Source: Minneapolis Star-Tribune (MN) Contact: http://www.startribune.com/ Pubdate: 19 Aug 1998 Author: David Chanen and Chris Graves / Star Tribune ARBITRATOR REINSTATES ST. PAUL SERGEANT FIRED FOR DRUG USE A highly regarded St. Paul police investigator who was fired in February for using marijuana will reclaim his job. An arbitrator reinstated Sgt. Cregg Brackman, named the state's top sex-crime investigator in 1997, to the Police Department, Chief William Finney said Tuesday. The arbitrator disallowed the firing because the department didn't have a zero-tolerance policy on drug use, he said. The arbitrator ruled that Brackman should serve a 30-day unpaid suspension and will be subject to random drug tests for the remainder of his career, Finney said. Brackman will return to work as soon as possible, but he will be assigned to a different unit, Finney said. "I think it's a fair decision," Finney said. "The arbitrator has sent a strong message." In February, Brackman, considered one of St. Paul's most tenacious investigators, admitted smoking two marijuana cigarettes, one in December and one in January. Acknowledging bad judgment, he said he was under personal stress at the time. But he denied that he used marijuana often. The investigation began in December when an investigator with the Dakota County Sheriff's Department got a call from an informant who allegedly saw Brackman smoking the drug openly on several occasions. Investigators searched the garbage at his St. Paul home and found baggies with marijuana residue. However, the small amounts found weren't enough to obtain a search warrant or support a prosecution. Finney said Brackman was the first department officer who had been fired for testing positive for drug use, but Police Federation president Pat Finnigan has disputed the chief's claim. Finney said the federation had urged that Brackman only be disciplined. A federal court ruling allows random urinalysis for the department's tactical and bomb squad units, Finney said. Testing of a person in another unit would have to be initiated by two supervisors, he said. The department will create a policy that will result in termination for the first time an officer tests positive for any illegal controlled substances, Finney said. He said he also wants to develop language regarding officers who commit alcohol-related offenses. Brackman, 47, gained publicity for helping to apprehend Tony Dejuan Jackson, who has been convicted of raping women in Washington and Ramsey County. He is awaiting a Dakota County trial on charges of raping a woman in Inver Grove Heights. Jackson also remains a suspect in the 1995 disappearance of TV anchorwoman Jodi Huisentruit in Mason City, Iowa. Brackman has served his 30-day suspension because he had been off the job since February, Finney said. He will receive back pay for the rest of the time. Copyright 1998 Star Tribune. All rights reserved. - --- Checked-by: Mike Gogulski