The State Personnel Board heard arguments Sept. 14 in Jackson Lund’s appeal of his dismissal by the California Department of Water Resources, focusing on whether a positive marijuana test during the commercial driver’s license process justified termination before he obtained a Class A license or began safety-sensitive work.
According to the meeting summary, DWR argued that federal CDL and drug-testing rules applied once Lund entered the licensing process and that his positive test supported dismissal. Lund’s counsel argued the rules did not apply yet, that the result reflected off-duty marijuana use before employment began, and that department materials pointed to a last-chance or rehabilitation path rather than automatic termination.
The board also discussed whether Lund had been properly put on notice that a positive test during the first 90 days would lead to discharge. The matter was taken under submission for a later decision.
The hearing was part of a broader State Personnel Board meeting that also included routine approvals and a separate contracting-out appeal involving prison health-care work.
