Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
We’ve never met Bruce Iverson, but we admire him. From what we can tell, Iverson is a regular Joe, a steady Eddie. He’s logged 18 years with the same employer, the city of Dothan, and works as an equipment operator for the Environmental Services Department.
At least he had, until the week of Memorial Day. Iverson was arrested on drug charges and fired from his job.
It sounds simple, doesn’t it? Not so fast.
Bruce Iverson was fired after he was charged with constructive possession of marijuana, a legal oddity that allows police to charge anyone “in the proximity” of illegal drugs with possession. Iverson didn’t have marijuana, but one of his co-workers, Kendrick Corbett, did. And because they were both working on a trash collection truck when the arrests occurred, both were charged.
So Bruce Iverson went to his job that Wednesday morning as he had each workday for the last 18 years. Before the day was over, he was arrested for possession of marijuana he did not have and fired for not reporting a coworker who did.
Iverson could have simply sought employment elsewhere. But he had done nothing wrong, so, at a great personal burden, he chose to endure his termination, hire a lawyer and fight to clear his name.
After 75 days of unemployment, Iverson received a victory this week. The veteran municipal employee appealed his dismissal to the Personnel Board, which voted to reinstatement him and convert the time from May 28 to Aug. 11 from termination to suspension without pay.
Many innocent people have been unjustly accused under the concept of constructive possession, which is usually applied when illegal substances are found during traffic stops. Law enforcement officers can charge every person in the vehicle, as they are “in proximity” to the contraband. When the drugs are in the glove box or the console of the vehicle and no one will claim them, constructive possession is a useful tool. When one person possesses an illegal substance but others in the vehicle have nothing to do with it, the application of constructive possession is unjust.
Then there is the disconnect between what the city’s personnel rules expect of a worker and how things play out in real life. Iverson was fired because he knew Corbett had marijuana and did not report it. Taking such a step can be difficult for co-workers and expecting workers to be the “eyes and ears” of the employer is unreasonable. A man should not be punished for minding his own business.
While we applaud the Personnel Board for rightly reinstating Iverson, it’s a hollow victory for the beleaguered worker. Iverson did nothing wrong; he deserves to be made whole. Municipal employees who run into trouble in their jobs are often suspended with pay pending the outcome of due process. Iverson did not receive that consideration but, considering the turn of events, certainly should have.
In all fairness, Iverson should not only be put back on the job, but should be compensated retroactively to May 29 and assured of no disruption in his continuity of service.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Dothan Eagle
Copyright: 2008 Media General Communications Holdings
Contact: Contacts | Dothan Eagle
Website: When minding one’s business doesn’t pay | Dothan Eagle
At least he had, until the week of Memorial Day. Iverson was arrested on drug charges and fired from his job.
It sounds simple, doesn’t it? Not so fast.
Bruce Iverson was fired after he was charged with constructive possession of marijuana, a legal oddity that allows police to charge anyone “in the proximity” of illegal drugs with possession. Iverson didn’t have marijuana, but one of his co-workers, Kendrick Corbett, did. And because they were both working on a trash collection truck when the arrests occurred, both were charged.
So Bruce Iverson went to his job that Wednesday morning as he had each workday for the last 18 years. Before the day was over, he was arrested for possession of marijuana he did not have and fired for not reporting a coworker who did.
Iverson could have simply sought employment elsewhere. But he had done nothing wrong, so, at a great personal burden, he chose to endure his termination, hire a lawyer and fight to clear his name.
After 75 days of unemployment, Iverson received a victory this week. The veteran municipal employee appealed his dismissal to the Personnel Board, which voted to reinstatement him and convert the time from May 28 to Aug. 11 from termination to suspension without pay.
Many innocent people have been unjustly accused under the concept of constructive possession, which is usually applied when illegal substances are found during traffic stops. Law enforcement officers can charge every person in the vehicle, as they are “in proximity” to the contraband. When the drugs are in the glove box or the console of the vehicle and no one will claim them, constructive possession is a useful tool. When one person possesses an illegal substance but others in the vehicle have nothing to do with it, the application of constructive possession is unjust.
Then there is the disconnect between what the city’s personnel rules expect of a worker and how things play out in real life. Iverson was fired because he knew Corbett had marijuana and did not report it. Taking such a step can be difficult for co-workers and expecting workers to be the “eyes and ears” of the employer is unreasonable. A man should not be punished for minding his own business.
While we applaud the Personnel Board for rightly reinstating Iverson, it’s a hollow victory for the beleaguered worker. Iverson did nothing wrong; he deserves to be made whole. Municipal employees who run into trouble in their jobs are often suspended with pay pending the outcome of due process. Iverson did not receive that consideration but, considering the turn of events, certainly should have.
In all fairness, Iverson should not only be put back on the job, but should be compensated retroactively to May 29 and assured of no disruption in his continuity of service.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Dothan Eagle
Copyright: 2008 Media General Communications Holdings
Contact: Contacts | Dothan Eagle
Website: When minding one’s business doesn’t pay | Dothan Eagle
