Inside This Issue
Volume 5, Issue 1March 2015
A Publication by the
2015 Officers and Directors
Tennessee Association of Drug Court Professionals
Goodbye 2014!Hello 2015! 2Board Meetings OpenTo All Members 227th Judicial CourtGraduation 2The President’sCorner 3Day on the Hill2015 4Upcoming TAADASTrainings 4MembershipApplication 4
PresidentKevin BattsVice PresidentRick TaylorTreasurerAngela ParkersonSecretaryJill BarrettMiddle Tennessee RepNan CaseyWest Tennessee RepLori Tubbs-DouglasEast Tennessee RepPatty WilliamsAt Large DirectorsDoug BeechamRon BaileyNancy FallowsPast PresidentEx OfficioTracye BryantJudicial RepresentativeEx OfficioHonorable Charles CerneyTAADAS RepresentativeMary Linden-SalterLaw Enforcement RepresentativeEx OfficioSgt. Jason HeadTADCP Part Time Executive DirectorNan CaseyAdvocacy CommitteeCommittee Chair:Ron BaileyBrad McLean, Director, Morgan Co. ProgramJanet Hobson, Director, Davidson Co. Residential ProgramKevin BattsRick Taylor
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A young man walks into the company’s per-sonnel office. His resume’ looks great. He has strong references, and is knowledgeable about the business. He is skilled and intelligent. He is anxious to get to work. Then the personnel spe-cialist flips her interview page over for a couple of last questions. “Let’s see, no felonies, right?” Sweat beads across the young man’s brow as he struggles to speak. “Uh, yes ma’am. I got in trouble a while back. But, I’ve been through Drug Court and I’ve been clean and sober for two years.”The interview takes a decisive turn. “We’ll need to take a look at that. We’ll be in touch.” He never hears from the company again.A new Tennessee law will go a long way toward changing that. While many companies are willing to give someone a second chance, hiring managers were dissuaded by the risk of potential lawsuits based on the theory of negli-gent hiring. Rather than take the chance, those companies would simply pass on candidates with any criminal history.Tennessee Code Annotated § 40-29-107 cre-ates the procedure for obtaining a “Certificate of Employability.” The certificate provides immunity for the employer against a claim of negligent hiring if the employee is later accused of negligence or covered act. The certificate provides evidence of the employer’s due care in hiring, retaining, licensing, leasing to, admitting to a school or program, or otherwise transacting business or engaging in activity with the person to whom the certificate was issued.The immunity is not a catch-all. Immunity only applies to accusations of negligent hiring. Keeping an employee on the job after notice of certain problems may subject the employer to an action for negligence. Those situations include: 1) the employee subsequently demonstrates dan-ger or is convicted of a felony; 2) the employee is retained after the demonstration of danger or the conviction; 3) the injured party proves that the employer had actual knowledge that the employee was dangerous or had been convicted of the felony; and 4) the employee was retained after the employer had actual knowledge of the employee’s demonstration of danger or convic-tion of a felony. The immunity defense requires the employer to have knowledge that the employee had been granted a certificate of employability at the time he was hired.Drug Court participants and graduates who qualify for a certificate of employability should be encouraged to file a judicial petition to secure one. While the immunity is for the employer, it is certainly incumbent upon the job seekers to make themselves attractive candi-dates. This includes presenting a Certificate of Employability to a potential employer.The statute requires a summary of the peti-tioner’s criminal history relating to any disquali-fying convictions pertaining to employment or occupational licensing. The petitioner must also provide a history of employment.The petitioner must establish the following:
• The petitioner has sustained the character of
a person of honesty, respectability, and veracity, which is generally confirmed by his or her neighbors;
• Granting the petition will materially assist
the petitioner in finding employment or obtain-ing occupational licensing;
• The petitioner has a substantial need for the
certificate to live a law-abiding life; and
• Granting the petition would not create an
unreasonable risk to the safety of the public or any individual.The new law does not protect employers in certain highly regulated fields. Those include Mental Health, Alcohol, and Drug Abuse Prevention/Treatment; Police Officers; Correctional institutions; Education; Insurance; Healing Arts; and Welfare.
You can download the Petition for a Certificate of Employability from:
http://www.tsc.state.tn.us/administration/ judicial-resources/forms-documents/court-forms
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Starting on March 6th, we have decided to open full board meetings to all TADCP Members. Those meetings are held on the first Friday of every other month begin-ning at 9:00 am (central time). Each meeting will last between 1-2 hours. Online access through our videoconfer-encing utility will be on a first come, first served basis. ZOOM (www.zoom.us), the videoconferencing utility that we current-ly use, will allow up to 25 participants at one time, and half of those spots will go to board members, which will leave between 10-15 online video or call in spots during any one meeting. You may also attend the meeting in person at the TADCP office (address below). If you plan to attend in person, please contact Marie Crosson at mariecrosson@tadcptn.org or 615-780-5901 Ext. 23 so we have enough space for everyone. The dates of the open meetings will be as follows:
March 6May 1July 3
(Independence Day observed-we will announce alternate meeting date)
September 4November 6
To have the full benefit of Zoom, your computer needs to have audio and video capability. You can access Zoom through your iPhone or iPad as well, however we have noticed the connectivity is not as good so you may experience frustrating sound or video issues. You can also call in at the number provided. If you are interested in the access information for these meetings, contact Marie and she’ll send them to you.
TADCP1321 Murfreesboro Road, Suite 311Nashville, TN. 37217
Milan Recovery Court closed out the 2014 year with growth and positive atti-tudes towards the new year ahead. It’s sad to see the year end but many of our par-ticipants are already planning and looking forward to many more positive things to come in 2015. In saying goodbye to 2014, we had a very busy December and would like to share some of the activities the men and women of our court were a part of.Milan Recovery Court participants were among those invited to attend TADCP 2015 conference held in Murfreesboro, TN as well as take part in a short skit titled “Out of the darkness, into the light”. While there clients were able to view a film “Anonymous People” which sheds light on the disease of addic-tion, as well as treated to a delicious lunch courtesy of TADCP. On December 19, 2014, Milan Recovery Court participants and staff joined the Milan Lions’ Club and Milan Express in gathering and distributing food baskets to needy families in the Milan, TN area. Volunteers gathered at Milan Express in Milan and loaded up their vehicles and set out with smiles on their faces and giving on their minds. To see people so grateful and happy during this holiday season was something many described as a gift to themselves. Participants came with a responsibility to their community and left with a sense of respect and gratitude for each other.
TADCP
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VENTS
Mark Your Calendars!
2015 NADCP Conference
December 2-4, 2015
Embassy Suites & Conference CenterMurfreesboro, Tennessee
Registration Information Coming Soon!
Congratulations to the Graduates of the
27th Judicial District Recovery Drug Court!The 27th Judicial District Recovery Drug Court will conduct a graduation on Friday May 15, 2015. The ceremony will begin at 9am in the Obion County Circuit Court room, Union City, Tennessee. Fifteen partici-pants are on track to graduate, which would make 152 participants having graduated from the 27th Judicial District Recovery Drug Court since 2002.
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When our most recent graduate, Tracey, completed our drug court, her talented daughter, Rachel, made a beautiful "One Day at a Time" cross-stitch for her. It got me to thinking. That's an awesome recovery mantra, but doesn't the world need a dose of that in almost everything we do? We rush everything. Multitasking has become a paradoxical curse of our times. Once embraced as the pinnacle of success, our harried lives leave us with little "life". The ability to do more things, faster, and simultaneously, leaves little incentive to be still.To be still. To meditate. To contemplate. To pray. To live.My thoughts wander to the old country standard penned by Marijohn Wilken and Kris Kristofferson:"I'm only human, I'm just a man.Help me believe in what I could be, and all that I am.Show me the stairway I have to climbLord for my sake,Help me to takeOne day at a time." When the stress of the day takes us down, it’s time to embrace the sunset. In the stillness of the night, we should let our bodies and souls feel the freedom of rejuvenation. Savor the peace of reflection and save tomorrow for tomorrow. Back to Marijohn and her country song. She was a brilliant stu-dent. Top of her class. She taught herself to play the piano at age five and was a fine musician, just like her dad. But she also had her share of tragedy. As a young woman, she lost her dad to cancer and lost her
new husband on the battlefield. Grief-stricken, Marijohn threw her
-self into a teaching career and grew to be an amazing educator. In her thirties, she moved to Nashville to pursue her dream as a songwriter. She wrote over 400 songs and made a bundle of money. As often happens, her newfound success was not without pres-sure. Living in a whirlwind, Marijohn found it difficult to cope. She turned to a liquor bottle in her search for peace. She was rich and famous … and spiraling out of control. One night as she passed a lit-tle church, she noticed a light glimmering from the window. She pulled into the parking lot and went in to talk with a preacher she'd never met before. Little did she know, it was the first counseling ses-sion the young minister had ever conducted. As she sat before him in a daze, wrapped in mink and flowing with diamonds, she found it difficult to express how empty and needy she felt inside. The young preacher, wise beyond his years, contemplated the advice to offer to this woman who seemed to have everything. "Have you ever thought
about thanking God for your troubles?"
The more she pondered his words on the way home, the more they touched her heart. She sat at her piano for a few moments, and the words began to flow ..."One day at a time sweet JesusThat's all I'm askin' of youJust give me the strengthTo do every day what I have to doYesterday's gone sweet JesusAnd tomorrow may never be mineLord, help me today,Show me the wayOne day at a time."Peace be with you.
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DAY ON THE HILL is set for Wednesday, March 18. We will have two tables set up near the Legislative Plaza Cafeteria, which is a prime loca-tion for us. We need Drug Court per-sonnel and participants to share their Drug Court's success stories with state lawmakers. We will have small gifts to take around to legislative offices, along with information about Tennessee Drug Courts. We will need your help to get our story out! We will meet at Legislative Plaza near the cafeteria at 8:00 AM. The TADCP tables will be easy to find. Please contact Marie Crosson at [email protected]g or 615-780-5901 Ext. 23 to let her know if you will be able to help, and how many people your team can send.
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