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City commission upholds DPW discharge of electrical worker after hearing over missed follow-up drug test
Summary
The Board of City Service Commissioners voted unanimously on March 6, 2026 to uphold the Department of Public Works’ discharge of electrical worker Deshaun L. Smith, finding the department had cause after testimony that Smith twice failed to submit to required DOT-based testing, including a refusal on Dec. 19, 2025.
The City Service Commission on March 6 upheld the Department of Public Works’ decision to discharge electrical worker Deshaun L. Smith after a full-day hearing that included testimony from department managers, HR and independent substance-abuse professionals.
The commission found the department had cause to discipline Smith for two violations of the DPW drug-and-alcohol testing rules, including an alleged refusal to take a required follow-up drug test on Dec. 19, 2025. Department HR administrator Andrew Simons told the panel that Smith had been in a safety-sensitive role subject to Federal Motor Carrier Safety Administration rules and that "the appellant refused to take required testing on multiple occasions," including the Dec. 19 incident, which DPW treated as a second violation that can trigger discharge under the department's long-standing policy.
Why it mattered: The hearing turned on whether Smith had in fact exhausted the SAP-prescribed follow-up tests and whether the department properly sought a further follow-up test on Dec. 19. DPW witnesses said federal and department rules treat a refusal to submit to a required test as a positive result; the department also…
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