State worker fired over gun incident is reinstated

Wednesday, Oct. 6, 2004 | 9:22 a.m.

CARSON CITY -- A state hearing officer has overturned the firing of a state Transportation Department employee who pulled out a gun at a meeting two days after he was passed over for a promotion.

Hearing Officer Patrick Dolan, in a decision issued Tuesday, said the actions of Bryan Patrick were "juvenile and incredibly stupid" but did not justify his dismissal. He restored Patrick to his job and ordered he be given all lost pay.

Dolan recommended, however, that the department give Patrick a maximum suspension without pay.

Patrick, employed by the Transportation Department since 1990, was among those being considered for promotion to a Technician IV position. But his supervisor, Larry Boge, informed him he did not get the job.

Two days later Patrick was required to conduct a safety meeting at a Reno restaurant for fellow employees. About a dozen attended the session including Boge. At the beginning of the meeting, Patrick pulled out a Ruger 9mm handgun and put it on the table.

Patrick said of the promotion decision, "I just want to show you I'm OK with that." He turned to Boge and said, "Larry, you might want to switch places with Shane so I can get a better shot. You can see this better."

Patrick testified at the appeal hearing that he brought the gun to the restaurant as a joke.

"Violence in the working place is no joking matter," The hearing officer said, adding that Boge "never felt sufficient concern and never reported the incident."

Other employees at the table testified at the hearing they did not feel threatened but a number experienced "shock and apprehension" when Patrick produced the gun.