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Published May 15, 2008 08:40 pm - The sad case of Nathaniel Burnett is a lesson in what can happen when an entity — in this instance, the City of Anderson — isn’t careful enough to address details in legal issues.

EDITORIAL: City made fiasco of Burnett case



The sad case of Nathaniel Burnett is a lesson in what can happen when an entity — in this instance, the City of Anderson — isn’t careful enough to address details in legal issues.

Burnett, who admitted to police (according to an affidavit) that he had smoked marijuana while working for the Anderson Parks and Recreation Department, was given his job back after an administrative court ruled that he had been fired improperly. The city, the court ruled, did not perform a drug test of Burnett the day that he was stopped by police on suspicion of smoking marijuana.

The criminal case against Burnett was botched, too. City Court Judge Donald Phillippe ruled in October 2007 that police officers didn’t have probable cause when they stopped Burnett and fellow parks department employee Richard Gallamore.

The latter pleaded guilty and was fired from his job with the city. Burnett was fired, too, but he contested the charges and won. He was hired back by the city this month.

While the case was dispatched according to Burnett’s constitutional rights, the city — by its own fault — is forced to hire back a fired employee.



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