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City fails to prove urine sample arrived at lab with seal intact

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The Indiana Court of Appeals affirmed the finding that a city of Gary employee was discharged but not for just cause. The judges pointed to incomplete paperwork regarding an on-site screen custody form.

Guadalupe Franco, an electro-mechanic for the city of Gary’s Sanitary District, was injured on the job and received treatment at Comprehensive Care. While there, he received an injection for pain and provided a urine sample for drug testing. The on-site screening custody form contains instructions and files to be completed in six steps – with the sixth step completed by MedTox, where the urine sample was sent for further testing after it came back “non-negative” for cocaine metabolite.

The sample was tested at MedTox, which also received a positive result for cocaine. But MedTox did not complete the sixth step on the form which provided a field for the date and a signature from the lab; the lab did, however, generate a report that contained matching numbers as found on the custody form, listed the tests required and identified the sample as Franco’s.

The city fired Franco and he sought unemployment benefits. He disputed the drug test results, claiming he never took the drug and has never had a positive drug test during the time he worked for the city. The administrative law judge ruled in favor of Franco and the Review Board of the Indiana Department of Workforce Development affirmed 2-1.

“Given the fact that relevant fields of steps five and six were not completed, the importance of these steps in the chain of custody, and the serious consequence for an employee of a positive drug test result, we decline to infer, from the fact that test results identifying Franco were sent by MedTox to Comprehensive Care, that the seal must have been intact and that the City met its burden with respect to the chain of custody,” Judge Elaine Brown wrote in City of Gary v. Review Board of the Indiana Department of Workforce Development and Guadalupe T. Franco, 93A02-1312-EX-1016. “This does not have the effect of imposing an impossible burden on the City as it could have produced a copy of the custody form with the relevant fields completed or the testimony or an affidavit of the persons who received, checked the seal of, and tested Franco’s sample. The City bore the initial burden of establishing that Franco was terminated for just cause.”

“The deputy, the ALJ, and the Board concluded sufficient information had not been provided to sustain the City’s burden of proof or to show the chain of custody was reliable. There is sufficient evidence to support the Board’s findings and sufficient facts to support its decision, and we cannot say the Board’s conclusion is unreasonable.”

 

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

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  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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