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Fired Florida Officer Sues City over Disclosure
MOLLY MOORHEAD
St. Petersburg Times
ZEPHYRHILLS - A firefighter who was fired last year for violating the city's drug and alcohol policy filed a lawsuit against his former employer this week.
Shawn Baptist, a veteran lieutenant, claims city officials violated his privacy rights by telling the public and local media he had failed a drug test.
Baptist, 42, says he cannot get a job anywhere now because of the disclosure of what he calls private medical information. The lawsuit seeks monetary damages.
"If you're going to be that stupid to release stuff against federal law, you're going to have to pay for it," he said Thursday.
The suit cites several newspaper and online stories that quote fire Chief Keith Williams and City Manager Steve Spina saying Baptist had failed a drug test.
He was fired in April 2009 after submitting to a random drug test with several other city employees. Baptist says the lab that administered the test told him he failed it, and the city fired him because it was his second violation of the drug policy. But Baptist says he's never seen the lab result, and the first violation, from 2002, was not a failed test.
"There were some circumstances around that, but it was a negative drug test," he said, declining to elaborate.
The information surrounding his firing was contained in two documents, a "last chance agreement" from 2002 (which said another violation would result in his firing) and his termination papers from last year. Baptist says the 2002 document never should have been released because it contains medical information.
Spina acknowledged that the 2002 paperwork was in Baptist's private medical file. But he said it was filed there by mistake, and it should have been in his open personnel file because it's a public record.
"There was no intent to violate his privacy," Spina said. "But when you work for a public agency in a high-profile position, those things are public record."
Baptist, who is married with three children, remains head of the local firefighters' union.
And he's still trying to get his job back.
He appealed his firing and the matter went to arbitration. A decision is expected soon.
Molly Moorhead can be reached at moorhead@sptimes.com or (727) 869-6245.
Copyright 2010 Times Publishing Company
All Rights Reserved
May 7, 2010
Replies to This Discussion
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Permalink Reply by Eric Dixon on
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Take your ball and go home! ZERO TOLERANCE!!!!!!!
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Permalink Reply by Station10Capt106 on
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I'll second that amen! stoner strapped to the stretcher is ok, but not sitting next to me working.
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Permalink Reply by Olivia Jones on
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Things like this really burn my butt. He got caught on a UA, he's not even trying to say he didnt, he wants his job back on a technicality?? WTF? Weather they told people or didnt, it was filed wrong or not, doent change the fact you are not fit for duty due to a drug/party issue. DEAL
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Permalink Reply by Wayne Peterson on
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I agree, don't want a stoner working with me, we all joke about it, but in reality "NO". Sounds like just another "not my fault"
Be safe!
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Permalink Reply by Paul Montpetit on
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Sorry BUBBA...you work for the public and your record is public....That's why its called DOPE.......If you have the job and do it then there is 2 cases of DOPE.......I agree ZERO TOLERANCE......Don't need you .....
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Permalink Reply by Roy Walker on
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Not the kind of thing I'd want on my mind when you're supposed to have my back. I want to know that your capable of clear thinking when things go south.
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Damn Roy...I have to agree with you again....we have got to stop agreeing....people will start to talk.....LOL....Stay safe........Paul
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Permalink Reply by FETC on
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Wait for the entire story... Just curious how many here know the % of false positives are...
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But he didn't deny it....he just complained that it was confidential.......makes you wonder doesn't it....?
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He is the union president.... like I said what for the entire story. It doesn't mention false positive or not, the circumsatnces surrounding the first test, even re-tests, or offering or requesting assistance. Plenty of issues to deal with before going straight to the axe.
Maybe you guys are right, never mentions he denied the issue. So then it is about whether the violated HIPPA or not.
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Wait for the entire story... Just curious how many here know the % of false positives are...
I spent 20 years in the NAVY, in big organizations (300+personnel) we had randoms monthly and full sweeps at least once a year. I never heard of any false positives. This guy has allegedly had two, the Zephyr Hills F.D. isn't a very big organization, what are the odds? As for a conspiracy, out to get him because he's the union president is a stretch at best, Maybe their lab there is incompetent but, I'm thinking he would be sueing the lab if that were the case. He's sueing the citizens of Zephyr Hills instead, the people he was paid to protect.
E
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Permalink Reply by Oldman on
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False positives are possible depending on the lab doing the tests. For example; Ibuprofen can give a false positive for cannabis, and Sudafed can result in a false positive for cocaine. However if I interpret the story correctly, his claim is for a privacy violation because of "medical information" contained in the released documents, not because he failed the test.
"There were some circumstances around that, but it was a negative drug test," One would almost have to read this as there was some other evidence of drug/alcohol use which brought on the first disciplinary action in 2002, so there might be a history. Of course I haven't seen any of the online stories or articles, but I'm pretty sure there is a lot more to this story than what is being told here.
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