WORKER RETURNS DESPITE POSITIVE DRUG TEST

A city-parish worker was put back on the job Tuesday by the East Baton
Rouge Parish Personnel Board despite testing positive for marijuana in
December.

The board found the city-parish made a procedural mistake in the case
involving Alfred Bridgewater, a street maintenance worker fired in January.

The city-parish's Drug Free Workplace Ordinance calls for the firing of any
employee who tests positive during a random drug screen. All firings can be
appealed to the Personnel Board.

Mark Falcon, Bridgewater's lawyer, said the mistake occurred when the
city-parish failed to provide notice that it intended to use the drug
screening report, instead of live testimony from those who performed the
drug test, to substantiate the firing.

Falcon said he went to the hearing expecting to be able to question the
people who performed the test, but discovered the city-parish intended to
only submit the report of the test.

"I can't cross examine a report," Falcon said.

Falcon said the notice requirement would have given him time to challenge
the testing procedure prior to the hearing.

Irys Allgood, the assistant city-parish attorney assigned to handle cases
before the Personnel Board, said she doesn't think the ordinance requires
such notice.

She said Bridgewater's case marks the first time since she started working
before the board two years ago that anyone has raised the notification issue.

"The board says they need a cover letter to serve as official notice that
we will use the report," Allgood said. "It wasn't a necessary step in my mind."

Allgood said she is considering appealing the board's ruling about
insufficient notice to state district court.

The board on Tuesday also refused to give Allgood a continuance that would
have allowed her to give the notice before a hearing took place. After the
board refused to grant the delay, Allgood said, she had no hope of winning
the case.

"Our hands were tied," she said.

Allgood said Bridgewater received a report on his test results and a letter
that outlined the reasons for his firing in January.

By a 4-1 vote, the board put Bridgewater back on the job starting May 21.
Bridgewater will not receive back pay and will be subject to drug testing
at any time, Allgood said.

The lone board member to vote against Bridgewater's reinstatement was
Andrew Redmond. Redmond said he was "absolutely astounded" that the board
voted the way it did.

"We've never had anything like this before," Redmond said.

Another board member, Dick Goldberger, declined comment about the board
vote. Goldberger voted in favor of reinstating Bridgewater. Goldberger said
he preferred that board Chairman Mike Remson answer questions about the
vote. Remson did not return a phone call Tuesday afternoon.

Redmond, Remson and Goldberger are appointed by the Metro Council. The two
other board members, Wendell Wilson and Patricia Williams, are elected by
city-parish employees.