WARRICK OFFICIALS SKIP DRUG TESTS

BOONVILLE, Ind. — Warrick County court officials have not participated in
county-mandated, random drug tests, an official said Tuesday.

A county policy that went into effect in January requires all county
employees to comply with random tests, but employees who work with the
county's three courts and the prosecutor's office have not complied,
according to Warrick County Administrator Brian Burdette.

The issue arose Monday during the county's board of commissioners meeting
when officials opted to send letters to all three county judges and the
prosecutor's office, asking how they intend to proceed.

"The commissioners are perplexed why anyone, especially those individuals
who are in leadership roles, would not want to voluntarily participate in a
program whose goal is to provide/insure a working environment free of
illegal drugs and the problems associated with drug users," the letter
states.

"Leaders should, by example, demonstrate that the use of illegal drugs or
the abuse of alcohol is not acceptable conduct for anyone," the letter
states.

On Tuesday, Warrick Superior Court Judge Robert Aylsworth said he had not
received a copy of the letter but he had anticipated it. Aylsworth also said
random drug testing raises numerous constitutional questions.

"Not only is there a problem with the separation of powers," Aylsworth said,
"there's a real privacy rights issue here, too."

With the exception of $5,000 that Aylsworth earns from Warrick County, his
salary is paid by the state of Indiana. There are three employees in his
office whose salaries are paid entirely by the county, he said.

"The courts are a separate branch," Aylsworth said. "I don't necessarily
desire to put our people under their control."

Warrick Circuit Court Judge Donald Hendrickson said he supports drug
screening. He said he has not reviewed the county's policy or its
ramifications, but regardless, he wants it to be consistent.

"The report I first got about testing did not provide adequate testing to
show it was going to be effective, other than being harassment," Hendrickson
said.

"As long as it does not violate the Constitution, I'm willing to cooperate
with other public officials."

Burdette said all county employees in May were required to report for a
baseline drug test. Following the initial test, employees would then be
selected at random, he said.

The selections would be made by the company doing the drug screening,
Burdette said, and the county cannot tell them who to select. Whether in the
public or private sector, random drug tests should be administered across
the board, said Teamsters Local 215 President Chuck Whobrey.

Some county employees with commercial driver's licenses already are required
by the U.S. Department of Transportation to submit to such tests, he said.

The Teamsters represent 81 employees in Warrick County, Whobrey said, and as
of Tuesday he said he has not heard any complaints from them.

Warrick Superior Court Judge Edward Campbell said Tuesday he would have no
objection to taking a voluntary drug test, but because of the separation of
powers argument, he would be reluctant to order his employees to do so.

Warrick County Prosecutor Todd Corne could not be reached for comment
Tuesday.