Refusal, public employee, cocaine, policy and procedure, reasonable suspicion.

The Shelby County Sheriff appeals a lower court's ruling that affirms the reinstatement of a deputy sheriff. The sheriff's department terminated the deputy's employment after a drug test posted a positive result for cocaine. The deputy argued that he recently smoked a cigarette that had been spiked with cocaine. The deputy said he did not know the cigarette had been altered. The deputy appealed his dismissal to a merit review board. The panel modified the disciplinary action from an order of termination to one of suspension and probation. The sheriff appealed the merit board's ruling.

. The Chancery Court of Shelby County affirmed the decision of the merit board. The court recognized the board's contention that the deputy's insubordination did not warrant dismissal. The sheriff now appeals.

A partial victory for the sheriff. The Tennessee Court of Appeals remanded the case to the Chancery Court with specific directions. The appeals court ordered the chancery court to remand the case to the merit board for further action. The court ordered the merit board to support its ruling with specific examples and provisions from the department's policy.