NHP rapped for worker’s suspension

Wednesday, Jan. 8, 2003 | 9:03 a.m.

CARSON CITY -- Using profanity in the workplace at the Nevada Highway Patrol does not justify the five-day suspension of an employee, a state hearing officer has ruled.

Hearing Officer Henry Egghart, in a decision released Tuesday, said the Highway Patrol should reduce the suspension given to Dewey Willie, a lead mechanic who has been highly commended for his work on several occasions.

Willie was disciplined for using profanity and having a run-in with two female co-workers. The dispute involved what Willie perceived as the unfair treatment of his girlfriend, who also works in the state Department of Public Safety, which oversees the Highway Patrol.

In one conversation, Willie complained, his girlfriend was being given a "ration of B.S.," without using the words the initials stand for. Another time he used swear words in a conversation with a co-worker.

He was accused of violating the policy that states: "Employees shall not treat co-workers disrespectfully or use threatening or insulting language toward any employee engaged in the execution of their post or duties."

The policy states that workers should not use "coarse, violent, profane or insolent language or gestures."

Willie was suspended for five days without pay.

At a hearing before Egghart in September, several witnesses testified that swear words were often used at the patrol.

"It was established by numerous witnesses, including high management personnel, that this kind of language is common among Nevada Highway Patrol personnel up to and including the highest levels," Egghart said in his ruling.

Col. David Hosmer, chief of the Highway Patrol, approved Willie's suspension. He testified at the personnel hearing that he used and heard profanity at meetings of officers.

"In (Hosmer's) opinion, depending on the context and when not directed at a particular person, swearing to stress a point can be appropriate," Egghart said. "(Hosmer) testified profanity has been widely used among police officers and even Public Safety Director (Dick Kirkland) uses profanity at his meetings."

Egghart concluded that disciplining an employee in the way that Willie was punished, for uttering words commonly used in the work environment, was not appropriate.

Willie has worked for the patrol as an equipment mechanic in Reno since 1996. He has received a number of commendations for his work, but also was reprimanded in 2001 for insubordination and using foul language.