A Little Rock circuit court judge erred in finding the city acted too harshly in firing a firefighter who tested positive for methamphetamine, the Arkansas Court of Appeals said Wednesday.
A three-judge appeals court panel overturned 6th Judicial Circuit Judge Chris Piazza's order to reinstate the firefighter, Chris Muncy, who has repeatedly denied using meth since he was fired in 2014.
But two city tests, as well as independent results sought by Muncy, came back positive, according to court records.
Muncy's attorney, Robert Newcomb, did not question the test results when reached by a reporter Wednesday, or offer another explanation. But he said that doesn't prove his client was a drug abuser.
"He didn't knowingly take it," Newcomb said. "He did not show any signs of using it."
Muncy, who has worked as a construction worker during his appeal, will ask the court for a reconsideration, Newcomb said. If unsuccessful, he said, they will appeal to the Arkansas Supreme Court.
Piazza, the circuit judge who sided with Muncy, determined that Muncy was in violation of the city's "zero strike" drug policy for employees.
But the judge, who heard testimony about Muncy's record of good service from his former colleagues, ruled in 2016 that the policy was too harsh in Muncy's case.
Piazza modified the punishment to a 30-day suspension and a demotion from the rank of engineer to the rank of firefighter. The rank of engineer qualifies a firefighter to drive the firetruck. The city appealed the decision.
Court of Appeals Judge Phillip Whiteaker wrote in an opinion Wednesday that Piazza's decision was mistaken.
"The LRFD has the authority to govern and regulate its employees," Whiteaker wrote. "The LRFD provided legitimate public-policy reasons behind its zero-tolerance policy on drug usage and the necessity for consistency in the application of that policy."
The city of Little Rock did not respond to a request for comment on the case Wednesday. The president of the city's local firefighters union could not be reached.
According to court records, Muncy had served in the Navy and worked as a commercial diver and EMT before joining the Fire Department in 2000. He tested positive for meth during a random drug screening in 2014.
"I was shocked ... I would have never thought that his name would have come across my desk," Little Rock Fire Chief Greg Summers testified, according to court records.
Muncy's attorney defended Piazza's lower court ruling, suggesting that the Little Rock judge had more experience with drug cases than the judges on the Court of Appeals.
"He's not someone who is not cognizant of the drug abuses and problems," Newcomb said.
In court filings, he noted that Muncy later took a court-ordered drug test and passed.
Newcomb said he regularly represents firefighters and police officers, as well as their respective unions, in legal matters.
In his decision, Piazza also ordered the city to reimburse Muncy $44,376 in back pay. Muncy filed a cross-appeal, asking to be paid attorney's fees as well.
The court of appeals said Muncy's cross-appeal was moot because his termination was upheld.
Metro on 08/31/2017