Sunday, August 29, 1999
Pot-smoking cop reinstated
Akron mayor holds to zero tolerance
The Associated Press
AKRON, Ohio — Two days after the city's Civil Service Commission reinstated a police officer fired for smoking marijuana, Mayor Don Plusquellic issued a warning: the city still has a “zero tolerance” policy on illegal drug use.
Mr. Plusquellic sent a memo to police officers and firefighters Friday that said the city would continue to seek the dismissal of any officer who uses illegal drugs.
The memo was in response to Wednesday's reinstatement of Officer Ken Clark, who was fired in March after he admitted to city officials that he smoked marijuana the day before he was scheduled to take a routine drug test.
Max Rothal, Akron's law director, said the city has agreed not to appeal Officer Clark's reinstatement, but would try to strengthen dismissal language in the city's contract with the Fraternal Order of Police when it comes up for renewal at the end of 2000.
The city likely would not win the appeal because the contract states officers who use illegal drugs “may be subject to dismissal,” Mr. Rothal said.
Paul Hylnsky, president of Fraternal Order of Police Local 7, said the mayor's memo is meaningless to FOP members until the city negotiates its next contract with the union.
“They have to go by the con tract,” Mr. Hylnsky said.
The two members of the Civil Service Commission who voted to reinstate Officer Clark said their decision should not be interpreted as assuring a second chance for police officers who use drugs.
“Discharge for an isolated use of marijuana under the facts and circumstances presented in this case is excessive,” said commission member Virginia Robinson.
James Frost, who voted with Ms. Robinson in the 2-1 decision, said Officer Clark was reinstated because he had an unblemished 18-year record before he admitted to smoking marijuana.
Commission Chairman Sidney Foster Jr. dissented, saying the city's policy should have been upheld.
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