ARBITRATOR DEFIES LOGIC WITH DRUG-TESTING RULING

There's one thing not to like about binding arbitration: If the
arbitrator gets it wrong, you're still bound by the results. And
that's the case with a ruling last week that the city of Yakima
cannot impose mandatory random drug testing on its police officers.

For the life of us, we can't figure out why this is such a
controversial subject when it should be a slam dunk in the name of
common sense and public trust.

The issue went to binding arbitration last summer to resolve a
standoff of more than two years between city administration and the
Yakima Police Patrolman's Association. Mandatory random drug testing
is a matter of negotiation between the city and unions, and the
union has argued that such testing violates an officer's right
against unreasonable search and seizure and lacks proper safeguards.

The rationale of the arbitrator brought in from Seattle is puzzling
to say the least in that it focuses so much on precedent. He ruled
against the city after finding that no comparably sized Washington
city has random drug testing, and because the city failed to prove
that a drug problem existed on the police force or that mandatory
testing would deter drug use.

Yakima Police Chief Sam Granato said the smaller cities of Moses
Lake, Sunnyside and Selah have testing programs, and "as for cops
nationwide, New York, Los Angeles, Chicago, Boston, San Antonio,
Miami, Corpus Christi and the Los Angles Sheriff's Office, are all
randomly drug testing. How many nationwide? I don't know if anybody
has a list."

Precedent has to be set somewhere in the state for cities the size
of Yakima, so why not Yakima? Why should the city have to prove a
problem to institute a program of testing that helps guard against
one in the future?

And what's really bothersome in Yakima is the de facto double
standard for testing.

The city's substance abuse policy adopted in 1996 is essentially in
two parts. The first covers all city employees and mandates very
common pre-employment tests. It also allows tests if there's
reasonable cause to believe an employee is under the influence of a
controlled substance.

The second part calls for mandatory random drug testing for those
who operate heavy machinery or drive city buses. This testing is
required by federal regulations promulgated by the Department of
Transportation for those employees who must have a commercial
driver's license.

Testimony during last summer's arbitration hearing pointed out that
172 other city employees already submit to random drug testing,
including Yakima Police Chief Sam Granato and other police
commanders, the fire department management group and battalion
chiefs and 9-1-1 call takers and emergency dispatchers.

Why is it such a stretch to extend that coverage to police officers
to bolster public confidence in those who are held to a higher
standard in the community because they are entrusted with ensuring
public health and safety?

So, in light of the ruling, now what?

Rather than have the city and unions further at odds on this issue,
we'd much prefer to see both sides agree there's real value to
mandatory random testing and begin work toward a reasonable program.

While chances now appear slim that will happen, we urge Yakima City
Manager Dick Zais, Granato and other officials to support efforts in
the state Legislature to deal with the testing issue. Now it appears
that's where resolution will have to come from, and any further
efforts by them on the local front most likely would only fuel the
conspiracy theories that they have ulterior motives for wanting the
testing program.

Zais has already suggested that the city would lobby state
legislators to require random drug testing in contracts for all
public safety employees.

We repeat our previous editorial stand on this important issue:
We're interested in what's best for the community. Let Yakima become
a statewide leader on an issue of such public importance and trust.

* Members of the Yakima Herald-Republic editorial board are Michael
Shepard, Sarah Jenkins and Bill Lee.