MESA TO APPEAL DRUG-TEST BAN

The Mesa City Council voted unanimously Monday to ask the U.S. Supreme
Court to decide if city firefighters can be tested at random for drugs. The
city requires random drug tests for police officers, gas pipeline workers
and employees who hold commercial driver's licenses.

On Jan. 29, 2001, a few days before the policy was to take effect in the
Mesa Fire Department, fire Capt. Craig Petersen filed suit.

Petersen, who represented himself, persuaded a Maricopa County Superior
Court judge in October 2001 to bar Mesa from randomly testing firefighters.

But the state Court of Appeals overturned that ruling in a 2-1 decision in
February 2003.

The majority said the policy was reasonable under the state and federal
constitutions.

In January, the Arizona Supreme Court reversed that ruling, saying Mesa's
drug policy violated Petersen's Fourth Amendment right to privacy.

In their unanimous ruling, the justices noted that firefighters are not
directly involved in drug interdiction, do not carry firearms and do not
use deadly force.

The court also said Mesa had no evidence of drug abuse among firefighters.

Monday, Vice Mayor Dennis Kavanaugh said the state Supreme Court had a
"fundamental misunderstanding" of the nature of firefighters' duties by
determining they are not in safety-sensitive positions.

City Attorney Debbie Spinner said the high court likely will decide by fall
whether to hear the case.

She has until April 26 to submit a petition.

The city will pay $10,000 to $40,000 to a law firm with experience in U.S.
Supreme Court cases, Spinner said.

If the city loses, it would have to pay an estimated $5,000 for
reproduction fees for the opposing side, Spinner said.