[420 Girl]

Frankfort, KY. - Gatewood Galbraith, a nationally known advocate for legalized marijuana, is arguing a case before the Personnel Board involving a state employee fired for smoking pot.

According to a termination letter, Ed Davis, of Lawrenceburg, was fired in May 2009 from his job with the Kentucky Department of Fish and Wildlife Resources. He delivered fish by truck throughout the state.

The letter says Davis was fired because he admitted to smoking marijuana and tested positive on a drug screen. As a result, Davis was not qualified to maintain his commercial driver’s license – a key requirement for his job, according to a government lawyer.

Galbraith, a frequent candidate for public office who describes himself as a “meat and potatoes criminal defense lawyer,” says he doesn’t dispute the evidence.

Galbraith represented Davis in his criminal case in Adair County in which Davis pleaded guilty and received a fine for possessing marijuana and drug paraphernalia.

“The facts of the matter are open and shut,” Galbraith told the Personnel Board Friday.

Galbraith asked the Personnel Board to uphold hearing officer Steven Bolton, who found the firing of Davis excessive. Although Davis had a written reprimand and a prior three-day suspension, Bolton reduced the firing to a 30-day suspension.

Davis admitted he smoked marijuana while fishing at Green River Lake in Adair County in March 2009. However, Bolton found there was no evidence Davis had ever worked while under the influence and had not violated any workplace policies.

“The citation … took place off duty, in a non-work location and … did not at that time relate to the appellant’s ability to perform his job requirements,” Bolton wrote.

Catherine York, attorney for the fish and wildlife department, said normally the agency wouldn’t intervene with a non-work related violation. However, the conduct of Davis interfered with his ability to perform his job duties, she said.

A positive drug screen means a CDL holder can’t perform any “safety sensitive” work, which includes driving a truck, York said. Therefore, he was unable to perform his job duties and was terminated, she said.

It’s unclear if Davis’ CDL was ever revoked. Galbraith and York said they didn’t know.

The members of the Personnel Board deferred the matter until next month.

Galbraith jokingly threatened to give the seven-member board the “shortest political speech in history.”

“Being an outsider I can’t let a crowd of more than three people go without being addressed,” he said.

Galbraith has already declared his candidacy for the 2011 gubernatorial race as an independent. His running mate is Dea Riley, a marketing consultant.

In other matters, the board swore in its newest member, David Hutcheson Jr. of Paducah, and elected Suzanne Cassidy, of Crescent Springs, as vice-chair.

The board also discussed bills pending during the 2010 legislative session, including a proposal to reform the system of elections for state employees.

State employees elect two of the seven members.

Currently, it costs about $40,000 to print and mail ballots to some 33,000 state employees, said executive director Mark Sipek.

Participation is usually only 10 or 15 percent because it is difficult to submit a ballot – it must be mailed to a specific postal box and can’t be hand delivered or faxed.

“The legislation was hyper-specific and drafted with the standards of 1986,” Sipek said.

In addition, ballots must be returned in a special envelope that displays the voter’s Social Security number. Sipek wants to replace that with the employee’s unique ID number assigned by the state.

Those changes will increase participation and save money, he said. Voting could eventually be done online, Sipek said.

Similar legislation passed the House last year but didn’t receive a vote on the Senate floor. Sipek said he’s optimistic the bill will pass both chambers this year.

However, board member Larry Gillis expressed concern about other legislative proposals that would alter definitions in the KRS 18A Merit Law.

HB 149, proposed by Rep. Mike Cherry, D-Princeton, is designed to try and reduce “burrowing” within state government where non-merit employees leave at the end of an administration and take a protected merit job.

The bill would increase the probationary period from six to 12 months for non-merit employees applying for merit jobs. Gillis said he’s concerned about treating employees at the same job differently.

“The principle of the Merit System is to treat everyone the same,” he said.

Board members will discuss the legislation further in February and will meet with legislators to discuss their concerns.

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