Scott Orders Drug Testing For State Employees
March 23, 2011
Gov. Rick Scott signed an executive order on Tuesday that will require random drug testing of many current state employees as well as pre-hire testing for applicants.
“Floridians deserve to know that those in public service, whose salaries are paid with taxpayer dollars, are part of a drug-free workplace,” Scott said. “Just as it is appropriate to screen those seeking taxpayer assistance, it is also appropriate to screen government employees.”
The reference to taxpayer assistance referred to a push by Scott and legislative Republicans to require those who apply for state benefits under the Temporary Assistance to Needy Families program to submit to a drug test before getting benefits. That proposal (SB 556) was approved unanimously on Tuesday by the Senate Criminal Justice Committee. It has another stop before the Senate floor.
Under Scott’s proposed order, current employees in agencies that answer to the governor, would be subject to periodic random screening. The executive order signed by Scott says the tests would require testing of each employee “at least quarterly.” The random testing of current employees will begin in 60 days under the order.
“A better, healthier, more productive workforce is something taxpayers deserve,” said Scott spokesman Brian Hughes.
Effective immediately, any new hires in governor’s agencies would also be subject to pre-hire drug testing under the order.
State agencies are already allowed – though not required – to do pre-hiring drug screening under the Florida Drug-Free Workplaces Act. State officials couldn’t say Tuesday which, if any, agencies already do that.
State agencies, under that law, also can already require drug testing when there’s suspicion that a current employee is using illegal drugs, but courts have generally found that random testing of government workers who aren’t in jobs that affect public safety, such as bus drivers, or in security positions, amounts to a “search” by the government. Such searches must be “reasonable,” generally, and some courts have interpreted such requirements of ordinary government workers as a violation of the U.S. Constitution’s Fourth Amendment right against unreasonable searches.
In fact, almost immediately Scott’s order came under fire from the ACLU, which said that a 2004 federal court ruling in Florida on exactly this issue made at least part of Scott’s order unconstitutional.
In that case, U.S. District Judge Robert Hinkle ruled that the Department of Juvenile Justice was violating the Fourth Amendment in ordering random drug testing. Hinkle ordered DJJ to halt the random drug testing and pay the employee who sued, Roderick Wenzel, $150,000.
It’s not clear whether the DJJ ever did stop its random drug testing. A spokeswoman for the agency referred that question to the governor’s office.
Hughes, the Scott spokesman, said he didn’t know enough about the case to comment on what ever happened to the Wenzel case, or why it didn’t have a bearing on Tuesday’s order.
But the ACLU contends that random searches of all employees aren’t allowed.
“I’m not sure why Gov. Scott does not know that the policy he recreated by executive order today has already been declared unconstitutional,” ACLU of Florida Executive Director Howard Simon said in a statement. “The state of Florida cannot force people to surrender their constitutional rights in order to work for the state. Absent any evidence of illegal drug use, or assigned a safety-sensitive job, people have a right to be left alone.”
Hughes said Scott, obviously, believes otherwise.
“The governor has some of the best legal advisors available,” Hughes said. “This executive order is within his legal authority.”
Former Carver/Century Play Area Gets New Home At Bratt Elementary
March 23, 2011
A covered play area formerly located at Carver/Century School has a new home at Bratt Elementary School.
Contractors have nearly completed the process of moving the 40 x 60 foot steel structure to Bratt. The low bidder on the project was Trammell Construction, Inc. at $48,275 for moving the structure, plus $1,051 for an intercom system for the play area. There were six other bids received in amounts up to $99,000.
The 16-foot high cover was disassembled in Century and re-erected at Bratt with electricity and appropriate lighting.
“The request was made by the school to investigate the feasibility of relocating the covered play structure located at the former Carver/Century K-8 school to Bratt Elementary. The assessment was conducted and the project was commissioned,” said Shawn Dennis, assistant superintendent of operations for the Escambia County School District.
Pictured: A covered play area was relocated from Century to Bratt Elementary School.
Man Gets 10 Years In Prison For Dog Fighting
March 23, 2011
An Escambia County, Alabama, man has been sentenced to 10 years in prison for dog fighting.
Terrance McNeil pleaded guilty to felony dog fighting charges that stemmed from a 2008 incident in Atmore. An anonymous tip led investigators with the Atmore Police Department and the Human Society of Escambia County (Ala.) to North Sunset Drive where they found a makeshift dog fighting arena.
According to investigators, they found several vehicles parked outside a trail that led into a thickly wooded area, ending at a “plywood pit” surrounded by floodlights powered by a portable generator. They also located an assortment of alleged dog fighting paraphernalia.
Two other people are awaiting trail in connection with the incident.
Pictured top: An alleged dog fighting arena discovered in a wooded area off North Sunset Drive in Atmore in June, 2008. Pictured inset: Terrance McNeil was sentenced to 10 years in prison for dog fighting. Pictured below: One of the dogs allegedly involved in the incident. Submitted photos for NorthEscambia.com, click to enlarge.
Federal Agency: Poarch Creek Gaming Is Legal
March 23, 2011
The federal agency that oversees Indian gaming in the country has responded to Alabama Attorney General affirming that electronic bingo is legal on Poarch Creek Indian tribal land.
In a letter to Attorney General Luther Strange and Gov. Robert Bentley, the National Indian Gaming Commission said Poarch Creek facilities, including Wind Creek in Atmore, can offer electronic bingo since it is legal to play paper bingo elsewhere in the state.
“So long as a state permits the game of bingo, regardless of the state’s definition of the game, an Indian tribe within that state may also play bingo as defined in IGRA (Indian Gaming Regulatory Act),” Tracie L. Stevens, chairwoman of the NIGC stated in the letter. “Tribes are not bound to state definitions of the game of bingo. If a state permits paper bingo only, as Mr. Strange represents Alabama does, a tribe within that state may play electronic bingo so long as it otherwise meets IGRA’s Class II gaming definition.”
The federal agency issued the letter in response to a claim by AG Strange that electronic bingo was prohibited in Alabama.
“I would also ask that any regulations make clear that the mere fact that traditional bingo is allowed in certain parts of this State does not mean that “electronic bingo” is legal on Indian lands in this State,” Luther Strange said in a letter to the National Indian Gaming Commission (NIGC) in February.
“I urge you to make clear that Native American Indian tribes located in Alabama cannot engage in gambling activities that are patently illegal under Alabama law,” the AG said.
Federal Judge Clarifies Santa Rosa Prayer Order
March 23, 2011
A federal judge has clarified his order concerning prayer, religion and schools in Santa Rosa County.
Federal District Court Judge M. Casey Rodgers granted in part a preliminary injunction and granted a request for hearing on remaining claims.
Rodgers clarified that school district employees are allowed to attend religious services such as baccalaureate, even on a school campus.
“This is the only claim involving allegations of school officials threatening discipline for private conduct outside of school or a school event,” Rodgers wrote. “A private religious service is not a school event, even if it takes place in rented school facilities.”
The court prohibited the Santa Rosa County School Board to “from enforcing any school policy that restrains in any way an employee’s participation in, or speech or conduct during, a private religious service, including baccalaureate” pending a full hearing this summer.
Lady Chiefs Beat The ‘Canes Times Two; Boys Beat PCA
March 23, 2011
The Northview Lady Chiefs defeated the Flomaton Hurricanes in both junior varsity and varsity softball action Tuesday.
Northview 8 Flomaton 0 (Varsity)
The varsity Northview Lady Chiefs defeated the Flomaton Hurricanes Tuesday evening, 8-0. Misty Doran pitched a one-hitter and had 14 strikeouts for Northview. Shawna Montgomery went 3-4 with a double and a home run and Doran added a triple. Sarah Killam went 2-3 with a double, Haley Simpson was 2-4 and Kara Hardin was 2-3.
Northview 6 Flomaton 2 (JV)
In JV action, the Lady Chiefs beat the ‘Canes 6-2.
Morgan Digmon (5-1) pitched six innings while allowing only four hits. Shaniqua Jones had a triple. Shelley Mothershed had two hits, and Paeton Hadley had one hit to the lead the JV Chiefs offense.
The Lady Chiefs will be in action again Thursday when they host Jay. Junior varsity is at 4:00 and varsity is at 6:00.
Northview 11 PCA 1 (Boys)
In boy’s baseball action, Northview beat Pensacola Christian 11-1 Tuesday.
Dabney Langhorne went 2-3 for the Chiefs with a double and two runs; Brandon Sheets was 1-3 with a home run, a run and an RBI.
The Chiefs will host Escambia Academy Thursday with the JV at 4:00 and the varsity at 6:00.
Gulf Power Warns Of Fake Employee Scam
March 23, 2011
Scam artists have recently victimized residents in Northwest Florida recently by impersonating utility company employees, and Gulf Power is warning customers to be on the alert.
Gulf Power said someone impersonating an employee of the utility company contacted a resident by telephone. The caller told the victim that their electric bill was past due and that electricity would be cut off if the customer did not provide a credit card payment immediately. The card numbers were then used to make fraudulent purchases.
To prevent this from happening , Gulf Power asks customers to remember:
- Gulf Power employees will never call a customer at home seeking any personal information including credit card numbers.
- Gulf Power representatives will never ask a customer for money when they visit a residence.
- All Gulf Power representatives carry badges with picture identification that includes the employee’s name and the company’s name and logo.
Customers should call Gulf Power at 1-800-225 5797 if they have any questions about the identity of anyone representing Gulf Power.
Gulf Power is working with local law enforcement agencies to identify the perpetrators. If anyone has been victimized by one of these schemes, or has any information about suspects, they are asked to call local law enforcement and to contact Gulf Power at 1-800-225-5797.
Flomaton Man Dies In Georgiana Traffic Crash
March 23, 2011
A Flomaton man was killed earlier this week in a traffic crash in Georgiana, Ala.
William Arnold Bell, 64, died as result of injuries he received in the motorcycle crash in the Butler County, Ala., town. Further details about the crash have not yet been released by the Georgiana Police Department.
Penascola Man Killed In Cantonment Traffic Crash
March 22, 2011
A Pensacola man was killed in a high speed traffic crash about 10:00 Tuesday morning in the Cantonment area.
The Florida Highway Patrol said Erskine M. Rushton, 31, was southbound on Highway 297A near County Road 97 in excess of the speed limit when he lost control in a curve. He over-corrected, and his 2009 Nissan Sentra began to spin clockwise into the path of a 2008 Escambia County Road Department truck driven by John Worley, 66, of Pensacola. The front of the work truck struck the side of the Nissan, according to the FHP.
Rushton was pronounced dead at the scene. Worley was transported to a Sacred Heart Hospital with minor injuries. He was the lone occupant of the county truck.
Pictured: A Pensacola man was killed in this accident Tuesday morning on Highway 297A. NorthEscambia.com photos by Kristi Smith, click to enlarge.
Century Delays Approval Of Community Center Rental, Security Policies
March 22, 2011
The Town of Century has again delayed a new community center rental policy in response to several recent violent events — this time over a concern that some non-profit groups could be hit with a $350 rental fee.
After a double shooting during a “teen party” at their Habitat building, the council voted two weeks ago to “get tough” with new rules to curb violence and policy abuses at their community centers. Mayor Freddie McCall returned to council Monday night with a recommended policy that was developed with input from the town’s attorney, Matt Dannheisser.
The attorney, according to the mayor, recommended that the council require security provided by off duty Escambia County Sheriff’s Office deputies at community center functions at $25 per hour. McCall recommended charging for a six hour minimum for deputies, possible refunding any time over four hours not used.
With a $100 rental fee, a $100 deposit and a $150 fee for the deputies, the total cost out of pocket for an individual or group to rent the town’s Habitat Building or Ag Building would increase to $350.
That expense, and the need for an armed deputy, concerned council member Jacke Johnston on behalf of Century’s Relay for Life, which holds planning meetings at the Ag Building. “For a (Relay for Life) meeting, we would have to get security?” she asked.
McCall also express concerns about making groups like the Century Chamber of Commerce pay for security.
“It’s a shame and I hate to do it,” he said of charged established non-profits for a deputy at their meetings.
Century’s concern over rental policies and security requirements arose after several violent events, including a late-February double shooting at the Habitat Building, which was rented at the time by a Century woman for a “teen party”.
With knowledge that the violent events had occurred, and could happen again, the town could be very liable if sued, according to the town attorney, without a security requirement.
“I’m not for renting it anymore for parties, period. We are inviting ourselves to trouble,” McCall said. “It wasn’t built for those wild parties to being with…most of these people doing it are coming from Atmore. They’ve done been run out of Atmore.”
“The only other option we have is to not rent it all,” said Brooks.
Monday night, the council tabled action on any new community center rental and security policy, opting to return to the town attorney for an opinion. Council members want to know from the attorney if they can forgo the security requirement for non-profit groups.
Until a policy is approved, the council has issued a moratorium on renting the buildings — only the mayor can override the moratorium.
Pictured top: The interior of Century’s Habitat Building, which is often rented to the public. Pictured inset: The exterior of the building. NorthEscambia.com photos, click to enlarge.