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State worker gets job back

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A state employee will go back to work after he was fired for smoking marijuana while off-duty.

According to a termination letter, Ed Davis, of Lawrenceburg, was fired in May 2009 from his job with the Kentucky Department of Fish and Wildlife Resources. He delivered fish by truck throughout the state.

The Personnel Board upheld the decision of a hearing officer to reduce the punishment to a 30-day suspension.

The letter says Davis was fired because he admitted to smoking marijuana and tested positive on a drug screen. As a result, Davis was not qualified to maintain his commercial driver’s license – a key requirement for his job, according to a government lawyer.

Davis will go back to work and be awarded back pay if he is able to pass a drug test and refrain from drug use in the future, said Mark Sipek, executive director of the Personnel Board.

Also, because it was unclear if Davis’ CDL was ever suspended or revoked, Sipek said the Department of Fish and Wildlife must inform the board if Davis is still qualified to perform his job.

Davis admitted he smoked marijuana while fishing at Green River Lake in Adair County in March 2009. Gatewood Galbraith, a frequent candidate for public office, represented Davis in his criminal case and at the Personnel Board.

Galbraith represented Davis in his criminal case in Adair County in which Davis pleaded guilty and received a fine for possessing marijuana and drug paraphernalia.

“The facts of the matter are open and shut,” Galbraith told the Personnel Board Friday. 

However, the hearing officer found there was no evidence Davis had ever worked while under the influence and had not violated any workplace policies.

“The citation … took place off duty, in a non-work location and … did not at that time relate to the appellant’s ability to perform his job requirements,” according to the recommended order.

Catherine York, attorney for the fish and wildlife department, said normally the agency wouldn’t intervene with a non-work related violation. However, the conduct of Davis interfered with his ability to perform his job duties, she said.

A positive drug screen means a CDL holder can’t perform any “safety sensitive” work, which includes driving a truck, York said. Therefore, he was unable to perform his job duties and was terminated, she said.