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Garrido v. Cook County Sheriff's Merit Board

Case Date: 06/09/2004
Court: 1st District Appellate
Docket No: 1-03-1128 Rel

THIRD DIVISION
June 9, 2004



No. 1-03-1128

 
CHARMAINE GARRIDO,

                        Petitioner-Appellant,

          v.

THE COOK COUNTY SHERIFF'S MERIT BOARD,
James P Nally, Michael D. Carey, Arthur R. Waddy,
Jerome F. Marconi, Jr., Marynell O. Greer, Robert F.
Hogan, Donald J. Storino, George P. Cahill, and Byron
Brazier; SHERIFF OF COOK COUNTY, MICHAEL F.
SHEAHAN; and the EXECUTIVE DIRECTOR,
EDWARD WODNICKI,

                         Respondents-Appellees.

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Circuit Court of
Cook County.









Honorable
John K. Madden,
Judge Presiding.

 

JUSTICE SOUTH delivered the opinion of the court:

This appeal arises from an order of the circuit court of Cook County which denied apetition for administrative review of a decision of the Cook County Sheriff's Merit Board (MeritBoard) to discharge petitioner, Charmaine Garrido, after it found that she was in violation of thesheriff's office drug-free workplace policy

 

BACKGROUND

Petitioner was hired by the Cook County sheriff's office (Sheriff) in January 1990 and wascontinuously employed there as a deputy sheriff until her termination in January 2001. Since April26, 1993, the sheriff's office has had in effect a drug-free workplace policy. General Order No.1002 (Sheriff's Drug-Free Workplace Policy) provides, in relevant part:

" I. Purpose

The purpose of this order is to disseminate and implementthe Sheriff's Drug-Free Workplace Policy (Appendix A), and theMandatory Guidelines for Drug Testing (Appendix B), for allsworn Department Personnel.

II. Policy

A. It is the policy of this Department to take all reasonablemeasures to provide and maintain a work environment free ofunlawful use of drugs or controlled substances.

B. The unlawful involvement with drugs; the presence in anemployee's system of drugs or controlled substances, or theirmetabolites, the use of cannabis or non-prescribed controlledsubstances by sworn personnel, at any time, while on or off-dutyare strictly prohibited.

III. Definitions

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B. 'Drugs or controlled substances' include, but are notlimited to, the following substances and their respectivemetabolites:

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(2) Controlled substance as defined in Chapter 56