Respondent failed toxicology testing in 2004, testing positive for marijuana.  Respondent plead guilty to the charge upon trial in 2005.  He also tested positive for marijuana in 2002, pleading guilty in 2004.  He went on a “last change agreement” where he was randomly drug tested for two years, where if he tested positive during this time he would’ve been fired.  He successfully completed this program.

          Three months later, after the program ended Respondent used marijuana.  Stating he used marijuana because of multiple stresses and anxieties in his own personal life.  Respondent has spent nearly 20 years as a sanitation worker.  He only needed two more months of service until he could put in the paperwork to then retire after two months terminal leave. 

          Respondent had not participated in any counseling, rehabilitation programs or the employee assistance program.  Petitioner sought termination and Respondent asked for a lesser charge then termination. 

          Counsels agreed that if Respondent were terminated prior to a full twenty years as a Sanitation Worker, Respondent would not get his full pension.  The court agreed that this would be “unduly harsh given the imminence of retirement.  Therefore I am constrained to recommend that respondent be terminated, I also recommend that the imposition of termination be stayed so that respondent is able to retire after completing twenty years of service.  If respondent does not avail himself of the opportunity to retire, termination should be imposed.” 


Department of Sanitation v. Parry