Drug test, evidence, cocaine, policy and procedure, public employee, due process.

Dade County officials appeal a lower court's decision in a suit involving a former employee. The county dismissed Sally Bannister, a corrections officer, for testing positive for cocaine in a mandatory drug test. Bannister requested an administrative review. A hearing officer recommended that Bannister be retained but placed on suspension for a specific period of time. The hearing officer also suggested that Bannister be subjected to random drug testing. Her supervisors appealed the recommendation to the county manager, who upheld the original decision to terminate Bannister's employment. Bannister filed suit against the county.

A circuit court ruled for Bannister, stating the county manager erred in reversing the hearing officer's decision. The court ordered Bannister reinstated with back pay. County officials now appeal.

Dade County wins. The Florida Court of Appeals, Third District, reversed the lower court's decision. The appeals court ruled ample evidence supported the county manager's decision to terminate Bannister for violating the county's drug policy.