Reinstated worker kept off the job

Monday, Jan. 10, 2005 | 10:56 a.m.

CARSON CITY -- The saga continues for Bruce Burgess, fired in September 2003 and then reinstated to his job last week as head group supervisor at the state youth reformatory in Caliente.

Burgess says he reported for work Friday and was told to go home.

"I spoke to my lawyer and was told the state is going to appeal the case to court," he said.

In the meantime, he said he will be placed on administrative leave with pay while the court case proceeds.

State Hearing Officer David Ford last week decided there was insufficient evidence to dismiss Burgess and ordered he be given all of his back pay, minus any income he may have earned from September 2003.

Burgess, the second-in-charge at the institution, was accused of illegally unlocking the drug cabinet in July 2003 and removing a controlled substance hydrocodone, a painkiller. He said he took the drug for a co-worker who needed medication to relieve his pain after an injury.

The case has sparked interest among civic leaders in Caliente, a town in Lincoln County about 100 miles north of Las Vegas. Mike Willden, the director of the state Human Resources Department, testified he had a "falling out" with city leaders over the dismissal.

Willden, who was born and raised in Caliente, said he heard from the mayor, school superintendent and others. Burgess, who has worked at the youth center since 1991, said the support of the community "has been heartwarming."

Willden could not be reached for comment about whether he will appeal the case to District Court.

Senior Deputy Attorney General Charles Hilsabeck said he was "unhappy" with the ruling, but he said he has not had a chance to talk with Willden to decide on a potential appeal.

Ford, the hearing officer, said, "It has been found that the entire city of Caliente reacts to what happens at the youth facility. It is like the reaction and the mentality of a wolf pack. If employees become polarized with their opinion, it permeates throughout the community."

Burgess pleaded guilty to a felony unlawful taking or obtaining of controlled substance or prescription in July 2003. He was ordered into a drug diversionary program for three years. He said Friday he does not have a felony on his record and it will not be on his record so long as he successfully completes the program.

Hearing Officer Ford suggested the was a case for progressive discipline rather than firing on the first offense.

"Based on substantial, reliable and probative evidence, employee (Burgess) had a prescription for the use of Hydrocodone, he was aware that medication was stockpiled when youths at the facility no longer used it, therefore no individual youth was harmed ..."