Pubdate: Wed, 07 Dec 2005
Source: New Braunfels Herald-Zeitung (TX)
Copyright: 2005 Herald-Zeitung
Contact:  http://www.herald-zeitung.com/
Details: http://www.mapinc.org/media/3053
Author: Leigh Jones
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/testing.htm (Drug Test)

FIREFIGHTER GETS GRIEVANCE HEARING

Stacie Zercher has formally requested a grievance hearing before a 
panel of her peers in hopes they will reinstate her as the city's 
highest ranking female firefighter.

Zercher's attorney Matt Kyle confirmed he had submitted the request Tuesday.

He also confirmed an independent drug test Zercher took last week 
came back negative for TetraHydroCannabinol (THC), the chemical 
component of marijuana.

The drug test Zercher took Nov. 15 after a minor traffic accident in 
the city hall parking lot indicated she had 87 nanograms per 
milliliter of THC in her urine and resulted in her immediate 
termination after 18 years of employment with the city of New Braunfels.

Zercher claimed the THC entered her system after she used two brands 
of indoor tanning lotion that contained hemp, a plant similar to 
marijuana but does not contain high levels of THC.

Although the city has 20 days to respond to Zercher's request for the 
grievance hearing, interim City Manager Marcus Jahns said Tuesday he 
already had granted her wish. A date for the hearing has yet to be 
set, he said.

Jahns also told the Herald-Zeitung he had asked the Bexar County 
Medical Examiner's Office to test the tanning lotion to determine 
whether or not it could have been a factor in the positive drug test 
as Zercher has claimed.

Analysis provided by the company that makes the lotion, which has 
"THC-free" on its label, indicated its product tested negative for 
THC at a threshold of 10 parts per million, or slightly less than one nanogram.

While Kyle believes his client is not guilty of any wrongdoing, he is 
not relying on the drug test results to get Zercher's job back.

Most of the grievance hearing request letter is devoted to challenges 
to the city's mostly unwritten drug policy.

"There is a wide range for error or inequity in workplace decisions 
under the current policy," Kyle said. "I was hoping they would give 
her her job back without having to go through the hearing process, 
but now we're going to have to do the full dog-and-pony show."

As part of the hearing, Zercher is requesting reinstatement to her 
position as division chief, full restoration of benefits and 
retirement tenure, back pay from the date of her Nov. 22 termination 
and removal of the drug test results from her personnel file.

The panel that will hear her case will include Fire Chief John 
Herber, other city department heads and fire department Battalion 
Chief Steve Mabe, the employee Zercher was allowed to request to 
participate in the hearing.

Although the panel will consider Zercher's case and make a 
recommendation on her requests, the final decision still rests in Jahns' hands.
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MAP posted-by: Beth Wehrman