RANDOM DRUG TESTING FOR COPS A CLOUDY ISSUE

The recent arrest of a Scranton police officer for allegedly selling
drugs while on duty has sparked concerns about whether the city
should, or even can, randomly test its officers.

Mark Conway, 36, of 1012 Maple St., was arrested March 1 after
Lackawanna County detectives allegedly found five OxyContin pills and
33 methadone tablets in his patrol car. A confidential informant
tipped authorities that Officer Conway was allegedly addicted to
heroin for more than a year. The informant also said he had bought
heroin from Officer Conway about 10 times, according to an affidavit.

Shortly after the officer's arrest, Scranton Public Safety Director
Ray Hayes was quoted as saying he'd like to see random drug testing
for police officers as part of the next labor contract. The current
police contract was signed in May 1999 and expired in 2002. The city
and police cannot negotiate a new contract until all outstanding
police arbitrations are settled.

While the current contract states Scranton police officers can only
be tested for drugs based on "reasonable suspicion," some say the
contract language is ambiguous and already allows for random drug
testing. The contract does require mandatory drug testing on officers
in the drug enforcement unit.

"I think it's pretty clear... the contract allows for random drug
testing," said Ann Marie Stulgis, police union president. She recalls
a committee being set up shortly after the contract was approved to
solicit bids from lab companies to perform the testing.

"But it was never implemented," she said. "I don't know why."

Former Police Officer John O'Shea was union president when the last
labor contract was approved. He retired in 2002.

"It's in our contract," he said bluntly, after being asked if the
city has the ability to randomly drug test its officers. "It came
from the (officers). They wanted it."

However he couldn't say why it was never implemented.

"That's an administrative deal," he said. "It costs money."

However, Mr. Hayes, Scranton Mayor Chris Doherty and Scranton Human
Resources Director Lisa Moran insist random drug testing is not
included in the current contract.

"We recognize that we really need a comprehensive drug policy," Mr.
Hayes, who started as public safety director in 2002, said. "And
although this policy here that we have in place is a first step --
they had nothing before that -- you really need a total comprehensive
drug policy that includes random testing as well as testing for cause."

Officer Conway's arrest underscores the need for a random drug
testing policy, he added.

Since May 1999, the department has sent just one officer for testing,
based on "reasonable suspicion," Mr. Hayes said. That suspicion
turned out to be false, he said. Despite the differences in semantics
of the contract, Mr. Hayes, Mr. Doherty, Mrs. Moran and Ms. Stulgis
support random drug testing for Scranton police.

Mr. Hayes even went as far as to invite Ms. Stulgis to sit down with
him on Monday and hash out a plan.

"The city would like to make that modification, if the union is in
agreement, so that we could initiate random drug testing immediately," he said.

Throughout the state, policies vary on random drug testing on police officers.

The Jessup Police Department, for instance, does not have random drug
testing and only does pre-employment drug testing for officers.
Police Chief Patrick Kane said the borough is considering random drug
testing, especially after one of its off-duty police officers was
arrested for allegedly stealing a rifle, marijuana and hypodermic
needles from their evidence room.

Last February, Officer Robert Santarelli was charged with burglary,
theft, receiving stolen property and possession of marijuana and drug
paraphernalia. Officer Santarelli, who has been suspended from the
department since February 2006, was arrested again in January for
allegedly impersonating a state trooper to obtain a prescription drug
from Berwick Hospital.

"Random drug testing should be in everyone's policy the way things
are going," Chief Kane said.

Police departments in Roaring Brook and South Abington Township have
been doing random drug testing for at least 15 years.

"It keeps the police officers honest," Roaring Brook Police Chief
Kipp Adcock said. "If they know they're subject to drug testing, then
hopefully that will be a deterrent."

South Abington Township Police Chief Robert Gerrity echoed Chief
Adcock's opinion.

"Anyone operating police equipment should be subject to random
testing," he said. "Just to show that there's nothing illegal going
on with that police department."

Dickson City can require an officer to take a drug test if Police
Chief William Stadnitski suspects the officer is under the influence
of drugs or alcohol. However, in the six years that stipulation has
been in the borough's police contract, it has never been used.

"If an officer comes in and looks half-bombed out of his skull, then
the borough can request that officer be drug tested," he said. "The
results are only to be used for administrative purposes and not
criminal purposes."

The Allentown Police Department had performed random drug testing for
more than 10 years, Police Chief Roger MacLean said. Allentown also
tests its officers in the vice unit, all potential hires and even
officers who get promoted within the department.

"We've run many random drug tests and only ever came up with two
officers testing positive," Chief MacLean said. "I thought in today's
day and age, everyone would have it. I think it's a good thing to have."

Archbald, Covington Township and Taylor police departments do not
have random drug testing. Neither do Wilkes-Barre or Erie, cities
that are similar in size to Scranton.

Taylor Police Chief Steve Derenick supports random drug testing for officers.

"I think in law enforcement, it should be required," he said.
"They're the ones enforcing the penal code."

Liz Portelli, director of development and communication for Drug Free
Pennsylvania, insisted random drug testing should be mandatory for
police officers -- no exceptions.

"Police officers should be role models for kids. You don't want your
police officers to be on drugs when they're on the job."

Scranton Police Department drug testing policy:

http://www.scrantontimestribune.com/projects/cops.pdf