Arrest Nets County Employee One-Week Suspension

— Wayne Leroy Lowe, the Benton County Road Department employee arrested Friday in Fayetteville in connection with driving while intoxicated, will be suspended for a week without pay, but will keep his job with the county, officials said Monday.

Lowe, 46, was taken to the Washington County Jail early Friday on charges of DWI, driving left of center, no insurance, littering and careless driving. Lowe is the fourth Road Department employee to be arrested since July 30.

Fayetteville police stopped a vehicle on Drake Street at 1:22 a.m. Friday after an officer stopped the driver for driving left of center and discarding a cigarette out of the window, according to a police report. The officer spoke with the driver — Lowe — and immediately smelled the odor of alcohol coming from Lowe. The officer also noticed Lowe’s eyes were red and bloodshot.

Lowe, a paving foreman, was given a field sobriety test where he swayed almost to the point of falling into the officer, according to the police report. Lowe had to be assisted to the patrol car where he was arrested and taken to jail. He was given a breath test and the result was 0.14. The state legal limit is 0.08. Lowe was released from jail on a $1,365 bond.

The county vehicle was left at a parking lot of the gasoline station at the intersection of Garland and Drake Streets at Lowe’s request, according to the police report.

Barb Ludwig, county human resources director, said Lowe will be suspended for one week without pay, will have his county vehicle taken away from him, will be required to complete a drug and alcohol abuse program and will then be subject to drug and alcohol screenings for a year. Lowe violated the county’s ethics and conduct policy in at least two areas, Ludwig said. County employees are prohibited from using “county funds, supplies, equipment, or facilities for purposes other than to conduct county business.” Ludwig said Lowe’s use of the county vehicle when he was arrested violated that section of the code. His arrest for driving while intoxicated violated a section that says “County employees shall exercise care and emphasize safety in the use of county property and equipment.”

County Judge Bob Clinard said he chose to give Lowe a second chance, based at least in part of his clean record prior to Friday’s arrest.

“It’s a tough decision,” Clinard said. “It’s a tough decision because in any case you’re going to have people who are going to be out there looking for harsh punishment. I just think sometimes people make mistakes. This is the first time he’s ever had any issues, the first time he’s made a mistake. I believe people should get a second chance in some conditions. The courts will deal with his issue as well. We don’t know what will happen there.

“In any case like this there’s a human side and then there’s the employer’s side, the county’s side. In this one issue, I’m going to take the human side. I’m going to give this guy a second chance. That was not the only option that was discussed and this was not a decision we made lightly.”

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