Cleveland City Council to consider revised drug policies after officer fired for drug use

Officer took his son's pain medicine for kidney stone

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photo Steve Tyson

CLEVELAND, Tenn. -- Members of the Cleveland City Council want changes - and answers - pertaining to the city's drug policy and related disciplinary procedures within the Cleveland Police Department that resulted in the firing of a 27­-year veteran of the force in mid-­August.

On Monday, Councilmen Dale Hughes and Richard Banks expressed dismay regarding the process that resulted in the termination of Lt. Steve Tyson in mid-­August when he failed a random drug test after taking pain medication belonging to his son for a kidney stone.

Tyson was rehired in late August after the Cleveland City Council voted 6­-0 to allow him to return to work if he agreed to not pursue legal action against the city.

"I think the system is flawed and really needs an overhaul," said Hughes, who questioned why an employee of the public works department did not receive similar treatment after he was allegedly under the influence of marijuana while operating a city vehicle.

In prior discussions regarding the city's drug policies, City Manager Janice Casteel and Police Chief David Bishop explained that first-responder personnel are subject to stricter drug policies.

"We need to take a long look and make sure we don't make the same mistake with a guy who has an impeccable record," said Hughes, who has criticized Bishop for not meeting with Tyson face-to­-face in the lead­up to his termination.

Banks reiterated a request made previously to obtain all documentation regarding Tyson's dismissal, including meeting records, emails, texts and phone call notes.

"This is, in my opinion, one of the most important issues the Council is facing," said Banks. "It goes to the very heart of the city."

According to the City Charter, the ability to hire and fire resides with the city manager and does not appear to be a power that can be delegated, he said.

A thick notebook detailing meetings involving internal investigations has been compiled and will be issued digitally to the Cleveland City Council according to Banks' request, said Casteel.

However, providing documentation regarding emails, texts and phone calls is problematic at the moment, she said.

"I don't normally take notes on my phone calls, as they are not normally subject to inquiry," said Casteel.

The city's information technology department has also been busy addressing email system changes and has not had a chance to compile email correspondence on the matter, Casteel said.

It should only take 15 minutes to round up the emails and texts, said Banks.

In related business, the Cleveland City Council is reviewing proposed changes to drug policies and related disciplinary actions for the city and the police department.

The alterations of police department policy "should allow for consideration of mitigating factors even when there are multiple Class A violations," said Bishop in a letter sent to Casteel on Sept. 12.

Paul Leach is based in Cleveland. Email him at paul.leach.press@gmail.com.

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