Pubdate: Wed, 09 Mar 2005
Source: Post and Courier, The (Charleston, SC)
Copyright: 2005 Evening Post Publishing Co.
Contact:  http://www.charleston.net/
Details: http://www.mapinc.org/media/567
Author: David Slade
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Bookmark: http://www.mapinc.org/testing.htm (Drug Test)

CITY COUNCIL WANTS DRUG TESTS FOR ITS MEMBERS

Officials Say They Should Be Held To Same Standard As City Employees

Charleston City Councilman Kwadjo Campbell arrived at the first City 
Council meeting since being charged with marijuana possession just as 
Councilman Paul Tinkler proposed that council members be subjected to drug 
testing.

Tinkler said members of City Council should be held to the same standard as 
city employees, who can be tested for drugs upon reasonable suspicion of 
illegal drug use.

"If you play for the South Carolina Gamecocks and you test positive for 
marijuana, you can be kicked off the team," he said, drawing another 
contrast with City Council rules.

Campbell did not object to Tinkler's drug-testing plan and joined him in 
voting for the idea, but later called Tinkler "a pawn of the mayor."

Tinkler previously had said he supports Mayor Joe Riley's call for Campbell 
to resign while awaiting trial on charges stemming from two separate 
arrests last month.

Campbell, 33, was charged with second-offense marijuana possession in 
Charleston on Feb. 24, after he was stopped while riding in a car that had 
been reported stolen. Campbell's female companion, a 24-year-old college 
student, told police that a marijuana "blunt" found in the car was the 
councilman's, according to a police report.

The owner of the car later said he had mistakenly reported it stolen. 
Campbell, who pleaded guilty to marijuana possession in 1996 and served a 
probationary term, awaits trial on the misdemeanor possession charge.

Just days before his arrest in Charleston, Campbell was charged with 
driving with a suspended license and giving false information to police in 
Summerville, after he was pulled over for driving a car with a broken tail 
light.

Several residents of Campbell's East Side district spoke in his defense at 
the council meeting Tuesday night.

"The charges against Kwadjo Campbell are just that, charges," said Jackie 
Cord, who asked Riley to stay out of the issue and leave it in the hands of 
the courts, and ultimately the voters.

Some council members questioned Tinkler's drug-testing idea, and his 
motives, while Campbell listened silently.

"I wish someone would really tell me the reason for it," said Councilman 
James Lewis. "I'd sure like to see what the legality of this is all about."

The legal issue is that, under the Charleston City Code, members of City 
Council forfeit their seats if they are convicted of a crime involving 
moral turpitude. Riley has urged the council to eject Campbell if he is 
convicted of marijuana possession, but South Carolina courts have ruled 
that simple possession of marijuana is not a crime involving moral turpitude.

Councilman Robert George suggested that Tinkler was attempting to redefine 
moral turpitude, as it applies to council members."To me, moral turpitude 
is cheating on your wife, or misrepresenting how you live," George said. 
"If we open that issue up, we'll be opening up a big bag of worms."

Council ended up voting 11-1 to direct the city's legal staff to examine 
the legality of applying drug-testing rules to members of council. The 
motion also called for the staff to see if other elective bodies require 
such testing in South Carolina.

Lewis cast the only vote against the measure.

Later, outside the Reuben Greenberg Municipal Building, Campbell said that 
if drug testing were to be instituted for council members, and were he 
asked to take one, he "would gladly take the test."

He said he was gratified by the people who spoke in his defense at the 
council meeting and has been hearing an outpouring of support from 
constituents all week.

Tinkler insisted his drug-testing measure wasn't aimed at Campbell.

"I'll concede that it's a timely topic," he said. "It's aimed at addressing 
the fact that City Council members are exempt from rules we require city 
employees to follow."
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MAP posted-by: Beth