Caldwell Prepares To Start Randomly Drug Testing Cops

CALDWELL, NJ — Caldwell is preparing to roll out an ordinance that will allow for the random testing of its local police officers for “illegal drug use.” The proposed law, O-1352-18, comes after New Jersey Attorney General Gurbir Grewal issued a statewide directive mandating random testing for cops in March.

Caldwell’s proposed ordinance was introduced during the Borough Council meeting on May 1. A second reading and public hearing for the proposed law will be held at the council meeting on Tuesday, June 5 in the Borough Hall Council Chambers at 7 p.m.

The ordinance will bring the township into compliance with New Jersey Office of the Attorney General Directive No. 2018-2, “Statewide Mandatory Random Drug Testing,” issued on March 20. (Read the full directive here)

How many officers need to be randomly tested? According to the NJOAG:

“Each agency in its policy shall delineate the frequency and number of officers to be selected for random drug testing. At a minimum, random drug testing shall be conducted at least once in the remainder of 2018 and at least twice in every subsequent calendar year. At least 10 percent of the total number of sworn officers within an agency shall be randomly tested each time.”

Here’s what happens when an officer tests positive for illegal drug use, according to the directive:

“Upon an initial positive result, the officer shall be suspended immediately from all duties. The notification also shall indicate that, upon final disciplinary action, the officer shall be terminated from employment as a law enforcement officer, the officer shall be reported to the Central Drug Registry maintained by the State Police, and the officer shall be permanently barred from future law enforcement employment in New Jersey.”

According to the Grewal, for the past 20 years, NJOAG policy has been to “encourage but not require” law enforcement agencies in the state to adopt a random drug testing component.

But that’s about to change, Grewal wrote.

“Because illicit drug use can be hidden, random drug testing provides an objective procedure to test for violations of a department's drug policy,” Grewal wrote in his March 20 directive. “At the same time, the AG testing policy recognizes the importance of working with unions and governing bodies to ensure that privacy and collective bargaining interests are protected when implementing a random drug testing process.”

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