JUDGE: COP WHO USED MARIJUANA CAN KEEP JOB

An Illinois State Police master sergeant who admitted smoking marijuana can
keep his job, a Sangamon County judge ruled Wednesday.

Mark Atchison, 42, of Pawnee, admitted he took "a couple of hits" from a
marijuana cigarette he saw two family members smoking outside a party on
Feb. 14, 1999. He told the merit board the eight beers he drank at the
party contributed to his poor judgment.

Atchison, a 17-year veteran of the state police, tested positive for
marijuana in a random drug test three days later, and the state police
tried to fire him under the agency's "zero tolerance" policy on drugs.

However, he argued before the State Police Merit Board that he was a good
employee with a clean record and deserved a second chance.

The merit board agreed. Atchison was suspended for six months without pay,
and the board put limits on his future service with the state police.

State police sued to overturn the ruling, arguing agency officials would
lose credibility if they can't fire officers who break the law.

Circuit Judge Thomas Appleton concluded that the legislature did not leave
it up to the state police director "to be the sole arbiter of discipline."
Appleton said the merit board was created for that purpose.

He said the court also had limited administrative review duties.

"It is not this court's place to agree or disagree with plaintiff's
zero-tolerance policy or to interpret what that policy means as applied to
the scope of discipline," Appleton wrote. "Unless the administrative
agency's determination is contrary to the manifest weight of the evidence
or is either unreasonable or arbitrary, it cannot be reversed on
administrative review."

He said the attorney general's office, representing the state police,
failed to show that the merit board's decision was unreasonable.

Appleton added that it isn't necessary to make a distinction between a
zero-tolerance ban on conduct and penalties for a violation. He said it is
sufficient that the legislature created the merit board to handle discipline.

"That the board does not agree with the director in this instance is
neither unreasonable or arbitrary," Appleton said.

Atchison has been on paid administrative leave from his job as a state
police pilot since completing the suspension in November.

"He'll be going back to his job in the near future," said state police
spokesman Dave Sanders. Despite Atchison's impending return to work, the
state police legal office is reviewing its appeal options, Sanders said.