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EPPA Test ?

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Author Topic: EPPA Test ?
posted 09-13-2005 10:13 AM Click Here to See the Profile for gleblanc Click Here to Email gleblanc Edit/Delete Message
The local DA's office has an internal theft issue and wants me to test several employees. They are a government body and I would think they are exempt from EPPA. But they have told me that they only want to take job action against the guilty and not pursue criminal charges.

The other question is whether they can be compelled to take the test and fired if they don't want to?

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Ted Todd
posted 09-13-2005 05:18 PM Click Here to See the Profile for Ted Todd Edit/Delete Message

I think the key word(s) here are "job action". I am not an EPPA expert but this sure sounds like an EPPA test to me. TV O'Malley at APA is the best guy to ask about this.


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Barry C
posted 09-13-2005 06:04 PM Click Here to See the Profile for Barry C Click Here to Email Barry C Edit/Delete Message
The government is exempted under EPPA - no matter what they do with it, but TV would be a good guy to talk to. Additionally, I'd read the Act yourself just so you feel better about it.

As far as firing goes, it depends on the state your in so it seems. My personal thoughts as an examiner are if I have a person in front of me who doesn't want to be there, then I won't test him. After all, such a person is likely to be angry, among other things - not a good subject. I would report I refused to conduct the test, not the other way around. What does the law in your state say? If it says they must volunteer, the same result would occur. Mandatory volunteering isn't acceptable in my book, but I've got a statute on my side here in Maine.

Good luck.

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posted 09-14-2005 08:32 AM Click Here to See the Profile for gleblanc Click Here to Email gleblanc Edit/Delete Message
Here is what we have decided:

The DA's office is a police agency here with arrest powers for its investigators. So the request is coming from a law enforcement agency.

Government employees are exempt under EPPA and I did review the act myself. I am going with that. One thing I did get the DA to commit to was if I got a confession, they would be charged.

I have decided that the test will be voluntary. The investigator has told me the suspects are all willing, but if any of them change their mind, they won't be tested. I have tested some of our own officers under mandatory conditions for IA, so it is possible under our laws.

I did email TV but haven't heard his reply yet.

My first test of the five suspects is today at 1:00 PM.

Thanks for all the replies

Det. Glynn LeBlanc
Ascension Sheiff Office

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