Dismissal of corrections officer overturned

Friday, March 10, 2006 | 7:24 a.m.

CARSON CITY - A state hearing officer has overturned the dismissal of a female correctional officer who was fired from her job for having sex with a male guard while on duty at the state prison in Lovelock.

Correctional Officer Amie L. Bianchini was fired on Nov. 4 last year for "neglect of duty that jeopardized the security of the institution" when the sex act occurred. She was on duty in a control room in a cellblock that housed up to 164 inmates.

She and Officer Sean Hoferer both testified that on Feb. 18, 2005, when the inmates were all locked down at 11 p.m., they went into the bathroom and engaged in consensual oral sex.

Hearing Officer Patrick Dolan said the conduct of Bianchini did not affect the security - the inmates were locked up - and said she should be given a 30-day suspension.

Hoferer later resigned rather than face disciplinary action.

Dolan, in his decision dated Wednesday, said the evidence showed that officers take brief meals and restroom breaks in the control room without any replacements. In this case, all the inmates were locked up.

He said the act by Bianchini did not constitute abandonment of her post and none of the inmates witnessed the event. The prison rules do not address consensual sexual conduct between employees while on duty.

He said attorneys for the prison indicated that the regulations would be changed to provide for termination if similar cases occurred.