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Joints in Tennessee Station Trigger Drugs Tests and Suspensions

Two Murfreesboro, Tennessee firefighters have been suspended following the discovery of two joints in Station 3 on March 11, 2012. Firefighter Terrell Ellis was suspended the day after the discovery of the joints, which coincidentally was the day that he and other firefighters were ordered to undergo drug testing.

Captain Theodore Pertiller is the other firefighter who was suspended.  A “brown substance” was observed in his locker at Station 3 subsequent to the discovery of the joints. He has since been cleared of wrongdoing following tests conducted by the Tennessee Bureau of Investigation.

The TBI has not yet launched a criminal investigation. Here is video coverage of the story.[Sorry – gotta click thru to see video]

Curt Varone

Curt Varone has over 50 years of fire service experience and 40 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. Besides his law degree, he has a MS in Forensic Psychology. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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2 Comments

  1. Good work but you may want to check out the differences between a suspension and leave (which can be paid and unpaid). The biggest difference is that leave isn’t considered punishment, while a suspension is. Also, it would not be the TBI who would investigate unless the local DA requested them since the TBI has no jurisdiction, except in very specific circumstances. Keep up the good work.

  2. Joe

    You bring up an excellent point: what is the difference between a suspension (with or without pay) and (forced) leave (with or without pay)?

    In some jurisdictions there is no difference, while in others there is a huge difference – as you suggest – because a suspension implies a punishment. Of course a “punishment” suspension can only occur after some sort of adjudication… which can only happen after an “investigation” has occurred. Those things take time and sometimes the allegations against a member require that the member not be allowed to work in the interium. Some jurisdictions refer to such employment actions as suspensions, while others call it leave.

    As for the jurisdiction of the TBI – every state is different. In some states the state police can investigate these kinds of crimes without the need for the local DA or PD to request, while in others they leave it to the local PD. Good to know that in Tennessee the state police will not investigate unless requested by the local DA.

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