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�F E B 3 1993 ®om 88 PnE 744
<br />"16. Drinking intoxicating liquor while on duty or habitual use or abuse of
<br />controlled dangerous substances; or reporting for work while obviously
<br />under the influence of alcohol or drugs."
<br />In considering the information presented at the October 21, 1992 and October 27,
<br />1992 appeal meetings, in my opinion the primary determination revolves around
<br />the allegation of the use of an illegal drug, marijuana, by a public safety
<br />supervisor.
<br />At the. appeal meetings, Pat Callahan indicated she initiated her review as a
<br />result of a letter dated September 12, 1992 signed by a number: of lifeguards.
<br />The primary thrust of the letter, meetings with the lifeguards on September 16,
<br />1992, and individual letters from lifeguards received on September 16, 1992,
<br />were allegations relating to another lifeguard, Chad Summerlin. The letter from
<br />Lifeguard John D. Frazier, Jr. alleges use of marijuana by Chad Summerlin and
<br />Jon Hallquist while on duty September 12, 1992. On September 16, 1992, Chad
<br />Summerlin resigned. At that time, Pat Callahan indicated that Summerlin stated
<br />that "Captain Jon" smoked his pot in the tower on September 12, 1992. Pat
<br />Callahan stated that she met with Jon Hallquist on September 16, 1992. Pat
<br />Callahan stated that at that meeting, Jon Hallquist told her that he used natural
<br />drugs, had a long past of drug use and his drug use impaired his supervisory
<br />capacity. Personnel Director Jack Price stated that at a meeting on September
<br />17, 1992 with Pat Callahan and Jon Hallquist, that Hallquist admitted to Price's
<br />satisfaction that he had a drug problem.
<br />At the October 21, 1992 appeal meeting, in response to the preceding, Jon
<br />Hallquist stated that Pat Callahan did not understand what he had said. He
<br />stated that he did not use drugs and that he did not use drugs on the job. He
<br />indicated that he had used drugs a long time ago and that he was recently
<br />depressed because of personal problems, not because of the -use of drugs. He
<br />indicated that he felt the allegations from the lifeguards were in response to his
<br />strict supervisory practices. A copy of a September 21, 1992 Doctors Clinic
<br />drug screen was- submitted as evidence that Mr. Hallquist was free of any illegal
<br />narcotic or controlled substances as of September 21, 1992.
<br />Following the preceding, I asked Jon Haliquist if he had used drugs since he
<br />has been employed by the County. He stated that he used marijuana several
<br />months ago, but did not use marijuana while on duty. I asked him if he was
<br />aware that marijuana was an illegal drug and he replied "Yes". At a later point
<br />in the appeal meeting, Jon Hallquist stated that he had only used marijuana once
<br />in the last year. When asked when that was, he stated New Years. I asked
<br />why he had earlier in the meeting stated to me that he had used marijuana
<br />several months ago. He replied that he had used marijuana this summer and on
<br />New Years.
<br />At the end of the October 27, 1992 appeal meeting, I advised that I would make
<br />my decision and provide it in writing by no later than October 30, 1992.
<br />After the conclusion of the October 27, 1992 appeal meeting, you gave Deputy
<br />County Attorney Will Collins and me a copy of a document that you received from
<br />your client, Jon Hallquist, after the appeal meeting. The document is
<br />purportedly a statement dated October 22, 1992 from Chad Summerlin indicating —
<br />that he never made any accusations or comments to Pat Callahan regarding
<br />Captain Hallquist smoking pot. Will Collins and I advised you that if you and
<br />your client wanted to bring Summerlin in as a witness, another appeal meeting
<br />would be scheduled. To date, no response has been received.
<br />In my opinion, the Information presented by Pat Callahan at the appeal meetings
<br />regarding statements made to her by Chad Summerlin and Jon Hallquist
<br />regarding drug use are credible. I am of the same opinion with respect to the
<br />statements by Jack Price concerning his meeting with Jon Hallquist. In my
<br />almost four years' working relationship with both, I have had no reason to doubt
<br />nor -do I question their sincerity and honesty. By the same token, I seriously
<br />doubt that they misunderstood Mr. Hallquist's comments to them. In the setting
<br />of an administrative -appeal hearing, I am of the opinion that their statements
<br />alone, taken within the context of the total information presented, is sufficient
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