JUDGE STOPS MEETING OVER FORSYTH COUNCILMAN'S DRUG TEST

FORSYTH - A federal judge barred Forsyth on Wednesday from holding a
disciplinary hearing to possibly take action against a city councilman
who tested positive for cocaine.

The judge's order came hours after the attorney for Forsyth City
Councilman Melvin Lawrence withdrew a state lawsuit against the city
and filed suit in U.S. District Court in Macon. The federal suit
included a request to block a special meeting that was planned for
tonight, at which Forsyth planned to take up Lawrence's test results.

"We will not have a hearing," said Forsyth city attorney Bobby Melton,
who received the federal lawsuit late Wednesday.

Benson Ham, Lawrence's attorney, could not be reached for
comment.

U.S. District Judge Duross Fitzpatrick's order will keep the city from
holding any kind of hearing or investigation regarding Lawrence until
after a May 16 injunction hearing.

It was the second time the city's attempt to hold a disciplinary
hearing for Lawrence has been blocked by a judge.

The city first scheduled a hearing April 13 - the same day Lawrence,
51, filed a lawsuit in superior court disputing the results of the
random drug screen and claiming the city had no authority to test him.

That meeting was canceled after a Monroe County Superior Court judge
issued a temporary restraining order prohibiting the city from
conducting the disciplinary hearing. The order expired Sunday.

The city has previously indicated it could take action at the hearing
ranging from exonerating Lawrence to disqualifying him from office,
censuring him with a fine, or requiring him to participate in drug
treatment or counseling.

The federal lawsuit includes most of the same allegations as the state
lawsuit, mainly that the city does not have the power to conduct a
hearing or investigate council members, and it does not have the
authority to consider vacating or forfeiting a council member's seat.

The federal lawsuit also contends the city cannot require Lawrence to
submit to a random drug screen and that Lawrence's rights were
violated by the city's attempt to hold a hearing and remove him from
office.

Additional allegations included in the federal lawsuit are
that:

* Mayor Paul Jossey Jr. illegally ran for a third term and thus was
not authorized to require Lawrence to submit to a random drug screen.

* The city's 1996 decision to include elected officials in its random
drug testing policy is not enforceable. The lawsuit alleges that
changes affecting someone's eligibility to "become or remain a
candidate" must be cleared by the U.S. Attorney General's Office,
which was not done in this case.

* The random drug screen was inaccurately performed or tampered with
to intentionally show a positive result.

The lawsuit asks the court to agree that the city does not have the
authority to require random drug tests and that the city be prohibited
from ever holding a hearing regarding the drug screen performed on
Lawrence.

The suit also asks for a declaratory ruling that Jossey is
disqualified from holding office.

Jossey declined to comment on the federal suit until he had seen a
copy of it. As of late Wednesday, he had not been served.

In 1996, the City Council decided to include elected officials in the
city's random drug screens. A policy adopted in 1990 already required
most law enforcement officers, firefighters and employees who operate
city-owned vehicles or machinery to submit to random tests.

Both lawsuits filed by Lawrence stem from a March 21 urinalysis he
took as part of the city's random drug testing policy. Lawrence was
notified March 28 of the positive result.

That same day, he took an independent test at The Medical Center of
Central Georgia. He took another test March 29 at Coliseum Health
Systems. Lawrence's attorney provided The Macon Telegraph with copies
of these drug screens, which are both negative for the presence of
cocaine metabolites.

Through his attorney, Lawrence has denied ever using
cocaine.

But the city, in its response to the Superior Court lawsuit, said
these subsequent screens have no relevance. Cocaine processes through
the body in between one and five days, so a test taken seven or more
days after the first test doesn't indicate whether Lawrence had
cocaine in his system March 21, the city said.

The city had Lawrence's original urine sample retested April 11, and
the lab report again indicated a positive result for cocaine
metabolites, according to the city's response.

The city has indicated that its charter does give it the right to
remove the mayor or a council member from office if that person
"willfully and knowingly violates" the charter.

The city also contends the charter gives council members the right to
make inquiries and investigations into the affairs of the city and any
department or office, and then exercise punishment as provided by ordinance.

It was not clear when the city will have to file a response to the
federal suit.