CITY OF MEMPHIS CIVIL SERVICE COMMISSION v. STEVEN PAYTON - Articles

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Posted by: Tanja Trezise on Nov 7, 2012

Head Comment: With concurring opinion

Court: TN Court of Appeals

Attorneys 1:

Iyona Hilliard Houston, Assistant City Attorney, Memphis, Tennessee, for the appellant, City of Memphis Civil Service Commission

Attorneys 2:

Darrell J. O’Neal, Memphis, Tennessee, for the appellee, Steven Payton

Judge(s): HIGHERS

A City of Memphis firefighter who participated in the City’s employee assistance program was terminated after his second positive drug screen. The firefighter appealed his termination to the Civil Service Commission. He argued that his drug screen results were confidential under federal law and that he had not executed a consent form to authorize the disclosure of the results to the City. The Commission overruled the firefighter’s motion to exclude the test results and upheld his termination. The chancery court reversed, finding that the drug screen results were inadmissible because the City had failed to comply with federal law. We find substantial and material evidence to support the decision of the Commission, and therefore reverse the decision of the chancery court.