Drug Testing Policy Causes Rift Between Town and Union, Delays Contract Negotiations

The difference in views on town employee random drug testing between the Town of Smithtown and the Civil Service Employees Association has led to a delay in contract negotiations between the town and the union.

The prior contract ended Dec. 31, 2010.

The town is looking to mandate that all town employees who operate motor vehicles on public highways be subjected to random drug testing. As the policy stands now, under the federal Omnibus Transportation Employee Testing Act of 1991, only employees that operate vehicles with a commercial driver's license can be tested.

“We’re looking to expand the scope of that town policy to include anyone who has access to and operates a motor vehicle on a public highway,” said councilman Edward Wehrheim. 

CSEA Union President Kelly Brown said the town board and the union do not see eye-to-eye on this policy.

"Obviously this system works as it is right now because seven people have been caught," Brown said. "I do not see the need to have everybody in the town drug and alcohol tested because there were a few incidences and this has to be negotiated. Right now we’re following the federal guidelines … for them to decide that they want to do anything else it has to be negotiated with the union."

As the current policy stands, employees operating under a commercial drivers license who violate the drug policy receive a demotion, pay reduction, counseling and more.

"If and when you are caught you have to sign a last chance agreement with the town," Brown said. "You’re going to get a second chance but you are also going to have to go through counseling of whatever type is needed, you’re going to submit to unannounced drug or alcohol tests in the next 12 months and you are dropped down to a laborer until such time that the counseling center feels that you have been sufficiently rehabilitated that you can go back up to your old title."

In the past year there have been seven arrests of Town of Smithtown employees who operate town vehicles with commercial drivers licenses concerning drugs including heroin to marijuana, that range from drug usage to drug possession.

Wehrheim described the current policy as "fair," but limited.

“I think the way it’s set up with random drug testing for the commercial drivers license personnel is fair … our concern here with the Smithtown board is the policy doesn’t include the additional personnel that do not have a commercial drivers license but operate a motor vehicle like a pick-up truck or a town car,” he said. 

Brown said this policy has never been a "major point in contract negotiations," and wasn't brought up until as recent a three weeks ago. The union president is looking for the town to present the union with a clear description of what changes to the policy they want to make and for a new contract to come to fruition.

"I would like to see it [new contract] happen sooner than later, but the town would have to come to the union with a detailed account of what they want to do regarding this drug and alcohol testing," she said. "I have seen absolutely nothing. To come to me and say, ‘I want everybody tested that drives a vehicle,’ well that is very, very vague."

Contract negotiations between the board and union are ongoing.