Lee: Resolution 16 violates 4th amendment rights

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Senator Regine Biscoe-Lee, a Democrat, is chairperson of the Committee on Federal and Foreign Affairs. She says she hopes the next Congressman addresses Guam's relationship with the military, environmental issues and the island's political status. (PNC file photo)

Senator Regine Biscoe Lee, who chairs the Legislature’s rules committee, said Resolution No. 16-35 (COR) potentially violates employees’ Fourth Amendment rights, which is why she didn’t advance the resolution out of committee.

Resolution 16, sponsored by Sen. James Moylan, seeks to establish a mandatory drug testing and zero-tolerance drug policy for the Legislature and exempts the employees from the provisions of “Safe Harbor.”

Moylan has written the rules committee complaining about the lack of movement on Resolution 16.

But in her response, senator Lee said the lack of movement on Resolution No. 16-35 (COR) is “indicative” purely on the belief that it may violate the right afforded to all United States citizens against unreasonable searches and seizures.

She cited then-Attorney General Elizabeth Barrett-Anderson’s opinion that stated in part, “To be upheld under the Fourth Amendment, the drug testing of a public employee must be based on a reasonable suspicion of wrongdoing.”

“As Chair of the Committee on Rules, I cannot in good conscience advance the Resolution in light of these well-established legal limits. The proposal simply doesn’t pass constitutional muster. As we are both lawmakers, I’m sure you agree that is reason enough for the Resolution to not be considered further,” Lee said.

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