State hearing officer upholds prison firing

Monday, June 13, 2005 | 9:30 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- A state hearing officer has upheld the firing of a sergeant at the Ely State Prison who gave gas grenades to his staff as souvenirs.

Hearing Officer Pat Dolan, in a decision released Friday, said there was substantial evidence that Gilbert L. Cunningham II not only illegally gave the grenades, but then lied and tried to cover it up.

Cunningham, who worked 15 years for the prison, served as leader of a Correctional Emergency Response Team that underwent a week of training to handle such things as disturbances at the prison. The gas grenades, used in the exercise, were left over.

At the end of the exercise, there was a barbecue at one of the homes of the employees. Dolan said Cunningham indicated "his imbibing of alcohol on the day of the barbeque played a role in his exercise of poor judgment in so gifting the ordnance."

When the prison discovered the grenades were missing, an investigation was started. Dolan found that Cunningham falsified records, lied to his superior and asked the five team members to cover up the gift of state property.

Dolan wrote, "The employee destroyed any credibility he enjoyed when he elected not to come clean when initially confronted with discovery of his prior improper actions."