CHIEF APPEALS IN OFFICER'S POT CASE

Police Board Didn't Agree With Firing

Louisville Metro Police Chief Robert White is asking a Jefferson
circuit judge to overturn a police merit board's decision to reinstate
an officer fired for using marijuana.

White's appeal, joined by Louisville metro government, contends that
the board's decision to give Michael J. Thompson his job back was
"arbitrary and unreasonable."

It also requests a judge to establish "the statutory duties and
obligations of the Louisville Metro Police Merit Board," a panel of
five citizens and two police officers.

White fired Thompson on May 25 after he tested positive under the
department's random drug-testing policy. Thompson has not been
reinstated, pending White's appeal, police said.

Scott Dickens, chairman of the merit board, said he could not comment
on the appeal or Thompson's status. He said the board does not have to
file a response to the appeal.

Neither Thompson nor his attorney, Mark Miller, could be reached for
comment.

Thompson admitted possessing and using marijuana in late April and May
2, according to a synopsis of the merit board hearing in August, which
was released in court documents yesterday.

But the merit board found that Thompson had a "virtually unblemished
record" in 13 years with the department and that his marijuana use was
"isolated." He admitted his mistake and sought help, the board said.

The board also found that Thompson's drug test should not have come
back positive, given the amount of marijuana found in his system.

White told the board that the department has a "zero tolerance"
policy, according to the court records.

He testified that he had met with Thompson, who was "passionate about
his desire to remain in the department."

While White said he sympathized, he said he could not lessen the
punishment for one person, according to the documents.

White also testified that retaining officers who have admitted to drug
use could compromise the prosecution of some drug cases.

Thompson offered to take periodic drug tests at his own expense and
said he wouldn't object to an extended probation period, but he said
the dismissal was too harsh.

The merit board agreed, voting 4-2 that the punishment was
"unjustified."

It suspended him for 27 days and required him to undergo self-funded
drug testing and counseling.

White also has appealed the merit board's decision dismissing a 15-day
suspension of Officer Ray A. Barker Sr., who had been disciplined for
illegally towing cars from a lot during an off-duty job that he had
failed to get permission to hold.

The board dismissed the suspension because citizens who had filed the
complaint failed to appear for the first hearing.

That appeal is pending.