/ June 6th, 2014

To The Families of Jamesville-Dewitt School's Bus Number 221, and The Board of Education

Being a bus driver over the last 19 years at Jamesville Dewitt, I have had the pride and pleasure of driving your children and developing positive relationships with you and your families. As many of you may have realized, because historically I have always been there and on time with my bus routes, I (Phil Berrigan, driver of bus 221) have not been driving my routes for the past four months. I feel as though you deserve an explanation about my absence. I want to give you my truth so you don't need to wonder or listen to rumors that may start. I have enjoyed all of the ups and downs of your kids and the job of bussing in this wonderful community. It has added much joy and fulfillment to my life. I have always taken the responsibilities of my job seriously and worked hard to earn the respect and trustworthiness of the students and families I serve.

We, as drivers with our Commercial Driver's Licenses (CDL), are subject to random Drug and Alcohol testing under D.O.T. regulation. I was randomly tested on February ih, 2014 under this D.O.T. regulation, as has been the procedure approximately 15 times over my 18 years of employment with Jamesville-Dewitt Schools. Over these eighteen years, I have never tested positive for any substances until February 13th, 2014. On this day, at approximately 6:40AM, I received a phone call from Doctor Ivan Wolf, Medical Review Officer (MRO) of Industrial Medical Associates (IMA) that I tested positive for Marijuana. I sat in the parking lot of the J-D Transportation Center waiting to get on my bus in shock, devastation, and bewilderment at the news Dr. Wolf just gave me. Knowing the truth and what this may mean for me, it felt as if he had told me someone close to me had passed away.

As I sat in my car, a mechanic approached and knocked on my car window, informing me the Safety Officer wanted to see me in their office. During my meeting with Donna Maycumber, Safety Officer on duty the morning of February 13th, 2014 and co-worker of 18 years, I stated that I have NOT, nor will ever, ingest or smoke marijuana as an employee of Jamesville-Dewitt Central Schools. At the end of this meeting she told me I was suspended from my driving duties until further notice and that I should wait for further communication from the district.

After leaving the meeting with Donna and takin~ more time to process the information bestowed upon me, I had to call and inform my/wife of thirty years the devastating news that I had tested positive for Marijuana and was suspended from my driving duties until further notice. My wife works for the doctor that is the MRO for OCM-BOCES who does the drug testing for J-D. Imagine my shock and disappointment in having to call and inform her of this and of her embarrassment that her boss had to call her husband to inform him of the test results.

At this point, I called my doctor, who suggested I take another drug test. I did this on February 13th. 2014 and the results were neeatjye. M~ doctor confjded in me that there was so little mari'uana in my positive test on Februar i, 2014 that it would not be ossible to hav smoked . He stated that 1t cou ave been ingested or breat ed in second hand. However, this is also something that is hard for me to fully comprehend and only leaves me with more questions.

•

After my appointment, I had a hearing with the district, Alice Kendrick (Superintendent), Tim Decker (Business Administration/ Transportation Supervisor), Peter Smith (Assistant Superintendent), Liz Golembeski (Union Representative), and myself. I shared the negative test results with them and their decision was to move to the section 75 hearing, which could lead up to permanent discharge of job duties. At this point, both sides moved forward. For me, this meant hours of searching, phone calls, bewilderment, embarrassment, and questions.

The situation of a bus driver testing positive for marijuana has happened before, and approximately 16-18 years ago, this person admitted to using marijuana and was able to resign . I have been asked by the district to resign, have refused and will continue to refuse because that means I would be denying what I know to be true. Throughout the years, there have been other instances that I consider to be worse than my issue that people have simply been disciplined for or been allowed to retire with benefits.

Before the board of education meeting, I supplied Tim Decker (School Business Administrator/ Transportation Supervisor)with the results of two more drug tests that I had done at a DOT certified drug testing facility to take to the meeting. One of those tests was another urine test, which came back negative. The second test was the hair follicle drug test, which is a method that can detect drug use over a longer period of tjme (60-75 day periodlt--as COJ:!!Pared to the_ ,Y!.ine test By doing this test, I was testing many days before the day of my original positive test on February 7th, day of my positive test, and days after. The hair follicle drug test tested Q;_gative. It should be known that urine tests are not a 100% and can even be a false positive. After hearing all of this evidence, the board decided to continue the process.

I completely understand the board's concern for the students and families in the district and do understand and support that there is a process in the schools that the district must follow in order to protect students and their safety. I understand and fully respect this because it has been my main concern and focus for the last 19 years.

J:eti,re..Retirement has not previously been a thought in my mind, because of my passion an love for the job. Driving your children has brought joy and fulfilment to my life for the past 19 years and I am not even close to being ready to give that up. I would like nothing more than to keep driving your children safely to and from school. As a father of two, myself, I want you to understand and know, I would never intentionally jeopardize your child's safety. My job, as your child's bus driver, was incredibly important to me.

After many more hours with more doctors, labs, and attorneys after the district meeting, I am still trying to figure out what happened. I find myself with many more questions than I have answers, because this is something that I don't understand. One major question I have is how much, if any, of a role did my sinus infection (that I was on antibiotics for the day of the positive drug test), recent oral surgery, and infection (open draining cyst) on my back play in my positive test results on February ih, 2014. Doctors I have consulted with, do not have any solid answer to these questions, which only leaves me with more questions.

I

Iht NYS D~ent of TransQQrtation has cleared me to drive my bus and your children, as I have gone through their program, which was necessary for me to do, even being not guilty, in

"Order for me to keep my bus dnvmg, CDL license.

Because of this unfortunate situation, my job, family's healthcare, and future was left in the hands of the Jamesville Dewitt School District. On June 41

h I was informed via a letter sent to my home that I have been terminated. After l~rs of loyalty, compassion towards others, impeccable drivmg record, and fulfillment from driving your family's bus, I will not be allowed to return to the district and this situation has ruined my reputation and driving record. These life-changing decisions made by the board and superintendent are very hard for me to understand, and I am still in disbelief. Especially in light of the fact that the decision comes from very little evidence and is an unjust ruling. Done by letter with no opportunity for me to see or speak to the people making that decision. As it was done behind closed doors of a Board Meeting.

I honestly hope that I will see you all again soon, but if not, please recognize that there are injustices in this world, and this is another one. I understand what it means to be a parent and understand what you may be thinking, hearing all of this news. Truth be told, I am a 19 year bus driver veteran who has accumulated over 200 sick days and was four months from being eligible for retirement when this happened. I want to reiterate and make it clear that I have not done what I am being accused of, using marijuana, and would never put your child's safety in jeopardy. I have worked hard every day serving you and your families with timely and predictable bus service, built rapport with you and our students, and have been honest and fair with all of my interactions with students.

I apologize for any embarrassment, disappointment, and/or grief this has caused you and your family. I appreciate and thank you for taking the time to read this and understand what is going on. If you have any questions, comments, or concerns, please feel free to call or email me anytime I would be more than happy to hear from you and to answer any questions you may have.

You can also call the district with your comments, concerns, and questions and talk with Alice Kendrick (Jamesville-Dewitt Superintendent) at 445-8304.

Thank you,