be permanently barred from future law enforcement employ-
ment in New Jersey.
What testing procedures will be used?
The Directive requires agencies to use the same drug-testing
procedures for the random testing program that it uses in the
drug-testing policy implemented after the 1986 attorney gen-
eral directive was issued. The sections of that policy dealing
with specimen acquisition, analysis, results, etc. will apply to
the random-testing program. It will also treat a refusal to take
a random test as a positive test result, leading to termination
of employment.
Notice from the law enforcement agency to the county
prosecutor:
The law enforcement agency’s chief executive must notify
the county prosecutor in the event of a positive drug test by
an officer, a refusal by an officer to take a drug test or the ad-
ministration of a reasonable suspicion drug test to an officer.
The notice is a confidential written notice within 10 days of the
event. The chief executive must also notify the county prose-
cutor upon the completion of any disciplinary action against
an officer.
By Dec. 31 of each year, every law enforcement agency must
provide written notice to the county prosecutor of the dates of
the random testing conducted during the prior year, the total
number of sworn officers employed by the agency, the total
number of sworn officers tested and the total number of sworn
officers who tested positive.
Notice from the county prosecutor to the attorney general:
The county prosecutor must submit a written report to the
attorney general by Jan. 31 of each year with a summary in-
cluding those agencies under the county prosecutor’s supervi-
sion that are in compliance with the Directive and those that
are not. The summary will not reveal any officer’s identity.
Public notice:
All random drug-testing policies adopted by a law enforce-
ment agency must be made available to the public on request
and poste d on the agency’s website. Annual reports from the
county prosecutor to the attorney general must also be made
available to the public upon request and posted on the agen-
cy’s website. However, all written reports pursuant to the Di-
rective that identify specific officers are confidential and not
subject to public disclosure.
Our suggestions:
While many departments may already have similar policies,
we suggest that PBA Locals consult with their attorneys, or
with us, to review any policies that are implemented as a re-
sult of this Directive. In addition, even before a policy is imple-
mented, PBA Locals should request the opportunity to review
any draft of the policies.
Although the Directive has been mandated by the attorney
general and all law enforcement agencies must comply with it,
there may be negotiable issues concerning procedures to be
used when implementing the Directive. For example, PBA Lo-
cals should try to negotiate the procedures which will be used
for the random selection, and to have a PBA representative
present when the random selection is actually made.
We are continuing to review and analyze this Directive and
will keep the NJ State PBA and members updated on any de-
velopments. d
www.njcopsmagazine.com
■ APRIL 2018 13