NTC Drug Testing's owner Susan Sanchez fell short of calling San Benito city leaders incompetent but said their action following the assistant police chief's refusal to complete a random drug test last month was handled wrong from the start.
"What happens is... on a refusal... it's automatically considered a positive test," Sanchez said.
The city's drug testing policy and subsequent consequences are laid out in black and white stating a failure to submit is "cause for discharge."
Assistant police Chief, Arnold Garcia, wasn't terminated by the city; instead he was suspended for 3 days without pay for not completing a urine test.
Sanchez said the fallout that followed his alleged refusal to complete that test could have been avoided all together.
"We definitely always recommend for businesses to follow company policy... Treat each and every employee the same... So that way if an employee refuses... You terminate that employee to follow policy with every single employee," she said.
The assistant chief was ordered to take a second drug test.
It took place at NTC Drug Testing in Harlingen.
Sanchez said her company of 18 years had never tested for the city before and was unaware this would be the assistant chief's second drug test.
"Had we known that this test was a secondary test we would have never gotten into it because of 1 test that we provided we may be dragged into a lawsuit or a problem," she explained.
City leaders told Action 4 News they ordered a 10 panel drug test on Garcia's hair sample.
The 10 panel test screens for both illegal drugs as well as prescription drugs that have the potential for abuse in a person's system for 90 days.
Sanchez said the city ordered the 10 panel after the hair sample was already sent out to the lab.
"We did contact the lab and ask them to do what they wanted us to do.. but that's exactly what they did ... they turned it around on us ... using us a scapegoat."
A third drug testing company has been brought into the mix out of Brownsville.
The company was asked to perform the 10 panel hair follicle test.
A trusted source said the sample came from Garcia's body hair and that it would show any potential drugs in his system for up to a full year.
Those results are due back as early as Tuesday.