CITY PUSHES FORWARD WITH DRUG TESTING

PEABODY - The city will start random drug testing of firefighters this
month despite a monthslong standoff with the union over the company
picked to conduct the work.

Union President James Lendall said yesterday that firefighters have no
qualms with the drug testing. They simply object to the city's chosen
company because of past irregularities in Peabody, he said.

"We're all for it (drug testing), we just want it to be done right,"
Lendall said. "I'm not saying the last company didn't do it right. I'm
saying there were problems."

Both sides described talks as friendly but remain at odds on the
company selected. Neither the chief nor the union would name the company.

Nevertheless, fire Chief Steven Pasdon said yesterday that the random
drug testing is imminent, although he does not have a specific start
date.

The random drug testing comes as a result of firefighter John Brophy
Jr. sleeping through a 911 call in March 2005. It was the last in a
series of infractions the firefighter had been handed, including a
positive drug test the summer prior. Brophy challenged the drug test,
which was ruled improper in court.

The city was eventually ordered to rehire Brophy but has since
appealed, leaving the firefighter's fate in limbo until the case is
decided.

The court also outlined the drug-testing procedure the city is
starting.

Union officials have agreed to all but the one issue, saying the
courts gave them a say in the company. They want the city to use the
same company contracted by the state to test commercial drivers.

"We want to have a say in it," Lendall said.

But Pasdon said the judge's ruling only allowed the union to weigh in
on the laboratory picked to analyze the hair samples and not the company.

"The issues, I believe, are ill-perceived," Pasdon said. "The vendor
is the vendor is the vendor."

Pasdon had hoped to get the random drug testing off the ground in
November until negotiations stalled on the company.

"We understand they have concerns, and the concerns have been
addressed," he said.

The chief said the testing will be done bimonthly and affect up to
nine firefighters each round. In the course of the year, the number of
tests will total 50 percent of the department.

The vendor will pick the firefighters at random using an employee
number, the chief said. Every firefighter is included in each of the
year's six testing pools even if tested in a previous lot.

"The same names have to go back in to make the drawing fair and
equitable," Pasdon said.

The city can also ask for drug tests for a number of other reasons
like promotion, a safety violation or being out of work more than 90
days.

In the past, drug-testing policy was tied to Civil Service, did not
allow random testing and did not specify the test.

The chief remains steadfast in the city's choice of vendor, which he
says is local. The firefighters' preference would send employees out
of the area. Pasdon said the city must pay for the employee's time to
and from the test.

"It's far from here," the chief said. "I'm not going to send my
employee 20 miles to another location when I have a vendor right here
in town."