Fired prison guard reinstated after hearing

Tuesday, April 25, 2000 | 10:11 a.m.

CARSON CITY -- A state hearing officer has chosen to believe a guard at the Northern Nevada Correctional Center in Carson City rather than Prison Director Bob Bayer.

Hearing Officer Pat Dolan, in a decision released Monday, ordered the reinstatement of correctional officer James Middleton, who was fired April 8, 1999, on charges he submitted false information on his applications for promotion.

Middleton, who started work at the prison in 1988, filed applications for the positions of criminal investigator I and criminal investigator III at the prison. As part of his background, he said he was a member of a gang task force and spent a good part of his time at the prison tracking security threat groups.

Bayer, during an appeal hearing, said Middleton was not involved in gang security work. The gang task force, Bayer said, had been disbanded by the former director.

Bayer said Middleton was a good officer and he did not want to fire him but he had no choice since he had dismissed previous employees for submitting false information.

Dolan said the evidence showed that there was a task force and that Middleton actively participated in it.

Dolan also rejected other claims that Middleton had falsified his applications for promotion to new jobs. He ordered Middleton reinstated with full back pay, minus any compensation he might have earned in the last year.

Dolan criticized the prison and the state Personnel Department for failing to advise Middleton that his applications were being challenged and for failing to give him a chance to submit information to verify his background.

The hearing officer found the "totality of the substantial, reliable and probative evidence does not establish that the employee engaged in disgraceful conduct, dishonesty or falsification of any records."