VIENNA — Prosecuting Attorney Anthony (Tony) Skouby warned the commissioners on April 16 about prohibiting county employees from using marijuana because it is a constitutional right.

“I don’t fool with constitutional rights,” he said.

In continuing to revise the county employee handbook, the commissioners invited Sheriff Mark Morgan and Skouby to discuss what kinds of tests, procedures and policies to establish.

Presiding Commissioner Vic Stratman asked if the county could forbid their employees from using marijuana or at least give a time frame like 24 hours before reporting to work. Skouby said no because that would be like telling employees that they can’t use their First Amendment right to free speech.

During the Nov. 8, 2022, election, 53.1 percent of voters approved an amendment to the Missouri Constitution legalize the cultivation and possession of marijuana for those 21 and older. However, the amendment still prohibits driving under the influence and allows employers to prohibit usage during work.

Skouby said that a positive test alone cannot be reasonable grounds to fire someone for marijuana usage. Because a saliva test can detected usage for up to 24 hours, an employee could have smoked outside of work the day before and still test positive. For this reason, he said that it can be difficult to definitively prove that someone is under the influence without seeing the smoking joint.

“I know what we want to do, but I don’t want to get us sued,” Skouby said.

For the sheriff’s office, Morgan has a form, following a positive test, that documents signs of being intoxicated.

While the county must be stricter for drivers of county vehicles, Skouby recommended instead of immediate termination, that the county offer non-driver employees help and then acting if the behavior becomes a pattern.

“I really would not want to get in a position where we fired somebody over something we weren’t 100 percent certain on just because of the liability and the fact that we weren’t totally sure,” he said.

Regarding emergency procedures, Morgan said that he has a lock down procedure for the jail but not for the entire courthouse. The current procedure in the case of an active shooter is to shelter in place, but the county could formalize a policy. Stratman suggested having a designated point of contact on each floor to keep track of everyone in such an emergency.

“I’m hoping it never happens. Hope it’s just all dry run thing. But you just never damn know,” Stratman said.

The commissioners also discussed fire drills and the need to test the fire alarms. As for tornadoes, Stratman said that residents should have their own designated safe place, but for those who do not have one, Morgan and County Clerk Rhonda Rodgers said that they could come to the courthouse for shelter.