Procedures

1. Location – The test shall be given at an authorized, private collection facility as

designated acceptable by the Chief of Police. The location shall be secure and afford reasonable

privacy to the Member.

2. Specimen Collection

a. Before testing, the Member will be requested to produce a departmental

identification card for positive identification. Each Member will be informed that

they may request a split sample and the procedures for same.

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c. In a logbook the collection site personnel will enter the date, the Member’s

identification number, and the time that the specimen is being collected in the

d. The Member shall be requested to remove any unnecessary outer garments (e.g.,

coat, jacket) that might conceal items or substances that could be used to tamper or

e. The Member will be escorted to the collection area and instructed to wash and dry

f. At the collection site, toilet bluing agent shall be placed in the toilet tank whenever

g. The Member will be kept under observation throughout the testing process to ensure

the integrity of the test. However, collection site personnel will not be in direct

h. Direct observation of the collection of the specimen will be allowed only when there

are reasonable grounds to believe that the Member will attempt to adulterate the

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j. Upon receiving the specimen from the Member, the collection site personnel will

k. If a Member is unable to produce an adequate sample, the Member must be provided

a reasonable amount of time to do so. The Member may be given a reasonable

l. Specimens found to be outside of the normal body temperature range will be rejected

and the Member will be asked to provide another sample. The second specimen will

3. Testing Methodology

a. A testing laboratory, duly accredited by the United States Department of Health and

Human Services (HHS), shall perform the urinalysis of a Member who is required to

b. The initial test to be utilized for the drug screen shall be an immunoassay test, unless

the sample is being tested for the presence of anabolic androgenic agents, in which

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Initial Test Level (ng/ml)1

2. Cocaine metabolites 300

4. Phencyclclidine 25

6. Anabolic Androgenic Agents

c. All specimens identified as positive on the initial test shall be confirmed using

GC/MS techniques at the cutoff values listed in this paragraph for each drug. All

confirmations shall be quantitative analysis.

Confirmatory Test Level (ng/ml)

1. Marijuana metabolites4 15

4. Phencyclclidine 25

5. Amphetamines

d. Prior to test results being provided to the Department or the Member, the MRO will

compare said test results with the list of prescriptions and over-the-counter

medications provided by the Member pursuant to these procedures.

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4. Disciplinary Action.

5. Employee Assistance Program.

Metro Government shall provide an Employee Assistance Program. Voluntary requests for

6. Records Retention and Use

Records of a positive drug test or refusal to submit to such test as provided in this

7. Changes in Testing Procedure.

The parties recognize that during the life of this Agreement, there may be improvements in the

39

APPENDIX 2 – WAGE AND LONGEVITY SCHEDULE

Start

1 yr

2-3 yrs

4-5 yrs

6-7 yrs

8-9 yrs

10-11 yrs

12-13 yrs

14-15 yrs

16-17 yrs

18-19 yrs

20-21 yrs

22-23 yrs

24 + yrs

STEP 1

STEP 2

STEP 3

STEP 4

STEP 5

STEP 6

STEP 7

STEP 8

STEP 9

STEP 10

STEP 11

STEP 1

STEP 2

STEP 3

STEP 4

STEP 5

STEP 6

STEP 7

STEP 8

STEP 9

STEP 10

STEP 11

STEP 12

STEP 13

STEP 14

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APPENDIX 3 – LEASE

THIS LEASE, made this 1st day of July, 2007, between LOUISVILLE/JEFFERSON

COUNTY METRO GOVERNMENT (“Metro Government”) and the RIVER CITY FRATERNAL

ORDER OF POLICE, LODGE NO. 614 (the “Lodge”).

WITNESSETH:

That Metro Government hereby leases to the Lodge approximately 24,800 square feet in the

S.W. corner of the block bounded by 8th, 9th, Jefferson and Liberty Streets for the period of one (1)

IN CONSIDERATION WHEREOF, the Lodge shall pay One Dollar ($1.00) at the date

the lease is signed of each and every year being at the rate of One Dollar ($1.00) per annum; to take

The following additional stipulations are hereby declared to be part of this Lease:

1. The Lodge shall not at any time use the Premises, or permit it to be used, in such a

2. In case of a violation of clause 1 on the part of the Lodge, it agrees to pay Metro

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3. The Lodge covenants to comply with all laws and ordinances in regard to nuisances,

4. Should the Lodge continue to occupy the Premises after the expiration of said term, or

5. Should Metro Government at any time rightfully seek to recover possession of the

6. This Lease, at the option of Metro Government, shall be void and forfeited in case of any

7. Metro Government shall have free access to the premises herein leased for the purpose of

iii

IN WITNESS WHEREOF, the Parties have affixed their signatures this _____ day of

_______, 2008.

LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT

By: _______________________________ Date: _________________

JERRY E. ABRAMSON

MAYOR

RIVER CITY FRATERNAL ORDER OF POLICE, LODGE 614

By: _______________________________ Date: __________________

JOHN MCGUIRE

PRESIDENT

APPROVED AS TO FORM:

___________________________ __________________________

IRV MAZE MARK L. MILLER

JEFFERSON COUNTY ATTORNEY COUNSEL, FOP LODGE # 614