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Charles E. Ahart and Gavin McWhirter Complainants-Appellees and State Personnel Board Appellee
vs.
Department of Corrections Division of Adult Services Buena Vista Correctional Facility Respondent-Appellant.
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Issues:
Corrections, public employees, drug test, reasonable suspicion, safety, due process, policy and procedure.
Case Summary:
Officials with the state's Department of Corrections appeals a decision to reinstate two dismissed corrections officers. Officials at the Buena Vista Correctional Facility received a tip from an anonymous source that officers Charles Ahart and Gavin McWhirter were involved in drug use. The two officers were ordered to submit to a drug test, and both produced positive results for marijuana. Both later admitted to using the drug. Corrections officials fired Ahart and McWhirter. The pair appealed the decision to a state administrative law judge for personnel issues. The AJL ruled the two workers were dismissed for just cause. The pair appealed the decision.
Decision of lower jurisdiction:
The State Personnel Board reversed the AJL's decision and ordered Ahart and McWhirter reinstated with back pay. The board stated corrections officials lacked reasonable suspicion to order the two workers to submit to the drug tests. DOC officials now appeal.
Outcome:
The DOC wins. The Colorado Court of Appeals, Division Two, vacated the board's decision and remanded the case for appropriate action.