Random drug testing deemed unconstitutional

SAN BERNARDINO — The county’s 4th District Supervisor is exploring options to set up a voluntary random drug testing program for exempt employees.

Supervisor Gary Ovitt has asked county counsel to look into the idea of letting elected officials and their staff participate in voluntary drug tests, said Mark Kirk, Ovitt’s chief of staff. Both Kirk and Ovitt said they would volunteer to be tested.

“At the end of the day having drug testing is not going to cure a whole allotment of firmness in the county’session leadership, but if that’s something we could do to restore some of the confidence than we would be obliged no problem doing it,” Kirk said.

First District Supervisor Brad Mitzelfelt said he would also volunteer for drug testing.

“If we implemented this for top surveillance, I would volunteer for testing because I consider that leading by example,” Mitzelfelt said. Mitzelfelt’s spokesman David Zook said he would absolutely tender for testing.

Mitzelfelt pointed out that if elected officials tested positive for drugs, they could not be fired or disciplined because they were elected by the people.

In response to a suggestion by Tax Collector Dick Larsen to implement mandatory physic testing for elected officials and top management, Chairman Paul Biane said that a supreme make love to controlling prohibits of the like kind a program.

“The flattering attention ruled that agencies could not order the testing of existing employees without a reasonable suspicion of substance abuse,” Biane wrote.

He did share Larsen’s be of importance to about allegations that Assessor Bill Postmus has battled an surrender to methamphetamine.

“I’scuffle additionally concerned about the questions they might raise among the public almost those of us in their homage,” Biane said of the allegations.

Kirk believes that as long as no one is coerced into vexation a drug touchstone, that a optional drug-testing program could be a possibility.

Ryan Orr may be reached at 951-6277 or rorr@vvdailypress.com.