County Seeks Drug Tests in Sheriff’s Dept. : Law enforcement: The union representing officers wants assurances that the plan for random testing would be fairly administered.

In a move touted by officials as a way to reinforce local government’s anti-drug philosophy, Orange County has been negotiating to implement random drug testing within the Sheriff’s Department.

If approved by the 1,192-member Assn. of Orange County Deputy Sheriffs, the department would become only the second law enforcement agency in the county to adopt such a policy.

Although the county discussions with the union have just begun, association leaders said the issue is of “great concern,” requiring much research and assurances that a random policy would be fairly administered.

“Anytime there are negotiations involving drug testing, there has to be a balancing of rights,” said Robert MacLeod, general manager of the county’s largest law enforcement union. “I don’t know how they (deputies) are going to react.”

The initial push for random testing for local law enforcement personnel began two years ago, when the Orange County Chiefs of Police and Sheriff’s Assn. issued a general endorsement of the concept.

Since that time, however, only the city of Orange Police Department has moved to implement it, and, mainly because of budget constraints, not a single urine sample has been collected in the nearly two years the policy has existed.

By initiating discussion with the deputies’ union, the county joins four other police departments--Santa Ana, Garden Grove, La Palma and Tustin--that have similar proposals under study.

Richard R. Thornburgh, the county’s deputy employee relations manager, said recent discussions between union and management have not yet determined how often sheriff’s deputies would be tested or which drugs would be screened.

“This is the first time we’ve proposed anything like this,” Thornburgh said. “We really can’t get into details of ongoing negotiations. But the county is committed to saying ‘no’ to drugs and this follows that philosophy.”

MacLeod said talks have been so limited that “very few” officers in the department know of the county proposal.

“We understand the need to have law enforcement employees be drug free,” MacLeod said. “We’re very concerned about that fact.”

Specifically, the union is concerned whether there will be enough fail-safes built into the test procedures to ensure against erroneous results, MacLeod said. The union also wants assurances that the test procedure will not be used to punish deputies.

Currently, the department conducts pre-employment drug screening of applicants, and orders tests in cases where there is suspicion of drug use by sworn officers. MacLeod said there have been just five cases in which deputies have been tested after suspicion of drug use. In each case, the results were negative.

Despite the union’s concerns, MacLeod said the association would await findings of its own research before issuing a formal position on the issue.

One of the model programs under study by the union and other local departments considering such a policy is the random testing done by the Los Angeles County Sheriff’s Department.

Since that policy was implemented in September, 1990, Sheriff’s Cmdr. Bill Stonich said the department has randomly tested 7,000 of its 8,000 sworn officers. Each officer is provided a number, and the numbers are fed into a computer for random selection.

Those selected for testing are asked to provide two urine samples, along with an identifying thumbprint. One of the samples is examined by the department’s crime laboratory, while the second is saved for future analysis in case of a positive result.

The test screens for amphetamines, methamphetamines, barbiturates, cocaine, codeine, marijuana, heroin, Quaaludes, PCP and methadone.

Stonich said “only a fraction of 1%” tested have come back positive. The most common findings have come from use of codeine during flu season. Those with positive findings are referred to a medical conference and possible disciplinary action.

The commander said the department has fielded inquiries about its policy--part of a labor agreement approved by the Assn. of Los Angeles Deputy Sheriffs and the Professional Peace Officers Assn.--from law enforcement agencies throughout California and the nation.

“It’s a sign of the times,” Stonich said of the policy. “Law enforcement draws people from a society which has access to, and sometimes involves itself with, illegal drugs.”

Officials with the union representing Los Angeles County sheriff’s deputies did not return telephone calls seeking comment.

In the city of Orange, Capt. Dean Richards said the department worked for six months to develop and win approval for its program. But a combination of forces have kept it from ever being implemented.

Richards said the policy has been considered a “frill program” and, with budget crises plaguing most municipal governments, the $3,000 to $5,000 needed to run the program was thought to be better spent elsewhere than the testing of the department’s 278 officers and support staff.

“At this point, we feel like everybody’s doing what they are supposed to do,” said Sgt. Barry Weinstein, a department spokesman.

The Orange program is similar to the one used in Los Angeles County, but the Orange test does include screening for anabolic steroids. Richards said that several years ago there was suspicion that officers may have been using steroids as part of physical fitness programs.

At that time, the department issued a memo addressing the prohibition and “that seemed to correct it,” Richards said.

Detective Jim Carson, vice president of the Orange Police Assn., said the testing program was largely embraced by the officers, some of whom surprisingly wanted blood testing to be included in the policy. (Although never used, the program calls only for urine samples.)

“Being an organization such as a Police Department, there has to be a standard we have to adhere to,” Carson said. “It’s in our own best interest. We just sat down and hammered out an agreement.”

Santa Ana, meanwhile, has been studying a program for at least two years and officials say a formal proposal could be presented to Chief Paul M. Walters this month. If Walters approves it, the proposal would then have to be made part of the city’s labor agreement with the police union.

“I can tell you that a tremendous amount of effort went into this with the intent of greatly reducing the possibility for error,” said Lt. Robert Helton, a Santa Ana Police Department spokesman. Contents of the proposal have not been released because it has not been completed.

“It’s gone through a number of changes. We realize the sensitivity of such a policy. But we’re doing our utmost to have something that is comprehensive.”

At the county, Sheriff’s Capt. Dave Mann said he is hopeful an agreement could be arranged with the association within the next few months.

“We have to show our employees that the tests would be done totally at random and not done for punitive purposes,” Mann said. “As long as it is truly random testing, it not only protects the public, but protects fellow officers. A good, fair system would sell itself.

“Our jobs hold trust and responsibility,” the captain said. “We should be the first to say that cops and sheriff’s deputies are drug free.”