State to fight order reinstating reformatory official

Tuesday, Jan. 25, 2005 | 9:36 a.m.

CARSON CITY -- The state is going to court to try to to prevent the reinstatement of the head group supervisor at the state youth reformatory in Caliente.

The man at the center of the battle said Monday he had not heard anything from the state Division of Children and Family Services regarding his future.

In early January, state Hearing Officer David Ford ruled there was not enough evidence to justify Bruce Burgess' firing from the Caliente Youth Correctional Center in September 2003. He ordered the state to reimburse Burgess for his lost pay

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

The hearing officer said the prescription drug that Burgess took from the inventory was stockpiled because a youth did not need the medication any more. The hearing officer said "no individual youth was harmed."

Jone Bosworth, administrator of the state Division of Child and Family Services, said Monday the state would contest the decision of the hearing officer in court.

When the hearing officer ordered reinstatement, Burgess was put on administrative leave by the state with salary, but he was told to stay home while a decision was made on an appeal.

Bosworth said the state intends to stop Burgess' salary while the court appeal is under way.

Bosworth said Burgess was guilty of theft and had pleaded guilty in District Court. She said it was not in the best interest of the children that Burgess return to work.

She said she has tightened the control over the drugs at the center to prevent other similar acts.

Burgess pleaded guilty to a felony of unlawful taking or obtaining of controlled substances in July 2003. He was ordered into a drug diversionary program for three years. He said the felony would be erased from his record when he completes the program.

Reached at his home late Monday, Burgess said he had not been informed that the state planned to take the case to court. He said he was surprised and wanted to talk to his lawyer before making any further comments.

Burgess was employed since 1991 as a group supervisor at the center and has been the group supervisor in charge since February 1997.