Drug-test veto stays intact after 4-5 vote

The Lafourche Parish Council last week failed to override Parish President Charlotte Randolph’s veto of an ordinance imposing random drug testing on council members and all parish government employees.

The council approved the drug-testing proposal by a 5-4 margin in early December, but Randolph vetoed the measure, saying it was unconstitutional.

Councilman Lindel Toups, who introduced the original measure, sought to override the veto at last Tuesday’s council meeting.

The override, which requires six favorable votes, failed 4-5 with councilmen Toups, Daniel Lorraine, Rodney Doucet and Matt Matherne voting in favor of the motion.

Some confusion arose during the meeting about the consequences of the ordinance, if it were to pass.

During the meeting, Randolph said the ordinance would not affect parish government because nearly all parish employees are already eligible for random drug testing.

The parish spends nearly $5,000 a year on drug testing for employees, she said.

Lorraine asked Randolph to supply the council with a list of employees who have been randomly drug tested in past years, which she declined.

Randolph’s announcement was the first time many council members learned parish workers were being drug tested. Toups and other council members said they could have put the drug-test issue to rest last year had they been aware earlier.

“This could’ve all been avoided,” Toups said. “I’d have been satisfied if (Randolph) told me two months ago they drug test.”

Councilman Joe Fertitta, who opposed the drug-testing proposal, said that testing elected officials for the presence of illegal substances is unconstitutional, according to state law.

“There was a state law for public officials and other people to be drug tested and it was repealed because it was found unconstitutional,” he contended.

Randolph agreed, saying voluntary drug-test results are not released by screening companies. Even if councilmen failed the tests, the public would not know whether they were using an illegal substance.

As a show of trust, some council members said they plan to personally pay for drug tests in coming months and will provide copies of the results to the public.

“Lead by example,” said Councilman Louis Richard. “I’ll be the first person to go get drug tested and pay for my own. I’ll go tomorrow.”

Toups and Phillip Gouaux said they would do the same within a month.

The drug-testing proposal, which included testing of Lafourche Parish teachers, has drawn fire from civil liberties proponents who branded it unconstitutional.

The council did approve a resolution formally asking state lawmakers to require drug testing for anyone receiving support from government programs – including welfare recipients.

Council members Jerry Jones, Fertitta and Richard voted against the measure.

Toups, who owns a grocery store in Gheens, was vigorous in defense of the resolution.

“You got people on SSI. You got them on crazy checks. They come to my store, and I’m tired of it,” he said. “Let’s get the bums off of the payroll.”