Lafourche Parish government employees will not be subject to random drug tests (yet)

Earlier this month, Lafourche Parish councilman Lindel Toups proposed random drug testing for all Parish employees.

He introduced it after proposing random drug tests of public-school employees, which prompted some local residents to question why the same tests aren't required of government representatives.

Toups said he believes his peers will support his newest measure.

"I don't see why not. I don't see why somebody could vote against it," he said. "We drug test employees, so why not drug test the council and administration?"

Those opposed, however, were worried about getting sued:

Council members narrowly passed a law Tuesday [December 9] requiring random drug testing of themselves and anyone employed by Lafourche Parish government.

But legal precedent and some council members suggest the law is ultimately doomed to fail. Some said its passage could mark the start of a costly legal battle, with taxpayers footing the bill.

"All somebody has to do is challenge it. But why go through the expense of using public funds to challenge something we already know is illegal?" said Councilman Joe Fertitta.

The measure now awaits its first test, the judgment of Lafourche Parish President Charlotte Randolph.

Randolph, who acknowledged during the meeting that similar measures were deemed illegal, has ten days to either approve or veto the measure.

Ultimately, Lafourche Parish President Charlotte Randolph did veto the ordinance: "Parish President Charlotte Randolph has vetoed a controversial measure to drug test all Lafourche government employees."

But, the story isn't over yet. The ordinance got five votes (for passage), and only six are needed to override the veto; Toups says he plans to propose an override come January.

The full text of the ordinance is here (page 78 of the Parish Council's 12/9/2008 agenda). Posted by MBC at December 30, 2008 01:26 PM