Pubdate: Thu, 15 Feb 2007 Source: Honolulu Advertiser (HI) Copyright: 2007 The Honolulu Advertiser, a division of Gannett Co. Inc. Contact: http://www.honoluluadvertiser.com/ Details: http://www.mapinc.org/media/195 Author: Beverly Creamer, Rod Ohira TEACHER'S DRUG BUST RENEWS CALL FOR TESTS The arrest yesterday of a Ka'elepulu Elementary School resource teacher on drug charges is giving new attention to a proposal in the Legislature that would impose random drug-testing on public school teachers. When Bronwyn Kugle was taken into custody Tuesday and charged with conspiracy to distribute drugs, she became the fourth teacher in four months arrested on drug-related charges. "I believe the public, especially parents, want more assurance their children are in an environment that's safe," said Sen. Norman Sakamoto, D-15th (Waimalu, Airport, Salt Lake) who has introduced a bill that would require random drug-testing of public school employees, teachers and public library employees, as well as requiring the state Department of Education to adopt rules to determine sanctions for positive drug tests. It also would establish an employee assistance program to provide assessment, treatment and counseling. "I'm not implying they're not in a safe environment, but random drug-testing would be one measure to raise the level of confidence in the public that drug problems are either minimal or nonexistent in our public schools," Sakamoto said yesterday. The bill, SB1139, and separate negotiations between the state Department of Education and the teachers union on allowing drug testing were born out of a case last year of a public teacher who pleaded guilty to dealing "ice." Kugle, 38, of Ulumawao Street in Kailua, and Jesse Lee Badillo, 28, a self-employed photographer from Wahiawa, were charged yesterday with conspiring to distribute and to possess with intent to distribute 2.2 pounds of cocaine and 990 tablets of MDMA, or Ecstasy. The street value of the cocaine is estimated at $100,000, while Ecstasy sells for $15 to $21 per tablet, according to federal task force investigators. $63,000 LOANED According to an affidavit filed by Honolulu police Detective Joyce Alapa, Kugle loaned a total of $63,000 since September 2006 to Badillo so he could purchase drugs in California for sale here, the affidavit said. "Badillo was supposed to be investing this money for her for a substantial return," Alapa wrote. The affidavit stated Badillo was aware that Kugle "had access to substantial amounts of money which she could lend him to acquire drugs and Badillo could then pay Kugle back with the drug sale profits." The affidavit does not identify the source of Kugle's money. Authorities yesterday said Kugle was arrested Tuesday after accepting and opening a UPS box shipped from Fullerton, Calif., that had been intercepted Monday by officials in Honolulu. Investigators had substituted fake drugs for the cocaine and Ecstasy, which were hidden inside a gift-wrapped toaster oven, and had put in an electronic device that alerted them once the box was opened. The shipment to Kugle's home Tuesday was the third since last September from Badillo, officials said. Kugle told investigators that she is "a multigram user of cocaine; however, she did not consider cocaine to be her problem. Kugle also used crystal methamphetamine, which she said has screwed up her life, and she is in constant battle with the use of ice." Investigators recovered an unregistered and loaded snub-nosed .38-caliber revolver, drug paraphernalia and the title to Badillo's Mercedes automobile in a warrant search of Kugle's home. Badillo was arrested outside his home Tuesday at 10 p.m. Investigators allegedly found Badillo carrying 70 to 80 Ecstasy tablets and discovered 200 more tablets in the glove compartment of his car. A warrant search of his residence allegedly turned up one-quarter gram of cocaine and marijuana in a dresser, and a box containing 35 rounds of .357-caliber Magnum hollow-point ammunition. If convicted on the cocaine charge, the pair must serve a mandatory sentence of five to 40 years in jail. The Ecstasy charge carries a maximum sentence of 20 years. Kugle and Badillo are being held without bail at the Federal Detention Center. Federal Magistrate Judge Kevin S.C. Chang yesterday set their detention hearing for Tuesday. In October, Leilehua High School teacher Lee Anzai was arrested on charges of selling crystal methamphetamine. In December, two Mililani Middle School teachers -- Lisa Luhrsen and Benjamin Ayson - -- were arrested for allegedly smoking marijuana before they showed up for work on a Monday morning. Anzai pleaded guilty to one count of selling crystal methamphetamine in December. He was allowed to enter a drug rehabilitation program in advance of his June 4 sentencing. 6 1/2 YEARS WITH DOE Kugle is a resource teacher for grades 2 through 6 at the Enchanted Lake school, meaning she assists classroom teachers with lessons and works individually with students. She is not a classroom teacher with responsibility for her own homeroom students. Kugle has been at Ka'elepulu for five years and with the DOE for 6 1/2, said DOE spokesman Greg Knudsen. Her arrest was Tuesday night and did not occur at any school situation. "As far as we know, there's no direct connection with anything at school, or overlapping with any responsibilities at the school," Knudsen said. Kugle is on leave without pay, he said. NEGOTIATING NEW RULES Meanwhile, Knudsen said, DOE and the teachers union are negotiating rules that would allow the testing of teachers in cases where cause could be established. Currently there is no compulsory drug testing of new DOE hires and no random drug screening of teachers. But there is generalized agreement, said Knudsen, to attach a "drug-testing for cause" agreement to the new collective bargaining contract now being negotiated between the Hawai'i State Teachers Association and the DOE, covering around 13,000 teachers. A new contract would be scheduled to take effect July 1. Knudsen said the department already has similar agreements -- testing for cause -- with both the Hawai'i Government Employees Association, which represents principals, and the United Public Workers union which represent some school staff. "If we suspect drug use, then there will have to be certain criteria met in order to justify drug testing," Knudsen said. The negotiations for such an agreement have been spurred by recent events, including three drug-related arrests of teachers over the past year. DOE OPPOSES BILL The DOE has opposed a measure now moving through the Legislature that would require random drug testing of teachers, public school employees and public library employees. Sakamoto said any kind of measure agreed on -- either through legislation or something in the collective bargaining contract -- would require personnel in the schools to be trained to spot someone suspected of drug use. Training generally costs about $35 per person, he said, and the drug test itself costs $35 to $45. "I'm not wedded to a bill versus collective bargaining," Sakamoto said. "What I am wedded to is how do we increase the confidence that there are mechanisms in place to eliminate drug use in the people we should trust in our schools?" Ed Kubo, U.S. attorney for Hawai'i, said the arrests of Anzai and Kugle are not a reflection of the "overwhelming number of educators in our state who work so hard to ensure our children are educated .. and I'm sure they also detest the criminal conduct of a few." - --- MAP posted-by: Elaine