FORSYTH COUNCILMAN SUING OVER DRUG TEST

FORSYTH - A Forsyth City Council member who allegedly tested positive for
cocaine last month is suing the city, disputing the results of the drug
screening, and claiming the city had no authority to test him.

Melvin Lawrence, who was elected in November, filed the lawsuit April 13
against the city and the City Council, of which he is a member.

The suit was filed the day the council planned a hearing to discuss
disciplinary action that could have included disqualification and forfeiture
of Lawrence's position as a councilman, according to the complaint.

That same day, Monroe County Superior Court Judge E. Byron Smith issued a
temporary restraining order prohibiting the city from conducting the
disciplinary hearing before Saturday.

Lawrence referred questions to his attorney Benson Ham.

"I can't make comments because of the lawsuit," Lawrence said.

Ham did not return messages left at his office and home.

City Attorney Bobby Melton said the city will respond to the lawsuit within
30 days, as required.

"With pending litigation, I'm not at liberty to discuss much," said Melton,
who has been the city's attorney for 20 years. "I expect the city is going
to file a response at the appropriate time."

According to the complaint, Lawrence submitted to a random urinalysis March
21 at the Monroe County Hospital. He was notified March 28 that he had
tested positive for cocaine metabolites.

He later took drug tests from two independent labs, and neither showed the
presence of cocaine, according to Lawrence's complaint.

The city adopted a drug and alcohol use code in 1990 that prohibits
employees from using illegal drugs on city premises or off the premises if
it affects job performance or the "city's regard or reputation in the
community."

The code allows for random drug screenings of most law enforcement officers,
firefighters and employees that operate city-owned vehicles or machinery.
Termination is listed as a possible consequence of violating the code.

In 1996, the council voted to amend its random drug testing policy to
include elected officials, according to the council's minutes.

In his suit, Lawrence claims there is no ordinance requiring him to submit
to a random drug screen and, the lawsuit states, the city's charter does not
give it the authority to adopt such a rule.

He also claims the city does not have the power to conduct a hearing or
investigate fellow council members nor does it have the authority to
consider vacating his council seat.

According to the city's charter, the "council may make inquiries and
investigations into the affairs of the city and the conduct of any
department, office or agency."

Lawrence also alleges his rights were violated by the drug screen and the
scheduled hearing, and that the "actions and threatened actions of the City
of Forsyth discriminated against (him) on the basis of his race."

Lawrence is black, as are three other council members. Two council members
and the mayor are white.

Lawrence attended the council's regularly scheduled meeting Tuesday night,
and the issue was not discussed.