MOTION TO DRUG TEST OFFICIALS FAILS

BROWNSVILLE - A resolution that would have asked elected city officials to
voluntarily take a drug test failed Tuesday night when it didn't receive
support from the aldermen.

Alderman John Simmons proposed that elected officials take the tests, but
his motion didn't receive a second from other board members.

After the meeting, Simmons said he hopes more aldermen will support the
issue when he takes the test and makes the results public.

"I think elected officials need to be accountable for their actions," said
Simmons, when questioned by Alderman Mark Davis of his reasoning. "We're
spending taxpayers' money and if taxpayers want us to be drug tested, I
think they have that right."

Davis asked Mayor Webb F. Banks if he would be willing to take the test.
Banks said yes.

"I wouldn't mind," Banks said.

Requiring aldermen to pass a drug test is probably a violation of the U.S.
Constitution's 4th Amendment, said Larry Banks, city attorney. He consulted
with Municipal Technical Advisory Service about the legality.

The city attorney recited a litany of legal problems whether the test was
required or voluntary.

Larry Banks said elected officials fall under different laws than employees
and that they couldn't be kicked off the board if they tested positive.
City employees receive random testing and are fired if they fail.

In addition, officials' medical problems would probably become public
record and the city's insurance probably wouldn't apply if Brownsville was
sued over the matter, he said.

"From a practical standpoint, I think you are asking for a lot more
problems than you could solve," he said.

Alderman Joe L. Taylor also said passing the resolution would create problems.

"I see that an awful lot of complications can come into this," Taylor said.

Action wasn't taken on the resolution when it was brought up at last
month's meeting so its legality could be researched.

In other news:

a.. Aldermen approved a $196 Christmas bonus for full-time city employees
that they will receive next week.

a.. Officials reported that a trial date hasn't been set yet for a lawsuit
against the city filed in Haywood County Circuit Court. Everett Lee
Watridge of Brownsville is suing the city for about $100,000, claiming that
a city vehicle contributed to a June 20 car wreck.