Hearing officer refuses to change findings on prison

Wednesday, Oct. 7, 1998 | 8:54 a.m.

Hearing Officer David Kladney, in a decision released Monday, rejected a request from state Prison Director Bob Bayer to erase language in a previous ruling involving Sgt. Mel Vande Brake.

Bayer said some of the allegations by Kladney were unfounded and should be stricken. Earlier, he threatened to take the issue to court if Kladney didn't strike some of the critical findings.

Vande Brake had been demoted for a number of violations, including spreading false rumors about his superiors. Kladney found there wasn't enough evidence to support the demotion and instead recommended a 30-day suspension. Bayer wanted the demotion upheld.

In his new decision, Kladney said rumors circulated by Vande Brake "do not give rise to a clear and serious security threat. The proposed discipline in this case was not reasonable and should not be sustained."

He said his discussion in his first decision of the security at the women's prison, its personnel investigations and its discipline of staff were "germane, material and relevant" and wouldn't be eliminated.

In the first ruling, Kladney said the Northern Nevada Women's Correction Center was "a failing institution, which was at risk for total collapse or even worse." That prompted Gov. Bob Miller to order Bayer to investigate the allegations.

Miller expressed confidence in Bayer who later said his inquiry showed the hearing officer listened to only one side of the story.

Kladney said there was evidence upper management had sexual liaisons with subordinates; the counseling staff had relations with inmates; the medical staff used drugs within the prison and the administration failed to fix the plumbing, heating and water systems.

Kladney, in the new ruling, did strike language about drug-dealing by the medical staff but kept the allegation there was drug use by employees inside the prison.

The women's prison in Carson City has been converted to a male facility, and females are now housed at a privately run prison in North Las Vegas.