Clerk Adopts Amended Drug Policy
Rusty Marks
August 3, 2007
Charleston Gazette
Kanawha County Circuit Clerk Cathy Gatson has finally adopted the county's new drug-testing policy — but not without making changes.
In May, the Kanawha County Commission adopted a drug-testing policy for county workers that includes drug tests for any new employee.
Commissioners also approved random drug testing for any employee in a safety-sensitive position — including sheriff's deputies or any other employee who carries a gun, employees who drive or operate heavy equipment regularly and employees in other dangerous jobs.
The drug policy went into effect early in July. All elected county officials had adopted the policy by then except for Gatson, who wanted an independent legal review of the measure.
Gatson finally adopted the drug policy late in month, with one major change: She omitted a section of the policy that allows employees and their cars to be searched for drugs.
She said Thursday she was told the search provision made the policy unconstitutional.
"In an attempt to avoid any potential violation of my employees' civil rights, that language was removed," she said.
Kanawha County Commission President Kent Carper, who has butted heads with Gatson over the drug-testing policy since it was first proposed, was dismayed to learn that Gatson had changed the drug-testing policy. He said the lawyer who wrote the policy advised against making any changes.
"[Gatson's position] means that about 93 percent of the county is operating under an unconstitutional provision," Carper said. He said there could be legal problems for the county if employees are operating under different drug policies.
Carper said the existing drug policy was approved by both Sheriff Mike Rutherford and the Sheriff's Department. He said the existing language in the drug testing policy is perfectly legal.
"He has his opinion," Gatson said. "I have mine. That's why I have an attorney. I listen to his advice."
Carper said the County Commission would talk about the drug policy at a regular meeting next week. "We'll decide what to do about it then," he said.
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