Pubdate: Tue, 06 Apr 2004
Source: East Valley Tribune (AZ)
Copyright: 2004 East Valley Tribune.
Contact:  http://www.eastvalleytribune.com
Details: http://www.mapinc.org/media/2708
Author: Jason Emerson, Tribune
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

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.
- ---
MAP posted-by: Jay Bergstrom