Drug-testing law headed back to council

The Lafourche Parish Council needs six votes to overturn Parish President Charlotte Randolph’s veto of the random drug-testing ordinance for the parish administration and councilmen.

Randolph has the right to veto any ordinance that she deems is detrimental to the daily workings of the parish government.

Randolph cited her reason for overturning the ordinance, which the council approved in late December. She said the new measure is the same as it was when the council passed the ordinance weeks ago.

“I was against it at the council meeting,” she said. “They basically sent down the information to council members that was cited in an opinion from our personnel attorneys (Fisher and Phillips law firm).”

Parish lawyers said that since the parish government is a public employer, there were certain constitutional and statutory constraints placed upon drug-testing employees.

For the ordinance to be legal, the parish has to review each job sector to determine whether the employee’s duties permit a drug test.

“All parish employees have to pass a drug screening upon hire, its part of the employment process,” Randolph said. “However, once employees are hired the parish’s random drug policy is more random than it should be.”

Randolph is proposing that the council limit their drug-testing ordinance to exactly what the constitution says.

“The parish should drug test when there is suspension of drug use or if the particular person operates heavy machinery,” she said.

At the Jan. 13 meeting, the council can only override Randolph’s veto with six “yes” votes. Several councilmen have already decided which way they are voting. If the meeting were today, the vote would be 3-1-1 for the override.

Councilman Lindel Toups, the ordinance’s author, said he is voting for an override.

“Are we holding ourselves above the people that work in the barns and the field,” he said. “They have to be randomly drug-tested and so should we if we have nothing to hide.”

Councilmen Matt Matherne and Rodney Doucet are both willing to support the override.

“I feel that Mrs. Randolph could have work more with the council to come up with a solution,” Matherne said. “She feels that we are breaking the law. If that’s the case then let the district attorney tells us what we have to do to correct it and amend it to make it legal.”

Councilman Louis Richard, a no voter, said he is happy with Randolph’s decision.

“The other councilmen are trying to pass something that was always illegal,” he said.

Councilman Philip Gouaux is undecided.

“At this point, I would like a legal opinion from Mr. Morvant before I make my decision,” he said. “If he says it’s illegal then the override is mute. But, if it’s not illegal then I don’t have a problem with being drug tested.”

Councilmen Daniel Lorraine, Joe Fertitta, Jerry Jones and Michael Delatte were unavailable for comment as of press time.