Prosecutor can test cops for drugs, By: Richard Cowen

April 25, 2006

An appeals court ruled Monday that Passaic County Prosecutor James F. Avigliano acted properly in 2004 when he ordered 10 police officers suspected of using steroids to undergo drug testing.

The Appellate Division panel let stand a lower court ruling that clarifies Avigliano's role as the top law enforcement official in the county.

In that role, he has the power to order any police officer employed by any police department in the county to take a drug test.

The decision is important because it broadens the power of the prosecutor to call for drug tests if there is a "reasonable suspicion" that a police officer is using illegal substances.

Unions representing the 10 police officers had argued that drug testing was a private personnel issue, and that only the department that employed the police officer could order one.

Superior Court Judge Robert J. Passero sided with Avigliano and on Monday, the appellate panel upheld the decision.

Avigliano was pleased. He said the use of any illegal substance by police officers would not be tolerated, but steroids pose a particular danger.

"We know that steroids can cause mood swings and aggressive behavior among the people who use them," Avigliano said. "That's a pretty dangerous combination for an officer in law enforcement."

Avigliano ordered 10 police officers to submit urine samples as part of an investigation into steroid and cocaine use by police in Passaic County.

Of the 10 officers, three were members of the Wayne Police Department, and four were employed by the Passaic County Sheriff's Department.

Avigliano has refused to name the employers of the other three officers. He maintained Monday that the public has no right to know when police departments are conducting drug tests.

"The only reason people know that Wayne police and the Passaic County Sheriff's Department was involved in this case is because they sued me," he said.

Three police unions -- Passaic County PBA Local 197, 286, and Wayne PBA Local 136 -- sued Avigliano, saying he had no power to order the tests. The 10 police officers all submitted to drug tests, and none tested positive for illegal substances.

Avigliano said the investigation into steroid and cocaine use among police officers was nearly foiled by a leak, just as the prosecutor's task force was about to make a series of arrests.

The leak forced the prosecutor's task force to begin making arrests a day earlier than anticipated.

The leak also gave steroid users time to ingest so-called "masking agents" that could hide the illegal growth hormones in their blood systems.

The investigation eventually led to the arrest of five police officers.

Merick Limsky, lawyer for the Passaic County police unions, was disappointed with Monday's decision.

He said it "blurs the lines between what is a criminal investigation and an administrative function." The unions have not decided whether to appeal the ruling to the state Supreme Court.