State makes deal with fired prison employee

Thursday, March 14, 2002 | 9:54 a.m.

CARSON CITY -- The state has decided to pay a $60,000 settlement for a former prison employee rather than go to trial on her complaint of sexual harassment.

The state Board of Examiners Tuesday authorized the out-of-court settlement for Pamela Swanner, a fired 10-year administrative employee of the state prison system.

Under the settlement, Swanner will drop her federal lawsuit but will be able to continue her appeal that her dismissal was unjustified.

Stanley Miller, state administrator of tort claims, said Wednesday it was cheaper for the state to pay the settlement than to fight the case. He said he didn't know the merits of Swanner's claim, but it would require the state to go back 10 years to find witnesses, which would be expensive.

If Swanner won a federal court judgment, even if it were only $1, the state would have to pay her attorney fees, which would exceed $100,000, Miller said.

Swanner initially sought $300,000 in the out-of-court settlement, but the amount was negotiated down, Miller said.

Swanner's attorney, Andy Boles, called it "a pretty good settlement." The state didn't admit the sexual allegations, "and we didn't crow we won," he said.

Swanner alleged sexual misconduct on the part of former state Prison Director Bob Bayer and others. She was fired over allegations that she falsified records in her applications for other jobs in the prison system.

That case will now go to a state hearing officer, who will decide whether to reinstate Swanner. Boles said Swanner wants her job back because there is a new administration at the prison.