FORSYTH COUNCIL ASKED TO VOLUNTEER FOR DRUG TESTS

FORSYTH - City Council members were asked Tuesday night by one of
their own to "set an example" and voluntarily participate in the
city's random drug testing program.

Councilman Ralph Ogletree asked the five other council members if they
would join him in signing a statement that waives the council members'
immunity to random drug testing.

Drug testing among the city's elected officials was called in question
earlier this year when Councilman Melvin Lawrence sued the city over a
failed drug test. Lawrence, who has denied ever using drugs, has
accused the city in his federal suit of acting without authority when
it required him to submit to the drug screen.

In May, a federal judge ruled the city may have acted without
authority and violated Lawrence's rights when it forced him to take
the "suspicionless" test. Earlier this month, the judge denied four of
Lawrence's seven claims but allowed the allegation that the test was
an "unreasonable search" to proceed.

Elected officials were added to the pool of people eligible for the
city's random drug screens in 1996 at Ogletree's request.

"I need to reiterate something that I brought up in 1996," Ogletree
said Tuesday night, according to a tape of the meeting. "As you know,
we have been exempted as council members from drug testing, and I
still think just like I did in 1996 that I don't want to ask any
member of this city - from the lowest city employee to myself and the
mayor - to do anything that I'm not willing to do."

He then asked the council members to join him in signing the
statement.

Lawrence was the only member of council to not sign the voluntary
statement.

"My line of thinking was the judge told them they couldn't do this
because it was illegal," he said Wednesday. "... As far as taking a
drug test, I will volunteer to take one if they ask me."

Lawrence said he just didn't want to sign the statement because he
thought it violated what the judge said.

The voluntary statement the council members were asked to sign says an
elected official should not require the citizens of Forsyth and city
employees to do things "that I am not prepared to do also, even if I
may not be legally required to do so."

"Therefore, I wish to and do waive any immunity that I may otherwise
have to be exempt from random drug testing and submit to such under
the City's Drug and Alcohol Code, which is a part of the City
Personnel Code," the statement said. "I do this freely and voluntarily
and to set an example."

City Attorney Bobby Melton said it was not clear how the voluntary
statement would affect the city's drug testing policies, and that
would need to be discussed.