Hollywood Police Department SOP #107 Substance Abuse PDF

HOLLYWOOD POLICE DEPARTMENT SOP #107 SUBSTANCE ABUSE ORIGINATION DATE: 05/01/2000 REVISED DATE: 09...

HOLLYWOOD POLICE DEPARTMENT SOP #107 SUBSTANCE ABUSE ORIGINATION DATE: 05/01/2000 REVISED DATE: 09/12/2018 APPROVED: CHIEF OF POLICE, JEFF DEVLIN PURPOSE: To establish guidelines that ensures the integrity of the Police Department by its Members in maintaining a drug free work environment. This policy is guided by Florida State Statutes and the Drug-Free Workplace Act. SCOPE: This SOP applies to all Members of the Department. POLICY: It is the policy of the Hollywood Police Department to comply with the Florida State Statutes regarding substance abuse. INDEX: PROCEDURE:.............................................................................................................................................. 2 I. MEMBER CONDUCT............................................................................................................................. 2 A. MEMBER GUIDELINES:.......................................................................................................................... 2 B. MEMBER’S RESPONSIBILITY TO REPORT THE UTILIZATION OF PRESCRIBED AND NON-PRESCRIBED MEDICATIONS....................................................................................................................................... 2 II. SUPERVISOR RESPONSIBILITIES...................................................................................................... 2 A. SUPERVISORY PROCEDURE:................................................................................................................. 2 B. PRESCRIBED & NON-PRESCRIBED MEDICATIONS:.................................................................................. 3 III. SUBSTANCE ANALYSIS AND RESULTS........................................................................................... 3 A. SUBSTANCE ANALYSIS:......................................................................................................................... 3 B. ANALYSIS RESULTS:............................................................................................................................. 3 IV. DEFINITIONS:........................................................................................................................................ 3 A. REASONABLE SUSPICION:............................................................................................................. 3 B. SUBSTANCE ABUSE:....................................................................................................................... 3 SOP #107 Substance Abuse Page 1 of 3 PROCEDURE: I. MEMBER CONDUCT A. Member Guidelines: 1. Members will conduct themselves in a professional manner while on or off duty as follows; a. On “duty-use” of a controlled substance is strictly prohibited. Members will not be under the influence of, inject, ingest, or otherwise introduce into their body a controlled substance to include: intoxicants, narcotics, barbiturates or central nervous system stimulants as defined in FSS 893.02, FSS 893.0356 and in direct violation of Chapter 893 of FSS. b. Similarly, “off-duty” use of a controlled substance is also strictly prohibited by all Members, unless lawfully prescribed by a licensed practitioner as defined in FSS 893.02(23). c. This excludes the use of medical marijuana which is strictly prohibited by all police employees, even though it may be lawfully prescribed in Florida and various other states across the Nation. 2. Off duty use of a controlled substance that negatively impacts a Member’s job performance may result in a fitness for duty examination and/or disciplinary action. 3. Consumption of alcoholic beverages of any kind, while on duty or in uniform, except as authorized in the performance of official duties is strictly prohibited. 4. Members will not report for duty with the odor of alcoholic beverages on their breath. B. Member’s responsibility to report the utilization of prescribed and non-prescribed medications. 1. Members will notify their immediate Supervisor at the beginning of their tour of duty if they are utilizing a prescription or non-prescription drug that may interfere with their normal motor- function or decision-making skills. 2. Members will also notify their Supervisor of the length of time the Member is expected to be taking the prescribed medication. II. SUPERVISOR RESPONSIBILITIES If there is reasonable suspicion that a Member is using and or under the influence of alcohol, narcotics or other substance while on duty or reporting for duty. Supervisors are guided by the following procedures in addition to (SOP 104.1, Complaint Process). A. Supervisory Procedure: Supervisors will adhere to the following procedures when reasonable suspicion exists that a Member is under the influence of alcohol, narcotics or other illegal substances while on duty: 1. The Supervisor will immediately complete the following: a. Notify the Shift Commander. b. Ensure the Member does not operate a City owned vehicle. c. Ensure the Member’s weapon(s) are removed and secured pending the investigation. d. Complete a Complaint Intake Report (see Appendix A, SOP 104.1) that will be forwarded, by the Supervisor, to the Internal Affairs Unit for further investigation. The report will be forwarded in an expeditious manner. e. Ensure the Member is secured in an area that is safe and continuous observation can be maintained. f. The Member will not be permitted to eat, drink or smoke until test(s) are complete. 2. The Shift Commander will notify the Staff Duty Officer. 3. The Staff Duty Officer will ensure the Internal Affairs Unit is contacted to assist in the investigation. SOP #107 Substance Abuse Page 2 of 3  4. The Chief of Police or his designee will determine if the Member will be required to submit to appropriate testing. B. Prescribed & Non-Prescribed Medications: Supervisors will respond in the following manner when informed of a Member taking prescribed or non-prescribed medications. 1. The Supervisor will immediately notify the Division Major via chain of command. 2. A determination will be made if the Member may perform their regular duties III. SUBSTANCE ANALYSIS AND RESULTS A. Substance Analysis: Substance Analysis may be ordered by the Chief of Police or his designee when there is reasonable suspicion to believe that the Member is, or has been impaired by, or is under the influence of a substance whether on or off duty. 1. A Member suspected of being under the influence of alcohol or narcotics while on duty and a subject of an investigation may, at their request, have a bargaining unit representative present during the testing procedure. 2. Analysis will be conducted using recognized technologies. The types of screening include but are not limited to: a. Blood b. Breath c. Urine 3. Test level guidelines will be adhered to by the current F.D.L.E. standards. B. Analysis Results: The Internal Affairs Unit will ensure compliance with the following procedures. 1. In the event of a positive result, a second definite and confirmatory analysis of the initial sample must be administered in a timely manner to verify the initial positive screening results before administrative action is taken. 2. An Internal Affairs Investigator will include a copy of the analysis results in the investigative report. 3. The Member has the option of obtaining an independent second opinion provided the Member agrees to provide, at the Member’s expense, a duly licensed clinical laboratory technologist or other certified technical expert to observe the analysis procedure using testing equipment located in the Department's servicing laboratory. The analysis will be conducted by the servicing laboratory's Supervisor or certified designee. 4. Results obtained from any additional analysis shall become a part of the Departmental official report. 5. Positive results of analysis or a refusal to submit to analysis may result in disciplinary action and/or termination from employment. 6. The report will be forwarded to the Chief of Police for final decision. IV. DEFINITIONS: A. REASONABLE SUSPICION: Based on factual circumstances as interpreted in light of present and past experience and knowledge. B. SUBSTANCE ABUSE: The use by any Member of an illegal, controlled or uncontrolled, narcotic, drug or alcohol that causes the Member’s job performance, general physical or mental health to decline, or be impaired which may render the Member incapable of performing essential job functions. SOP #107 Substance Abuse Page 3 of 3