'EXCELLENT' CITY WORKER'S FIRING UPHELD FOR FLUNKING DRUG TEST

The East Baton Rouge Parish personnel board on Wednesday upheld the
firing of an electrical inspector over a positive drug test even
though he was described as an excellent employee. Several board
members said their hands are tied by the zero-tolerance drug policy
they must enforce.

"If I could offer compassion, this is the case I would do it in," said
Chairman Michael Remson as he explained to Belden "Joe" Fontenot Jr.
that the board can consider only whether the city-parish properly
carried out its policies.

Fontenot was fired after testing positive for marijuana. Fontenot told
the board he was unknowingly exposed to marijuana and should be
allowed to return to work.

The city-parish has a rule that anyone testing positive for drugs --
or alcohol above a certain limit -- is automatically suspended, then
fired.

Skip Breeden, the health, training and safety officer for the
Department of Public Works, told the board the level of marijuana in
Fontenot's urine was "borderline," but still classified as positive.

He called Fontenot an excellent employee. Fontenot said he knew he was
on the list of employees subject to random tests and is anti-drug.

Fontenot told the board that he attended a cousin's funeral shortly
before the drug test. He started drinking beer with his dead cousin's
biker friends at 7:30 a.m.

"Before I knew it, I didn't know where I was," Fontenot told the
board, adding he can't say how marijuana got into his system because
he doesn't know.

He said a cigarette he was given that tasted harsh could have been
laced with marijuana, and also suggested he could have ingested the
drug in brownies.

He said he knew he had done wrong in getting drunk but was unaware he
had ingested or smoked marijuana, so he said nothing before being
asked to take a random test Aug. 4

Testing positive "was a shock to me and everyone else," he
said.

The city-parish acknowledged that Fontenot's work record was good and
that he tested negative on four previous drug screens.

Former union representative Joe Milligan represented Fontenot before
the board.

He argued that the board has the power to reclassify Fontenot's case,
ask him to undergo rehabilitation and put him back to work.

Board members disagreed.

During a break in the hearing, board member Ken Tipton asked Milligan,
"What part of zero don't you understand?"

Voting with Remson and Tipton were board members Diana Muhammad and
Doug Redmond. Aaron Butler abstained.