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CHARLES C. SCHROEPPEL, O.D., P.C.
DOCTOR OF OPTOMETRY
707 South Texas Ave., Suite 101D
College Station, Texas 77840
1 block South of Texas & University
I
1 EASTGATE
IVE
HAiioween
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SATURDAY
OCTOBER 31 st
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Page 4/The BattalionAThursday, October 29, 1987
Texas court rules
lie detector tests
unconstitutional
AUSTIN (AP) — The Texas Su
preme Court ruled unanimously
Wednesday that mandatory lie de
tector tests of public employees are
an unconstitutional invasion of their
privacy, a decision quickly hailed by
civil libertarians.
“This case today, I think, is the
death knell of polygraph testing of
public employees,” said Jim Har
rington, legal director of the Texas
Civil Liberties Union. “There’s no
doubt about that. They just buried
polygraphs of public employees.”
Harrington called the 9-0 opinion
written by Chief Justice John Hill a
resounding vindication of Texans’
ehts.
privacy rigt
“This case shows that the Texas
courts are not willing to subject
(state) employees to intrusive and
humiliating techniques, which Sen.
Sam Ervin had appropriately labeled
20th century witchcraft,” he said.
Harrington said that while the de
cision applied only to public employ
ees, it may affect both drug- and
polygraph-testing of workers in pri
vate business as well.
“The question is going to be the
extent to which this logic is really
going to flow over into the private
sector,” he said.
Although the opinion does not
apply to private employees, Har
rington said, he expects that private
litigation will be based upon it.
The court made its decision in a
lawsuit filed against the Texas De
partment of Mental Health and
Mental Retardation. The court also
ordered that the department pay
$18,000 in legal fees and $800 in
costs for the Texas State Employees
Union, which had sued MHMR offi
cials over the policy.
Jim Pearson, a union official, also
praised the ruling.
“This decision today is a hallmark
of building a Texas state employees’
bill of rights,” he said.
The union and several of its mem
bers filed suit against the mental
health department in 1983 after it
decided to begin mandatory lie de
tector tests.
Under that policy, employees
were subject to “adverse personnel
action” if they refused to take the
exam during an investigation of sus
pected patient abuse, Pearson said.
But the Supreme Court said such
mandatory testing violated rights of
privacy.
Although the Texas Constitution
contains no specific guarantee of a
right of privacy, it does include seve
ral provisions relating to an individ
ual’s privacy, the court said.
The provisions include protection
against arbitrary deprivation of life
and liberty, the right to speak, write
or publish freely and protection
from forced self-incrimination.
“We do not doubt, therefore, that
a right of individual privacy is im
plicit among those ‘general, great
and essential principles of liberty
and free government’ established by
the Texas Bill of Rights,” Hill wrote.
“This right to privacy should yield
only when the government can dem
onstrate that an intrusion is rea
sonably warranted for the achieve
ment of a compelling governmental
objective that can be achieved by 170
less intrusive, more reasonable
means.”
Although the mental health de
partment argued that it was trying to
maintain a safe environment for pa
tients, the Supreme Court said man
datory polygraph examinations went
too far.
It noted that such tests require
“control questions” on subjects not
related to the job to provide the ex
aminer with an example of a lie.
“Control questions are not job-re
lated and ordinarily require the dis
closure of matters personal to the
employee,” the court said. “We hold
that the department’s polygraph
policies impermissibly violate pri
vacy rights protected by the Texas
Constitution.”
Weather Watch
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Sunset Today: 5:40 p.m.
Sunrise Friday: 0:37 a.n
Map Discussion: The central and southeastern states willcontinuen
enjoy summer conditions undet the influence of high pressure.whl
the low-pressure system that has lx*cn stationary for days off the
California coast begins to move inland, spreading rain intotheweji
central Rockies. The storm system over New England hasmovedi®
eastern Canada, and a series of low pressure impulses aloft will prod:
scattered rain and snow showers over the northwestern Great Lain
region.
Forecast:
Today. Partly cloudy and mild with high temperature diinbinginioii
mid-HOs and southerly winds near 10 mph.
Tonight: Fair and mild with light
the south.
Friday: Increasingly cloudy and warm with a high in the upper-8^
south winds of 8 to 14 mph and a low morning temperatureof69
degrees.
Weather Fact: Applied Meteorology — the application of current
:t: A PP
weather data, analysis and/or forecasts to specific, practical problei
is distinguished from applied climatology, which deals with the ski'
application of long-period, statistically-treated weather datasuchas
means, extremes, probabilities, etc.
Prepared by: Charlie Bren:
Staff Meteortfe
A&M Department of Meteotoh
SCIEI
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Voters to face
confusion
election day
AUSTIN (AP) — Fourteen
percent of Texas’ 7.34 million
registered voters will go to the
polls next Tuesday to face a ballot
that will “sound like a bunch of le-
galese gobbledygook” to many.
Secretary of State Jack Rains pre
dicted Wednesday.
A 14 percent turnout would be
slightly higher than the 10-12
percent usually recorded for con
stitutional amendment elections.
The Nov. 3 ballot includes 25
proposed constitutional amend
ments and referendums on pari
mutuel gambling and whether
the State Board of Education
should remain an appointed
panel.
There are no statewide offices
on the ballot.
“I know a lot of people might
think the constitutional amend
ments sound like a bunch of le-
galese gobbledygook, but what it’s
really about is $3 billion in bond
debt and the future of our state,”
Rains said in making his turnout
prediction.
Many of the proposed amend
ments deal with issuance of state
bonds to pay for various projects,
including prisons. Also on the
ballot are proposals for the sale of
bonds to raise money for the su
percollider that Texas is trying to
lure.
Duval ranchers say land lease
to Bullock looks like 'inside job’
HOUSTON (AP) — Ever since
Texas Land CommissioQ/pt; Garry
Mauro leased 1,880 acres of state
land to Comptroller Bob Bullock,
some Duval County ranchers have
been calling it a sweetheart deal, the
Houston Chronicle reported
Wednesday.
Both Mauro and Bullock said
there was nothing wrong or unusual
about the 10-year lease. They also
said Bullock is paying more than
anyone else offered.
However, the Chronicle reported,
“Skeptics question how Bullock
could have wound up with what
turns out to be one of the state’s few
hunting leases in South Texas —
without having received special con
sideration from Mauro’s office.”
The newspaper also said that Bul
lock has fenced in the land, closing
off a road through the property that
once provided neighboring land
owners easy access to their own
property.
Rancher Leroy Hardcastle of
Freer, who grazed cattle on the
property for more than two decades
before the state leased it to Bullock,
said,“I think that he has caused con
siderable trouble out there,”.
Hardcastle said,“I think it’s an in
side deal, but I have no way to prove
it. I’m sure it had to go through the
land commissioner.”
George Taggart, a Rockport busi
nessman who owns land in the area,
told the Chronicle he also believes
Bullock was given special treatment
by the General Land Office.
The newspaper said the lease ac
tually is in the name of George Gar
land, a former associate deputy
comptroller for tax and administra
tion m Bullock’s office, who has been
working as a lobbyist since January,
according to Bullock. They split the
lease cost, Bullock said.
Items fo.
216 R
fore d
lalli
“Skeptics question how
Bullock could have wound
up with what turns out to
be one of the state’s few
hunting leases in South
Texas — without having
received special consider
ation from Mauro’s of
fice.” — the Houston
Chronicle
Bullock said he and Carte
heard the land was available®
ter the state decidedhottotej
castle continue to lease the pr|
Ix i auNe of alleged overgraziitj I
The Chronicle reportedttt j
office officials admittedthevi
place advertisements aboutdj
hut said that was not unusual
Hardcastle, however,
state “just up and took’ tlij
away after he had spent vtis|
considerable money D
building fences and dertt|
grassland.
1 larde astle said, ‘Theysai(il|
abusing it.” He put the 1
severe drought that lastedfoi'*]
three years.
“George and I have been hunting
down there for years,” Bullock said.
“Normally, we hunt on (Clinton)
Manges’ place.” Manges, a Duval
County rancher, long has been a fig
ure in Texas politics and is a long
time acquaintance of Bullock.
Mauro said no special deal was
made.
“He’s not getting any special treat
ment, period,” Mauro said. “But he
did come in and offer the state the
best deal available.”
Mauro said the lease wash
at staff level. Apparendyato'I
castle had abused that land
ribly, the staff recommerfj
renew that lease. Sothestaflsj
checking around to findffJB
who would lease and spend/fflRjs-pQ^
cant amount of time to biii§L rt . ,
fars to be
lhe r } and - , , h Houstor
I aggart, who prepared a ^ some s<
plication that would have pra
state $1.50 per acre for i® mire
rights and S 1.50 an acreforftfe.f
rights, said the property didt*
be rested because it was in s®
shape.
Taggart said he never®
application because hewastf
land office employee that une mavo
over, and that the the land'slick” Dimon
Mary
known a:
in the noi
ile the
11 for a ch
1? says I
ter.
to Bullock.
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4400 ©13 College JUr.
Study Abroad
Fiftaticfel Aid
Ittf ormational
Meeting
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2:00-3:00 604 Rudd
D
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