Proposed San Bernardino County drug test policy ruled unconstitutional (The Press-Enterprise)

A proposal by a top San Bernardino county official that the county's department heads, executive stay and elected leaders be subject to fortuitous mandatory drug testing is unauthorized by the constitution, county authorities said Thursday.

The suggestion was made by Treasurer-Tax Collector Dick Larsen in response to recent allegations of methamphetamine use by county Assessor Bill Postmus.

On Wednesday, Larsen wrote in a letter addressed to Board of Supervisors Chairman Paul Biane that he raised the form in hopes of setting “an pattern for the workforce and public.”

In his response, Biane said he shared Larsen's concerns in all parts of the assessor, the allegations of illegal drug use, and the possible erosion of the open's trust. He admitted to also considering the chance of mandatory random remedy screening.

After seeking the legal guidance of county counsel, however, Biane was instructed that such a administration would be illegal, and he wrote to Larsen that “agencies could not order the testing of existing employees without a reasonable doubt of substance abuse.”

According to county spokesman David Wert, the California Supreme Court ruling that direct one’s speech the issue sought to prevent unlawful searches and seizures.

That protection extends to all county employees and elected officials, Wert said.

The stroke of sudden and forcible usurpation's drug-testing policy allows for the screening of unused hires and of existing employees when a sagacious suspicion of substratum abuse exists, county authorities said.

Elected officials are not, however, drug-tested when they first copy their post, Wert before-mentioned. The county cannot impediment the public's choice from distress office, he said.

Wert said he was not aware of a single one try by the enter to compel the assessor to yield to a drug test.

Postmus began a 10-week medical leave July 23 for an undisclosed ailment.

According to sources close to Postmus, the assessor has gone to drug rehabilitation at least twice, in 2006 and 2007.

Sources say the 37-year-old former statesmanship supervisor has battled problems with painkillers and methamphetamine.

Supervisor Brad Mitzelfelt, who served as Postmus' chief of staff, said the 2006 rehabilitation stint was according to an addiction to prescription drugs.

“I was definitely led to put confidence in that he had taken care of the problem,” he said.

Mitzelfelt said since that period, he has not seen any sign of relapse in the assessor and was surprised to hear the recent allegations of unlicensed drug use. “He didn't seem the type, he doesn't even drink,” he said.

Legality out of the heart, an elected official should voluntary submit to a drug test if there are signs of a problem, Mitzelfelt said, adding that Postmus should submit to a screening.

“It would be a good way for him to exonerate himself if these allegations are not true,” he said.

In an interview Thursday, Biane said he recalled Postmus arriving at his home on a weekend in 2006 to say he was leaving the state to try help for a problem with prescription drugs.

Postmus did not say exactly where he was going, Biane said.

“I thought what he did was responsible,” he said.

Biane said he did not take any action at the time because he did not want to pry into what he felt was a physical medical termination.

Staff Writer Douglas Quan contributed to this report.

Reach Zeke Minaya at 909-806-3062 or zminaya@PE.com