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Governor Scott's fascist directives

Scott orders random drug testing of state employees

March 23, 2011  
By News Service Of Florida

TALLAHASSEE - Gov. Rick Scott signed an executive order Tuesday that will require random drug testing of many current state employees as well as pre-hire testing for applicants.

"Floridians deserve to know that those in public service, whose salaries are paid with taxpayer dollars, are part of a drug-free workplace," Scott said. "Just as it is appropriate to screen those seeking taxpayer assistance, it is also appropriate to screen government employees."

The reference to taxpayer assistance referred to a push by Scott and legislative Republicans to require those who apply for state benefits under the Temporary Assistance to Needy Families program to submit to a drug test before getting benefits. That proposal (SB 556) was approved unanimously Tuesday by the Senate Criminal Justice Committee. It has another stop before the Senate floor.

Under Scott's order, current employees in agencies that answer to the governor, would be subject to periodic random screening. The executive order signed by Scott says the tests would require testing of each employee "at least quarterly." The random testing of current employees will begin in 60 days under the order....

Effective immediately, any new hires in governor's agencies would also be subject to pre-hire drug testing under the order....

State agencies, under [the existing Florida Drug-Free Workplaces Act] can already require drug testing when there's suspicion that a current employee is using illegal drugs, but courts have generally found that random testing of government workers who aren't in jobs that affect public safety amounts to a "search" by the government. Such searches must be "reasonable," generally, and some courts have interpreted such requirements of ordinary government workers as a violation of the U.S. Constitution's Fourth Amendment right against unreasonable searches....

In [a 2004 Florida] case, U.S. District Judge Robert Hinkle ruled that the [Florida] Department of Juvenile Justice was violating the Fourth Amendment in ordering random drug testing....

"I'm not sure why Gov. Scott does not know that the policy he recreated by executive order today has already been declared unconstitutional," ACLU of Florida Executive Director Howard Simon said in a statement. "The state of Florida cannot force people to surrender their constitutional rights in order to work for the state. Absent any evidence of illegal drug use, or assigned a safety-sensitive job, people have a right to be left alone."
<snip remainder>

Entire article and readers' comments:

As a student of human nature I'm well aware of the generalization that "power corrupts, and absolute power corrupts absolutely," and the temptation when one assumes a position of authority to attempt to force one's own beliefs on others - the epitome of fascism, where the unenlightened must by herded to follow the (self-judged) enlightened path of the authoritiess.

And while individuals whose political identifications are non-affiliated, Independent, Democrat, Libertarian and Republican all share the same human attributes (negative and positive), it is the latter whose fascist-like executive and legislative directives are most hypocritical.

After all a fundamental principle of Republicans in all their manifistations through the years is to prevent/remove government intrusion out of our private lives and infringements on individual freedom.

Random drug-testing - for illegal AND legal drugs which affect decision making and physical actions - during a work shift makes sense, and is constitutional for those individuals whose actions are immediately and directly involved in public safety.  

Any other drug testing for government employees should be banned; including pre-hire, or random testing when an employee is not on duty.

let's recall this lying, thieving, bastard now.
(christalmighty, i feel like i'm channeling skookum)

puc reducks

scrutney wrote:
let's recall this lying, thieving, bastard now.
(christalmighty, i feel like i'm channeling skookum)

I miss him, too.

But, Scott can't be recalled.  There's a thread here somewhere...

A Bill was filed in the Florida legislature a month ago which would allow recall of state elected officials like the governor and members of the legislature.  

However the governor can be impeached, with the Florida Constitution's methods mirroring the federal constitution's.
puc reducks

Excellent news!

Break out the petitions.

Take your pick - sign early and often!
puc reducks

bieramar wrote:
Take your pick - sign early and often!

Done and done!

Thank you!

"...and another one bites the dust."

Federal judge issues injunction against drug testing of Florida state employees

By Michael Martinez, CNN
April 26, 2012

(CNN) -- A federal judge has issued a permanent injunction against Florida Gov. Rick Scott's order to test most state employees for drug use, according to a ruling filed Thursday.

But the judge didn't rule on whether the state can give urine drug tests to prospective new hires.

U.S. District Judge Ursula Ungaro for the Southern District of Florida said the drug testing of about 85,000 state employees would violate the Fourth Amendment protection against unreasonable searches and sided with a motion by the American Federation of State, County and Municipal Employees Council 79, which represents about 40,000 of the employees.

But because the union didn't address new hires in its motion, the court "does not reach the issues of whether such prospective employees can be subjected to pre-employment testing and subsequent random drug testing pursuant to the executive order," the judge said.

Scott said he will appeal the ruling....

...random tests of employees in the state Department of Transportation and Department of Juvenile Justice show drug use in less than 1% of cases between 2008 and 2011, Ungaro said. At the Florida Department of Corrections, employees showed drug use in random tests also in less than 1% of cases between 2008 and 2009 and then 2.4% in 2010 and 2.5% in 2011, the judge wrote. The tests at the three agencies were conducted under the state's Drug-Free Workplace Act.

The judge said the court "searches in vain" for a compelling need for testing.

"The fundamental flaw of the (executive order) is that it infringes privacy interests in pursuit of a public interest which ... is insubstantial and largely speculative," the judge wrote. "The privacy interests infringed upon here outweigh the public interest sought. That is a fatal mix under the prevailing precedents."
CNN's Melanie Whitley contributed to this report.

This directive was an Executive Order of the Governor, not a law passed by the Florida Legislature.  

"Power corrupts...."

Since when did the criteria for corruption become...laws that you like are virtuous and laws that you don't like are corrupt??

auntmartymoo wrote:
Since when did the criteria for corruption become...laws that you like are virtuous and laws that you don't like are corrupt??

When it comes to laws my criteria as to corruption are the relevant  constitutions, in this case the U.S.'s and Florida's, i.e. the rule of law. Constitutional laws - whether or not I like them - are virtuous, unconstitutional ones are corrupt.

When it comes to individuals, in this case Florida Governor Scott, a/k/a "5th Amendment Scott", my guideline criteria as to virtue and corruption, and as to whom I like or dislike, are strictly my own perceptions of their "vibes," and my logical and rational judgments on their words and actions.

Charlie Crist beating Rick Scott in poll about 2014 race for governor

By Adam C. Smith, Tampa Bay Times Political Editor
Wednesday, May 30, 2012

Check out this intriguing May 23-25 statewide poll of registered voters by Florida Opinion Research, asking about a Charlie Crist vs. Rick Scott gubernatorial matchup in 2014. This assumes the former Florida governor challenges the incumbent Republican by running as a Democrat - and survives a Democratic primary:

Crist: 48.1%
Scott: 34.1%
Don't know/Refused: 12.8%
Other: 5.0%
The poll has a 3.46% margin of error.

While 60.3% of Republicans said they would support Scott, only 21.6% of independent voters backed him. Crist won 74.2% of Democrats and 52.2% of independents.

The former Republican governor-turned unaffiliated personal injury lawyer won support from more than 88% of African-Americans surveyed, while Scott and Crist were effectively tied among Hispanics.

Crist led among men, 45% to Scott's 39%, and among women, 51% to Scott's 30%. Crist also led among all age groups.


While it is relatively easy to get elected, regardless of prior experience - if you can gather enough money and support with politically correct slogans, and ride an anti-incumbent, or anti-other Party, or "vote the bastards out" wave - getting re-elected is most often based upon your record in office.  

Q.E.D. Scott. Forum Index -> Local politics
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