cannabisnews.com: Appeals Court Affirms Dismissal





Appeals Court Affirms Dismissal
Posted by FoM on January 20, 2000 at 16:05:56 PT
By Stephanie Warsmith, Beacon Journal Staff Writer
Source: Akron Beacon Journal
In a decision that Akron officials see as an affirmation of the city's tough drug policy, the Ohio 9th District Court of Appeals ruled yesterday that a firefighter who tested positive for cocaine twice should not be given his job back.The court's decision reversed an earlier ruling by Summit County Common Pleas Judge Patricia Cosgrove, who had ruled that longtime Akron firefighter Eric Allgood should be reinstated with back pay and lost benefits.
Allgood initially failed a drug test in July 1996. City officials referred him to a drug-treatment program.Two months later he again tested positive for cocaine. City officials then fired him for violating the city's policy prohibiting firefighters from using illegal drugs.Both Mayor Don Plusquellic and the Akron Civil Service Commission upheld the firing, so Allgood then appealed to Common Pleas Court.Cosgrove ruled that Allgood should be given his job back because he deserved ``the opportunity for meaningful drug treatment'' before he was fired.The city then appealed her decision.In yesterday's unanimous decision, Judge Lynn Slaby said the city was not required to provide Allgood with treatment before terminating him.``The terms of the policy simply do not permit the conclusion that (Allgood) was legally entitled to rehabilitative efforts prior to dismissal,'' Slaby wrote. ``The trial court's conclusion to this effect constitutes an abuse of discretion.''Allgood is not the only one who has taken the city to task for its policy prohibiting illegal drug use by firefighters and police officers.Akron police officer Ken Clark was fired last summer after he admitted to smoking marijuana. Clark was reinstated after he appealed his decision to the Civil Service Commission and the commission ruled that the city's policy was ``excessive.''The city decided not to appeal the commission's decision in that case. But two days later, Mayor Don Plusquellic issued a statement to all police officers and firefighters that said the city would continue to seek the dismissal of any safety force member who tests positive for drug use.Matt Contessa, deputy mayor for labor relations, said he thinks the appeals court decision bolsters the city's drug policy.``This confirms our position that we have the option to discharge members of the safety forces for the use of illegal drugs,'' he said.Lawrence Vuillemin, an Akron attorney representing Allgood, said police officers and firefighters are constantly under stress in their jobs. Vuillemin said he thinks the idea that they can be fired for using drugs before having the opportunity to go through treatment is disturbing.``These drug tests are not just designed to root out drug users, but to identify those who have a problem so they can get help,'' Vuillemin said. ``They should work with them so that their years of service are not wasted.''Before he tested positive for drugs, Allgood put in 18 years with the Fire Department and was rewarded for heroism on the job, Vuillemin said.Allgood has received drug abuse treatment and is no longer using drugs, Vuillemin said. Pending the appeal, he hasn't been working for the department.Vuillemin said he has not yet talked with Allgood about whether the ruling should be appealed to the Ohio Supreme Court.Published: January 20, 2000The Beacon Journal Publishing Co.
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