6. The Municipality of Anchorage adopted a policy that subjects police and firefighters in safetysensitive positions to

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6. The Municipality of Anchorage adopted a policy that subjects police and firefighters in safetysensitive positions to suspicionless drug testing.

The police and firefighter unions challenged the policy on the basis of privacy and search-andseizure provisions of the Alaska constitution. The Alaskan search-and-seizure provisions are broader than the protections available under the Fourth and Fourteenth Amendments of the U.S. Constitution, which contains no express privacy guarantees at all.

Should the police and firefighters be accorded the broader protections of the Alaska constitution as opposed to those they enjoy as public employees under the U.S. Constitution, or should the U.S.

Constitution preempt the broader Alaskan safeguards?

Do the police and firefighters have any reasonable expectation of privacy with regard to drug testing if indeed they serve in “safetysensitive”

positions, especially in light of post-9/11 homeland security considerations? See Anchorage Police Department Employees Association v. Municipality of Anchorage [24 P.3d 547 (Alaska Supreme Ct. 2001)].

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Employment And Labor Law

ISBN: 94288

6th Edition

Authors: Patrick J. Cihon, James Ottavio Castagnera

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