By Colleen Murphy
NJ.com
MAURICE RIVER TOWNSHIP, N.J. — A New Jersey corrections officer who claimed allergy medication caused him to fail a drug test has lost his appeal to get his job back.
The New Jersey Appellate Division on July 11 upheld the firing of Robert McCauley, a former senior correctional police officer at the now-closed Southern State Correctional Facility.
The appeals court ruled that his positive test for methamphetamine warranted termination under the state’s zero-tolerance drug policy.
The court found that over-the-counter medication did not cause McCauley’s positive methamphetamine test and upheld his termination under the state’s zero-tolerance drug policy.
“Removal was appropriate,” the court wrote, “and the commission’s decision was not arbitrary, capricious, or unreasonable.”
McCauley was selected for a random drug screening on Sept. 25, 2020, according to court documents.
His urine sample showed extremely high levels of methamphetamine, which was confirmed through specialized laboratory testing.
McCauley argued that the result stemmed from allergy medication and that he had memory issues that prevented him from recalling all the medications he had taken in the two weeks prior.
He also claimed the chain of custody for his sample had been compromised and that the Department of Corrections should have used progressive discipline.
However, the court found no evidence of a chain of custody error and noted that McCauley never requested testing of his second, frozen sample.
He also admitted during the disciplinary process that he failed to fully disclose all medications on his confidential drug testing form because he was embarrassed and concerned others might see the information.
Medical records from McCauley’s healthcare providers confirmed that none of the medications he had been prescribed could have caused a positive result for methamphetamine or amphetamine.
Expert witnesses for the state, including the chief medical examiner and the director of the state toxicology lab, testified that the only way to test positive at that level was by ingesting methamphetamine.
One expert said that if Sudafed had caused a false positive, the lab’s confirmation testing would have ruled it out — but it did not.
An administrative law judge found that McCauley’s actions were serious enough to warrant dismissal, citing his incomplete medication disclosure and failure to follow drug testing procedures as factors that undermined his credibility.
The Civil Service Commission adopted the judge’s findings, and the appellate court later affirmed the decision.
“Correctional police officers are sworn law enforcement officers and are held to a higher standard of conduct than other public employees,” the court wrote, citing the Attorney General’s drug testing policy, which mandates termination and a permanent bar from law enforcement employment in New Jersey for any officer who tests positive for illegal drugs.
The corrections department was represented by the New Jersey Office of the Attorney General, which declined to comment on the case.
McCauley’s attorney did not immediately respond to a request for comment.
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