Amending Controlled Substances Sampling and Testing Policy (2022)
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RESOLUTION 2022-10
Amending Controlled Substances Sampling and Testing Policy
WHEREAS,the Colville Indian Housing Authority is the duly constituted Housing Authority for the
Confederated Tribes of the Colville Reservation, established by the Colville Business Council pursuant
to the authority of the Constitution of the Colville Confederated Tribes, and in particular Article V,
Section 1(a); and,
WHEREAS,the authorities and responsibilities of the Colville Indian Housing Authority are set out in
the Colville Tribal Housing Authority Ordinance, adopted by Resolution 2007-651 of the Business
Council; and,
WHEREAS,the purposes for which the Colville Indian Housing Authority was established include: (1)
remedying unsafe and unsanitary housing conditions that are injurious to the public health, safety, and
morals;(2) alleviating the acute shortage of decent, safe, and sanitary dwellings for persons of low
income; and (3) providing employment opportunities through the construction, reconstruction,
improvement, extension, alteration or repair and operation of low income dwellings; and,
WHEREAS,the Colville Indian Housing Authority has been designated as the "Tribally Designated
Housing Entity" for the Confederated Tribes of the Colville Reservation, as that term is defined at
Section 4(21) of the Native American Housing Assistance and Self-Determination Act of 1996, P.L.
104-330 (25 U.S.C. 4101-4212},as amended ("NAHASDA"); and,
WHEREAS,the Business Council has appointed a Board of Commissioners to manage the Colville
Indian Housing Authority (the "Board"), which Board operates pursuant to a Constitution and By-laws
enacted by the Board on August 10, 2004 (as amended); and,
WHEREAS,the Board has enacted and from time-to-time has amended the Controlled
Substances Sampling and Testing Policy and as a result of that recommendations made by
management, has determined that it is necessary to revise and update the Controlled Substances
Sampling and Testing Policy to better meet health, safety and management needs of the housing
authority; and
WHEREAS,the Colville Indian Housing Authority management team has conferred with the Housing
Authority's legal counsel to amend and update the Controlled Substances Sampling and Testing
Policy, which amendments are represented on the strikeout/underline copy of the Controlled Substances
Sampling and Testing Policy attached as Exhibit A to this Resolution; and
WHEREAS,the Board has determined that adopting the draft proposed amendments to the
Controlled Substances Sampling and Testing Policy is in the best interest of the Colville Indian
Housing Authority;
NOW,THEREFORE,BE IT RESOLVED,that the Colville Indian Housing Authority Board
hereby approves and adopts the proposed amendments to the Controlled Substances Sampling
and Testing Policy, which amendments are represented on the strikeout/underline copy of the
Controlled Substances Sampling and Testing Policy attached as Exhibit A to this Resolution;
and
CIHA Board of Commissioners
Resolution 2022-10
Authorizing Revisions to Controlled Substances Sampling and Testing Policy
Page 2 of 2
NOW,THEREFORE,BE IT FINALLY RESOLVED, the amended version of the Colville
Indian Housing Authority's Controlled Substances Sampling and Testing Policy attached as
Exhibit A hereby supersedes and replaces any prior versions of said Policy.
CERTIFICATION
This is to certify that the foregoing was duly enacted, pursuant to Article V of the Colville Tribal
Ordinance, ratified on January 27, 1977, at a regular meeting of the Colville Indian Housing
Authority Board of Commissioners, held on April 28. 2022. a quorum being present, with a vote
of^ FOR: n
AGAINST, and Qi_ ABSTAINED.
BY:
Brian Nissen, diairman
Board of Commissioners
ATTEST:
lASecretary/1 reasurer
'of Commissioners
Controlled Substances Sampling
and Testing Policy
Page 2
Rev.04/28/2022
Controlled Substances Sampling and Testing Policy
Approved: December 5, 2008, Resolution: 2009-03
Revision: March 19, 2015, Resolution 2015-04
Revision: April 28, 2022, Resolution 2022-10
CONTROLLED SUBSTANCES SAMPLING AND TESTING POLICY
PURPOSE: To establish standards and procedures that will be used to implement the controlled
substances sampling and testing program, which is aimed at enforcing the Colville Indian
Housing Authority’s zero tolerance policy toward the use of illegal controlled substances in units
that it owns and manages.
SCOPE: This policy shall apply to all use of the controlled substances sampling and testing
program by the Colville Indian Housing Authority and/or within any units owned or managed by
the Colville Indian Housing Authority.
AUTHORITY: The Colville Indian Housing Authority has been designated as the “Tribally
Designated Housing Entity” for the Confederated Tribes of the Colville Reservation, as that term
is defined at Section 4(21) of the Native American Assistance and Self-Determination Act of
1996, P.L. 104-330 (25 U.S.C. 4101-4212), as amended (NAHASDA).
A.
General Information.
1.
The controlled substances sampling and testing program relies upon state-of-theart technology developed to detect the residue of possession, manufacture, and/or
use of illegal controlled substances in residences and commercial buildings.
2.
The program operates by having certified persons take swab samples from
specified surfaces in a dwelling, and then testing those swab samples for the
presence of illegal controlled substances.
3.
The Colville Indian Housing Authority has obtained the controlled substances
equipment and program (Smiths Detection IMS Ionscan Equipment), and its staff
has been trained in its use.
4.
The Colville Indian Housing Authority has reviewed the research and
information regarding the Smiths Detection IMS ionscan technology and has
determined that this controlled substances sampling and testing program is
highly reliable as a means of testing for illegal controlled substances. The
Smiths Detection IMS ionscan technology false positive rate, for example, is less
than 1%.
5.
It is the intention of this policy to define the scope of the operation and policies
of the controlled substances sampling and testing program.
Controlled Substances Sampling & Testing Policy
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Rev. 04/28/2022
Controlled Substances Sampling and Testing Policy
Approved: December 5, 2008, Resolution: 2009-03
Revision: March 19, 2015, Resolution 2015-04
Revision: April 28, 2022, Resolution 2022-10
B.
Authorized Use:
1.
Only certified Colville Indian Housing Authority staff will be authorized to
maintain and operate the controlled substances sampling and testing equipment.
The retailer of the Smiths Detection IMS ionscan equipment provides training and
certification on use of the equipment, and those who have received such training
and certification are also authorized to train and certify other staff. The Colville
Indian Housing Authority shall ensure that at all times there is at least one staff
member trained and certified in the use of Smiths Detection IMS ionscan
equipment.
2.
The controlled substances testing equipment and program will be
operated according to training and certification only. The Smiths Detection
IMS ionscan Equipment will not be used for anything other than its designed
intended purpose according to the manufacturer.
3.
The Smiths Detection IMS ionscan equipment will be stored and maintained by the
certified operator at the Colville Indian Housing Authority Office. It will be stored
in a secure safe location with access allowed only by the certified operator and the
Executive Director. All daily, weekly and monthly checks will be performed
by a certified operator.
4.
If the Smiths Detection IMS ionscan equipment is to be loaned to an agency
outside the Colville Indian Housing Authority the certified user will be loaned as
well to operate the Smiths Detection IMS ionscan equipment. Colville Indian
Housing Authority makes no warranty, express or implied, as to the accuracy or
validity of results from the Smiths Detection IMS ionscan equipment.
5.
C.
a.
If the Smiths Detection IMS ionscan equipment is loaned to another
agency, that agency will be billed for the use of the Smiths Detection IMS
ionscan equipment at a rate of $200 per day of use, along with the related
expenses involved in the loan of the certified user (vehicle, fuel, time, etc.).
b.
If the agency using the Smiths Detection IMS ionscan equipment, damages
the equipment, that agency will be billed the cost of replacement or repair,
whichever is applicable.
Any use of the Smiths Detection IMS ionscan equipment must first be
approved by the Colville Indian Housing Authority Executive Director.
Sampling and Testing Procedures:
1.
The Smiths Detection IMS ionscan equipment and program will be used to collect
samples and perform tests for the presence of narcotics and other illegal controlled
substances residue in Colville Indian Housing Authority units.
Controlled Substances Sampling & Testing Policy
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Rev. 04/28/2022
Controlled Substances Sampling and Testing Policy
Approved: December 5, 2008, Resolution: 2009-03
Revision: March 19, 2015, Resolution 2015-04
Revision: April 28, 2022, Resolution 2022-10
2.
The testing performed with the Smiths Detection IMS ionscan equipment
will be completed consistent with this policy and accordance to the directed
procedures.
3.
Use of Smiths Detection IMS ionscan equipment shall be conducted in the
following manner:
a.
Prior to use of the Smiths Detection IMS ionscan equipment in any unit,
the certified user will verify the functionality of the device.
b.
At least one swab will be taken from the living room, dining room,
kitchen, laundry room, hallway(s), each bedroom, each bathroom and
storage shed(s). However, because the Smiths Detection IMS ionscan
equipment is designed to test invisible trace quantities, if the certified user
can see the material to be tested with the naked eye, the Smiths Detection
IMS ionscan equipment shall not be used to test that material. Instead,
the certified user will notify the Tribal Police to have them remove the
visible material, make a notation of the time and location, and have the
material tested by a lab.
c.
The swab will be taken from the areas with the highest rate of physical
contact (the decision to be made on site by the certified user).
d.
Each swab will be labeled with a number corresponding to an identified
location on the drug test worksheet. The drug test worksheet will be
labeled with the date, time, unit number and the identity of the person
performing the test.
e.
The person taking the swab shall keep the swab in his or her possession
until the swab storage packet is returned to the compliance office testing
area so that the test can be performed. .
f.
Each swab will then be tested as soon as practical and the results recorded
on the current drug testing worksheet, with the date, time, and location of
the sampling recorded along with the name or initials of the persons
performing the sampling and testing.
g.
The ionscan operator must complete a successful verification prior to
processing any sample swabs. If the verification is not successful, the
process must be repeated until a successful verification is obtained. The
successful verification swab ID number must be recorded on the drug test
worksheet in the “Verific”space provided.
h.
The swabs, the related test results (including the plasmagram and other test
data stored by the Smiths Detection IMS ionscan equipment accessible via
the IMS software), and the related documentation regarding time, date, and
Controlled Substances Sampling & Testing Policy
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Rev. 04/28/2022
Controlled Substances Sampling and Testing Policy
Approved: December 5, 2008, Resolution: 2009-03
Revision: March 19, 2015, Resolution 2015-04
Revision: April 28, 2022, Resolution 2022-10
location will be stored under lock and key by the person performing the
sampling and testing.
i.
Access to the swabs and test results shall be restricted to authorized staff
and only accessed when necessary. There will be a log for the storage of
these swabs and test results, requiring any person who accesses them to
sign for them.
j.
If a positive detection is received more testing will be conducted in the
area in which the positive detection was received.
k.
If called upon by an outside entity the swabs will be taken in the targeted
area requested by that agency.
4.
All samples and compliance inspection test results used in or generated by the
Smiths Detection IMS ionscan equipment and program, whether positive or
negative, will be documented and maintained in a locked, fireproof cabinet for a
period not less than one calendar year from the date of the test performed. Test
samples used for “Baseline Testing” will be destroyed once a “Baseline” has been
established. If any litigation is instituted with regard to a unit that has been
tested, the samples and test results will be maintained for at least as long as the
litigation is still in process and until the end of any applicable period for appeal of
a decision. The samples and test results will be disposed of according to
protocols for the disposal of hazardous or medical waste.
5.
Illegal controlled substances detection samples will be taken and tested from all
vacant dwelling units under the management of the Colville Indian Housing
Authority under the following protocol in order to establish that upon move in the
unit tested negative for controlled substances residue in certain specific locations:
a.
Vacant units will be tested just prior to move in by a new tenant or
homebuyer to establish a “Baseline” for the unit.
b.
At least one swab will be taken from the living room, dining room,
kitchen, laundry room, hallway(s), each bedroom, each bathroom,
storage shed(s), and garages. The certified user will identify specific test
points for the unit, based on the likelihood of high contact with such areas.
c.
Cleaning and testing of each specified area will continue until each
specified area records the lowest possible result for the presence of
controlled substances.
d.
A record of the specific areas tested, the test results (including the
plasmagram and other test data stored by the Smiths Detection IMS
ionscan equipment accessible via the IMS software), and the date of the
Controlled Substances Sampling & Testing Policy
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Rev. 04/28/2022
Controlled Substances Sampling and Testing Policy
Approved: December 5, 2008, Resolution: 2009-03
Revision: March 19, 2015, Resolution 2015-04
Revision: April 28, 2022, Resolution 2022-10
test results will be maintained by the Colville Indian Housing Authority in
a safe, secure location, separate from the new tenant/homebuyer file for
the unit. This record shall be referred to as the “baseline test results” for
that unit.
6.
The Smiths Detection IMS ionscan equipment and program will be used to conduct
sampling and testing of an occupied unit if and when the Colville Indian Housing
Authority has received reports or information regarding drug use in a home. The
Smiths Detection IMS ionscan equipment and program can also be used to
conduct sampling and testing in a home during any scheduled inspections
performed by the Colville Indian Housing Authority.
7.
If a baseline test result has been established for that unit, the same specified areas
represented in those results will be tested. If the new test indicates the presence of
controlled substances at higher than the established baseline level, this will be
deemed evidence that illegal controlled substances have been used, possessed,
and/or manufactured in the unit, and the Colville Indian Housing Authority will
take appropriate action, up to and including termination of the lease, homebuyer
agreement, or other agreement under which the occupant possesses the unit.
8.
A positive test for an occupied unit indicating a change above the baseline test
results will be documented, photographed and forwarded to law enforcement.
9.
Controlled substances sampling and tests may also be performed in units at the
request of the tenant or homebuyer, but only upon the authorization of the
Executive Director. Requests will be made in writing by the authorized tenant
to the Colville Indian Housing Authority and will articulate the reason for
the request. Any positive detection received during a tenant requested procedure
will not be used toward the tenant in negative matter if the home was not tested
during vacancy and the results do not indicate an increase over the existing
baseline test results for that unit. Every effort will be made by the tenant to clean
the home and ask for subsequent tests.
10.
All lease, homebuyer, and other agreements for Colville Indian Housing Authority
owned or managed units shall contain a provision or an addendum that authorizes
the Colville Indian Housing Authority to conduct controlled substances sampling
and testing of a unit when carrying out a visit or inspection that is authorized
under the agreement.
11.
The Smiths Detection IMS ionscan equipment and program can be called upon
by Law Enforcement or first responder personnel, including child protective
services.
a.
Colville Indian Housing Authority may authorize the use of the Smiths
Detection IMS ionscan equipment and program for such purposes only if
official personnel from the relevant agency represents in writing and/or
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Controlled Substances Sampling and Testing Policy
Approved: December 5, 2008, Resolution: 2009-03
Revision: March 19, 2015, Resolution 2015-04
Revision: April 28, 2022, Resolution 2022-10
provides documentary proof that they have the necessary legal authorization
to enter the home to conduct such tests and believe the presence of controlled
substances exists and the need for documented detection is necessary.
b.
Colville Indian Housing Authority has no responsibility for assuring that
Law Enforcement or other first responders have the proper authorization
once the relevant agency represents in writing and/or provides documentary
proof to the Colville Indian Housing Authority by official personnel that
they do have the necessary legal authorization.
c.
Colville Indian Housing Authority does not, by its assistance, represent or
warrant that Law Enforcement or first responders do in fact have the
necessary legal authorization, but rather may rely upon the written
representation of such official personnel that the necessary authorization
has been obtained.
12. If there are any questions regarding the legality of any testing, sampling, or other use
of the controlled substances sampling and testing program, the Executive Director, at
his or her discretion, shall submit such questions to Colville Indian Housing Authority
legal counsel.
D.
E.
Use as Evidence
1.
The swabs and test results may be used as evidence in an eviction action in Tribal
Court or in an internal grievance with the Colville Indian Housing Authority, or in
any other legal action involving the Colville Indian Housing Authority where such
evidence would be relevant. The swabs shall be maintained in the possession of the
Colville Indian Housing Authority at all times, unless admitted and accepted as
evidence by the Tribal Court.
2.
It is critical that Colville Indian Housing Authority staff follow the necessary
procedures to ensure chain of custody for the swabs and the results.
3.
Any testimony needed with regard to the use of the Smiths Detection IMS ionscan
equipment should be delivered, to the extent possible, by the certified
operator who conducted the sampling and testing in accordance with training and
this policy and procedure. However, in certain instances, the person who conducted the
sampling and testing might not be available when a hearing is held. It is imperative,
therefore, that clear and accurate records be kept of all testing and sampling so that
they can be relied upon and presented as evidence by an authorized custodian of
Colville Indian Housing Authority records.
4.
Any technical testimony regarding the Smiths Detection IMS ionscan equipment
or program, where practical, should be delivered by a technical level employee or
designee of Smiths Detection.
Positive Results for Methamphetamine Residue, Decontamination, and Occupancy of
Controlled Substances Sampling & Testing Policy
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Controlled Substances Sampling and Testing Policy
Approved: December 5, 2008, Resolution: 2009-03
Revision: March 19, 2015, Resolution 2015-04
Revision: April 28, 2022, Resolution 2022-10
Unit
F.
1.
The Colville Indian Housing Authority, after having considered the available studies
and data, hereby makes the determination that there are concerns that residual
methamphetamine generated during the manufacturing process or during use of the
drug may pose a threat to human health, and render the property ‘Unsafe for Human
Use’ until decontamination has occurred.
2.
Until there is more definitive information on the health risks associated with
methamphetamine residue, the Colville Indian Housing Authority has determined
that the most prudent policy would be to require that the residents of any dwelling
unit that tests positive on the Smiths Detection IMS ionscan equipment for
methamphetamine vacate that unit and that the unit be decontaminated of such
residue (i.e., to the point where the Smiths Detection IMS ionscan equipment
does not detect any residue) prior to be allowed to move back in.
3.
Upon obtaining a positive test result from a dwelling unit, Colville Indian Housing
Authority staff will notify the Executive Director, who will have a notice issued to
the residents informing them that they must vacate the unit and that the unit must be
decontaminated. A copy of the sample notice to be used is attached. Staff will also
post a notice on the door of the unit indicating that it is unsafe for human habitation
until decontamination is completed. Notice shall be on 8 ½x11 red cardstock
prominently displayed at main entrance to unit, signed by Executive Director.
4.
A resident whose dwelling unit has tested positive with the Smiths Detection IMS
ionscan equipment will be requested to sign a consent to have his or her personal
property tested before being allowed to bring such personal property to another unit
managed and/or owned by the Colville Indian Housing Authority. A consent form is
attached. If the property tests positive for methamphetamine residue, or if the
resident refuses to consent to such testing, the resident will be required to remove
such personal property from the unit. The CIHA staff member conducting the swab
test will determine what property will be tested. A refusal to consent form is
attached. If a resident refuses to consent to the test but refuses to sign the refusal
form, the Colville Indian Housing Authority staff shall make a written note of such
refusal and place it in the resident’s file.
5.
The residents will bear the cost of such decontamination if the positive test was
performed after an established baseline was previously established for the unit. In
such cases, Colville Indian Housing Authority may bring an action in Tribal Court to
seek removal of the resident(s) if they refuse to vacate, as well as to seek eviction
and compensation for the costs of cleanup.
Move-out Procedures
1.
After a tenant vacates a unit, a standard drug swab test will be performed to
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Controlled Substances Sampling and Testing Policy
Approved: December 5, 2008, Resolution: 2009-03
Revision: March 19, 2015, Resolution 2015-04
Revision: April 28, 2022, Resolution 2022-10
determine that the unit is safe for the maintenance department to begin repairs.
G.
2.
The move-out swab test swabs will be returned to the compliance office for testing
prior to maintenance beginning any work in the unit to determine that the unit is safe
for the maintenance department to be present in the unit.
3.
If the unit tests positive for methamphetamine residue, the unit will be
decontaminated before maintenance will be allowed into the unit to begin repairs.
Procedures for Decontamination
1.
Colville Indian Housing Authority staff will receive training in the proper methods
of decontamination for methamphetamine residue and other illegal drug residue.
Such training shall include learning the methods for effective decontamination as
well as the necessary steps to take to protect their own health and safety.
2.
Only Colville Indian Housing Authority staff who have received such training are
permitted to enter a unit after it has been tested positive with the Smiths Detection
IMS ionscan equipment.
3.
Colville Indian Housing Authority staff who has received such training must strictly
follow the procedures and protocols for decontamination and worker health and
safety that they learned in their training, including the use of equipment for the
protection of worker health and safety. Equipment will be provided by the Colville
Indian Housing Authority.
4.
In certain instances the Executive Director may make the determination that
decontamination should be conducted by an outside firm or entity specializing in
such work. Such decisions are at the sole discretion of the Executive Director.
5.
If a resident is evicted or otherwise vacates the unit after a positive test for
methamphetamine residue, but leaves personal property behind, the Colville Indian
Housing Authority will remove the personal property from the unit and dispose of it
in a manner deemed to minimize the risk of contamination, provided that the Colville
Indian Housing Authority will first attempt to contact the resident and give them an
opportunity to claim and remove the personal property.
6.
Following the requirements of this policy is necessary to protect the health and safety
of residents as well as staff. The failure of any staff person to strictly abide by the
terms and conditions of this policy will result in disciplinary action, up to and
including dismissal from employment.
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Controlled Substances Sampling and Testing Policy
Approved: December 5, 2008, Resolution: 2009-03
Revision: March 19, 2015, Resolution 2015-04
Revision: April 28, 2022, Resolution 2022-10
CONSENT TO HAVE PERSONAL PROPERTY AND BELONGINGS TESTED FOR
PRESENCE OF METHAMPHETAMINE
I, _______________________________, reside in premises owned and managed by the
Colville Indian Housing Authority, located at ___________________________________. I
understand that the Colville Indian Housing Authority will, as part of its inspection of my premises,
conduct testing for the presence of methamphetamine residue. I understand that if the test shows
the presence of methamphetamine residue, the Colville Indian Housing Authority will have to
decontaminate the premises and that I will be required to vacate the premises during the time it is
being decontaminated.
I understand that methamphetamine is a hazardous substance, and that exposure to
methamphetamine presents potential health and safety risks. I understand that it is possible that my
personal property and belongings are contaminated with methamphetamine.
I hereby give my irrevocable consent to the Colville Indian Housing Authority to conduct
testing for methamphetamine on my personal property and belongings located in the premises
located at _________________________________ before I remove those items.
Further, if any of my personal property or belongings test positive for the presence of
methamphetamines, I will have such items decontaminated or properly disposed of. If I am unable
to decontaminate or dispose of the items, I hereby give my irrevocable consent to the Colville
Indian Housing Authority to decontaminate such items or, if it is impracticable to decontaminate
such items, to dispose of these items. I agree to reimburse the Colville Indian Housing Authority
for the cost of decontaminating or disposing of the items.
Dated this ____ day of ________________, 20___.
________________________
Tenant Signature
Executive Director
Witnessed by:
Date
________________________________
Controlled Substances Sampling & Testing Policy
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Controlled Substances Sampling and Testing Policy
Approved: December 5, 2008, Resolution: 2009-03
Revision: March 19, 2015, Resolution 2015-04
Revision: April 28, 2022, Resolution 2022-10
REFUSAL TO HAVE PERSONAL PROPERTY AND BELONGINGS TESTED FOR
PRESENCE OF METHAMPHETAMINE
I, _______________________________, reside in premises owned and managed by the
Colville Indian Housing Authority, located at ___________________________________. I
understand that the Colville Indian Housing Authority has had my premises tested for the presence
of methamphetamine, that the test showed that there is methamphetamine residue in my premises,
and that my premises will have to be decontaminated. I understand that I will be required to vacate
the premises during the time it is being decontaminated.
I understand that methamphetamine is a hazardous substance, and that exposure to
methamphetamine presents potential health and safety risks. I understand that it is possible that my
personal property and belongings are contaminated with methamphetamine and that if they are
contaminated, they may cause contamination to another home if they are brought to that home. I
understand that the Colville Indian Housing Authority will not permit me to bring such items to
another Colville Indian Housing Authority unit unless they are tested for methamphetamine residue
and are deemed not to be contaminated.
I hereby do not give my irrevocable consent to the Colville Indian Housing Authority to
conduct testing for methamphetamine on my personal property and belongings located in the
premises located at _________________________________.
I understand that my refusal to allow Colville Indian Housing Authority to conduct such
testing on my personal belongings, prior to removing them from the unit located at
______________________________, means that I will not be permitted to bring my personal
belongings to another Colville Indian Housing Authority unit. Further, I also understand that by
relocating me to another unit while my unit is being decontaminated, Colville Indian Housing
Authority does not waive any right to seek to have me evicted from the unit due to a breach of my
obligations under any lease, rent-to-own, or homebuyer agreement with the Colville Indian Housing
Authority or for any other reason.
Dated this ____ day of ________________, 20___.
______________________________
Signature
Witnessed by:
____________________________________
Controlled Substances Sampling & Testing Policy
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