Sheriff resists drug-testing policy

By Pat Hammert/The Mustang News

Canadian County Commissioners on Monday pressured Sheriff Lewis Hawkins to conform to a county drug testing policy but backed off after consulting with the liability insurance carrier.

The policy adopted more than a year ago requires a drug test before hiring, randomly testing employees and scheduling periodic drug testing.

An employee can also be required to undergo testing if there is “reasonable suspicion” that he or she is under the influence of drugs. The policy was written with advice from the county’s self-insurance group administered by the Association of County Commissioners.

Hawkins has balked at the random and periodic testing policy requirement. He said an insurance company does not have the right to interfere in the way he operates his department.

“I’m not going to be dictated to by an insurance company. By law, I hire and I fire and I set the standards for my office. I will always comply with state and federal statutes, but I don’t buy off on the insurance company’s policy,” he said.

Hawkins said sheriff’s department personnel are aware they are subject to drug testing if he has reason to suspect they are using on the job. His policy is “zero tolerance,” he said. He has not required any drug testing in the past year including new hires.

But on Monday, during a county officers’ meeting, he agreed to adhere to the policy requirement to have prospective employees tested prior to employment.

Hawkins said a county employee warned him the insurance company would cancel the sheriff’s department liability insurance unless he followed the drug testing policy to the letter.

He said neither commissioners nor an insurance company “is going to force this down my throat. A person either stands or dies on their principles.”

Hawkins claims when the policy was adopted just over a year ago the random and periodic testing clause left it to the discretion of the department head. Both Court Clerk Dee Ray and County Clerk Phyllis Blair agreed.

In the end after a meeting with ACCO officials, two words were changed in the county drug testing policy. “Shall” — which indicates a mandated requirement — was changed to “may”— which gives the county officer the discretion to randomly test  or schedule periodic test  days.

“There’s been some confusion and we all need to get on the same track so that nobody feels discriminated against,” Carson said.

Both Carson and Commissioner Don Young said they would continue random drug testing of the employees in their district.

“His (Hawkins’) employees aren’t any better than mine,” Young said. “And his need it... especially because they are carrying guns and driving cars at high speeds.” Carson said random testing is “the biggest tool we have to prevent drug abuse.”

Insurance also requires the county provide help for those who fail the test, including a post-drug counseling test.

“I don’t do that,” Hawkins said.  “A person who breaks faith with me knows what happens. There are no repeats with me.”

However, Hawkins has agreed to an appeals process for the employee who admitted to drug abuse, Carson said.

A Republican from Yukon, Hawkins is running for his fifth term as county sheriff against opponent Republican Lamont Bo Bulhuis of El Reno. The office will be decided in the July 27 primary election.

Young, a Mustang Republican, is also seeking re-election and the three-way race could be decided in the primary, if a runoff is not necessary. His opponents are county employee Theresa Ramsey of El Reno and former commissioner Monty Keely of Mustang, both Republicans.

Board buries dirt mining plans

By Fawn Porter/The Mustang News

The last words spoken at Tuesday night’s board of adjustments’ meeting belonged to Louis Krivanek: “I’ll see you in court.”

The words came after the board unanimously denied Krivanek’s application to mine red clay on his agriculturally-zoned property located at the corner of Southwest 59th Street and County Line Road, board members saying they felt it wasn’t in the best interest of the city of Mustang, nor what Mustang wanted for its future.

The crowded meeting brought both supporters and detractors of Krivanek’s request.

“One of the things I would trust you to look at very carefully is the total impact on the community,” Dan Goss, chairman of the city’s planning and zoning commission said.

“But,” Vera Clayburn, Krivanek’s neighbor said, “it’s their land and they should be able to do whatever they want with it.”

The original request to mine the land was made before the board of adjustments on June 8, with the board asking Krivanek to return with further details of reclamation and a more detailed plan for extraction of the red clay. Krivanek said he hoped to use the mined material in future building or construction projects.

The state Department of Mines required that Krivanek come before the Mustang Board of Adjustments for approval before granting him a permit, allowing the land to be mined up to 25 years.

The time period of the mining operation, as well as its effect on property value, was one of the pressing issues for concerned neighbors.

Clarence Beach, who owns property next to where the mining would take place, said he’d had a chance to reflect, and try to understand Krivanek’s proposition.  However, he said he was concerned about the effect it would have on the value of his property.

Addressing the issue of property value, Krivanek read a letter from the county assessor.

The letter stated at that time, no definite assessment could be made on whether or not the operation would decrease property value of nearby homes and land.  The county assessor, in the letter, suggested those concerned should find other property with a similar operation being run nearby and see if the land value of neighboring property had decreased.

Additionally, Krivanek said, if the 25 years the state would allow him to mine the property would be a problem, he’d be willing to apply any reasonable conditions to his application, even decreasing the number of years.

However, the question of “is this really what we want for Mustang and its vision” remained.

“I’d like to remind this board that the city of Mustang passed a comprehensive plan for Mustang and in my opinion, a mining operation near a residential neighborhood is not appropriate,” Karen Battles, a Chisholm Trails resident, said.

Jim Evanoff, another neighbor of Krivanek’s, said he               didn’t think the mining operation would cause the land to be any sort of “eyesore.”

Albert Hott, a Krivanek supporter, said “I don’t believe Louis would do anything to hurt Mustang.”