Peabody firefighter ordered again to take drug tests

SALEM – A second judge ordered Peabody firefighter John Brophy Jr. to take city-administered drug testing during a status hearing in Salem Superior Court Thursday afternoon.At the request of Assistant City Solicitor Dan Cocuzzo, Judge Maureen Hogan ordered Brophy to fulfill his part of a collective bargaining agreement reached in May. Brophy must take a hair follicle drug test and complete a 3-week physical fitness exam through the city’s chosen provider within one week from July 30 in order to continue with his pursuit for full reinstatement to the fire department.Brophy’s attorney, Richard Callahan of Lynn, told the court that Brophy had already taken both a urine and hair follicle drug test. He said Brophy opted to do so on his own because he didn’t trust the city.”Clearly, there’s some animosity,” said Callahan, speaking for Brophy. “Someone at city hall doesn’t want him there.”Cocuzzo defended his office.”We’re trying to get him back to work, not keep him out,” he said, noting that Brophy’s refusal to follow through with his agreement is simply delaying the process.With that said, Cocuzzo announced in court that he has served Callahan with two motions: one to dismiss the complaint altogether, the other to vacate the injunction. Cocuzzo said the opposing side has 10 days to respond, after which the city will file the motions in court and state their case.Cocuzzo said the hair follicle testing Brophy will soon undergo will test as far back as February – 90 days before he was originally reinstated in May.Brophy’s issue with the city has been dragging along since the night he fell asleep during a 911 call in March 2005. The missed call nearly cost the life of an infant. He was quickly fired until an arbitrator ruled in his favor and ordered the city to give him his job back within 30 days.After appealing the ruling twice, Mayor Michael J. Bonfanti and Fire Chief Steven Pasdon lost their case and were forced to put Brophy back on the payroll as of April 13. Two weeks later, he was placed on a 12-day suspension for not adhering to physical fitness requirements and hair follicle drug testing that were required prior to his reinstatement.After still refusing to participate in the testing, the city fired him for what it believed to be the last time on May 20. Two days later, on May 22, Newburyport Supreme Court Judge Pat Riley ruled against the city’s decision to fire Brophy. Riley ordered the city to keep Brophy in the department and ordered Brophy to complete drug testing provided by the city, which he did not do.Massachusetts Appeals Court recently denied Peabody’s plea to end the injunction preventing it from firing firefighter John Brophy, but City Solicitor John Christopher said they are still moving forward with the case.