Wednesday, 06 August 2014 05:42

The Honorable Judge Phil Patton handed down his judgment and order yesterday in the case of Roger Hampton vs. City of Glasgow, Glasgow City Council and the Glasgow Fire Department.  In 2012 Hampton was a sergeant with the Glasgow Fire Department when he was injured on the job on a Friday afternoon.  While off duty the following day, Saturday, Hampton took a Valium in which he had a valid prescription.  Back at work on Monday, Hampton took the post accident drug screen which did show a trace of the prescribed valium.  Since valium was a prescribed medication, the lab considered it a “negative” test.

The City Council held a hearing in reference to Hampton, and brought six charges against him.  Hampton called into question counts four and five, both having to do with the City’s drug policy, as they appeared to be the same violation with different punishments.  Hampton appealed the Council’s decision, and the Barren County Circuit Court agreed that Counts five and six were virtually the same.  The case was sent back to the Council and they dismissed count five, and upheld count six with the punishment of termination.

Hampton again appealed the Council’s decision.


The Order and Judgment addresses the issues with the wording of the City’s Drug Policy, which was what Hampton’s termination was based upon.  “The City’s Drug Policy provides no definition of “alters” nor does it define “mental or physical ability”.  The policy is subjective.  It is only when the employee after consultation with their physician learns that the medication will interfere with safe performance that it becomes necessary to report the prescription.”

Hampton did consult with his doctor on the valium.


The final judgment and order reads that “the actions of the Glasgow City Council terminating the employment of Hampton are hereby set aside as arbitrary and the City is hereby ordered to reinstate Hampton as of May 3, 2012 with payment of all back wages and benefits including but not limited to retirement, sick pay and vacation, with however a credit for any sums received by Hampton for workers compensation and unemployment.


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