Seelig v. Koehler

556 N.E.2d 125, 76 N.Y.2d 87, 556 N.Y.S.2d 832, 5 I.E.R. Cas. (BNA) 481, 1990 N.Y. LEXIS 1062
CourtNew York Court of Appeals
DecidedMay 8, 1990
StatusPublished
Cited by30 cases

This text of 556 N.E.2d 125 (Seelig v. Koehler) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Seelig v. Koehler, 556 N.E.2d 125, 76 N.Y.2d 87, 556 N.Y.S.2d 832, 5 I.E.R. Cas. (BNA) 481, 1990 N.Y. LEXIS 1062 (N.Y. 1990).

Opinions

[89]*89OPINION OF THE COURT

Bellacosa, J.

The New York City Commissioner of Correction promulgated a random urinalysis drug-testing program for all uniformed officers because, "[i]n spite of an aggressive drug prevention educational program and testing procedures, including an aggressive reasonable suspicion testing program, the Department has documented a serious drug abuse problem among a significant number of its members.” (Record on app, at 30 [Commissioner’s Directive, Nov. 17, 1987].) The union representing the guards and its president brought this article 78 proceeding to block the implementation of the program on Fourth Amendment grounds. State Supreme Court granted the petition and enjoined the testing. The Appellate Division reversed and dismissed the proceeding, with two Justices dissenting. Petitioners appealed as of right, and we granted a stay of implementation of the program pending the outcome of this appeal. We now affirm and uphold the random drug-testing program of the New York City Correction Department.

THE CONTEXT

In 1987, this court grappled with the constitutional implications of random drug testing of probationary school teachers and held that urinalysis drug testing could proceed only on the reasonable suspicion predicate (Matter of Patchogue-Medford Congress of Teachers v Board of Educ., 70 NY2d 57). We disapproved random searches there and observed that they "are closely scrutinized, and generally only permitted when the privacy interests implicated are minimal, the government’s interest is substantial, and safeguards are provided to insure [90]*90that the individual’s reasonable expectation of privacy is not subjected to unregulated discretion” (id., at 70 [emphasis added]). The following year, this balancing analysis was applied to a particular subset of public employees — the Organized Crime Control Bureau (OCCB) of the New York City Police Department — in Matter of Caruso v Ward (72 NY2d 432). The court concluded — in the presence of "factors * * * which take this case out of Patchogue” — that random drug testing was not unconstitutional (id., at 439). Special emphasis was given to the diminished level of Fourth Amendment expectations of those employees.

In this case also, each aspect of the Patchogue-Caruso exception test is met. We agree with and note especially this cogent summary in Justice Sullivan’s majority opinion below: "We find, in light of the Department’s compelling interest in deterring and detecting drug use among correction officers, whose diminished privacy expectations are outweighed by that interest, and its promulgation of detailed regulations which, with respect to such drug testing, are sufficient to prevent unbridled administrative discretion and to preserve privacy to the maximum extent feasible, that the Commissioner’s plan is not constitutionally infirm.” (Matter of Seelig v Koehler, 151 AD2d 53, 57.)

Our holding today, despite the hyperbolic attributions of the dissenting opinion, does no more than conclude that the particular combination of crucial circumstances comprising the paramilitary workplace milieu of jail guards, their severely diminished privacy expectations under a sedulous set of testing procedures, in the face of the significant State interest, satisfy the analytic and constitutional underpinnings of Patchogue and Caruso — a concededly rigorous set of standards. Key factors, peculiar to this case, which we conclude are sufficient to warrant the substantial intrusion of random testing searches, include:

The employment is in a unique, high-risk, hazardous setting;

The guards have voluntarily agreed to submit to a previously enacted series of urinalyses, both random and suspicion-based;

The guards are already subject to a host of intrusive searches of person and property with no suspicion predicate;

The Commissioner has demonstrated drug use in his ranks and an inability to stop it with currently available procedures;

[91]*91A guard’s usage increases substantially the inherent dangerousness of illicit drugs, putting at risk the lives of inmates and fellow officers;

A drug-compromised guard establishes a two-way security breach — drugs and weapons are more easily gotten into jail and prisoners can more easily be gotten out;

The challenged testing procedures guard the privacy and dignity of the subjects as carefully as possible;

The accuracy and integrity of the test results are meticulously circumscribed;

A significant appeals process is granted to those who test positive.

Nevertheless, these City of New York jail guards make the argument that they may not be tested for drugs unless the City can show individualized reasonable suspicion. Their claim rests on State and Federal constitutional guarantees against unreasonable search and seizure which apply to urinalysis drug testing (NY Const, art I, § 12; US Const 4th Amend; Matter of Caruso v Ward, 72 NY2d 432, supra; Matter of Patchogue-Medford Congress of Teachers v Board of Educ., 70 NY2d 57, supra; Treasury Employees v Von Raab, 489 US 656; Skinner v Railway Labor Executives’ Assn., 489 US 602).

THE PRIVACY INTEREST

Applicants pursue employment as jail guards with the understanding and acceptance of invasions of personal privacy unknown and unacceptable in the civilian world. We note another particularly apt portion of the majority opinion below: "Not all governmental employees enjoy the same level of expectation of privacy. The privacy expectations of any particular group is markedly diminished by such factors as the employees’ voluntary pursuit of a position they know to be pervasively regulated for reasons of safety and the employees’ acceptance of severe intrusions upon their privacy. (National Treasury Employees Union v Von Raab, 489 US [656], 109 S Ct 1384, supra; Skinner v Railway Labor Executives’ Assn., 489 US [602], 109 S Ct 1402, supra; Matter of Caruso v Ward, supra, 72 NY2d, at 440.) Correction officers are traditionally among the most heavily regulated groups of governmental employees and also among those who accept the greatest intrusions upon their privacy. A number of courts have held that correction [92]*92officers, because of the confined environment in which they work, the strict security measures governing their conduct, and the other distinctive features of their employment, have diminished expectations of privacy with regard to security-related employer intrusions. (See, e.g., Poole v Stephens, 688 F Supp 149, 155; Policemen’s Benevolent Assn. v Township of Washington, 672 F Supp 779, 793, revd on other grounds 850 F2d 133, cert denied [490] US [1004], 109 S Ct 1637.)” (Matter of Seelig v Koehler, 151 AD2d, supra, at 62.)

Before achieving tenure, Department of Correction employees currently undergo five urinalyses — one each at the beginning and end of an 18-month probation period, and three random tests during probation. In these pretenure urinalyses, a supervisor directly observes the production of the specimen. In the protocol at issue, the specimen is collected behind a closed door in a private stall. Notably, the invalidated procedure in Patchogue and the validated one in Caruso involved direct observation.

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Bluebook (online)
556 N.E.2d 125, 76 N.Y.2d 87, 556 N.Y.S.2d 832, 5 I.E.R. Cas. (BNA) 481, 1990 N.Y. LEXIS 1062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seelig-v-koehler-ny-1990.