A public works employee hauling “a full load of waste” to a city landfill had to make an emergency bathroom stop at a Target and later found himself with a five-day suspension.
Last month, a hearing officer reversed the punishment of Richard Dessureau after deciding Dessureau suffered form a medical emergency.
Dessureau told his bosses “when you gotta go, you gotta go” to no avail.
Dessureau, a semi-tractor trailer operator, testified that he suffers acid reflux problems and must take medicine, which sometimes causes diarrhea.
He testified that on July 16, 2007, he diverted his trip to the landfill to make an emergency stop at the Target located at 7930 East 49th Ave. He parked his semi-trailer, which was filled with asphalt and debris.
Wesley Cottrell, the city’s paving supervisor, decided to push for punishment because he feared negative publicity from television crews filming work crews not doing their jobs.
Cottrell thought Dessureau made the stop to shop instead of to use the bathroom.
Hearing officer Valerie McNaughton overturned the punishment in a ruling issued Jan. 16.
“Appellant presented convincing and uncontradicted evidence that he experienced a real emergency while a few minutes from an accessible public restroom,” McNaughton wrote in her ruling.
The city has no plans to appeal the hearing officer’s decision said Revekka Balancier, a spokeswoman for the city’s public works department.
Christopher N. Osher: 303-954-1747 or cosher@denverpost.com
