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From: RobertHunt@caotictranquility@yahoo.com
Password: orange
Date: 30 Nov 2007
Time: 10:35:21 -0800
Remote Name: 71.8.119.215
I have been a firefighter since 1984. I have been indefinitely suspended for refusing to take a second drug test because my Fire Chief was going outside the rules. Can he legally do following thing?
1) Base reasonable suspicion from phone call from my angry ex-girlfriend. No observed behavior!
2) No documentation
3) I was allowed to work for 5 1/2 hours of a shift after he had reasonable suspicion. Driving a fire engine. The test occurred more than 48 hours from his declared triggering event. Is there a 32 hour limit on reasonable suspicion drug test?
4) reasonable suspicion box was checked off on CCF
5) I took the test and was sent home pending the results. He called me in the next day and informed me that I had to submit another sample. He said my results were "unusual specimen". I asked for the exact results of my test as reported by the MRO. He refused to give me that information. He stated that by City policy "unusual specimen" calls for a retest. I knew he violated more than ten City policies and several DOT regulations on the first test. That, combined with the non disclosure of my result, prompted me to refuse to submit to testing again. I have had problems with him in the past violating drug testing rules. Six days later I was finally informed that it was a negative dilute. I told him that I was drinking lots of water the days before and of the test because 3 days prior I had returned from Northern California for the month of June, where the temp is around 59 degrees. Now I was back in Texas in July, working a 48 hour shift in temperatures over 100 degrees. I drank no water after he notified me that I had to take the first test. I was driven to the facility.
The City has denied sending me for a reasonable suspicion test. They are now claiming that by City policy the Fire Chief can send any member of his department down for a test. He has that authority, I agree. My question is just because he has the authority to send me down, does that mean that he can mark any box on the CCF, not follow DOT rules, withhold my results from me, and pretty much anything else he chooses? I do not have the amount of money it takes for legal representation. I have been employed under the condition of random drug testing since 1984, I have never tested positive. This should not be allowed to happen in the United States of America. They will most likely get away with this and fire me for good. Let me know if you can clarify any of the above issues. Thank you